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IIA 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 pro- posed 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 peo- ple of the United States Virgin Islands to organize a gov- ernment pursuant to a constitution of their own adoption; Whereas a proposed constitution to provide for local self-gov- ernment for the people of the United States Virgin Is- lands was submitted by the President to Congress on March 1, 2010, pursuant to Public Law 94–584; VerDate Mar 15 2010 01:51 Jun 18, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SJ33.IS SJ33 tjames on DSKG8SOYB1PROD with BILLS 2 •SJ 33 IS Whereas Congress, pursuant to Public Law 94–584, after re- ceiving a proposed United States Virgin Islands constitu- tion 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 inter- rupted 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 pro- posed 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 ma- rine 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 VerDate Mar 15 2010 01:51 Jun 18, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SJ33.IS SJ33 tjames on DSKG8SOYB1PROD with BILLS 3 •SJ 33 IS (9) the effect of congressional action or inaction on the proposed constitution; and Whereas Congress shares the concerns expressed by the exec- utive branch of the Federal Government on certain fea- tures of the proposed constitution of the United States Virgin Islands and shares the view that consideration should be given to revising those features: Now, there- fore, be it Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled, 2 SECTION 1. SENSE OF CONGRESS ON PROPOSED CON- 3 STITUTION FOR UNITED STATES VIRGIN IS- 4 LANDS. 5 It is the sense of Congress that Congress— 6 (1) recognizes the commitment and efforts of 7 the Fifth Constitutional Convention of the United 8 States Virgin Islands to develop a proposed constitu- 9 tion; and 10 (2) urges the Fifth Constitutional Convention 11 of the United States Virgin Islands to reconvene for 12 the purpose of reconsidering and revising the pro- 13 posed constitution in response to the views of the ex- 14 ecutive branch of the Federal Government. 15 SEC. 2. REVISION OF PROPOSED CONSTITUTION. 16 Section 5 of Public Law 94–584 (90 Stat. 2900) is 17 amended— 18 VerDate Mar 15 2010 01:51 Jun 18, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SJ33.IS SJ33 tjames on DSKG8SOYB1PROD with BILLS 4 •SJ 33 IS (1) by designating the first, second, third, and 1 fourth sentences as subsections (a), (b), (d), and (e), 2 respectively; 3 (2) in subsection (b) (as so designated)— 4 (A) by striking ‘‘within’’ and all that fol- 5 lows through ‘‘after’’ and inserting ‘‘within 60 6 legislative days after’’; and 7 (B) by inserting ‘‘or has urged the con- 8 stitutional convention to reconvene,’’ after ‘‘in 9 whole or in part,’’; 10 (3) by inserting after subsection (b) (as so des- 11 ignated) the following: 12 ‘‘(c) REVISION OF PROPOSED CONSTITUTION.— 13 ‘‘(1) IN GENERAL.—If a convention reconvenes 14 and revises the proposed constitution, the convention 15 shall resubmit the revised proposed constitution si- 16 multaneously to the Governor of the Virgin Islands 17 and the President. 18 ‘‘(2) COMMENTS OF PRESIDENT.—Not later 19 than 60 calendar days after the date of receipt of 20 the revised proposed constitution, the President 21 shall— 22 ‘‘(A) notify the convention, the Governor, 23 and Congress of the comments of the President 24 on the revised proposed constitution; and 25 VerDate Mar 15 2010 01:51 Jun 18, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\SJ33.IS SJ33 tjames on DSKG8SOYB1PROD with BILLS 5 •SJ 33 IS ‘‘(B) publish the comments in the Federal 1 Register.’’; and 2 (4) in subsection (d) (as so designated), by in- 3 serting ‘‘under subsection (b) (or, if revised pursu- 4 ant to subsection (c), on publication of the com- 5 ments of the President in the Federal Register)’’ 6 after ‘‘or modified’’. 7 Æ VerDate Mar 15 2010 01:51 Jun 18, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\SJ33.IS SJ33 tjames on DSKG8SOYB1PROD with BILLS