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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Judicial District of 
the Virgin Islands Act of 2005’’. 
SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIR-
GIN ISLANDS AS AN ARTICLE III COURT. 
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Chapter 5 of title 28, United 
States Code, is amended by inserting after section 
126 the following new section: 
‘‘§ 126A. Virgin Islands 
‘‘The Virgin Islands constitutes one judicial district 
comprising two divisions. 
‘‘(1) The Saint Croix Division comprises the Is-
land of Saint Croix and adjacent islands and cays. 
‘‘Court for the Saint Croix Division shall be 
held at Christiansted. 
‘‘(2) The Saint Thomas and Saint John Divi-
sion comprises the Islands of Saint Thomas and 
Saint John and adjacent islands and cays. 
‘‘Court for the Saint Thomas and Saint John 
Division shall be held at Charlotte-Amalie.’’. 
(2) CONFORMING AMENDMENT.—The table of 
contents for chapter 5 of title 28, United States 
Code, is amended by inserting after the item relating 
to section 126 the following:
‘‘126A. Virgin Islands.’’.
(3) NUMBER OF JUDGES.—The table contained 
in section 133(a) of title 28, United States Code, is 
amended by inserting after the item relating to 
Vermont the following:
‘‘Virgin Islands ..........................................................................................
2’’.
(b) REVISED ORGANIC ACT
OF
THE VIRGIN IS-
LANDS.—
(1) REPEALS.—Sections 25, 26, and 27 of the 
Revised Organic Act of the Virgin Islands (48 
U.S.C. 1615, 1616, and 1617) are repealed. 
(2) BILL OF RIGHTS.—Section 3 of the Revised 
Organic Act of the Virgin Islands (48 U.S.C. 1561) 
is amended in the 23d undesignated paragraph—
(A) by inserting ‘‘article III;’’ after ‘‘sec-
tion 9, clauses 2 and 3;’’; and 
(B) by striking ‘‘: Provided, however’’ and 
all that follows through the end of the para-
graph and inserting the following: ‘‘; except 
that all offenses under the laws of the Virgin 
Islands which are prosecuted in the courts es-
tablished by local law shall continue to be pros-
ecuted by information, except those that are re-
quired by local law to be prosecuted by indict-
ment by grand jury.’’. 
(3) JURISDICTION OF LOCAL COURTS.—Section 
21 of the Revised Organic Act of the Virgin Islands 
(48 U.S.C. 1611) is amended to read as follows:
‘‘SEC. 21. JURISDICTION OF COURTS OF THE VIRGIN IS-
LANDS. 
‘‘(a) JURISDICTION OF THE COURTS OF THE VIRGIN 
ISLANDS.—The judicial power of the Virgin Islands shall 
be vested in such appellate court and lower local courts 
as may have been or may hereafter be established by local 
law. The courts of the Virgin Islands established by local 
law shall have jurisdiction over all causes of action in the 
Virgin Islands over which any court established by the 
Constitution and laws of the United States does not have 
exclusive jurisdiction. 
‘‘(b) PRACTICE AND PROCEDURE.—The rules gov-
erning the practice and procedure of the courts established 
by local law and those prescribing the qualifications and 
duties of the judges and officers thereof, oaths and bonds, 
and the times and places of holding court shall be gov-
erned by local law or the rules promulgated by those 
courts.’’. 
(4) JURISDICTION
OVER
CRIMINAL
MATTERS 
AND INCOME TAX.—Section 22 of the Revised Or-
ganic Act of the Virgin Islands (48 U.S.C. 1612) is 
amended to read as follows: 
‘‘SEC. 22. JURISDICTION OVER INCOME TAX. 
‘‘The United States District Court for the District 
of the Virgin Islands shall have exclusive jurisdiction over 
all criminal and civil proceedings in the Virgin Islands
with respect to the income tax laws applicable to the Vir-
gin Islands, regardless of the degree of the offense or of 
the amount involved, except the ancillary laws relating to 
the income tax enacted by the legislature of the Virgin 
Islands. Any act or failure to act with respect to the in-
come tax laws applicable to the Virgin Islands which would 
constitute a criminal offense described in chapter 75 of 
the Internal Revenue Code of 1986 shall constitute an of-
fense against the government of the Virgin Islands and 
may be prosecuted in the name of the government of the 
Virgin Islands by appropriate officers thereof in the 
United States District Court for the District of the Virgin 
Islands without the request or consent of the United 
States attorney for the Virgin Islands.’’. 
(5) RELATIONS
BETWEEN
UNITED
STATES 
COURTS AND LOCAL COURTS.—Section 23 of the Re-
vised Organic Act of the Virgin Islands (48 U.S.C. 
1613) is amended to read as follows: 
‘‘SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED 
STATES AND LOCAL COURTS. 
