PUBLIC LAW 111–194—JUNE 30, 2010 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. 

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 

June 30, 2010 

[S.J. Res. 33] 


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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 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 

Federal Register, 

publication. 

Notification. 

Deadline. 

48 USC 1391 

note, 1541 note. 


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PUBLIC LAW 111–194—JUNE 30, 2010 124 STAT. 1311 

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. 


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