[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 33 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
S. J. RES. 33

_______________________________________________________________________

                            JOINT RESOLUTION


 
    To provide for the reconsideration and revision of the proposed 
constitution of the United States Virgin Islands to correct provisions 
          inconsistent with the Constitution and Federal law.

Whereas Congress, recognizing the basic democratic principle of government by 
        the consent of the governed, enacted Public Law 94-584 (94 Stat. 2899) 
        authorizing the people of the United States Virgin Islands to organize a 
        government pursuant to a constitution of their own adoption;
Whereas a proposed constitution to provide for local self-government for the 
        people of the United States Virgin Islands was submitted by the 
        President to Congress on March 1, 2010, pursuant to Public Law 94-584;
Whereas Congress, pursuant to Public Law 94-584, after receiving a proposed 
        United States Virgin Islands constitution from the President may 
        approve, amend, or modify the constitution by joint resolution, but the 
        constitution ``shall be deemed to have been approved'' if Congress takes 
        no action within ``sixty legislative days (not interrupted by an 
        adjournment sine die of the Congress) after its submission by the 
        President'';
Whereas in carrying out Public Law 94-584, the President asked the Department of 
        Justice, in consultation with the Department of the Interior, to provide 
        views on the proposed constitution;
Whereas the Department of Justice concluded that several features of the 
        proposed constitution warrant analysis and comment, including--

    (1) the absence of an express recognition of United States sovereignty 
and the supremacy of Federal law;

    (2) provisions for a special election on the territorial status of the 
United States Virgin Islands;

    (3) provisions conferring legal advantages on certain groups defined by 
place and timing of birth, timing of residency, or ancestry;

    (4) residence requirements for certain offices;

    (5) provisions guaranteeing legislative representation of certain 
geographic areas;

    (6) provisions addressing territorial waters and marine resources;

    (7) imprecise language in certain provisions of the bill of rights of 
the proposed constitution;

    (8) the possible need to repeal certain Federal laws if the proposed 
constitution of the United States Virgin Islands is adopted; and

    (9) the effect of congressional action or inaction on the proposed 
constitution; and

Whereas Congress shares the concerns expressed by the executive branch of the 
        Federal Government on certain features of the proposed constitution of 
        the United States Virgin Islands and shares the view that consideration 
        should be given to revising those features: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SENSE OF CONGRESS ON PROPOSED CONSTITUTION FOR UNITED STATES 
              VIRGIN ISLANDS.

    It is the sense of Congress that Congress--
            (1) recognizes the commitment and efforts of the Fifth 
        Constitutional Convention of the United States Virgin Islands 
        to develop a proposed constitution; and
            (2) urges the Fifth Constitutional Convention of the United 
        States Virgin Islands to reconvene for the purpose of 
        reconsidering and revising the proposed constitution in 
        response to the views of the executive branch of the Federal 
        Government.

SEC. 2. REVISION OF PROPOSED CONSTITUTION.

    Section 5 of Public Law 94-584 (90 Stat. 2900) is amended--
            (1) by designating the first, second, third, and fourth 
        sentences as subsections (a), (b), (d), and (e), respectively;
            (2) in subsection (b) (as so designated)--
                    (A) by striking ``within'' and all that follows 
                through ``after'' and inserting ``within 60 legislative 
                days after''; and
                    (B) by inserting ``or has urged the constitutional 
                convention to reconvene,'' after ``in whole or in 
                part,'';
            (3) by inserting after subsection (b) (as so designated) 
        the following:
    ``(c) Revision of Proposed Constitution.--
            ``(1) In general.--If a convention reconvenes and revises 
        the proposed constitution, the convention shall resubmit the 
        revised proposed constitution simultaneously to the Governor of 
        the Virgin Islands and the President.
            ``(2) Comments of president.--Not later than 60 calendar 
        days after the date of receipt of the revised proposed 
        constitution, the President shall--
                    ``(A) notify the convention, the Governor, and 
                Congress of the comments of the President on the 
                revised proposed constitution; and
                    ``(B) publish the comments in the Federal 
                Register.''; and
            (4) in subsection (d) (as so designated), by inserting 
        ``under subsection (b) (or, if revised pursuant to subsection 
        (c), on publication of the comments of the President in the 
        Federal Register)'' after ``or modified''.

            Passed the Senate June 17, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                             S. J. RES. 33

_______________________________________________________________________

                            JOINT RESOLUTION

    To provide for the reconsideration and revision of the proposed 
constitution of the United States Virgin Islands to correct provisions 
          inconsistent with the Constitution and Federal law.