I
106TH CONGRESS
1ST SESSION
H. R. 2011
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
JUNE 7, 1999
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 1999’’.
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U.S.C. 1615, 1616, and 1617) are repealed.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 trial or appellate courts as may have
been or may hereafter be established by local law. The
local courts of the Virgin Islands 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 CRIMINAL MATTERS AND IN-
COME TAX.
‘‘(a) JURISDICTION OVER CRIMINAL MATTERS.—
Nothing in this title shall be contrued to remove or impair
the jurisdiction of the courts of the Virgin Islands under
the laws thereof.
‘‘(b) JURISDICTION OVER INCOME TAX MATTERS.—
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 Virgin
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 income tax
laws applicable to the Virgin Islands which would con-
stitute a criminal offense described in chapter 75 of sub-
title F of the Internal Revenue Code of 1986 shall con-
stitute an offense against the government of the Virgin
Islands and may be prosecuted in the name of the govern-
ment 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. 1613) 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) 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