[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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