I 

109TH CONGRESS 

1ST SESSION H. R. 317

To establish the District Court of the Virgin Islands as a court under 

article III of the United States Constitution. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2005

Mrs. CHRISTENSEN introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To establish the District Court of the Virgin Islands as 

a court under article III of the United States Constitution.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Judicial District of 

5 the Virgin Islands Act of 2005’’. 

6 SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIR7 GIN ISLANDS AS AN ARTICLE III COURT. 

8 (a) ESTABLISHMENT.—
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1 (1) IN GENERAL.—Chapter 5 of title 28, United 

2 States Code, is amended by inserting after section 

3 126 the following new section: 

4 ‘‘§ 126A. Virgin Islands 

5 ‘‘The Virgin Islands constitutes one judicial district 

6 comprising two divisions. 

7 ‘‘(1) The Saint Croix Division comprises the Is8 land of Saint Croix and adjacent islands and cays. 

9 ‘‘Court for the Saint Croix Division shall be 

10 held at Christiansted. 

11 ‘‘(2) The Saint Thomas and Saint John Divi12 sion comprises the Islands of Saint Thomas and 

13 Saint John and adjacent islands and cays. 

14 ‘‘Court for the Saint Thomas and Saint John 

15 Division shall be held at Charlotte-Amalie.’’. 

16 (2) CONFORMING AMENDMENT.—The table of 

17 contents for chapter 5 of title 28, United States 

18 Code, is amended by inserting after the item relating 

19 to section 126 the following:

‘‘126A. Virgin Islands.’’.

20 (3) NUMBER OF JUDGES.—The table contained 

21 in section 133(a) of title 28, United States Code, is 

22 amended by inserting after the item relating to 

23 Vermont the following:

‘‘Virgin Islands .......................................................................................... 2’’.
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1 (b) REVISED ORGANIC ACT OF THE VIRGIN IS2 LANDS.—

3 (1) REPEALS.—Sections 25, 26, and 27 of the 

4 Revised Organic Act of the Virgin Islands (48 

5 U.S.C. 1615, 1616, and 1617) are repealed. 

6 (2) BILL OF RIGHTS.—Section 3 of the Revised 

7 Organic Act of the Virgin Islands (48 U.S.C. 1561) 

8 is amended in the 23d undesignated paragraph—

9 (A) by inserting ‘‘article III;’’ after ‘‘sec10 tion 9, clauses 2 and 3;’’; and 

11 (B) by striking ‘‘: Provided, however’’ and 

12 all that follows through the end of the para13 graph and inserting the following: ‘‘; except 

14 that all offenses under the laws of the Virgin 

15 Islands which are prosecuted in the courts es16 tablished by local law shall continue to be pros17 ecuted by information, except those that are re18 quired by local law to be prosecuted by indict19 ment by grand jury.’’. 

20 (3) JURISDICTION OF LOCAL COURTS.—Section 

21 21 of the Revised Organic Act of the Virgin Islands 

22 (48 U.S.C. 1611) is amended to read as follows: 
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1 ‘‘SEC. 21. JURISDICTION OF COURTS OF THE VIRGIN IS2 LANDS. 

3 ‘‘(a) JURISDICTION OF THE COURTS OF THE VIRGIN

4 ISLANDS.—The judicial power of the Virgin Islands shall 

5 be vested in such appellate court and lower local courts 

6 as may have been or may hereafter be established by local 

7 law. The courts of the Virgin Islands established by local 

8 law shall have jurisdiction over all causes of action in the 

9 Virgin Islands over which any court established by the 

10 Constitution and laws of the United States does not have 

11 exclusive jurisdiction. 

12 ‘‘(b) PRACTICE AND PROCEDURE.—The rules gov13 erning the practice and procedure of the courts established 

14 by local law and those prescribing the qualifications and 

15 duties of the judges and officers thereof, oaths and bonds, 

16 and the times and places of holding court shall be gov17 erned by local law or the rules promulgated by those 

18 courts.’’. 

