A bill to enhance the economic development of Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands and for other purposes.
PL 98-454 (H.R.5561), enacted 10/05/1984

98 STAT. 1732 
PUBLIC LAW 98-454—OCT. 5, 1984 
Public Law 98-454 
98th Congress 
An Act 
Oct. 5, 1984 
To enhance the economic development of Guam, the Virgin Islands, American 
[H.R. 5561] 
Samoa, the Northern Mariana Islands, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE! 
Appropriation 
SEC. 101. From the sums authorized to be appropriated to the 
authorization. 
Secretary of the Interior for technical assistance to the territories 
there may be appropriated not to exceed $2,000,000 for each of fiscal 
years 1985,1986, and 1987 for technical assistance (including but not 
limited to management, marketing, and finance) in developing pri-
vate enterprises in Guam, the Virgin Islands, American Samoa, and 
the Northern Mariana Islands. 
Report. 
SEC. 102. The Secretary of the Interior is authorized and directed 
to report to the Committee on Interior and Insular Affairs of the 
House of Representatives and to the Committee on Energy and 
Natural Resources of the Senate not later than Janaury 1 of fiscal 
years 1985, 1986, and 1987 on the executive branch's efforts regard-
ing and recommendations for developing private enterprises in 
Guam, the Virgin Islands, American Samoa, and the Northern 
Mariana Islands. 
TITLE II 
SEC. 201. (a) Subsection Ot)) of section 8 of the Revised Organic Act 
of the Virgin Islands (48 U.S.C. 1574) is amended— 
(1) by striking out "shall be sold at public sale and" in the 
fourth sentence of paragraph (i), and 
Taxes. 
(2) by adding at the end thereof the following new paragraph: 
"(iii)(A) The legislature of the government of the Virgin 
Islands may cause to be issued after September 30, 1984, 
industrial development bonds (within the meaning of sec-
26 use 103. 
tion 1030))(2) of the Internal Revenue Code of 1954). 
"(B) Except as provided in subparagraph (C), any obliga-
tion issued under subparagraph (A) and the income from 
such obligation shall be exempt from all State and local 
taxation in effect on or after October 1,1984. 
Prohibition. 
"(C) Any obligation issued under subparagraph (A) shall 
not be exempt from State or local gift, estate, inheritance, 
legacy, succession, or other wealth transfer taxes. 
"(D) For purposes of this paragraph— 
"(I) The term 
'State' includes the District of 
Columbia. 
"(II) The taxes imposed by counties, municipalities, 
or any territory, dependency, or possession of the 
United States shall be treated as local taxes. 
PUBLIC LAW 98-454—OCT. 5, 1984 
98 STAT. 1733 
"(E) For exclusion of interest for purposes of Federal 
income taxation, see section 103 of the Internal Revenue 
Code of 1954.". 
26 use 103. 
SEC. 202. (a) The legislature of the government of American 
48 use 1670. 
Samoa may cause to be issued after September 20, 1984, industrial 
development bonds (within the meaning of section 103(b)(2) of the 
Internal Revenue Code of 1954). 
(b)(1) Except as provided in paragraph (2), any obligation shall be 
Taxes. 
exempt from all State and local taxation in effect on or after 
October 1,1984. 
(2) Any obligation issued under subsection (a) shall not be exempt 
Prohibition. 
from State or local gift, estate, inheritance, legacy, succession, or 
other wealth transfer taxes. 
(3) For purposes of this subsection— 
(A) The term "State" includes the District of Columbia. 
(B) The t£ixes imposed by counties, municipalities, or any 
territory, dependency, or possession of the United States shall 
be treated as local taxes. 
(c) For exclusion of interest for purposes of Federal income tax-
ation, see section 103 of the Internal Revenue Code of 1954. 
SEC. 203. Section 11 of the Organic Act of Guam (64 Stat. 387, 48 
U.S.C. 1423a), as amended, is amended by inserting, immediately 
before the sentence that begins with the words "Should the Guam 
Power Authority fail to pay", the following language: "At the 
request of the Board of Directors of the Guam Power Authority for a 
second refinancing agreement and conditioned on the approval of 
the Government of Guam pursuant to the law of Guam, and condi-
tioned on the establishment of an independent rate-making author-
ity by the Government of Guam, the Secretary may guarantee for 
purchase by the Federal Financing Bank, on or before December 31, 
1984, according to an agreement that shall provide for— 
"(a) substantially equal semiannual installments of principal 
and interest; 
"(b) maturity of obligations no later than December 31, 2004; 
"(c) authority for the Secretary, should there be a violation of 
a provision of this legislation, or covenants or stipulations 
contained in the refinancing document and after giving sixty 
days notice of such violation to the Guam Power Authority and 
the Governor of Guam, to dismiss members of the Board of 
Directors or the general manager of the Guam Power Author-
ity, and (1) appoint in their place members or a general man-
ager who shall serve at the pleasure of the Secretary, or (2) 
contract for the management of the Guam Power Authority; 
and 
"(d) an annual simple interest rate of seven per centum; and 
the Federal Financing Bank shall purchase such Guam Power 
Authority obligations if such Guam Power Authority obliga-
tions are issued to refinance the principal amount scheduled to 
mature on December 31, 1990. Should such second refinancing 
occur, (1) the independent rate-making authority to be estab-
lished by the Government of Guam, or in its absence, the Board 
of Directors of the Guam Power Authority, shall establish rates 
sufficient to satisfy all financial obligations and future capital 
investment needs of the Guam Power Authority that shall be 
consistent with generally accepted rate-making practices of 
public utilities, and (2) the Government of Guam shall not 
modify the requirements of such refinancing agreement without 
98 STAT. 1734 
PUBLIC LAW 98-454—OCT. 5, 1984 
Appropriation 
authorizations. 
12 u s e 2285. 
26 u s e 103A 
note. 
