[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4711 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4711

        To establish a Federal District Court of American Samoa.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2006

 Mr. Faleomavaega introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To establish a Federal District Court of American Samoa.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal District Court of American 
Samoa Act of 2006''.

SEC. 2. FEDERAL DISTRICT COURT FOR AMERICAN SAMOA.

    (a) Establishment.--There is established for and within American 
Samoa a court of record to be known as the Federal District Court of 
American Samoa. Terms of court shall be held on Tutuila and at such 
other places in American Samoa and at such times as the court may 
designate by rule or order.
    (b) Jurisdiction of the Federal District Court.--The jurisdiction 
of the Federal District Court of American Samoa shall, to the extent 
that the Constitution and laws of the United States apply to American 
Samoa, be limited to the jurisdiction of a district court of the United 
States and that of a bankruptcy court of the United States, except 
that--
            (1) the Federal District Court shall in no case have 
        jurisdiction of a case or proceeding that puts in issue the 
        tenure to any communal lands located in American Samoa, or any 
        matter pertaining to the adjudication of traditional chieftain 
        or matai titles; and
            (2) the Federal District Court and the High Court of 
        American Samoa shall have concurrent jurisdiction over cases 
        involving the interpretation of--
                    (A) the 1900 Treaty or Deed of Cession between the 
                Islands of Tutuila and Aunu'u and the United States, 
                and the 1904 Treaty or Deed of Cession between Manu'a 
                Islands and the United States; and
                    (B) the 1967 Revised Constitution of American 
                Samoa, and any amendments thereto.
    (c) Relationship Between Courts of United States and Courts of 
American Samoa.--The relations between the courts established by the 
Constitution or laws of the United States and the courts of American 
Samoa with respect to appeals, certiorari, removal of causes, the 
issuance of writs of habeas corpus, and other matters or proceedings 
shall be governed by the laws of the United States pertaining to the 
relations between the courts of the United States, including the 
Supreme Court of the United States, and the courts of the several 
States in such matters and proceedings.

SEC. 3. APPOINTMENT OF JUDGE, U.S. ATTORNEY, AND U.S. MARSHAL.

    (a) Appointment of Judge.--The President shall, by and with the 
advice and consent of the Senate, appoint a judge for the Federal 
District Court of American Samoa, who shall hold office for the term of 
10 years and until his or her successor is chosen and qualified, unless 
sooner removed by the President for cause. The judge shall receive a 
salary payable by the United States which shall be at the rate 
prescribed for judges of the United States district courts.
    (b) Temporary Assignments.--The Chief Judge of the Ninth Judicial 
Circuit of the United States may assign a judge of a local court of 
record in American Samoa, a circuit or district judge of the ninth 
judicial circuit, or a recalled senior judge of the United States 
District Court for the District of Hawaii, or the Chief Justice of the 
United States may assign any other United States circuit or district 
judge, with the consent of the judge so assigned and of the chief judge 
of that circuit, to serve temporarily as a judge in the Federal 
District Court of American Samoa whenever such an assignment is for the 
proper conduct, administration, and necessary business of the court.
    (c) U.S. Attorney and U.S. Marshal.--The President shall appoint, 
by and with the advice and consent of the Senate, a United States 
attorney and United States marshal for American Samoa to whose offices 
the provisions of chapters 35 and 37 of title 28, United States Code, 
respectively, shall apply.

SEC. 4. RULES OF PRACTICE AND PROCEDURE.

    Where appropriate, the rules of practice and procedure promulgated 
and made effective by the Congress or the Supreme Court of the United 
States pursuant to titles 11, 18, and 28, United States Code, shall 
apply to the Federal District Court of American Samoa and appeals 
therefrom; except that the terms ``Attorney for the government'' and 
``United States Attorney,'' as used in the Federal Rules of Criminal 
Procedure, shall, when applicable, include the Attorney General of 
American Samoa or such other person or persons as may be authorized by 
the laws of American Samoa to act therein.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Appeals.--The item relating to the Ninth Circuit in the table 
contained in section 41 of title 28, United States Code, is amended by 
inserting ``American Samoa,'' after ``Guam,''.
    (b) Retirement and Survivors' Annuities.--
            (1) Retirement.--Section 373 of title 28, United States 
        Code, is amended in subsections (a) and (e) by inserting ``, 
        the Federal District Court of American Samoa,'' after ``the 
        District Court of Guam,''.
            (2) Survivors' annuities.--Section 376(a) of title 28, 
        United States Code, is amended in paragraphs (1)(B) and (2)(B) 
        by inserting ``the Federal District Court of American Samoa,'' 
        after ``the District Court of Guam,''.
    (c) U.S. Trustee.--Section 581(a)(15) of title 28, United States 
Code, is amended by inserting ``, American Samoa,'' after ``Guam''.
    (d) Courts Defined.--Section 610 of title 28, United States Code, 
is amended by striking ``the United States District Court for the 
District of the Canal Zone'' and inserting ``the Federal District Court 
of American Samoa''.
    (e) Magistrate Judges.--Section 631(a) of title 28, United States 
Code, is amended--
            (1) in the first sentence, by inserting ``, the Federal 
        District Court of American Samoa,'' after ``United States 
        district court''; and
            (2) in the second sentence, by inserting ``American 
        Samoa,'' after ``Guam,''.
    (f) Court Reporters.--The first paragraph of section 753(a) of 
title 28, United States Code, is amended--
            (1) by striking ``the United States District Court for the 
        District of the Canal Zone,''; and
            (2) by inserting ``the Federal District Court of American 
        Samoa,'' after ``the District Court of Guam,''.
    (g) Courts of Appeals.--Section 1291 of title 28, United States 
Code, is amended--
            (1) by striking ``, the United States District Court for 
        the District of the Canal Zone,''; and
            (2) by inserting ``the Federal District Court of American 
        Samoa,'' after ``the District Court of Guam,''.
    (h) Interlocutory Decisions.--Section 1292 of title 28, United 
States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``the United States District Court 
                for the District of the Canal Zone,''; and
                    (B) by inserting ``the Federal District Court of 
                American Samoa,'' after ``the District Court of 
                Guam,''; and
            (2) in subsection (d)(4)(A), by inserting ``the Federal 
        District Court of American Samoa,'' after ``the District Court 
        of Guam,''.
    (i) Circuits in Which Decisions Reviewable.--Section 1294 of title 
28, United States Code, is amended--
            (1) by striking paragraph (2) and redesignating paragraphs 
        (3) and (4) as paragraphs (2) and (3), respectively; and
            (2) in paragraph (3), as so redesignated, by inserting ``or 
        the Federal District Court of American Samoa'' after ``Guam''.
    (j) Court of Appeals for the Federal Circuit.--Section 1295(a) of 
title 28, United States Code, is amended in paragraphs (1) and (2)--
            (1) by striking ``the United States District Court for the 
        District of the Canal Zone''; and
            (2) by inserting ``the Federal District Court of American 
        Samoa,'' after ``the District Court of Guam,''.
    (k) Representation of Certain Defendants.--Section 3006A(j) of 
title 18, United States Code, is amended by inserting ``the Federal 
District Court of American Samoa,'' after ``the District Court of the 
Northern Mariana Islands,''.

SEC. 6. DEFINITION.

    For purposes of this Act, the term ``American Samoa'' includes 
Swains Island and Rose Island.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect at 
the end of the 90-day period beginning on the date of the enactment of 
this Act.
                                 <all>