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US (United States) Code. Title 48. Chapter 12: Virgin Islands

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-CITE-

48 USC CHAPTER 12 - VIRGIN ISLANDS 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

-HEAD-

CHAPTER 12 - VIRGIN ISLANDS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1541. Organization and status.

(a) Composition and territorial designation.

(b) Powers and legal status of government; capital

and seat of government.

Interior.

1542. Voting franchise; discrimination prohibited.

1543. United States citizenship requirement for government

officials.

1544. Reports by Governor; jurisdiction of Secretary of the

Interior; exceptions.

1545. Lease and sale of public property; conveyance of title

in certain lands to the government of Virgin Islands.

1546. Authorization of appropriations.

SUBCHAPTER II - BILL OF RIGHTS

1561. Rights and prohibitions.

SUBCHAPTER III - LEGISLATIVE BRANCH

1571. Legislature.

(a) Designation and unicameral character.

(b) Composition; legislative districts; method of

elections.

1572. Legislators.

(a) Terms of office.

(b) Qualifications of members.

election of members of boards of election.

(d) Immunity of members.

(e) Compensation and allowances.

(f) Limitations on holding other office.

(g) General powers; parliamentary rules.

(h) Vacancies.

1573. Time, frequency, and duration of regular sessions;

special sessions; place of holding.

1574. Legislative powers and activities.

(a) Scope of authority; limitation on enactments

and taxation.

(b) Government bonds; maximum amount; sale,

interest, etc.

or repeal.

(d), (e) Repealed.

(f) Customs duty; duty-free importation; effect on

other customs laws.

1574-1. Applicability of laws referred to in section 502(a)(1)

of Covenant to Establish a Commonwealth of the

Northern Mariana Islands.

1574a. Revenue bonds or other obligations.

(a) Authorization for issuance; use of proceeds;

legislative initiative and binding referendum

vote.

(b) Federal guarantee.

1574b. Federal guarantee for issuance of revenue bonds or

other obligations.

(a) Application to Secretary of the Interior;

contents.

(b) Terms and conditions of guarantee or commitment

to guarantee; determination by Secretary of

approval.

(d) Conclusiveness and incontestability; pledge of

full faith and credit.

(e) Interest on guaranteed obligations taxable.

(f) Maximum amount guaranteed; time limitations on

commitments to guarantee, obligation of

guaranteed but unobligated funds, and

repayment of unobligated proceeds of bonds or

other obligations.

(g) Revolving fund; establishment; submission of

budget to Congress; payments; transfers from

fund to general fund of Treasury; issuance and

sale of notes or other obligations for

guarantees.

1574c. Priority for payment of principal and interest of

revenue bonds or other obligations.

1574d. Repealed.

1575. Legislative procedure.

(a) Quorum and method of voting on bills.

(b) Enacting clause of acts.

(d) Approval and disapproval of bills.

(e) Use of prior appropriations upon failure to

pass appropriation bills.

(f) Journal of proceedings; contents.

(g) Transmittal of laws to Congress.

1576. General elections; time; transfer of Council

functions, property, etc.

SUBCHAPTER IV - EXECUTIVE BRANCH

1591. Governor and Lieutenant Governor; election;

eligibility; official residence; powers and duties;

report.

1592. Repealed.

1593. Initiative and recall.

(a) Grant of rights.

(b) Initiative.

(d) "Law" and "voter" defined.

1594. Repealed.

1595. Vacancy in office of Governor or Lieutenant Governor.

(a) Temporary disability or temporary absence of

Governor.

(b) Permanent vacancy in office of Governor;

Lieutenant Governor as Governor; term of

office.

Lieutenant Governor; president of legislature

as Lieutenant Governor.

(d) Permanent vacancy in office of Lieutenant

Governor; Governor to appoint new Lieutenant

Governor with advice and consent of

legislature; term of office.

(e) Temporary disability or temporary absence of

Governor and Lieutenant Governor; appointment

of Acting Governor; permanent vacancies in

offices of Governor and Lieutenant Governor;

appointment of Governor.

(f) Additional compensation.

1596. Repealed.

1597. Reorganization of government.

(a) Consolidation of departments, bureaus, etc.;

popular election of school board members.

(b) Changes after examination from time to time.

removal; powers and duties; appointments to

boards, etc.

1598. Omitted.

1599. Transfer of functions from government comptroller for

Virgin Islands to Inspector General, Department of

the Interior.

(a) Functions, powers, and duties transferred.

(b) Scope of authority transferred.

of government comptroller for Virgin Islands

to Office of Inspector General, Department of

the Interior.

SUBCHAPTER V - JUDICIAL BRANCH

1611. District Court of Virgin Islands; local courts;

jurisdiction; practice and procedure.

(a) District Court of Virgin Islands; local courts.

(b) Jurisdiction.

1612. Jurisdiction of District Court.

(a) Jurisdiction.

(b) General jurisdiction; limitations.

local courts.