19 (4) JURISDICTION OVER CRIMINAL MATTERS

20 AND INCOME TAX.—Section 22 of the Revised Or21 ganic Act of the Virgin Islands (48 U.S.C. 1612) is 

22 amended to read as follows: 

23 ‘‘SEC. 22. JURISDICTION OVER INCOME TAX. 

24 ‘‘The United States District Court for the District 

25 of the Virgin Islands shall have exclusive jurisdiction over 

26 all criminal and civil proceedings in the Virgin Islands 
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1 with respect to the income tax laws applicable to the Vir2 gin Islands, regardless of the degree of the offense or of 

3 the amount involved, except the ancillary laws relating to 

4 the income tax enacted by the legislature of the Virgin 

5 Islands. Any act or failure to act with respect to the in6 come tax laws applicable to the Virgin Islands which would 

7 constitute a criminal offense described in chapter 75 of 

8 the Internal Revenue Code of 1986 shall constitute an of9 fense against the government of the Virgin Islands and 

10 may be prosecuted in the name of the government of the 

11 Virgin Islands by appropriate officers thereof in the 

12 United States District Court for the District of the Virgin 

13 Islands without the request or consent of the United 

14 States attorney for the Virgin Islands.’’. 

15 (5) RELATIONS BETWEEN UNITED STATES

16 COURTS AND LOCAL COURTS.—Section 23 of the Re17 vised Organic Act of the Virgin Islands (48 U.S.C. 

18 1613) is amended to read as follows: 

19 ‘‘SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED 

20 STATES AND LOCAL COURTS. 

21 ‘‘(a) IN GENERAL.—The relations between the courts 

22 established by the Constitution or laws of the United 

23 States (including the United States District Court for the 

24 District of the Virgin Islands) and the courts established 

25 by local law with respect to appeals, certiorari, removal 
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1 of causes, the issuance of writs of habeas corpus, and 

2 other matters or proceedings shall be governed by the laws 

3 of the United States pertaining to the relations between 

4 the courts of the United States, including the Supreme 

5 Court of the United States, and the courts of the several 

6 States in such matters and proceedings, except that for 

7 the first 15 years following the establishment of the appel8 late court authorized by section 21(a) of this Act, the 

9 United States Court of Appeals for the Third Circuit shall 

10 have jurisdiction to review by writ of certiorari all final 

11 decisions of the highest court of the Virgin Islands from 

12 which a decision could be had. 

13 ‘‘(b) REPORTS TO CONGRESS.—The Judicial Council 

14 of the Third Circuit shall submit reports to the Committee 

15 on Energy and Natural Resources of the Senate and the 

16 Committee on Resources of the House of Representatives 

17 at intervals of 5 years following the establishment of the 

18 appellate court authorized by section 21(a) of this Act as 

19 to whether that court has developed sufficient institutional 

20 traditions to justify direct review by the Supreme Court 

21 of the United States from all final decisions of the highest 

22 court of the Virgin Islands. 

23 ‘‘(c) RULES.—The United States Court of Appeals 

24 for the Third Circuit shall have jurisdiction to promulgate 
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1 rules necessary to carry out the provisions of this sec2 tion.’’. 

3 (6) APPELLATE JURISDICTION OF DISTRICT

4 COURT.—Section 23A of the Revised Organic Act of 

5 the Virgin Islands (48 U.S.C. 1613a) is amended by 

6 striking ‘‘District Court of the Virgin Islands’’ each 

7 place it appears and inserting ‘‘United States Dis8 trict Court for the District of the Virgin Islands’’. 

