I 111th CONGRESS 1st Session H. R. 2789 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.

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.

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.

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.

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.

5.

Authorization of appropriations

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