1613. Relations between courts of United States and courts

of Virgin Islands; review by United States Court of

Appeals for Third Circuit; reports to Congress;

rules.

1613a. Appellate jurisdiction of District Court; procedure;

review by United States Court of Appeals for Third

Circuit; rules; appeals to appellate court.

(a) Appellate jurisdiction of District Court.

(b) Appellate division of District Court; quorum;

presiding judge; designation of judges;

decisions.

Circuit; jurisdiction; appeals; rules.

(d) Appeals to appellate court; effect on District

Court.

1614. Judges of District Court.

(a) Appointment; tenure; removal; chief judge;

compensation.

(b) Criminal offenses; procedure; definitions;

indictment and information.

1615. Judicial divisions.

1616. Trial by jury.

1617. United States attorney; appointment; duties.

SUBCHAPTER VI - SYSTEM OF ACCOUNTS

1631. Establishment and maintenance; scope.

1632. Repealed.

SUBCHAPTER VII - FISCAL PROVISIONS

1641. Method of payment of official salaries.

1642. Use of certain proceeds for expenditure; income tax

obligations of inhabitants.

1642a. Availability of collected customs duties for

expenditures as Legislature may provide.

1643. Import provisions with respect to trade-marks.

1644. Import duties on articles entering United States or

possessions from Virgin Islands.

1645. Remittance of duties, taxes, and fees to be collected

in next fiscal year; authorization, prerequisites,

amount, etc.

CONSTITUTIONS FOR VIRGIN ISLANDS AND GUAM: ESTABLISHMENT;

CONGRESSIONAL AUTHORIZATION

Pub. L. 94-584, Oct. 21, 1976, 90 Stat. 2899, as amended by Pub.

L. 96-597, title V, Sec. 501, Dec. 24, 1980, 94 Stat. 3479,

provided:

"[Section 1. Authorization to organize governments] That the

Congress, recognizing the basic democratic principle of government

by the consent of the governed, authorizes the peoples of the

Virgin Islands and of Guam, respectively, to organize governments

pursuant to constitutions of their own adoption as provided in this

Act.

"Sec. 2. [Constitutional conventions and draft provisions] (a)

The Legislatures of the Virgin Islands and Guam, respectively, are

authorized to call constitutional conventions to draft, within the

existing territorial-Federal relationship, constitutions for the

local self-government of the people of the Virgin Islands and Guam.

"(b) Such constitutions shall -

"(1) recognize, and be consistent with, the sovereignty of the

United States over the Virgin Islands and Guam, respectively, and

the supremacy of the provisions of the Constitution, treaties,

and laws of the United States applicable to the Virgin Islands

and Guam, respectively, including, but not limited to, those

provisions of the Organic Act [section 1405 et seq. of this

title] and Revised Organic Act of the Virgin Islands [this

chapter] and the Organic Act of Guam [section 1421 et seq. of

this title] which do not relate to local self-government.

"(2) provide for a republican form of government, consisting of

three branches: executive, legislative, and judicial;

"(3) contain a bill of rights;

"(4) deal with the subject matter of those provisions of the

Revised Organic Act of the Virgin Islands of 1954, as amended,

and the Organic Act of Guam, as amended, respectively, which

relate to local self-government;

"(5) with reference to Guam, provided that the voting franchise

may be vested only in residents of Guam who are citizens of the

United States;

"(6) provide for a system of local courts consistent with the

provisions of the Revised Organic Act of the Virgin Islands, as

amended; and

"(7) provide for the establishment of a system of local courts

the provisions of which shall become effective no sooner than

upon the enactment of legislation regulating the relationship

between the local courts of Guam with the Federal judicial

system.

"Sec. 3. [Selection and qualification of members] The members of

such constitutional conventions shall be chosen as provided by the

laws of the Virgin Islands and Guam, respectively (enacted after

the date of enactment of this Act [Oct. 21, 1976]): Provided,

however, That no person shall be eligible to be a member of the

constitutional conventions, unless he is a citizen of the United

States and qualified to vote in the Virgin Islands and Guam,

respectively.

"Sec. 4. [Submittal of proposed constitutions to governors and

President] The conventions shall submit to the Governor of the

Virgin Islands a proposed constitution for the Virgin Islands and

to the Governor of Guam a proposed constitution for Guam which

shall comply with the requirements set forth in section 2(b) above.

Such constitutions shall be submitted to the President of the

United States by the Governors of the Virgin Islands and Guam.

"Sec. 5. [Transmittal to Congress and submittal to voters] Within

sixty calendar days after the respective date on which he has

received each constitution, the President shall transmit such

constitution together with his comments to the Congress. The

constitution, in each case, shall be deemed to have been approved

by the Congress within sixty legislative days (not interrupted by

an adjournment sine die of the Congress) after its submission by

the President, unless prior to that date the Congress has approved

the constitution, or modified or amended it, in whole or in part,

by joint resolution. As so approved or modified, the constitutions

shall be submitted to the qualified voters of the Virgin Islands

and Guam, respectively, for acceptance or rejection through

islandwide referendums to be conducted as provided under the laws

of the Virgin Islands and Guam, respectively, (enacted after the

date of enactment of this Act) [Oct. 21, 1976]. Upon approval by

not less than a majority of the votes (counting only the

affirmative or negative votes) participating in such referendums,

the constitutions shall become effective in accordance with their

terms."

