I 

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. 

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 ‘‘Federal District Court 

5 of American Samoa Act of 2006’’. 

6 SEC. 2. FEDERAL DISTRICT COURT FOR AMERICAN SAMOA. 

7 (a) ESTABLISHMENT.—There is established for and 

8 within American Samoa a court of record to be known as 

9 the Federal District Court of American Samoa. Terms of 

10 court shall be held on Tutuila and at such other places 

11 in American Samoa and at such times as the court may 

12 designate by rule or order. 
2 

•HR 4711 IH 

1 (b) JURISDICTION OF THE FEDERAL DISTRICT

2 COURT.—The jurisdiction of the Federal District Court 

3 of American Samoa shall, to the extent that the Constitu4 tion and laws of the United States apply to American 

5 Samoa, be limited to the jurisdiction of a district court 

6 of the United States and that of a bankruptcy court of 

7 the United States, except that— 

8 (1) the Federal District Court shall in no case 

9 have jurisdiction of a case or proceeding that puts 

10 in issue the tenure to any communal lands located 

11 in American Samoa, or any matter pertaining to the 

12 adjudication of traditional chieftain or matai titles; 

13 and 

14 (2) the Federal District Court and the High 

15 Court of American Samoa shall have concurrent ju16 risdiction over cases involving the interpretation of— 

17 (A) the 1900 Treaty or Deed of Cession 

18 between the Islands of Tutuila and Aunu’u and 

19 the United States, and the 1904 Treaty or 

20 Deed of Cession between Manu’a Islands and 

21 the United States; and 

22 (B) the 1967 Revised Constitution of 

23 American Samoa, and any amendments thereto. 

24 (c) RELATIONSHIP BETWEEN COURTS OF UNITED

25 STATES AND COURTS OF AMERICAN SAMOA.—The rela-
3 

•HR 4711 IH 

1 tions between the courts established by the Constitution 

2 or laws of the United States and the courts of American 

3 Samoa with respect to appeals, certiorari, removal of 

4 causes, the issuance of writs of habeas corpus, and other 

5 matters or proceedings shall be governed by the laws of 

6 the United States pertaining to the relations between the 

7 courts of the United States, including the Supreme Court 

8 of the United States, and the courts of the several States 

9 in such matters and proceedings. 

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

11 MARSHAL. 

12 (a) APPOINTMENT OF JUDGE.—The President shall, 

13 by and with the advice and consent of the Senate, appoint 

14 a judge for the Federal District Court of American 

15 Samoa, who shall hold office for the term of 10 years and 

16 until his or her successor is chosen and qualified, unless 

17 sooner removed by the President for cause. The judge 

18 shall receive a salary payable by the United States which 

19 shall be at the rate prescribed for judges of the United 

20 States district courts. 

21 (b) TEMPORARY ASSIGNMENTS.—The Chief Judge of 

22 the Ninth Judicial Circuit of the United States may assign 

23 a judge of a local court of record in American Samoa, a 

24 circuit or district judge of the ninth judicial circuit, or a 

25 recalled senior judge of the United States District Court 
4 

•HR 4711 IH 

1 for the District of Hawaii, or the Chief Justice of the 

2 United States may assign any other United States circuit 

3 or district judge, with the consent of the judge so assigned 

4 and of the chief judge of that circuit, to serve temporarily 

5 as a judge in the Federal District Court of American 

6 Samoa whenever such an assignment is for the proper con7 duct, administration, and necessary business of the court. 

8 (c) U.S. ATTORNEY AND U.S. MARSHAL.—The 

9 President shall appoint, by and with the advice and con10 sent of the Senate, a United States attorney and United 

11 States marshal for American Samoa to whose offices the 

12 provisions of chapters 35 and 37 of title 28, United States 

13 Code, respectively, shall apply. 

14 SEC. 4. RULES OF PRACTICE AND PROCEDURE. 

15 Where appropriate, the rules of practice and proce16 dure promulgated and made effective by the Congress or 

17 the Supreme Court of the United States pursuant to titles 

18 11, 18, and 28, United States Code, shall apply to the 

19 Federal District Court of American Samoa and appeals 

20 therefrom; except that the terms ‘‘Attorney for the govern21 ment’’ and ‘‘United States Attorney,’’ as used in the Fed22 eral Rules of Criminal Procedure, shall, when applicable, 

23 include the Attorney General of American Samoa or such 

24 other person or persons as may be authorized by the laws 

25 of American Samoa to act therein. 
5 

•HR 4711 IH 

1 SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) APPEALS.—The item relating to the Ninth Cir3 cuit in the table contained in section 41 of title 28, United 

4 States Code, is amended by inserting ‘‘American Samoa,’’ 

5 after ‘‘Guam,’’. 