9 (7) ASSIGNMENT OF ADDITIONAL JUDGES TO

10 THE COURT.—Section 24 of the Revised Organic Act 

11 of the Virgin Islands (48 U.S.C. 1614) is amended 

12 to read as follows: 

13 ‘‘SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE 

14 COURT. 

15 ‘‘Whenever it appears to be necessary for the proper 

16 dispatch of the business of the United States District 

17 Court for the District of the Virgin Islands—

18 ‘‘(1) the chief judge of the Third Judicial Cir19 cuit of the United States may assign—

20 ‘‘(A) a judge of a court of record of the 

21 Virgin Islands established by local law, 

22 ‘‘(B) a circuit or district judge of the 

23 Third Judicial Circuit, or 

24 ‘‘(C) a recalled senior judge of the District 

25 Court of the Virgin Islands, or 
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1 ‘‘(2) the Chief Justice of the United States may 

2 assign any other United States circuit or district 

3 judge, with the consent of that judge and the chief 

4 judge of the circuit from which the judge is as5 signed, 

6 to serve temporarily as a judge of the United States Dis7 trict Court for the District of the Virgin Islands. After 

8 the establishment of the appellate court authorized by sec9 tion 21(a) of this Act, no judge described in paragraph 

10 (1)(A) may be assigned to the district court under this 

11 section.’’. 

12 (c) PLEADINGS AND PROCEEDINGS IN ENGLISH.—

13 All pleadings and proceedings in the United States Dis14 trict Court for the District of the Virgin Islands shall be 

15 conducted in the English language. 

16 (d) SAVINGS PROVISIONS.—

17 (1) PENDING CASES.—With respect to any com18 plaint or proceeding pending in the District Court of 

19 the Virgin Islands on the day before the effective 

20 date of this Act, such complaint or proceeding may, 

21 on and after such effective date, be pursued to final 

22 determination in the United States District Court 

23 for the District of the Virgin Islands, the United 

24 States Court of Appeals for the Third Circuit, and 

25 the United States Supreme Court. 
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1 (2) EXISTING OFFICERS OF THE COURT.—Any 

2 individual who, on the effective date of this Act, is 

3 serving as the United States Attorney for the Virgin 

4 Islands, or the United States marshal for the Virgin 

5 Islands, may continue in such office until a suc6 cessor is appointed pursuant to the provisions of 

7 title 28, United States Code. 

8 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

9 (a) JUDICIAL COMPARISONS.—Section 333 of title 

10 28, United States Code, is amended by striking ‘‘, the Dis11 trict Court of the Virgin Islands,’’. 

12 (b) RETIREMENT AND SURVIVORS’ ANNUITIES.—

13 (1) RETIREMENT.—Section 373 of title 28, 

14 United States Code, is amended in subsections (a) 

15 and (e) by striking ‘‘, the District Court of the 

16 Northern Mariana Islands, or the District Court of 

17 the Virgin Islands’’ and inserting ‘‘or the District 

18 Court of the Northern Mariana Islands’’. 

19 (2) SURVIVORS’ ANNUITIES.—Section 376(a) of 

20 title 28, United States Code, is amended in para21 graphs (1)(B) and (2)(B) by inserting ‘‘(as in effect 

22 before the effective date of the Judicial District of 

23 the Virgin Islands Act of 2005)’’ after ‘‘the District 

24 Court of the Virgin Islands’’. 
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1 (3) CALCULATION OF SERVICE AS A JUDGE.—

2 In the case of a judge of a district court retiring 

3 under section 371 of title 28, United States Code, 

4 after the effective date of this Act, service by the 

5 judge as a judge of the District Court of the Virgin 

6 Islands before the effective date of this Act shall be 

7 included in calculating service under section 371(c) 

8 of such title. 

9 (4) RIGHTS OF EXISTING RETIREES NOT AF10 FECTED.—Nothing in this Act shall be construed to 

11 affect the rights of any judge who has retired as a 

12 judge of the District Court of the Virgin Islands be13 fore the effective date of this Act. 

14 (c) COURTS DEFINED.—Section 610 of title 28, 

15 United States Code, is amended by striking ‘‘the United 

16 States District Court for the District, the Canal Zone,’’ 

17 and by striking ‘‘the District Court of the Virgin Is18 lands,’’. 

19 (d) MAGISTRATE JUDGES.—Section 631(a) of title 

20 28, United States Code, is amended—

21 (1) in the first sentence, by striking ‘‘Virgin Is22 lands, Guam, and’’ and inserting ‘‘Guam and’’; and 

23 (2) in the second sentence, by striking ‘‘Virgin 

24 Islands, Guam, or’’ and inserting ‘‘Guam or’’. 
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1 (e) INVESTIGATIONS BY ATTORNEY GENERAL.—Sec2 tion 526(a)(2) of title 28, United States Code, is amended 

3 by striking ‘‘and of the district court of the Virgin Is4 lands’’. 