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1469a-1, 1645 of this

title.

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48 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER I - GENERAL PROVISIONS

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SUBCHAPTER I - GENERAL PROVISIONS

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48 USC Sec. 1541 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1541. Organization and status

-STATUTE-

(a) Composition and territorial designation

The provisions of this chapter and the name "Virgin Islands" as

used in this chapter, shall apply to and include the territorial

domain, islands, cays, and waters acquired by the United States

through cession of the Danish West Indian Islands by the convention

between the United States of America and His Majesty the King of

Denmark entered into August 4, 1916, and ratified by the Senate on

September 7, 1916 (39 Stat. 1706). The Virgin Islands as above

described are declared an unincorporated territory of the United

States of America.

(b) Powers and legal status of government; capital and seat of

government

The government of the Virgin Islands shall have the powers set

forth in this chapter and shall have the right to sue by such name

and in cases arising out of contract, to be sued: Provided, That no

tort action shall be brought against the government of the Virgin

Islands or against any officer or employee thereof in his official

capacity without the consent of the legislature constituted by

subchapter III of this chapter.

The capital and seat of government of the Virgin Islands shall be

located at the city of Charlotte Amalie, in the island of Saint

Thomas.

The relations between such government and the Federal Government

in all matters not the program responsibility of another Federal

department or agency shall be under the general administrative

supervision of the Secretary of the Interior.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 2, 68 Stat. 497; Pub. L. 90-496, Sec.

13, Aug. 23, 1968, 82 Stat. 842.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b), was in the

original "this Act", meaning act July 22, 1954, ch. 558, 68 Stat.

497, as amended, known as the Revised Organic Act of the Virgin

Islands, which enacted this chapter, amended sections 104 and 111

of Title 21, Food and Drugs, and section 3350 of former Title 26,

Internal Revenue Code (see section 7652(b)(3) of Title 26), and

enacted provisions set out as notes under this section. For

complete classification of this Act to the Code, see Short Title

note below and Tables.

-MISC1-

AMENDMENTS

1968 - Subsec. (c). Pub. L. 90-496 added subsec. (c).

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment of provisions of section necessary to authorize the

holding of an election for Governor and Lieutenant Governor on Nov.

3, 1970, effective Jan. 1, 1970, and all other amendments of

provisions of section, unless otherwise expressly provided by Pub.

L. 90-496, effective Jan. 4, 1971, see section 16 of Pub. L.

90-496, set out as a note under section 1591 of this title.

EFFECTIVE DATE

Section 34 of act July 22, 1954, provided: "This Act [see Short

Title note below] shall take effect upon its approval [July 22,

1954], but until its provisions shall severally become operative as

herein provided, the corresponding legislative, executive, and

judicial functions of the existing government shall continue to be

exercised as now provided by law or ordinance, and the incumbents

of all offices under the government of the Virgin Islands shall

continue in office until their successors are appointed and have

qualified unless sooner removed by competent authority. The

enactment of this Act shall not affect the term of office of the

judge of the District Court of the Virgin Islands in office on the

date of its enactment [July 22, 1954]."

SHORT TITLE OF 1968 AMENDMENT

Section 17 of Pub. L. 90-496 provided that: "This Act [enacting

section 336 of Title 10, Armed Forces, amending this section and

sections 1561, 1572, 1573, 1574, 1575, 1591, 1593, 1595, 1597,

1599, and 1641 of this title, repealing sections 1594, 1596, and

1632 of this title, and enacting provisions set out as a note under

section 1591 of this title] may be cited as the 'Virgin Islands

Elective Governor Act'."

SHORT TITLE OF 1959 AMENDMENT

Pub. L. 86-289, Sec. 1, Sept. 16, 1959, 73 Stat. 568, provided:

"That this Act [amending sections 1573, 1597, and 1617 of this

title] may be cited as the 'Virgin Islands Organic Act Amendments

of 1959'."

SHORT TITLE

Section 1 of act July 22, 1954, provided that: "This Act

[enacting this chapter, amending sections 104 and 111 of Title 21,

Food and Drugs, and sections 3350 of former Title 26, Internal

Revenue Code (see section 7652(b)(3) of Title 26), and enacting

provisions set out as notes under this section] may be cited as the

'Revised Organic Act of the Virgin Islands'."

SEPARABILITY

Section 36 of act July 22, 1954, provided: "If any clause,

sentence, paragraph, or part of this Act [see Short Title note

above], or the application thereof to any person, or circumstances,

is held invalid, the application thereof to other persons, or

circumstances, and the remainder of the Act, shall not be affected

thereby."

