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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Federal District Court of American Samoa Act
of 2006'.
SEC. 2. FEDERAL DISTRICT COURT FOR AMERICAN SAMOA.
(a) Establishment- There is established for and within American Samoa a
court of record to be known as the Federal District Court of American Samoa.
Terms of court shall be held on Tutuila and at such other places in American
Samoa and at such times as the court may designate by rule or order.
(b) Jurisdiction of the Federal District Court- The jurisdiction of the
Federal District Court of American Samoa shall, to the extent that the Constitution
and laws of the United States apply to American Samoa, be limited to the
jurisdiction of a district court of the United States and that of a bankruptcy
court of the United States, except that--
(1) the Federal District Court shall in no case have jurisdiction of a
case or proceeding that puts in issue the tenure to any communal lands
located in American Samoa, or any matter pertaining to the adjudication
of traditional chieftain or matai titles; and
(2) the Federal District Court and the High Court of American Samoa shall
have concurrent jurisdiction over cases involving the interpretation of--
(A) the 1900 Treaty or Deed of Cession between the Islands of Tutuila
and Aunu'u and the United States, and the 1904 Treaty or Deed of Cession
between Manu'a Islands and the United States; and
(B) the 1967 Revised Constitution of American Samoa, and any amendments
thereto.
(c) Relationship Between Courts of United States and Courts of American
Samoa- The relations between the courts established by the Constitution
or laws of the United States and the courts of American Samoa 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.
SEC. 3. APPOINTMENT OF JUDGE, U.S. ATTORNEY, AND U.S. MARSHAL.
(a) Appointment of Judge- The President shall, by and with the advice and
consent of the Senate, appoint a judge for the Federal District Court of
American Samoa, who shall hold office for the term of 10 years and until
his or her successor is chosen and qualified, unless sooner removed by the
President for cause. The judge shall receive a salary payable by the United
States which shall be at the rate prescribed for judges of the United States
district courts.
(b) Temporary Assignments- The Chief Judge of the Ninth Judicial Circuit
of the United States may assign a judge of a local court of record in American
Samoa, a circuit or district judge of the ninth judicial circuit, or a recalled
senior judge of the United States District Court for the District of Hawaii,
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 that circuit, to serve temporarily as a judge in the
Federal District Court of American Samoa whenever such an assignment is
for the proper conduct, administration, and necessary business of the court.
(c) U.S. Attorney and U.S. Marshal- The President shall appoint, by and
with the advice and consent of the Senate, a United States attorney and
United States marshal for American Samoa to whose offices the provisions
of chapters 35 and 37 of title 28, United States Code, respectively, shall
apply.
SEC. 4. RULES OF PRACTICE AND PROCEDURE.
Where appropriate, the rules of practice and procedure 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 Federal
District Court of American Samoa 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, include
the Attorney General of American Samoa or such other person or persons as
may be authorized by the laws of American Samoa to act therein.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Appeals- The item relating to the Ninth Circuit in the table contained
in section 41 of title 28, United States Code, is amended by inserting `American
Samoa,' after `Guam,'.
(b) Retirement and Survivors' Annuities-
(1) RETIREMENT- Section 373 of title 28, United States Code, is amended
in subsections (a) and (e) by inserting `, the Federal District Court
of American Samoa,' after `the District Court of Guam,'.
(2) SURVIVORS' ANNUITIES- Section 376(a) of title 28, United States Code,
is amended in paragraphs (1)(B) and (2)(B) by inserting `the Federal District
Court of American Samoa,' after `the District Court of Guam,'.
(c) U.S. Trustee- Section 581(a)(15) of title 28, United States Code, is
amended by inserting `, American Samoa,' after `Guam'.
(d) Courts Defined- Section 610 of title 28, United States Code, is amended
by striking `the United States District Court for the District of the Canal
Zone' and inserting `the Federal District Court of American Samoa'.
(e) Magistrate Judges- Section 631(a) of title 28, United States Code, is
amended--
(1) in the first sentence, by inserting `, the Federal District Court
of American Samoa,' after `United States district court'; and
(2) in the second sentence, by inserting `American Samoa,' after `Guam,'.
(f) Court Reporters- The first paragraph of section 753(a) of title 28,
United States Code, is amended--
(1) by striking `the United States District Court for the District of
the Canal Zone,'; and
(2) by inserting `the Federal District Court of American Samoa,' after
`the District Court of Guam,'.
(g) Courts of Appeals- Section 1291 of title 28, United States Code, is
amended--
(1) by striking `, the United States District Court for the District of
the Canal Zone,'; and
(2) by inserting `the Federal District Court of American Samoa,' after
`the District Court of Guam,'.
(h) Interlocutory Decisions- Section 1292 of title 28, United States Code,
is amended--
(1) in subsection (a)(1)--
(A) by striking `the United States District Court for the District of
the Canal Zone,'; and
(B) by inserting `the Federal District Court of American Samoa,' after
`the District Court of Guam,'; and
(2) in subsection (d)(4)(A), by inserting `the Federal District Court
of American Samoa,' after `the District Court of Guam,'.
(i) Circuits in Which Decisions Reviewable- Section 1294 of title 28, United
States Code, is amended--
(1) by striking paragraph (2) and redesignating paragraphs (3) and (4)
as paragraphs (2) and (3), respectively; and
(2) in paragraph (3), as so redesignated, by inserting `or the Federal
District Court of American Samoa' after `Guam'.
(j) Court of Appeals for the Federal Circuit- Section 1295(a) of title 28,
United States Code, is amended in paragraphs (1) and (2)--
(1) by striking `the United States District Court for the District of
the Canal Zone'; and
(2) by inserting `the Federal District Court of American Samoa,' after
`the District Court of Guam,'.
(k) Representation of Certain Defendants- Section 3006A(j) of title 18,
United States Code, is amended by inserting `the Federal District Court
of American Samoa,' after `the District Court of the Northern Mariana Islands,'.
SEC. 6. DEFINITION.
For purposes of this Act, the term `American Samoa' includes Swains Island
and Rose Island.
SEC. 7. 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.
END
