[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 111-194
111th Congress

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


[[Page 1310]]


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

[[Page 1311]]

publication of the comments of the President in the Federal
Register)'' after ``or modified''.

Approved June 30, 2010.

LEGISLATIVE HISTORY--S.J. Res. 33:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
June 17, considered and passed Senate.
June 29, considered and passed House.