26 u s e 103A. 
agreement of the Secretary. There are authorized to be appro-
priated to the Secretary of the Interior for payment to the 
Federal Financing Bank such sums as are necessary to pay (1) 
the repurchase payment required under the fifth paragraph of 
the December 31, 1980, note from the Guam Power Authority to 
the Federal Financing Bank and any subsequent repurchase 
payments required under the second refinancing agreement, 
and (2) the interest rate differential between the seyen per cen-
tum to be paid by the Guam Power Authority and the second 
refinancing agreement and the interest rate that would other-
wise be determined in accordance with the above cited section 6 
of the Federal Financing Bank Act.". 
SEC. 204. (a) The Governor of any possession of the United States 
may for calendar years 1984 and 1985 proclaim a formula (different 
from that provided by section 103A(g) of the Internal Revenue Code 
of 1954) for allocating the State ceiling under such section among 
the governmental units in such possession having authority to issue 
qualified mortgage bonds (as defined in section 103A(c) of such 
Code). 
(b) The authority provided by subsection (a) shall not apply after 
the effective date of any legislation with respect to the allocation of 
the State ceiling enacted by the legislature of the possession after 
the date of the enactment of this Act. 
97 Stat. 501. 
Fish and fishing. 
Vessels. 
97 Stat. 586. 
Fish and fishing. 
Vessels. 
97 Stat. 587. 
Vessels. 
46 u s e app. 
46 u s e 12101 
et seq. 
TITLE III 
SEC. 301. Title 46, United States Code, is amended— 
(a) in section 2101 add a new paragraph (3a) to read as follows: 
"(3a) 'citizen of the United States' means a national of the 
United States as defined in section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22)) or an individual citi-
zen of the Trust Territory of the Pacific Islands who is exclu-
sively domiciled in the Northern Mariana Islands within the 
meaning of section 1005(e) of the Covenant to establish a Com-
monwealth of the Northern Mariana Islands in Political Union 
with the United States of America (48 U.S.C. 1681 note)."; 
(b) in section 12106 add the following at the end: 
"(c) A coastwise license to engage in the coastwise trade of fish-
eries products between places in Guam, American Samoa, and the 
Northern Mariana Islands may be issued for a vessel that— 
"(1) is less than two hundred gross tons; 
"(2) was not built in the United States; 
"(3) is eligible for documentation; and 
"(4) otherwise qualifies under the laws of the United States to 
be employed in the coastwide trade."; and 
(c) in section 12108 add the following at the end: 
"(c) A fishery license to engage in fishing in the territorial sea and 
fishery conservation zone adjacent to Guam, American Samoa, and 
the Northern Mariana Islands may be issued to a vessel that— 
"(1) is less than two hundred gross tons; 
"(2) was not built in the United States; 
"(3) is eligible for documentation; and 
"(4) otherwise qualifies under the laws of the United States to 
be employed in the fisheries.". 
SEC. 302. A vessel that is or was last documented under chapter 
121 of title 46, United States Code, may be sold, chartered, leased, 
mortgaged, or transferred by any other means to a citizen of the 
PUBLIC LAW 98-454—OCT. 5, 1984 
98 STAT. 1735 
United States (as defined in section 2101 of that title) without the 
approval of the Secretary of Transportation under section 9 of the 
Shipping Act, 1916 (46 App. U.S.C. 808). 
SEC. 303. The weight limitations contained in subsections (b) and 
(c) of section 301 above shall not apply to the Northern Mariana 
Islands until the termination of the Trusteeship Agreement for the 
Trust Territory of the Pacific Islands (61 Stat. 3301). 
97 Stat. 501. 
46 u s e 808. 
46 u s e 12106 
note. 
Ante, p. 1734. 
TITLE IV 
SEC. 401. To further the rehabilitation, upgrading, and construc-
tion of public facilities in the territories of the United States— 
(a) Section 1(a)(1) of the Act of August 18, 1978 (92 Stat. 487), as 
amended, is further amended by adding "effective October 1, 1985, 
$16,300,000," before the words "such sums". 
(b)(1) There are authorized to be appropriated $600,000 in fiscal 
year 1985 (to remain available until expended) to the Secretary of 
the Interior who, in consultation with and with the assistance of the 
Secretary of Transportation, shall use said funds exclusively for 
planning improvements for the Alexander Hamilton Airport in St. 
Croix, Virgin Islands. 
(2) Section 303 of the Act of October 19, 1982 (96 Stat. 1705), as 
amended, is further amended by inserting after "water and power" 
the words "and improvements for the Alexander Hamilton Airport 
in St. Croix, Virgin Islands". 
(c) The Secretary of the Interior is authorized and directed, in 
consultation with and with the assistance of the Secretary of Hous-
ing and Urban Development, to study the desirability and feasibility 
of initiating a program for the development of housing in American 
Samoa and including the territory in existing Federal housing 
programs and to submit such recommendations (such recommenda-
tions to include, but are not limited to, any changes or modifications 
which would be necessary to such existing Federal housing pro-
grams to adapt them to the culture and traditions of American 
Samoa) as he may deem appropriate to the Committee on Interior 
and Insular Affairs of the House of Representatives and to the 
Committee on Energy and Natural Resources of the Senate of the 
United States within one year of the date of enactment of this Act. 
(d) There are authorized to be appropriated $15,000,000 in fiscal 
year 1986 (to remain available until expended) to the Secretary of 
the Interior for grants to the government of Northern Mariana 
Islands for improvements in the production and distribution of 
water. 
TITLE V 
SEC. 501. There is hereby conveyed, without consideration, to the 
Frederick Lutheran Church of Charlotte Amalie, St. Thomas, Virgin 
Islands, all of the right, title, and interest of the United States in 
and to parcel numbered 9F, Estate Hospital Ground, Numbered 9 
New Quarter, St. Thomas, Virgin Islands (known as Ebenezer 
Home), and improvements thereof. 