CONGRESSIONAL APPROVAL OF PROPOSED CONSTITUTION FOR UNITED STATES

VIRGIN ISLANDS

Pub. L. 97-21, July 9, 1981, 95 Stat. 105, set out the text of

the Constitution for the United States Virgin Islands and provided

that the Constitution is approved for submission to the people of

the Virgin Islands in accordance with the provisions of Public Law

94-584, set out as a note preceding this section.

SUBMERGED LANDS, CONVEYANCE TO TERRITORY

Conveyance of submerged lands to the government of the Virgin

Islands, see section 1701 et seq. of this title.

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48 USC Sec. 1542 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1542. Voting franchise; discrimination prohibited

-STATUTE-

(a) The franchise shall be vested in residents of the Virgin

Islands who are citizens of the United States, twenty-one years of

age or over. Additional qualifications may be prescribed by the

legislature: Provided, however, That no property, language, or

income qualification shall ever be imposed upon or required of any

voter, nor shall any discrimination in qualification be made or

based upon difference in race, color, sex, or religious belief.

(b) The legislature shall have authority to enact legislation

establishing the voting age for residents of the Virgin Islands at

an age not lower than eighteen years of age, if a majority of the

qualified voters in the Virgin Islands approve in a referendum

election held for that purpose.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 4, 68 Stat. 498; Pub. L. 91-460, Oct.

16, 1970, 84 Stat. 978.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-460 designated existing provisions as subsec.

(a) and added subsec. (b).

-End-

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48 USC Sec. 1543 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1543. United States citizenship requirement for government

officials

-STATUTE-

All members of the Legislature of the Virgin Islands, the

Governor, the Lieutenant Governor, all judges and all officials of

the government of the Virgin Islands who report directly to the

Governor shall be citizens of the United States.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 29, 68 Stat. 509; Pub. L. 98-213,

Sec. 5(a), Dec. 8, 1983, 97 Stat. 1460.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-213 amended section generally, substituting

provisions requiring United States citizenship for all members of

the Legislature of the Virgin Islands, the Governor, Lieutenant

Governor and all officials who report directly to the Governor for

provisions requiring such citizenship for all officers of the

Virgin Islands, and struck out provisions requiring written oaths

and prescribing the oath.

-End-

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48 USC Sec. 1544 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1544. Reports by Governor; jurisdiction of Secretary of the

Interior; exceptions

-STATUTE-

All reports required by law to be made by the Governor to any

official of the United States shall hereafter be made to the

Secretary of the Interior, and the President is authorized to place

all matters pertaining to the government of the Virgin Islands

under the jurisdiction of the Secretary of the Interior, except

matters relating to the judicial branch of said government which on

July 22, 1954 are under the supervision of the Director of the

Administrative Office of the United States Courts, and the matters

relating to the United States Attorney and the United States

Marshal which on July 22, 1954 are under the supervision of the

Attorney General.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 30, 68 Stat. 509.)

-End-

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48 USC Sec. 1545 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1545. Lease and sale of public property; conveyance of title

in certain lands to the government of Virgin Islands

-STATUTE-

(a) The Secretary of the Interior shall be authorized to lease or

to sell upon such terms as he may deem advantageous to the

Government of the United States any property of the United States

under his administrative supervision in the Virgin Islands not

needed for public purposes.

(b)(1) All right, title, and interest of the United States in the

property placed under the control of the government of the Virgin

Islands by section 1405c(a) of this title, not reserved to the

United States by the Secretary of the Interior within one hundred

and twenty days after October 5, 1974, is hereby conveyed to such

government. The conveyance effected by the preceding sentence shall

not apply to that land and other property which on October 5, 1974,

is administered by the Secretary of the Interior as part of the

National Park System and such lands and other property shall be

retained by the United States.

(2) Subject to valid existing rights, title to all property in

the Virgin Islands which may have been acquired by the United

States from Denmark under the Convention entered into August 16,

1916, not reserved or retained by the United States in accordance

with the provisions of Public Law 93-435 (88 Stat. 1210) is hereby

transferred to the Virgin Islands government.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 31, 68 Stat. 510; Pub. L. 93-435,

Sec. 3, Oct. 5, 1974, 88 Stat. 1211; Pub. L. 96-205, title IV, Sec.

401(a), Mar. 12, 1980, 94 Stat. 88.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 93-435 (88 Stat. 1210), referred to in subsec. (b)(2),

is Pub. L. 93-435, Oct. 5, 1974, 88 Stat. 1210, as amended, which

enacted sections 1705 to 1708 of this title, amended this section,

and repealed sections 1701 to 1703 of this title. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-205 designated existing provisions

as par. (1) and added par. (2).