‘‘(a) IN GENERAL.—The relations between the courts 
established by the Constitution or laws of the United 
States (including the United States District Court for the 
District of the Virgin Islands) and the courts established 
by local law with respect to appeals, certiorari, removal
of causes, the issuance of writs of habeas corpus, and 
other matters or proceedings shall be governed by the laws 
of the United States pertaining to the relations between 
the courts of the United States, including the Supreme 
Court of the United States, and the courts of the several 
States in such matters and proceedings, except that for 
the first 15 years following the establishment of the appel-
late court authorized by section 21(a) of this Act, the 
United States Court of Appeals for the Third Circuit shall 
have jurisdiction to review by writ of certiorari all final 
decisions of the highest court of the Virgin Islands from 
which a decision could be had. 
‘‘(b) REPORTS TO CONGRESS.—The Judicial Council 
of the Third Circuit shall submit reports to the Committee 
on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives 
at intervals of 5 years following the establishment of the 
appellate court authorized by section 21(a) of this Act as 
to whether that court has developed sufficient institutional 
traditions to justify direct review by the Supreme Court 
of the United States from all final decisions of the highest 
court of the Virgin Islands. 
‘‘(c) RULES.—The United States Court of Appeals 
for the Third Circuit shall have jurisdiction to promulgate
rules necessary to carry out the provisions of this sec-
tion.’’. 
(6) APPELLATE
JURISDICTION
OF
DISTRICT 
COURT.—Section 23A of the Revised Organic Act of 
the Virgin Islands (48 U.S.C. 1613a) is amended by 
striking ‘‘District Court of the Virgin Islands’’ each 
place it appears and inserting ‘‘United States Dis-
trict Court for the District of the Virgin Islands’’. 
(7) ASSIGNMENT OF ADDITIONAL JUDGES TO 
THE COURT.—Section 24 of the Revised Organic Act 
of the Virgin Islands (48 U.S.C. 1614) is amended 
to read as follows: 
‘‘SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE 
COURT. 
‘‘Whenever it appears to be necessary for the proper 
dispatch of the business of the United States District 
Court for the District of the Virgin Islands—
‘‘(1) the chief judge of the Third Judicial Cir-
cuit of the United States may assign—
‘‘(A) a judge of a court of record of the 
Virgin Islands established by local law, 
‘‘(B) a circuit or district judge of the 
Third Judicial Circuit, or 
‘‘(C) a recalled senior judge of the District 
Court of the Virgin Islands, or
‘‘(2) the Chief Justice of the United States may 
assign any other United States circuit or district 
judge, with the consent of that judge and the chief 
judge of the circuit from which the judge is as-
signed, 
to serve temporarily as a judge of the United States Dis-
trict Court for the District of the Virgin Islands. After 
the establishment of the appellate court authorized by sec-
tion 21(a) of this Act, no judge described in paragraph 
(1)(A) may be assigned to the district court under this 
section.’’. 
(c) PLEADINGS AND PROCEEDINGS IN ENGLISH.—
All pleadings and proceedings in the United States Dis-
trict Court for the District of the Virgin Islands shall be 
conducted in the English language. 
(d) SAVINGS PROVISIONS.—
(1) PENDING CASES.—With respect to any com-
plaint or proceeding pending in the District Court of 
the Virgin Islands on the day before the effective 
date of this Act, such complaint or proceeding may, 
on and after such effective date, be pursued to final 
determination in the United States District Court 
for the District of the Virgin Islands, the United 
States Court of Appeals for the Third Circuit, and 
the United States Supreme Court.
(2) EXISTING OFFICERS OF THE COURT.—Any 
individual who, on the effective date of this Act, is 
serving as the United States Attorney for the Virgin 
Islands, or the United States marshal for the Virgin 
Islands, may continue in such office until a suc-
cessor is appointed pursuant to the provisions of 
title 28, United States Code. 
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) JUDICIAL COMPARISONS.—Section 333 of title 
28, United States Code, is amended by striking ‘‘, the Dis-
trict Court of the Virgin Islands,’’. 
(b) RETIREMENT AND SURVIVORS’ ANNUITIES.—
(1) RETIREMENT.—Section 373 of title 28, 
United States Code, is amended in subsections (a) 
and (e) by striking ‘‘, the District Court of the 
Northern Mariana Islands, or the District Court of 
the Virgin Islands’’ and inserting ‘‘or the District 
Court of the Northern Mariana Islands’’. 
(2) SURVIVORS’ ANNUITIES.—Section 376(a) of 
title 28, United States Code, is amended in para-
graphs (1)(B) and (2)(B) by inserting ‘‘(as in effect 
before the effective date of the Judicial District of 
the Virgin Islands Act of 2005)’’ after ‘‘the District 
Court of the Virgin Islands’’.
