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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.

Collection
Federal Reference
Sub-shelf
GovInfo
Kind
Reference Document
Date
2010-06-30
Pages
3
Text
Native Text

124 STAT. 1309 PUBLIC LAW 111–194—JUNE 30, 2010 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 Con- stitution 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 legisl …

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124 STAT. 1309 PUBLIC LAW 111–194—JUNE 30, 2010 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 Con- stitution 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 legisla- tive 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 cer- tain 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 pro- posed constitution; and June 30, 2010 [S.J. Res. 33] VerDate Nov 24 2008 22:54 Jul 07, 2010 Jkt 089139 PO 00194 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL194.111 PUBL194 etreine on DSKHP91DQ1 with PUBLIC LAWS 124 STAT. 1310 PUBLIC LAW 111–194—JUNE 30, 2010 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 reconsid- ering 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 sen- tences 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 constitu- tion, 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 Federal Register, publication. Notification. Deadline. 48 USC 1391 note, 1541 note. VerDate Nov 24 2008 22:54 Jul 07, 2010 Jkt 089139 PO 00194 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL194.111 PUBL194 etreine on DSKHP91DQ1 with PUBLIC LAWS 124 STAT. 1311 PUBLIC LAW 111–194—JUNE 30, 2010 LEGISLATIVE HISTORY—S.J. Res. 33: CONGRESSIONAL RECORD, Vol. 156 (2010): June 17, considered and passed Senate. June 29, considered and passed House. Æ publication of the comments of the President in the Federal Register)’’ after ‘‘or modified’’. Approved June 30, 2010. VerDate Nov 24 2008 22:54 Jul 07, 2010 Jkt 089139 PO 00194 Frm 00003 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL194.111 PUBL194 etreine on DSKHP91DQ1 with PUBLIC LAWS