1974 - Subsec. (b). Pub. L. 93-435 substituted provisions

conveying to the government of Virgin Islands title in lands now

under its control with power to the Secretary of the Interior to

reserve rights to the United States within 120 days after Oct. 5,

1974, with the exception of land and property being administered by

the Secretary of the Interior as part of the National Park System,

for provisions that the government of Virgin Islands shall continue

to have control over all public property under its control on July

22, 1954.

SUBMERGED LANDS, CONVEYANCE TO TERRITORY

Conveyance of submerged lands to the government of the Virgin

Islands, see section 1701 et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1707, 1708 of this title.

-End-

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48 USC Sec. 1546 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1546. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated annually by the Congress

of the United States such sums as may be necessary and appropriate

to carry out the provisions and purposes of this chapter.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 35, 68 Stat. 510.)

-End-

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48 USC SUBCHAPTER II - BILL OF RIGHTS 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER II - BILL OF RIGHTS

-HEAD-

SUBCHAPTER II - BILL OF RIGHTS

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48 USC Sec. 1561 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER II - BILL OF RIGHTS

-HEAD-

Sec. 1561. Rights and prohibitions

-STATUTE-

No law shall be enacted in the Virgin Islands which shall deprive

any person of life, liberty, or property without due process of law

or deny to any person therein equal protection of the laws.

In all criminal prosecutions the accused shall enjoy the right to

be represented by counsel for his defense, to be informed of the

nature and cause of the accusation, to have a copy thereof, to have

a speedy, and public trial, to be confronted with the witnesses

against him, and to have compulsory process for obtaining witnesses

in his favor.

No person shall be held to answer for a criminal offense without

due process of law, and no person for the same offense shall be

twice put in jeopardy of punishment, nor shall be compelled in any

criminal cause to give evidence against himself; nor shall any

person sit as judge or magistrate in any case in which he has been

engaged as attorney or prosecutor.

All persons shall be bailable by sufficient sureties in the case

of criminal offenses, except for first-degree murder or any capital

offense when the proof is evident or the presumption great.

Excessive bail shall not be required, nor excessive fines

imposed, nor cruel and unusual punishment inflicted.

No law impairing the obligation of contracts shall be enacted.

No person shall be imprisoned or shall suffer forced labor for

debt.

All persons shall have the privilege of the writ of habeas corpus

and the same shall not be suspended except as herein expressly

provided.

No ex post facto law or bill of attainder shall be enacted.

Private property shall not be taken for public use except upon

payment of just compensation ascertained in the manner provided by

law.

The right to be secure against unreasonable searches and seizures

shall not be violated.

No warrant for arrest or search shall issue, but upon probable

cause, supported by oath or affirmation, and particularly

describing the place to be searched and the persons or things to be

seized.

Slavery shall not exist in the Virgin Islands.

Involuntary servitude, except as a punishment for crime whereof

the party shall have been duly convicted by a court of law, shall

not exist in the Virgin Islands.

No law shall be passed abridging the freedom of speech or of the

press or the right of the people peaceably to assembly (!1) and

petition the government for the redress of grievances.

No law shall be made respecting an establishment of religion or

prohibiting the free exercise thereof.

No person who advocates, or who aids or belongs to any party,

organization, or association which advocates, the overthrow by

force or violence of the government of the Virgin Islands or of the

United States shall be qualified to hold any office of trust or

profit under the government of the Virgin Islands.

No money shall be paid out of the Virgin Islands treasury except

in accordance with an Act of Congress or money bill of the

legislature and on warrant drawn by the proper officer.

The contracting of polygamous or plural marriages is prohibited.

The employment of children under the age of sixteen years in any

occupation injurious to health or morals or hazardous to life or

limb is prohibited.

Nothing contained in this chapter shall be construed to limit the

power of the legislature herein provided to enact laws for the

protection of life, the public health, or the public safety.

No political or religious test other than an oath to support the

Constitution and the laws of the United States applicable to the

Virgin Islands, and the laws of the Virgin Islands, shall be

required as a qualification to any office or public trust under the

Government of the Virgin Islands.

The following provisions of and amendments to the Constitution of

the United States are hereby extended to the Virgin Islands to the

extent that they have not been previously extended to that

territory and shall have the same force and effect there as in the

United States or in any State of the United States: article I,

section 9, clauses 2 and 3; article IV, section 1 and section 2,

clause 1; article VI, clause 3; the first to ninth amendments

inclusive; the thirteenth amendment; the second sentence of section

1 of the fourteenth amendment; and the fifteenth and nineteenth

amendments: Provided, however, 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 (!2) 1612(a)

and (c) of this title 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 1612(b) of this title or in the courts established by local

law shall continue to be prosecuted by information, except such as

may be required by local law to be prosecuted by indictment by

grand jury.

All laws enacted by Congress with respect to the Virgin Islands

and all laws enacted by the territorial legislature of the Virgin

Islands which are inconsistent with the provisions of this

subsection (!2) are repealed to the extent of such inconsistency.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 3, 68 Stat. 497; Pub. L. 85-851, Sec.

