    [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.