I 

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. 

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

3 SECTION 1. FINDINGS. 

4 The Congress finds the following: 

5 (1) The political relationship between the 

6 United States Territory of American Samoa and the 

7 United States is embodied in two separate treaties 

8 of cessions: one that was signed on April 17, 1900, 

9 between the traditional leaders of the Islands of 

10 Tutuila and Aunu’u and the United States; and anVerDate Nov 24 2008 03:18 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2789.IH H2789

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1 other that was signed on July 16, 1904, between the 

2 traditional leaders of Manu’a and the United States. 

3 (2) The Act of February 20, 1929 (48 U.S.C. 

4 1661), whereby Congress officially ratified the two 

5 treaties of cessions, stipulates, in subsection (c), that 

6 ‘‘Until Congress shall provide for the government of 

7 such islands, all civil, judicial, and military powers 

8 shall be vested in such person or persons and shall 

9 be exercised in such manner as the President of the 

10 United States shall direct; and the President shall 

11 have power to remove said officers and fill the va12 cancies so occasioned.’’ On June 29, 1951, by Exec13 utive Order No. 10264, President Harry S. Truman 

14 transferred the administration of American Samoa 

15 from the Secretary of the Navy to the Secretary of 

16 the Interior. 

17 (3) In accordance with article IV, section 3, 

18 clause 2 of the United States Constitution, and pur19 suant to subsection (c) of the Act of February 20, 

20 1929 (48 U.S.C. 1661(c)), Congress hereby author21 izes additional jurisdiction to be exercised by the 

22 High Court of American Samoa under this Act. 


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1 SEC. 2. FEDERAL JURISDICTION AND ADMINISTRATIVE DU2 TIES OF HIGH COURT OF AMERICAN SAMOA. 

3 (a) ADDITIONAL JURISDICTION.—The High Court of 

4 American Samoa shall have jurisdiction over any criminal 

5 case arising under any law of the United States applicable 

6 to American Samoa in which a defendant who is accused 

7 of the criminal violation resides in American Samoa and 

8 the violation occurred in the territory of American Samoa. 

9 (b) APPEALS.— 

10 (1) INITIAL APPEAL.—A decision of the High 

11 Court of American Samoa under subsection (a) may 

12 be appealed to the Appellate Division of the High 

13 Court of American Samoa not later than 60 days 

14 after the date of the decision of the High Court. 

15 (2) APPEAL TO U.S. DISTRICT COURT.—A deci16 sion of the Appellate Division of the High Court of 

17 American Samoa under paragraph (1) may be ap18 pealed to the United States District Court for the 

19 District of Hawaii not later than 60 days after the 

20 date of the decision of the Appellate Division. 

21 (3) FURTHER APPEALS.—A decision of the 

22 United States District Court for the District of Ha23 waii may be appealed as provided in title 28, United 

24 States Code. 

25 (c) ADMINISTRATIVE DUTIES.—The Chief Justice of 

26 the High Court of American Samoa, or the assignee of 


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1 the Chief Justice, shall administer all matters pertaining 

2 to the justices and judges of the courts of American 

3 Samoa, and to the clerks and other administrative staff 

4 of such courts. 

5 (d) ADDITIONAL JUSTICES.— 

6 (1) APPOINTMENT.—The Secretary of the Inte7 rior shall appoint 2 or more justices to the High 

8 Court of American Samoa as needed. 

9 (2) QUALIFICATIONS.—In appointing individ10 uals under paragraph (1), the Secretary shall con11 sider, in addition to the legal training of the individ12 uals, such individuals’ knowledge of the traditional 

13 and customary laws of American Samoa. 

14 (e) SPECIAL PROSECUTOR.—The Secretary of the In15 terior shall appoint a special prosecutor for American 

16 Samoa, whose responsibility shall be to prosecute all crimi17 nal violations of laws of the United States over which the 

18 High Court of American Samoa has jurisdiction under 

19 subsection (a), pursuant to applicable local procedures of 

20 the High Court of American Samoa. In appointing an in21 dividual to such office, the Secretary shall consider, in ad22 dition to the individual’s legal training, such individual’s 

23 knowledge of the traditional and customary laws of Amer24 ican Samoa. 


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1 SEC. 3. EFFECTIVE DATE; NEEDS ASSESSMENT. 

2 (a) EFFECTIVE DATE.—Subject to subsection (b), 

3 this Act shall take effect upon the expiration of the 120- 

4 day period beginning on the date of the enactment of this 

5 Act. 

6 (b) NEEDS ASSESSMENT.—The Secretary of the In7 terior and the Attorney General of the United States, in 

8 consultation with the Chief Justice of the High Court of 

9 American Samoa, the Governor of American Samoa, and 

10 the President of the Senate and the Speaker of the House 

11 of Representatives of American Samoa, shall, by not later 

12 than 90 days after the date of the enactment of this Act, 

13 assess the increase in staffing and administrative costs re14 quired by reason of this Act. 

15 SEC. 4. REPORT TO CONGRESS. 

16 The Secretary of the Interior shall, not later than 1 

17 year after the date of the enactment of this Act, submit 

18 to the Congress a report on the implementation of this 

19 Act. 

20 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated to the Sec22 retary of the Interior $2,000,000 to carry out this Act. 

Æ 


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