(3) CALCULATION OF SERVICE AS A JUDGE.—
In the case of a judge of a district court retiring 
under section 371 of title 28, United States Code, 
after the effective date of this Act, service by the 
judge as a judge of the District Court of the Virgin 
Islands before the effective date of this Act shall be 
included in calculating service under section 371(c) 
of such title. 
(4) RIGHTS OF EXISTING RETIREES NOT AF-
FECTED.—Nothing in this Act shall be construed to 
affect the rights of any judge who has retired as a 
judge of the District Court of the Virgin Islands be-
fore the effective date of this Act. 
(c) COURTS DEFINED.—Section 610 of title 28, 
United States Code, is amended by striking ‘‘the United 
States District Court for the District, the Canal Zone,’’ 
and by striking ‘‘the District Court of the Virgin Is-
lands,’’. 
(d) MAGISTRATE JUDGES.—Section 631(a) of title 
28, United States Code, is amended—
(1) in the first sentence, by striking ‘‘Virgin Is-
lands, Guam, and’’ and inserting ‘‘Guam and’’; and 
(2) in the second sentence, by striking ‘‘Virgin 
Islands, Guam, or’’ and inserting ‘‘Guam or’’.
(e) INVESTIGATIONS BY ATTORNEY GENERAL.—Sec-
tion 526(a)(2) of title 28, United States Code, is amended 
by striking ‘‘and of the district court of the Virgin Is-
lands’’. 
(f) COURTS OF APPEALS.—
(1) Section 1291 of title 28, United States 
Code, is amended by striking ‘‘, the United States 
District Court for the District of the Canal Zone,’’ 
and all that follows through ‘‘Virgin Islands’’ and in-
serting ‘‘and the District Court of Guam’’. 
(2) Section 1292 of title 28, United States 
Code, is amended—
(A) in subsection (a)(1), by striking ‘‘, the 
United States District Court for the District of 
the Canal Zone’’ and all that follows through 
‘‘Virgin Islands,’’ and inserting ‘‘and the Dis-
trict Court of Guam,’’; and 
(B) in subsection (d)(4)(A), by striking 
‘‘the District Court of the Virgin Islands,’’. 
(3) Section 1294 of title 28, United States 
Code, is amended by striking paragraphs (2) and (3) 
and redesignating paragraph (4) as paragraph (2). 
(g) COURT OF APPEALS FOR THE FEDERAL CIR-
CUIT.—Section 1295(a) of title 28, United States Code, 
is amended in paragraphs (1) and (2) by striking ‘‘the
United States District Court for the District of the Canal 
Zone’’ and all that follows through ‘‘Virgin Islands,’’ and 
inserting ‘‘the District Court of Guam,’’. 
(h) FEDERAL TORT CLAIMS.—Section 1346(b)(1) of 
title 28, United States Code, is amended by striking ‘‘, 
together with’’ and all that follows through ‘‘Virgin Is-
lands,’’. 
(i) COURT REPORTERS.—Section 753(a) of title 28, 
United States Code, is amended in the first paragraph by 
striking ‘‘, the United States District Court for the Dis-
trict of the Canal Zone’’ and all that follows through ‘‘Vir-
gin Islands’’ and inserting ‘‘and the District Court of 
Guam’’. 
(j) REPRESENTATION OF CERTAIN DEFENDANTS.— 
Section 3006A(j) of title 18, United States Code, is 
amended by striking ‘‘the District Court of the Virgin Is-
lands,’’. 
(k) VENUE.—Sections 1404(d) and 1406(c) of title 
28, United States Code, are each amended by striking ‘‘, 
the District Court for the Northern Mariana Islands, and 
the District Court of the Virgin Islands,’’ and inserting 
‘‘and the District Court for the Northern Mariana Is-
lands,’’. 
(l) BANKRUPTCY JUDGES.—The table contained in 
section 152(a)(2) of title 28, United States Code, is
amended by inserting after the item relating to Vermont 
the following new item:
‘‘Virgin Islands ..........................................................................................
2’’.
(m) OTHER TITLE 18 AMENDMENTS.—(1) Section 
23 of title 18, United States Code, is amended—
(A) by striking ‘‘Guam, the’’ and inserting 
‘‘Guam and’’; and 
(B) by striking ‘‘, and the District Court of the 
Virgin Islands’’. 
(2) Section 6001(4) of title 18, United States Code, 
is amended by striking ‘‘the District Court of the Virgin 
Islands,’’. 
SEC. 4. ADDITIONAL REFERENCES. 
Any reference in any provision of law to the District 
Court of the Virgin Islands shall, after the effective date 
of this Act, be deemed to be a reference to the United 
States District Court for the District of the Virgin Is-
lands. 
SEC. 5. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect at the end of the 90-day period beginning on 
the date of the enactment of this Act.
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