[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2789 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2789

 To confer certain Federal jurisdiction on the High Court of American 
                     Samoa, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 2009

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

_______________________________________________________________________

                                 A BILL


 
 To confer certain Federal jurisdiction on the High Court of American 
                     Samoa, and for other purposes.

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

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) The political relationship between the United States 
        Territory of American Samoa and the United States is embodied 
        in two separate treaties of cessions: one that was signed on 
        April 17, 1900, between the traditional leaders of the Islands 
        of Tutuila and Aunu'u and the United States; and another that 
        was signed on July 16, 1904, between the traditional leaders of 
        Manu'a and the United States.
            (2) The Act of February 20, 1929 (48 U.S.C. 1661), whereby 
        Congress officially ratified the two treaties of cessions, 
        stipulates, in subsection (c), that ``Until Congress shall 
        provide for the government of such islands, all civil, 
        judicial, and military powers shall be vested in such person or 
        persons and shall be exercised in such manner as the President 
        of the United States shall direct; and the President shall have 
        power to remove said officers and fill the vacancies so 
        occasioned.'' On June 29, 1951, by Executive Order No. 10264, 
        President Harry S. Truman transferred the administration of 
        American Samoa from the Secretary of the Navy to the Secretary 
        of the Interior.
            (3) In accordance with article IV, section 3, clause 2 of 
        the United States Constitution, and pursuant to subsection (c) 
        of the Act of February 20, 1929 (48 U.S.C. 1661(c)), Congress 
        hereby authorizes additional jurisdiction to be exercised by 
        the High Court of American Samoa under this Act.

SEC. 2. FEDERAL JURISDICTION AND ADMINISTRATIVE DUTIES OF HIGH COURT OF 
              AMERICAN SAMOA.

    (a) Additional Jurisdiction.--The High Court of American Samoa 
shall have jurisdiction over any criminal case arising under any law of 
the United States applicable to American Samoa in which a defendant who 
is accused of the criminal violation resides in American Samoa and the 
violation occurred in the territory of American Samoa.
    (b) Appeals.--
            (1) Initial appeal.--A decision of the High Court of 
        American Samoa under subsection (a) may be appealed to the 
        Appellate Division of the High Court of American Samoa not 
        later than 60 days after the date of the decision of the High 
        Court.
            (2) Appeal to u.s. district court.--A decision of the 
        Appellate Division of the High Court of American Samoa under 
        paragraph (1) may be appealed to the United States District 
        Court for the District of Hawaii not later than 60 days after 
        the date of the decision of the Appellate Division.
            (3) Further appeals.--A decision of the United States 
        District Court for the District of Hawaii may be appealed as 
        provided in title 28, United States Code.
    (c) Administrative Duties.--The Chief Justice of the High Court of 
American Samoa, or the assignee of the Chief Justice, shall administer 
all matters pertaining to the justices and judges of the courts of 
American Samoa, and to the clerks and other administrative staff of 
such courts.
    (d) Additional Justices.--
            (1) Appointment.--The Secretary of the Interior shall 
        appoint 2 or more justices to the High Court of American Samoa 
        as needed.
            (2) Qualifications.--In appointing individuals under 
        paragraph (1), the Secretary shall consider, in addition to the 
        legal training of the individuals, such individuals' knowledge 
        of the traditional and customary laws of American Samoa.
    (e) Special Prosecutor.--The Secretary of the Interior shall 
appoint a special prosecutor for American Samoa, whose responsibility 
shall be to prosecute all criminal violations of laws of the United 
States over which the High Court of American Samoa has jurisdiction 
under subsection (a), pursuant to applicable local procedures of the 
High Court of American Samoa. In appointing an individual to such 
office, the Secretary shall consider, in addition to the individual's 
legal training, such individual's knowledge of the traditional and 
customary laws of American Samoa.

SEC. 3. EFFECTIVE DATE; NEEDS ASSESSMENT.

    (a) Effective Date.--Subject to subsection (b), this Act shall take 
effect upon the expiration of the 120-day period beginning on the date 
of the enactment of this Act.
    (b) Needs Assessment.--The Secretary of the Interior and the 
Attorney General of the United States, in consultation with the Chief 
Justice of the High Court of American Samoa, the Governor of American 
Samoa, and the President of the Senate and the Speaker of the House of 
Representatives of American Samoa, shall, by not later than 90 days 
after the date of the enactment of this Act, assess the increase in 
staffing and administrative costs required by reason of this Act.

SEC. 4. REPORT TO CONGRESS.

    The Secretary of the Interior shall, not later than 1 year after 
the date of the enactment of this Act, submit to the Congress a report 
on the implementation of this Act.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of the 
Interior $2,000,000 to carry out this Act.
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