[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 33 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. J. RES. 33
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 17, 2010
Mr. Bingaman (for himself and Ms. Murkowski) introduced the following
joint resolution; which was read twice, considered, read the third
time, and passed
_______________________________________________________________________
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''.
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