SEC. 502. Section 11 of the Revised Organic Act of the Virgin 
Islands, as amended, is further amended by striking the words "St. 
Croix, free of rent" and inserting in lieu thereof "Saint Croix, which 
house, together with land appurtenant thereto is also transferred to 
the government of the Virgin Islands". 
Effective date. 
Appropriation 
authorization. 
Housing. 
Appropriation 
authorization. 
Gifts and 
property. 
Gifts and 
property. 
48 u s e 1591. 
98 STAT. 1736 
PUBLIC LAW 98-454—OCT. 5, 1984 
Energy. 
Loans. 
94 Stat. 1782. 
Study. 
SEC. 503. The Department of the Army may remove from Ameri-
can Samoa any of the 4500 kilowatt power plants sent to American 
Samoa pursuant to the 1974 loan agreement between the Depart-
ment of the Army and the Department of the Interior, and all 
charges that may accrue or may have accrued under such agree-
ment shall be excused. 
SEC. 504. Section 818(b)(2) of the Military Construction Authoriza-
tion Act, 1981 (Public Law 96-418) is amended by adding at the end 
thereof the following: "Reasonable development costs shall be a 
fixed standard percentage of such monetary consideration received 
by the Government of Guam. The fixed standard percentage shall be 
determined by a study, conducted by the Secretary, typical develop-
ment costs required to convert comparable lands to finished devel-
oped sites, except that such percentage shall not exceed 30 percent.". 
16 use 2512. 
48 use 1469a. 
42 use 5318. 
16 use 590q. 
42 use 6371, 
6371g. 
TITLE VI 
SEC. 601. To rationalize the application of certain statutes so that 
the development of the territories of the United States is 
facilitated— 
(a) section 1013 of the Act of November 10,1978 (92 Stat. 3467) 
is amended by deleting "subsection" and inserting in lieu 
thereof "section"; 
(b) section 501(d) of the Act entitled "An Act to authorize 
certain appropriations for the territories of the United States, to 
amend certain Acts relating thereto, and for other purposes" (91 
Stat. 1159), as amended, is further amended by deleting 
"Samoa" where it appears and inserting in lieu thereof "Samoa, 
Guam, the Virgin Islands,"; 
(c) section 119(n)(l) of the Act of August 22,1974 (88 Stat. 633), 
as amended, is further amended by deleting "Guam" and insert-
ing in lieu thereof "Guam, American Samoa, the Northern 
(d) section 17(a) of the Act of April 27, 1935 (49 Stat. 163), as 
amended, is further amended by deleting "Puerto Rico, and the 
Virgin Islands" and "Puerto Rico and the Virgin Islands" and 
inserting in lieu thereof "Puerto Rico, Guam, American Samoa, 
the Northern Mariana Islands, and the Virgin Islands"; 
(e) the Act of December 22, 1975 (89 Stat. 871), as amended, is 
amended by deleting "Samoa" in sections 391(a) and 398(b) and 
inserting in lieu thereof "Samoa, the Northern Mariana 
Islands"; 
(f) section 3(4) of the Energy Policy and Conservation Act (42 
U.S.C. 6202(4)), is amended to read £is follows: 
"(4) The term 'State' means a State, the District of Columbia, 
Puerto Rico, the Trust Territory of the Pacific Islands, or any 
territory or possession of the United States.". 
(g) section 513(2) of the National Energy Extension Service 
Act (42 U.S.C. 7011(2)), is amended to read as follows: 
"(2) 'State' means a State, the District of Columbia, Puerto 
Rico, the Trust Territory of the Pacific Islands, or any territory 
or possession of the United States."; and 
(h) amend the first sentence of section 30 of the Organic Act of 
Guam (64 Stat. 392, as amended 48 U.S.C. 1421h) by adding after 
the words "inhabitants of Guam" the following: "(including, but 
not limited to, compensation paid to members of the Armed 
Forces and pensions paid to retired civilians and military em-
PUBLIC LAW 98-454—OCT. 5, 1984 
STAT. 1737 
ployees of the United States, or their survivors, who are resi-
dents of, or who are domiciled in, Guam)". 
SEC. 602. Section 212 of the Immigration and Nationality Act (8 
U.S.C. 1182) is amended by adding at the end the following new 
subsection: 
"(1) The requirement of paragraph (26)(B) of subsection (a) may be 
waived by the Attorney General, the Secretary of State, and the 
Secretary of the Interior, acting jointly, in the case of an alien 
applying for admission as a nonimmigrant visitor for business or 
pleasure and solely for entry into and stay on Guam for a period not 
to exceed fifteen days, if the Attorney General, the Secretary of 
State, and the Secretary of the Interior jointly determined that— 
"(1) Guam has developed an adequate arrival and departure 
control system, and 
"(2) such a waiver does not represent a threat to the welfare, 
safety, or security of the United States.", 
(b) Section 214(a) of such Act (8 U.S.C. 1184(a)) is amended by 
adding at the end the following new sentence: "No alien admitted to 
Guam without a visa pursuant to section 212(1) may be authorized to 
enter or stay in the United States other than in Guam or to remain 
in Guam for a period exceeding fifteen days from date of admission 
to Guam.". 
TITLE VII 
Aliens. 
Defense and 
national 
security. 
Supra. 
VIRGIN ISLANDS 
SEC. 701. In section 3 of the Revised Organic Act of the Virgin 
Islands, as amended (68 Stat. 4981; 48 U.S.C. 1561), the proviso in the 
next to the last paragraph is amended to read as follows: "Provided, 
That all offenses against the laws of the United States and the laws 
of the Virgin Islands which are prosecuted in the district court 
pursuant to sections 22 (a) and (c) of this Act may be had by 
indictment by grand jury or by information, and that all offenses 
against the laws of the Virgin Islands which are prosecuted in the 
district court pursuant to section 22(b) of this Act or in the courts 
established by local law shall continue to be prosecuted by informa-
tion, except such as may be required by local law to be prosecuted by 
indictment by grand jury.". 