1, Aug. 28, 1958, 72 Stat. 1094; Pub. L. 90-496, Sec. 11, Aug. 23,

1968, 82 Stat. 841; Pub. L. 98-213, Sec. 5(d), Dec. 8, 1983, 97

Stat. 1460; Pub. L. 98-454, title VII, Sec. 701, Oct. 5, 1984, 98

Stat. 1737.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning act July 22, 1954, ch. 558, 68 Stat. 497, as amended,

known as the Revised Organic Act of the Virgin Islands, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

1541 of this title and Tables.

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-454 substituted provisions to the effect that

offenses prosecuted under section 1612(a) and (c) of this title

shall be prosecuted by indictment or information while those

prosecuted under section 1612(b) of this title shall be prosecuted

by information only, for provisions which provided that all

prosecutions would be by information except where provided

otherwise by local laws in the proviso in penultimate par.

1983 - Pub. L. 98-213 inserted "article VI, clause 3;" in

penultimate par.

1968 - Pub. L. 90-496 inserted provisions extending to the Virgin

Islands the enumerated provisions of and amendments to the

Constitution of the United States, and provisions repealing, to the

extent of any inconsistency, all laws enacted by Congress with

respect to the Virgin Islands and all laws enacted by the

territorial legislature of the Virgin Islands which are

inconsistent with the provisions of this section.

1958 - Pub. L. 85-851 prohibited political or religious test but

required loyalty oath as qualification to any office or public

trust.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 11 of Pub. L. 90-496 provided that the amendment made by

that section is effective on date of enactment of Pub. L. 90-496,

which was approved Aug. 23, 1968.

-FOOTNOTE-

(!1) So in original. Probably should be "assemble".

(!2) So in original. Probably should be "section".

-End-

-CITE-

48 USC SUBCHAPTER III - LEGISLATIVE BRANCH 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

SUBCHAPTER III - LEGISLATIVE BRANCH

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1541 of this title.

-End-

-CITE-

48 USC Sec. 1571 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1571. Legislature

-STATUTE-

(a) Designation and unicameral character

The legislative power and authority of the Virgin Islands shall

be vested in a legislature, consisting of one house, to be

designated the "Legislature of the Virgin Islands", herein referred

to as the legislature.

(b) Composition; legislative districts; method of elections

The legislature shall be composed of members to be known as

senators. The number of such senators shall be determined by the

laws of the Virgin Islands. The apportionment of the legislature

shall be as provided by the laws of the Virgin Islands: Provided,

That such apportionment shall not deny to any person in the Virgin

Islands the equal protection of the law: And provided further, That

every voter in any district election or at large election shall be

permitted to vote for the whole number of persons to be elected in

that district election or at large election as the case may be.

Until the legislature shall provide otherwise, four members shall

be elected at large, five shall be elected from the District of

Saint Thomas, five from the District of Saint Croix, and one from

the District of Saint John, as those Districts were constituted on

July 22, 1954,

-SOURCE-

(July 22, 1954, ch. 558, Sec. 5, 68 Stat. 498; Pub. L. 89-548, Sec.

1, Aug. 30, 1966, 80 Stat. 371; Pub. L. 106-364, Sec. 1, Oct. 27,

2000, 114 Stat. 1408.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-364 struck out "fifteen" after

"composed of" in first sentence and inserted "The number of such

senators shall be determined by the laws of the Virgin Islands."

after first sentence.

1966 - Subsec. (b). Pub. L. 89-548 raised from eleven to fifteen

the total number of senators in the legislature, substituted

provision that the legislature be apportioned according to the laws

of the Virgin Islands for provisions spelling out the division of

the Virgin Islands into districts, the composition of each such

district, and the district and at-large representation breakdown of

the senators in the legislature, struck out provision for the

casting of a ballot for two candidates by each elector in at-large

elections and the drawing of lots to determine placement on the

ballot in at-large elections, prohibited apportionment in a way

which would deny equal protection of the law, and provided for

temporary apportionment until the legislature provided otherwise

from the districts as constituted on July 22, 1954.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 2 of Pub. L. 89-548 provided that: "This Act [amending

this section] shall be effective with respect to the legislature to

be elected at the regular general election in November 1966, and

thereafter."

-End-

-CITE-

48 USC Sec. 1572 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1572. Legislators

-STATUTE-

(a) Terms of office

The term of office of each member of the legislature shall be two

years. The term of office of each member shall commence on the

second Monday in January following his election: Provided, however,

That the term of office of each member elected in November 1958

shall commence on the second Monday in April 1959 and shall

continue until the second Monday in April 1961, and the term of

office of each member elected in November 1960 shall commence on

the second Monday in April 1961 and continue until the second

Monday in January 1963.

