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[111th Congress Public Law 194]
[From the U.S. Government Printing Office]

[[Page 124 STAT. 1309]]

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. <<NOTE: June 30, 
                        2010 -  [S.J. Res. 33]>> 

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 124 STAT. 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 <<NOTE: 48 USC 1391 note, 1541 note.>> 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 <<NOTE: Deadline.>> of president.--Not later 
        than 60 calendar days after the date of receipt of the revised 
        proposed constitution, the President shall--
                    ``(A) <<NOTE: Notification.>> notify the convention, 
                the Governor, and Congress of the comments of the 
                President on the revised proposed constitution; and
                    ``(B) <<NOTE: Federal Register, 
                publication.>> 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 124 STAT. 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.

                                  <all>
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