SEC. 702. Section 21 of the Revised Organic Act of the Virgin 
Islands (68 Stat. 506; 48 U.S.C. 1611) is amended to read as follows: 
"SEC. 21. (a) The judicial power of the Virgin Islands shall be 
vested in a court of record designated the 'District Court of the 
Virgin Islands' established by Congress, and in such appellate court 
and lower local courts as may have been or may hereafter be 
established by local law. 
"(b) The legislature of the Virgin Islands may vest in the courts of 
the Virgin Islands established by local law jurisdiction over all 
causes in the Virgin Islands over which any court established by the 
Constitution and laws of the United States does not have exclusive 
jurisdiction. Such jurisdiction shall be subject to the concurrent 
jurisdiction conferred on the District Court of the Virgin Islands by 
section 22 (a) and (c) of this Act. 
"(c) The rules governing 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 governed by local law or 
the rules promulgated by those courts.". 
Law 
enforcement. 
68 Stat. 497. 
Post, p. 1738. 
48 u s e 1612. 
Post, p. 1738. 
Courts, U.S. 
^ 1 - 1 Q L - 
n 
Rfi - 
1 q 
m.. 
"
^ Parf 
9 
98 STAT. 1738 
PUBLIC LAW 98-454—OCT. 5, 1984 
Courts, U.S. 
Crimes and 
misdemeanors. 
Law 
enforcement. 
Taxes. 
26 u s e 7201 et 
Post, p. 1741. 
48 u s e 1612 
note. 
SEC. 703. (a) Section 22 of the Revised Organic Act of the Virgin 
Islands (68 Stat. 506; 48 U.S.C. 1612) is amended to read as follows: 
"SEC. 22. (a) The District Court of the Virgin Islands shall have 
the jurisdiction of a District Court of the United States, including, 
but not limited to, the diversity jurisdiction provided for in section 
1332 of title 28, United States Code, and that of a bankruptcy court 
of the United States. The District Court 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 constitute a criminal offense described 
in chapter 75 of subtitle F of the Internal Revenue Code of 1954 
shall constitute an offense against the government of the Virgin 
Islands and may be prosecuted in the name of the government of the 
Virgin Islands by the appropriate officers thereof in the District 
Court of the Virgin Islands without the request or the consent of the 
United States attorney for the Virgin Islands, notwithstanding the 
provisions of section 27 of this Act. 
"(b) In addition to the jurisdiction described in subsection (a) the 
District Court of the Virgin Islands shall have general original 
jurisdiction in all causes in the Virgin Islands the jurisdiction over 
which is not then vested by local law in the local courts of the Virgin 
Islands: Provided, That the jurisdiction of the District Court of the 
Virgin Islands under this subsection shall not extend to civil actions 
wherein the matter in controversy does not exceed the sum or value 
of $500, exclusive of interest and costs; to criminal cases wherein the 
maximum punishment which may be imposed does not exceed a fine 
of $100 or imprisonment for six months, or both; and to violations of 
local police and executive regulations. The courts established by 
local law shall have jurisdiction over the civil actions, criminal 
cases, and violations set forth in the preceding proviso. In causes 
brought in the district court solely on the basis of this subsection, 
the district court shall be considered a court established by local law 
for the purposes of determining the availability of indictment by 
grand jury or trial by jury. 
"(c) The District Court of the Virgin Islands shall have concurrent 
jurisdiction with the courts of the Virgin Islands established by local 
law over those offenses against the criminal laws of the Virgin 
Islands, whether felonies or misdemeanors or both, which are of the 
same or similar character or part of, or based on, the same act or 
transaction or two or more acts or transactions connected together 
or constituting part of a common scheme or plan, if such act or 
transaction or acts or transactions also constitutes or constitute an 
offense or offenses against one or more of the statutes over which 
the District Court of the Virgin Islands has jurisdiction pursuant to 
subsections (a) and (b) of this section.". 
(b) The provisions of this section shall not result in the loss of 
jurisdiction of the District Court of the Virgin Islands over any 
complaint or proceeding pending in it on the day preceding the 
effective date of this amendatory Act and such complaint and 
proceeding may be pursued to final determination in the District 
Court of the Virgin Islands, the United States Court of Appeals for 
the Third Circuit, and the Supreme Court, notwithstanding the 
provisions of this amendatory Act. 
PUBLIC LAW 98-454—OCT. 5, 1984 
98 STAT. 1739 
Ante, p. 1737. 
Reports. 
Courts, U.S. 
48 u s e 1613a. 
SEC. 704. Section 23 of the Revised Organic Act of the Virgin 
Courts, U.S. 
Islands (68 Stat. 506; 48 U.S.C. 1613) is amended to read as follows: 
"SEC. 23. The relations between the courts established by the 
Constitution or laws of the United States 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 proceed-
ings 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: Provided, That for the first 
fifteen years following the establishment of the appellate 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. 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 Interior 
and Insular Affairs of the House of Representatives at intervals of 
five years following the establishment of such appellate court as to 
whether it has developed sufficient institutional traditions to justify 
direct review by the Supreme Court of the United States from all 
such final decisions. The United States Court of Appeals for the 
Third Circuit shall have jurisdiction to promulgate rules necessary 
to carry out the provisions of this section.". 
SEC. 705. The Revised Organic Act of the Virgin Islands is 
amended by adding to it a new section 23A: 
"SEC. 23A. (a) Prior to the establishment of the appellate court 
authorized by section 21(a) of this Act, the District Court of the 
Virgin Islands shall have such appellate jurisdiction over the courts 
of the Virgin Islands established by local law to the extent now or 
hereafter prescribed by local law: Provided, That the legislature 
may not preclude the review of any judgment or order which 
involves the Constitution, treaties, or laws of the United States, 
including this Act, or any authority exercised thereunder by an 
officer or agency of the Government of the United States, or the 
conformity of any law enacted by the legislature of the Virgin 
Islands or of any order or regulation issued or action taken by the 
executive branch of the government of the Virgin Islands with the 
Constitution, treaties, or laws of the L^nited States, including this 
Act, or any authority exercised thereunder by an officer or agency of 
the United States. 