(b) Qualifications of members

No person shall be eligible to be a member of the legislature who

is not a citizen of the United States, who has not attained the age

of twenty-one years, who is not a qualified voter in the Virgin

Islands, who has not been a bona fide resident of the Virgin

Islands for at least three years next preceding the date of his

election, or who has been convicted of a felony or of a crime

involving moral turpitude and has not received a pardon restoring

his civil rights. Federal employees and persons employed in the

legislative, executive or judicial branches of the government of

the Virgin Islands shall not be eligible for membership in the

legislature.

of boards of election

All officers and employees charged with the duty of directing the

administration of the electoral system of the Virgin Islands and

its representative districts shall be appointed in such manner as

the legislature may by law direct: Provided, however, That members

of boards of elections, which entities of government have been duly

organized and established by the government of the Virgin Islands,

shall be popularly elected.

(d) Immunity of members

No member of the legislature shall be held to answer before any

tribunal other than the legislature for any speech or debate in the

legislature and the members shall in all cases, except treason,

felony, or breach of the peace, be privileged from arrest during

their attendance at the sessions of the legislature and in going to

and returning from the same.

(e) Compensation and allowances

Each member of the legislature shall be paid such compensation

and shall receive such additional allowances or benefits as may be

fixed under the laws of the Virgin Islands. Such compensation,

allowances, or benefits, together with all other legislative

expenses, shall be appropriated by, and paid out of funds of, the

government of the Virgin Islands.

(f) Limitations on holding other office

No member of the legislature shall hold or be appointed to any

office which has been created by the legislature, or the salary or

emoluments of which have been increased, while he was a member,

during the term for which he was elected, or during one year after

the expiration of such term.

(g) General powers; parliamentary rules

The legislature shall be the sole judge of the elections and

qualifications of its members, shall have and exercise all the

authority and attributes, inherent in legislative assemblies, and

shall have the power to institute and conduct investigations, issue

subpena to witnesses and other parties concerned, and administer

oaths. The rules of the Legislative Assembly of the Virgin Islands

existing on July 22, 1954 shall continue in force and effect for

sessions of the legislature, except as inconsistent with this

chapter, until altered, amended, or repealed by the legislature.

(h) Vacancies

The Legislature of the Virgin Islands shall by law provide the

procedure for filling any vacancy in the office of member of the

legislature.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 6, 68 Stat. 499; Pub. L. 86-289, Sec.

2(a), (b), Sept. 16, 1959, 73 Stat. 568; Pub. L. 89-98, July 30,

1965, 79 Stat. 423; Pub. L. 90-496, Sec. 8(b), Aug. 23, 1968, 82

Stat. 839; Pub. L. 92-389, Aug. 17, 1972, 86 Stat. 563; Pub. L.

93-130, Sec. 1, Oct. 19, 1973, 87 Stat. 460.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (g), was in the original

"this Act", meaning act July 22, 1954, ch. 558, 68 Stat. 497, as

amended, known as the Revised Organic Act of the Virgin Islands,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 1541 of this title and Tables.

-MISC1-

AMENDMENTS

1973 - Subsec. (h). Pub. L. 93-130 substituted provision

authorizing the Legislature of Virgin Islands to provide by law the

procedure for filling vacancies in the membership of the

Legislature, for provisions authorizing the Governor of the Virgin

Islands to fill any such vacancy by appointment of resident of the

district from which the member whose office became vacant was

elected if the vacancy is that of a Senator and of resident of any

part of Virgin Islands if the vacancy is that of a Senator at

large, and that such appointee shall serve for the remainder of the

unexpired term.

1972 - Subsec. (b). Pub. L. 92-389 reduced the age qualification

for membership of legislature from twenty-five years to twenty-one

years.

1968 - Subsec. (c). Pub. L. 90-496 inserted proviso requiring

members of boards of elections, duly organized by the government,

to be popularly elected.

1965 - Subsec. (e). Pub. L. 89-98 substituted provisions

empowering the government of the Virgin Islands to fix and pay

legislative salaries and expenses for provisions which specifically

fixed these salaries and expenses and which required the United

States Government to pay them.

1959 - Subsec. (a). Pub. L. 86-289, Sec. 2(a), substituted, in

second sentence, "January" for "April", before "following his

election", and substituted, in proviso, "1958" for "1954", "April

1959" for "January 1955", and "1961, and the term of office of each

member elected in November 1960 shall commence on the second Monday

in April 1961 and continue until the second Monday in January 1963"

for "1957".

Subsec. (e). Pub. L. 86-289, Sec. 2(b), changed the date of

payment of salaries, increased the per diem from $10 to $20, and

provided that the per diem paid to members of the legislature for

official travel outside the Virgin Islands should not be at rates

in excess of those paid Federal Government employees.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 2 of Pub. L. 93-130 provided that: "The amendment made by

the first section of this Act [amending this section] shall apply

with respect to vacancies occurring on or after the date of

enactment of this Act [Oct. 19, 1973]."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment of provisions of section necessary to authorize the

holding of an election for Governor and Lieutenant Governor on Nov.

3, 1970, effective Jan. 1, 1970, and all other amendments of

provisions of section, unless otherwise expressly provided by Pub.