6 (b) RETIREMENT AND SURVIVORS’ ANNUITIES.— 

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

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

9 and (e) by inserting ‘‘, the Federal District Court of 

10 American Samoa,’’ after ‘‘the District Court of 

11 Guam,’’. 

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

13 title 28, United States Code, is amended in para14 graphs (1)(B) and (2)(B) by inserting ‘‘the Federal 

15 District Court of American Samoa,’’ after ‘‘the Dis16 trict Court of Guam,’’. 

17 (c) U.S. TRUSTEE.—Section 581(a)(15) of title 28, 

18 United States Code, is amended by inserting ‘‘, American 

19 Samoa,’’ after ‘‘Guam’’. 

20 (d) COURTS DEFINED.—Section 610 of title 28, 

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

22 States District Court for the District of the Canal Zone’’ 

23 and inserting ‘‘the Federal District Court of American 

24 Samoa’’. 

25 (e) MAGISTRATE JUDGES.—Section 631(a) of title 

26 28, United States Code, is amended— 
6 

•HR 4711 IH 

1 (1) in the first sentence, by inserting ‘‘, the 

2 Federal District Court of American Samoa,’’ after 

3 ‘‘United States district court’’; and 

4 (2) in the second sentence, by inserting ‘‘Amer5 ican Samoa,’’ after ‘‘Guam,’’. 

6 (f) COURT REPORTERS.—The first paragraph of sec7 tion 753(a) of title 28, United States Code, is amended— 

8 (1) by striking ‘‘the United States District 

9 Court for the District of the Canal Zone,’’; and 

10 (2) by inserting ‘‘the Federal District Court of 

11 American Samoa,’’ after ‘‘the District Court of 

12 Guam,’’. 

13 (g) COURTS OF APPEALS.—Section 1291 of title 28, 

14 United States Code, is amended— 

15 (1) by striking ‘‘, the United States District 

16 Court for the District of the Canal Zone,’’; and 

17 (2) by inserting ‘‘the Federal District Court of 

18 American Samoa,’’ after ‘‘the District Court of 

19 Guam,’’. 

20 (h) INTERLOCUTORY DECISIONS.—Section 1292 of 

21 title 28, United States Code, is amended— 

22 (1) in subsection (a)(1)— 

23 (A) by striking ‘‘the United States District 

24 Court for the District of the Canal Zone,’’; and 
7 

•HR 4711 IH 

1 (B) by inserting ‘‘the Federal District 

2 Court of American Samoa,’’ after ‘‘the District 

3 Court of Guam,’’; and 

4 (2) in subsection (d)(4)(A), by inserting ‘‘the 

5 Federal District Court of American Samoa,’’ after 

6 ‘‘the District Court of Guam,’’. 

7 (i) CIRCUITS IN WHICH DECISIONS REVIEWABLE.— 

8 Section 1294 of title 28, United States Code, is amend9 ed— 

10 (1) by striking paragraph (2) and redesignating 

11 paragraphs (3) and (4) as paragraphs (2) and (3), 

12 respectively; and 

13 (2) in paragraph (3), as so redesignated, by in14 serting ‘‘or the Federal District Court of American 

15 Samoa’’ after ‘‘Guam’’. 

16 (j) COURT OF APPEALS FOR THE FEDERAL CIR17 CUIT.—Section 1295(a) of title 28, United States Code, 

18 is amended in paragraphs (1) and (2)— 

19 (1) by striking ‘‘the United States District 

20 Court for the District of the Canal Zone’’; and 

21 (2) by inserting ‘‘the Federal District Court of 

22 American Samoa,’’ after ‘‘the District Court of 

23 Guam,’’. 

24 (k) REPRESENTATION OF CERTAIN DEFENDANTS.— 

25 Section 3006A(j) of title 18, United States Code, is 
8 

•HR 4711 IH 

1 amended by inserting ‘‘the Federal District Court of 

2 American Samoa,’’ after ‘‘the District Court of the North3 ern Mariana Islands,’’. 

4 SEC. 6. DEFINITION. 

5 For purposes of this Act, the term ‘‘American 

6 Samoa’’ includes Swains Island and Rose Island. 

7 SEC. 7. EFFECTIVE DATE. 

8 This Act and the amendments made by this Act shall 

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

10 the date of the enactment of this Act. 

Æ