"(b) Appeals to the District Court of the Virgin Islands shall be 
heard and determined by an appellate division of the court consist-
ing of three judges, of whom two shall constitute a quorum. The 
chief judge of the district court shall be the presiding judge of the 
appellate division and shall preside therein unless disqualified or 
otherwise unable to act. The other judges who are to sit in the 
appellate division at any session shall be designated by the presiding 
judge from among the judges who are serving on, or are assigned to, 
the district court from time to time pursuant to section 24(a) of this 
Act: Provided, That no more than one of them may be a judge of a 
Post, p. 1740. 
court established by local law. The concurrence of two judges shall 
be necessary to any decision by the appellate division of the district 
court on the merits of an appeal, but the presiding judge alone may 
make any appropriate orders with respect to an appeal prior to the 
hearing and determination thereof on the merits and may dismiss 
an appeal for want of jurisdiction or failure to take or prosecute it in 
98 STAT. 1740 
PUBLIC LAW 98-454—OCT. 5, 1984 
accordance with the applicable law or rules of procedure. Appeals 
pending in the district court on the effective date of this Act shall be 
heard and determined by a single judge. 
"(c) The United States Court of Appeals for the Third Circuit shall 
have jurisdiction of appeals from all final decisions of the district 
court on appeal from the courts established by local law. The United 
States Court of Appeals for the Third Circuit shall have jurisdiction 
to promulgate rules necessary to carry out the provisions of this 
subsection. 
"(d) Upon the establishment of the appellate court provided for in 
Ante, p. 1737. 
section 21(a) of this Act all appeals from the decisions of the courts 
of the Virgin Islands established by local law not previously taken 
must be taken to that appellate court. The establishment of the 
appellate court shall not result in the loss of jurisdiction of the 
district court over any appeal then pending in it. The rulings of the 
district court on such appeals may be reviewed in the United States 
Court of Appeals for the Third Circuit and in the Supreme Court 
notwithstanding the establishment of the appellate court.". 
Courts, U.S. 
SEC. 706. (a) Section 24(a) of the Revised Organic Act of the Virgin 
Islands (68 Stat. 506; 48 U.S.C. 1614(a)) is amended to read as follows: 
President of U.S. 
"(a) The President shall, by and with the advice and consent of the 
Appointments. 
Senate, appoint two judges for the District Court of the Virgin 
Islands, who shall hold office for terms of ten years and until their 
successors are chosen and qualified, unless sooner removed by the 
President for cause. The judge of the district court who is senior in 
continuous service and who otherwise qualifies under section 136(a) 
of title 28, United States Code, shall be the chief judge of the court. 
The salary of a judge of the district court shall be at the rate 
prescribed for judges of the United States district courts. Whenever 
it is made to appear that such an assignment is necessary for the 
proper dispatch of the business of the district court, the chief judge 
of the Third Judicial Circuit of the United States may assign a judge 
of a court of record of the Virgin Islands established by local law, or 
a circuit or district judge of the Third Judicial Circuit, or a recalled 
senior judge of the District Court of the Virgin Islands, or the Chief 
Justice of the United States may assign any other United States 
circuit or district judge with the consent of the judge so assigned and 
of the chief judge of his circuit, to serve temporarily as a judge of the 
District Court of the Virgin Islands. The compensation of the judges 
of the district court and the administrative expenses of the court 
shall be paid from appropriations made for the judiciary of the 
United States.". 
Crimes and 
Qj) Section 240t>) of the Revised Organic Act of the Virgin Islands 
misdemeanors. 
(68 Stat. 506; 48 U.S.C. 1614(b)) is amended to read as follows: 
18 use 3001. 
"Ot)) Where appropriate, the provisions of part II of title 18 and of 
28 use 501. 
title 28, United States Code, and, notwithstanding the provisions of 
18 use app. 
rule 7(a) and of rule 54(a) of the Federal Rules of Criminal Procedure 
relating to the requirement of indictment and to the prosecution of 
criminal offenses in the Virgin Islands by information, respectively, 
the rules of practice heretofore or hereafter promulgated and made 
effective by the Congress or the Supreme Court of the United States 
pursuant to titles 11, 18, and 28, United States Code, shall apply to 
the district court and appeals therefrom: Provided, That the terms 
'Attorney for the government' and 'United States attorney' as used 
18 use app. 
in the Federal Rules of Criminal Procedure, shall, when applicable 
to causes arising under the income tax laws applicable to the Virgin 
Islands, mean the Attorney General of the Virgin Islands or such 
PUBLIC LAW 98-454—OCT. 5, 1984 
98 STAT. 1741 
other person or persons as may be authorized by the laws of the 
Virgin Islands to act therein: Provided further. That in the district 
court all criminal prosecutions under the laws of the United States, 
under local law under section 22(c) of this Act, and under the income 
Ante, p. 1738. 
tax laws applicable to the Virgin Islands may be had by indictment 
by grand jury or by information: Provided further, That an offense 
which has been investigated by or presented to a grand jury may be 
prosecuted by information only by leave of court or with the consent 
of the defendant. All criminal prosecutions arising under local law 
which are tried in the district court pursuant to section 22(b) of this 
Act shall continue to be had by information, except such as may be 
required by the local law to be prosecuted by indictment by grand 
jury.". 
(c) The provisions of subsection (a) of this section regarding the 
determination and qualifications of the chief judge of the District 
Court of the Virgin Islands shall not apply to a person serving as 
chief judge of said court on the effective date of this Act. 