5 (f) COURTS OF APPEALS.—

6 (1) Section 1291 of title 28, United States 

7 Code, is amended by striking ‘‘, the United States 

8 District Court for the District of the Canal Zone,’’ 

9 and all that follows through ‘‘Virgin Islands’’ and in10 serting ‘‘and the District Court of Guam’’. 

11 (2) Section 1292 of title 28, United States 

12 Code, is amended—

13 (A) in subsection (a)(1), by striking ‘‘, the 

14 United States District Court for the District of 

15 the Canal Zone’’ and all that follows through 

16 ‘‘Virgin Islands,’’ and inserting ‘‘and the Dis17 trict Court of Guam,’’; and 

18 (B) in subsection (d)(4)(A), by striking 

19 ‘‘the District Court of the Virgin Islands,’’. 

20 (3) Section 1294 of title 28, United States 

21 Code, is amended by striking paragraphs (2) and (3) 

22 and redesignating paragraph (4) as paragraph (2). 

23 (g) COURT OF APPEALS FOR THE FEDERAL CIR24 CUIT.—Section 1295(a) of title 28, United States Code, 

25 is amended in paragraphs (1) and (2) by striking ‘‘the 
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1 United States District Court for the District of the Canal 

2 Zone’’ and all that follows through ‘‘Virgin Islands,’’ and 

3 inserting ‘‘the District Court of Guam,’’. 

4 (h) FEDERAL TORT CLAIMS.—Section 1346(b)(1) of 

5 title 28, United States Code, is amended by striking ‘‘, 

6 together with’’ and all that follows through ‘‘Virgin Is7 lands,’’. 

8 (i) COURT REPORTERS.—Section 753(a) of title 28, 

9 United States Code, is amended in the first paragraph by 

10 striking ‘‘, the United States District Court for the Dis11 trict of the Canal Zone’’ and all that follows through ‘‘Vir12 gin Islands’’ and inserting ‘‘and the District Court of 

13 Guam’’. 

14 (j) REPRESENTATION OF CERTAIN DEFENDANTS.— 

15 Section 3006A(j) of title 18, United States Code, is 

16 amended by striking ‘‘the District Court of the Virgin Is17 lands,’’. 

18 (k) VENUE.—Sections 1404(d) and 1406(c) of title 

19 28, United States Code, are each amended by striking ‘‘, 

20 the District Court for the Northern Mariana Islands, and 

21 the District Court of the Virgin Islands,’’ and inserting 

22 ‘‘and the District Court for the Northern Mariana Is23 lands,’’. 

24 (l) BANKRUPTCY JUDGES.—The table contained in 

25 section 152(a)(2) of title 28, United States Code, is 
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1 amended by inserting after the item relating to Vermont 

2 the following new item:

‘‘Virgin Islands .......................................................................................... 2’’.

3 (m) OTHER TITLE 18 AMENDMENTS.—(1) Section 

4 23 of title 18, United States Code, is amended—

5 (A) by striking ‘‘Guam, the’’ and inserting 

6 ‘‘Guam and’’; and 

7 (B) by striking ‘‘, and the District Court of the 

8 Virgin Islands’’. 

9 (2) Section 6001(4) of title 18, United States Code, 

10 is amended by striking ‘‘the District Court of the Virgin 

11 Islands,’’. 

12 SEC. 4. ADDITIONAL REFERENCES. 

13 Any reference in any provision of law to the District 

14 Court of the Virgin Islands shall, after the effective date 

15 of this Act, be deemed to be a reference to the United 

16 States District Court for the District of the Virgin Is17 lands. 

18 SEC. 5. EFFECTIVE DATE. 

19 This Act and the amendments made by this Act shall 

20 take effect at the end of the 90-day period beginning on 

21 the date of the enactment of this Act.

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