SEC. 707. Section 25 of the Revised Organic Act of the Virgin 
Islands (68 Stat. 507; 48 U.S.C. 1615) is amended to read as follows: 
"SEC. 25. The Virgin Islands consists of two judicial divisions; the 
Division of Saint Croix, comprising the island of Saint Croix and 
adjacent islands and cays, and the Division of Saint Thomas and 
Saint John, comprising the islands of Saint Thomas and Saint John 
and adjacent islands and cays. Court for the Division of Saint Croix 
shall be held in Christiansted, and for the Division of Saint Thomas 
and Saint John at Charlotte Amalie.". 
SEC. 708. Section 27 of the Revised Organic Act of the Virgin 
Islands (68 Stat. 507; 48 U.S.C. 1617) is amended by substituting the 
words "courts established by local law" for "inferior courts of the 
Virgin Islands" wherever they appear, and by deleting the last two 
S6n^6IlC6S 
SEC. 709. The Act of May 20, 1932 (47 Stat. 160, 48 U.S.C. 1400) is 
Repeal. 
repealed. 
TITLE VIII 
Prohibition. 
48 u s e 1614 
note. 
Courts, U.S. 
GUAM 
SEC. 801. Section 22 of the Organic Act of Guam (64 Stat. 389; 48 
U.S.C. 1424), as amended, is amended id iread as follows: 
"SEC. 22. (a) The judicial authority of Guam shall be vested in a 
court of record established by Congress, designated the 'District 
Court of Guam,' and such local court or courts as may have been or 
shall hereafter be established by the laws of Guam in conformity 
with section 22A of this Act. 
"(b) The District Court of Guam shall have the jurisdiction of a 
district court of the United States, including, but not limited to, the 
diversity jurisdiction provided for in section 1332 of title 28, United 
States Code, and that of a bankruptcy court of the United States. 
"(c) In addition to the jurisdiction described in subsection (b), the 
District Court of Guam shall have original jurisdiction in all other 
causes in Guam, jurisdiction over which is not then vested by the 
legislature in another court or other courts established by it. In 
causes brought in the district court solely on the basis of this 
subsection, the district court shall be considered a court established 
by the laws of Guam for the purpose of determining the require-
ments of indictment by grand jury or trial by jury. 
Courts, U.S. 
Post, p. 1742. 
98 STAT. 1742 
PUBLIC LAW 98-454—OCT. 5, 1984 
48 use 1424-1. 
"SEC. 22A. (a) The local courts of Guam shall consist of such trial 
court or courts as may have been or may hereafter be established by 
the laws of Guam. On or after the effective date of this Act, the 
legislature of Guam may in its discretion establish an appellate 
court. 
"(b) The legislature may vest in the local courts jurisdiction over 
all causes in Guam over which any court established by the Consti-
tution and laws of the United States does not have exclusive juris-
diction. Such jurisdiction shall be subject to the exclusive or 
concurrent jurisdiction conferred on the District Court of Guam by 
Ante, p. 1741. 
section 22(b) of this Act. 
"(c) The practice and procedure in the local courts and the qualifi-
cations and duties of the judges thereof shall be governed by the 
laws of Guam and the rules of those courts. 
48 use 1424-2. 
"SEC. 22B. The relations between the courts established by the 
Constitution or laws of the United States and the local courts of 
Guam 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: Provided, That for the first 
fifteen years following the establishment of the appellate court 
Supra. 
authorized by section 22A(a) of this Act, the United States Court of 
Appeals for the Ninth Circuit shall have jurisdiction to review by 
writ of certiorari all final decisions of the highest court of Guam 
Reports. 
from which a decision could be had. The Judicial Council of the 
Ninth Circuit shall submit reports to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Interior and 
Insular Affairs of the House of Representatives at intervals of five 
years following the establishment of such appellate court as to 
whether it has developed sufficient institutional traditions to justify 
direct review by the Supreme Court of the United States from all 
such final decisions. The United States Court of Appeals for the 
Ninth Circuit shall have jurisdiction to promulgate rules necessary 
to carry out the provisions of this subsection. 
48 use 1424-3. 
"SEC. 22C. (a) Prior to the establishment of the appellate court 
Supra. 
authorized by section 22A(a) of this Act, the District Court of Guam 
shall have such appellate jurisdiction over the local courts of Guam 
as the legislature may determine: Provided, That the legislature 
may not preclude the review of any judgment or order which 
involves the Constitution, treaties, or laws of the United States, 
including this Act, or any authority exercised thereunder by an 
officer or agency of the Government of the United States, or the 
conformity of any law enacted by the legislature of Guam or of any 
orders or regulations issued or actions taken by the executive 
branch of the government of Guam with the Constitution, treaties, 
or laws of the United States, including this Act, or any authority 
exercised thereunder by an officer or agency of the United States. 
"(b) Appeals to the District Court of Guam shall be heard and 
determined by an appellate division of the court consisting of three 
judges, of whom two shall constitute a quorum. The district judge 
shall be the presiding judge of the appellate division and shall 
preside therein unless disqualified or otherwise unable to act. The 
other judges who are to sit in the appellate division of any session 
shall be designated by the presiding judge from among the judges 
who are serving on, or are assigned to, the district court from time 
PUBLIC LAW 98-454—OCT. 5, 1984 
98 STAT. 1743 
to time pursuant to section 24 of this Act: Provided, That no more 
than one of them may be a judge of a court of record of Guam. The 
concurrence of two judges shall be necessary to any decision of the 
appellate division of the district court on the merits of an appeal, 
but the presiding judge alone may make any appropriate orders 
with respect to an appeal prior to the hearing and determination 
thereof on the merits and may dismiss an appeal for want of 
jurisdiction or failure to take or prosecute it in accordance with the 
applicable law or rules of procedure. 
"(c) The United States Court of Appeals for the Ninth Circuit 
shall have jurisdiction of appeals from all final decisions of the 
appellate division of the district court. The United States Court of 
Appeals for the Ninth Circuit shall have jurisdiction to promulgate 
rules necessary to carry out the provisions of this subsection. 
"(d) Upon the establishment of the appellate court provided for in 
section 22A(a) of this Act all appeals from the decisions of the local 
courts not previously taken must be taken to the appellate court. 
The establishment of that appellate court shall not result in the loss 
of jurisdiction of the appellate division of the district court over any 
appeal then pending in it. The rulings of the appellate division of 
the district court on such appeals may be reviewed in the United 
States Court of Appeals for the Ninth Circuit and in the Supreme 
Court notwithstanding the establishment of the appellate court. 
"SEC. 22D. Where appropriate, the provisions of part II of title 18 
and of title 28, United States Code, and notwithstanding the provi-
sion in rule 54(a) Federal Rules of Criminal Procedure relating to 
the prosecution of criminal offenses on Guam by information, the 
rules of practice and procedure heretofore or hereafter promulgated 
and made effective by the Congress or the Supreme Court of the 
United States pursuant to titles 11, 18, and 28, United States Code, 
shall apply to the District Court of Guam and appeals therefrom; 
except that the terms, 'Attorney for the government' and 'United 
States attorney', as used in the Federal Rules of Criminal Proce-
dure, shall, when applicable to cases arising under the laws of 
Guam, including the Guam Territorial income tax, mean the Attor-
ney General of Guam or such other person or persons as may be 
authorized by the laws of Guam to act therein.". 
SEC. 802. Section 24 of the Organic Act of Guam, £is amended (64 
Stat. 390; 48 U.S.C. 1424b), is amended, by: 
(a) substituting in the first paragraph of subsection (a) the 
words "for the term of ten years" for "for a term of eight 
years"; 
(b) substituting in the second paragraph of subsection (a) the 
words "a local court of record" for "the Island Court of Guam"; 
(c) inserting in the second paragraph of subsection (a) between 
the words "ninth circuit" and "or" the words "or a recalled 
senior judge of the District Court of Guam or of the District 
Court for the Northern Mariana Islands"; 
(d) substituting in subsection (b) the numbers "35" and "37" 
for "31" and "33", respectively; and 
(e) deleting subsection (c) 
SEC. 803. Section 1 of the Act of August 27, 1954 (68 Stat. 882), is 
amended by repealing that portion which reads: "that no provisions 
of any such rules which authorize or require trial by jury or the 
prosecution of offenses by indictment by a grand jury instead of by 
information shall be applicable to the District Court of Guam unless 
Infra. 
Ante, p. 1742. 
Crimes and 
misdemeanors. 
48 u s e 1424-4. 
18 u s e 3001. 
28 u s e 501. 
18 u s e app. 
18 u s e app. 
Law 
enforcement. 
48 u s e 1424. 
98 STAT. 1744 
PUBLIC LAW 98-454—OCT. 5, 1984 
and until made so applicable by laws enacted by the Legislature of 
Guam, and except further". 
TITLE IX 
Crimes and 
misdemeanors. 
Courts, U.S. 
48 u s e 1681 
note. 
18 u s e 3001; 28 
use 501. 
Courts, U.S. 
Courts, U.S. 
Supra. 
NORTHERN MARIANA ISLANDS 
SEC. 901. Section 1 of the Act of November 8, 1977 (91 Stat. 1265, 
48 U.S.C. 1694) is amended by— 
(a) substituting in subsection (b)(1) the words "for a term of 
ten years" for "for a term of eight years"; 
(b) inserting in subsection (b)(2) between the words "Presi-
dent" and "or", the words "or a recalled senior judge of the 
District Court of Guam or of the District Court of the Northern 
Mariana Islands"; and 
(c) substituting the following for subsection (c): "Where appro-
priate, and except as otherwise provided in articles IV and V of 
the Covenant approved by the Act of March 24, 1976 (90 Stat. 
263), the provisions of part II of title 18 and of titles 28, United 
States Code, the rules of practice and procedure heretofore or 
hereafter promulgated and made effective by the Congress or 
the Supreme Court of the United States pursuant to titles 11,18, 
and 28, United States Code, shall apply to the District Court for 
the Northern Mariana Islands and appeals therefrom; except 
that the terms 'Attorney for the government' and 'United 
States attorney', as used in the Federal Rules of Criminal 
Procedure, shall, when applicable to cases arising under the 
laws of the Northern Mariana Islands, include the Attorney 
General of the Northern Mariana Islands or such other person 
or persons as may be authorized by the laws of the Northern 
Mariana Islands to act therein.". 
SEC. 902. Section 2(a) of the Act of November 8,1977 (91 Stat. 1266; 
48 U.S.C. 1694a(a)), is amended to read as follows: 
"(a) The District Court for the Northern Mariana Islands shall 
have the jurisdiction of a District Court of the United States, 
including, but not limited to, the diversity jurisdiction provided for 
in section 1332 of title 28, United States Code, and that of a 
bankruptcy court of the United States.". 
SEC. 903. Section 3 of the Act of November 8, 1977 (91 Stat. 1266; 
48 U.S.C. 1694b) is amended to read as follows: 
"SEC. 3. (a) Prior to the establishment of an appellate court for the 
Northern Mariana Islands the district court shall have such appel-
late jurisdiction over the courts established by the Constitution or 
laws of the Northern Mariana Islands as the Constitution and laws 
of the Northern Mariana Islands provide, except that such Constitu-
tion and laws may not preclude the review of any judgment or order 
which involves the Constitution, treaties, or laws of the United 
States, including the Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United States 
of America (90 Stat. 263) (hereinafter referred to as 'Covenant'), or 
any authority exercised thereunder by an officer or agency of the 
Government of the United States, or the conformity of any law 
enacted by the legislature of the Northern Mariana Islands or of any 
orders or regulations issued or actions taken by the executive 
branch of the government of the Northern Mariana Islands with the 
Constitution, treaties, or laws of the United States, including the 
PUBLIC LAW 98-454—OCT. 5, 1984 
98 STAT. 1745 
Covenant or with any authority exercised thereunder by an officer 
or agency of the United States. 
"(b) Appeals to the district court shall be heard and determined by 
an appellate division of the court consisting of three judges, of whom 
two shall constitute a quorum. The judge appointed for the court by 
the President shall be the presiding judge of the appellate division 
and shall preside therein unless disqualified or otherwise unable to 
act. The other judges who are to sit in the appellate division at any 
session shall be designated by the presiding judge from among the 
judges assigned to the court from time to time pursuant to section 
1(b)(2) of this Act: Provided, That no more than one of them may be 
a judge of a court of record of the Northern Mariana Islands. The 
concurrence of two judges shall be necessary to any decision by the 
appellate division of the district court on the merits of an appeal but 
the presiding judge alone may make any appropriate orders with 
respect to an appeal prior to the hearing and determination thereof 
on the merits and may dismiss an appeal for want of jurisdiction or 
failure to take or prosecute it in accordance with the applicable law 
or rules of procedure. 
"(c) The United States Court of Appeals for the Ninth Circuit 
shall have jurisdiction of appeals from all final decisions of the 
appellate division of the district court. The United States Court of 
Appeals for the Ninth Circuit shall have jurisdiction to promulgate 
rules necessary to carry out the provisions of this subsection.". 
SEC. 904. Section 4 of the Act of November 8, 1977 (91 Stat. 1266; 
48 U.S.C. 1694c) is amended by inserting the words, "including the 
Supreme Court of the United States," between the words "courts of 
the United States" and "and". 
48 u s e 1694. 
TITLE X 
GENERAL PROVISIONS 
SEC. 1001. Sections 335, 336 and 402(e) of the Act of November 6, 
1978 (92 Stat. 2680, 2682) are repealed. 
SEC. 1002. (a) Any judge or former judge who is receiving, or will 
upon attaining the age of sixty-five years be entitled to receive, 
payments pursuant to section 373 of title 28, United States Code 
may elect to become a senior judge of the court on which he served 
while on active duty. 
(b) The chief judge of a judicial circuit may recall any such senior 
judge of his circuit, with the judge's consent, to perform in the 
District Court of Guam, the District Court of the Virgin Islands, or 
the District Court for the Northern Mariana Islands such judicial 
duties and for such periods of time as the chief judge may specify. 
(c) Any act or failure to act by a senior judge performing judicial 
duties pursuant to this section shall have the same force and effect 
as if it were the act or failure to act of a judge on active duty; but 
such senior judge shall not be counted as a judge of the court on 
which he is serving for purposes of the number of judgeships author-
ized for that court. 
(d) Any senior judge shall be paid, while performing duties pursu-
ant to this section, the same compensation (in lieu of payments 
pursuant to section 373 of title 28, United States Code) and the same 
allowances for travel and other expenses as a judge in active service. 
(e) Senior judges under subsection (a) of this section shall at all 
times be governed by the code of judicial conduct for the United 
Repeals. 
48 u s e 1424, 
1612, 1615; 11 
u s e prec. 
101 note. 
eourts, U.S. 
28 u s e 373 note. 
98 STAT. 1746 
PUBLIC LAW 98-454—OCT. 5, 1984 
Law 
enforcement. 
Law 
enforcement. 
48 u s e 1493. 
Courts, U.S. 
48 u s e 1424b 
note. 
Ante, pp. 1740, 
1743, 1744. 
Effective date. 
48 u s e 1424 
note. 
States judges, approved by the Judicial Conference of the United 
States. 
(f) Any person who has elected to be a senior judge under subsec-
tion (a) of this section and who thereafter— 
(1) accepts civil office or employment under the Government 
of the United States (other than the performance of judicial 
duties pursuant to subsection (b) of this section); 
(2) engages in the practice of law; or 
(3) materially violated the code of judicial conduct for the 
United States judges, 
shall cease to be a senior judge and to be eligible for recall pursuant 
to subsection (b) of this section. 
SEC. 1003. The prosecution in a territory or Commonwealth is 
authorized—unless precluded by local law—to seek review or other 
suitable relief in the appropriate local or Federal appellate court, or, 
where applicable, in the Supreme Court of the United States from— 
(a) a decision, judgment, or order of a trial court dismissing an 
indictment or information as to any one or more counts, except 
that no review shall lie where the constitutional prohibition 
against double jeopardy would further prosecution; 
(b) a decision or order of a trial court suppressing or excluding 
evidence or requiring the return of seized property in a criminal 
proceeding, not made after the defendant has been put in 
jeopardy and before the verdict or finding on an indictment or 
information, if the prosecution certifies to the trial court that 
the appeal is not taken for purpose of delay and that the 
evidence is a substantial proof of a fact material in the proceed-
ing; and 
(c) an adverse decision, judgment, or order of an appellate 
court. 
SEC. 1004. The provisions of sections 706(a), 802(a), and 901(a) of 
this Act extending the terms of district court judges of the Virgin 
Islands, Guam, and the Northern Mariana Islands, respectfully, 
from eight to ten years shall be applicable to the judges of those 
courts holding office on the effective date of this Act. 
SEC. 1005. Titles VII, VIII, IX, and X of this Act shall become 
effective on the ninetieth day following their enactment. 
Approved October 5, 1984. 
LEGISLATIVE HISTORY—H.R. 5561: 
HOUSE REPORT No. 98-784 (Oomm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
June 28, considered and passed House. 
Aug. 10, considered and passed Senate, amended. 
Sept. 14, House concurred in Senate amendment with amendments. 
Sept. 21, Senate concurred in House amendments.