L. 90-496, effective Jan. 4, 1971, see section 16 of Pub. L.

90-496, set out as a note under section 1591 of this title.

-End-

-CITE-

48 USC Sec. 1573 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1573. Time, frequency, and duration of regular sessions;

special sessions; place of holding

-STATUTE-

(a) Regular sessions of the legislature shall be held annually,

commencing on the second Monday in January (unless the legislature

shall by law fix a different date), and shall continue for such

term as the legislature may provide. The Governor may call special

sessions of the legislature at any time when in his opinion the

public interest may require it. No legislation shall be considered

at any special session other than that specified in the call

therefor or in any special message by the Governor to the

legislature while in such session. All sessions of the legislature

shall be open to the public.

(b) Sessions of the legislature shall be held in the capital of

the Virgin Islands at Charlotte Amalie, Saint Thomas.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 7, 68 Stat. 500; Pub. L. 86-289, Sec.

2(c), Sept. 16, 1959, 73 Stat. 569; Pub. L. 90-496, Sec. 1, Aug.

23, 1968, 82 Stat. 837.)

-MISC1-

AMENDMENTS

1968 - Subsec. (a). Pub. L. 90-496 substituted provisions that

regular sessions of the legislature shall continue for such term as

the legislature may provide for provisions that regular sessions

shall continue for not more than sixty consecutive calendar days in

any calendar year, with the proviso that the regular annual session

for 1959, 1960, and 1961 shall commence on the second Monday in

April and shall continue for not more than sixty consecutive

calendar days, struck out provisions that any special session

called by the Governor shall continue for not more than fifteen

calendar days, with the aggregate of any such special sessions

during any calendar year not to exceed thirty calendar days, and

inserted provision opening to the public all sessions of the

legislature.

1959 - Subsec. (a). Pub. L. 86-289 substituted "January (unless

the legislature shall by law fix a different date)" for "April" and

"regular annual session for each of the years 1959, 1960, and 1961,

respectively, shall commence on the second Monday in April" for

"annual session for 1955 shall commence on the second Monday in

January 1955".

EFFECTIVE DATE OF 1968 AMENDMENT

Section 1 of Pub. L. 90-496 provided that the amendment made by

that section is effective on date of enactment of Pub. L. 90-496,

which was approved Aug. 23, 1968.

-End-

-CITE-

48 USC Sec. 1574 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1574. Legislative powers and activities

-STATUTE-

(a) Scope of authority; limitation on enactments and taxation

The legislative authority and power of the Virgin Islands shall

extend to all rightful subjects of legislation not inconsistent

with this chapter or the laws of the United States made applicable

to the Virgin Islands, but no law shall be enacted which would

impair rights existing or arising by virtue of any treaty or

international agreement entered into by the United States, nor

shall the lands or other property of nonresidents be taxed at a

higher rate than the lands or other property of residents.

(b) Government bonds; maximum amount; sale, interest, etc.

(i) The legislature of the government of the Virgin Islands may

cause to be issued on behalf of said government bonds or other

obligations for a public improvement or public undertaking

authorized by an act of the legislature. Such bonds or obligations

shall be payable solely from the revenues directly derived from and

attributable to such public improvement, public undertaking, or

other project. Bonds issued pursuant to paragraph (i) may bear such

date or dates, may be in such denominations, may mature in such

amounts and at such time or times, not exceeding thirty years from

the date thereof, may be payable at such place or places, may carry

such registration privileges as to either principal and interest,

or principal only, and may be executed by such officers and in such

manner as shall be prescribed by the government of the Virgin

Islands. Said bonds may be redeemable (either with or without

premium) or nonredeemable. In case any of the officers whose

signatures appear on the bonds or coupons shall cease to be such

officers before delivery of such bonds, such signature, whether

manual or facsimile shall, nevertheless, be valid and sufficient

for all purposes, the same as if such officers had remained in

office until such delivery. The bonds so issued shall bear interest

at a rate not to exceed that specified by the legislature, payable

semiannually. All such bonds issued by the government of the Virgin

Islands or by its authority shall be exempt as to principal and

interest from taxation by the Government of the United States, or

by the government of the Virgin Islands, or by any State,

Territory, or possession or by any political subdivision of any

State, Territory or possession, or by the District of Columbia.

Such bonds shall under no circumstances constitute a general

obligation of the Virgin Islands or of the United States.

(ii)(A) Subject to the provisions of this paragraph (ii), the

legislature of the government of the Virgin Islands may cause to be

issued such negotiable general obligation bonds or other evidence

of indebtedness, including but not limited to notes in anticipation

of the collection of taxes or revenues, as it may deem necessary

and advisable for any public purpose authorized by the legislature:

Provided, That no such indebtedness of the Virgin Islands shall be

incurred in excess of 10 per centum of the aggregate assessed

valuation of the taxable real property in the Virgin Islands. Bonds

issued pursuant to this paragraph (ii) shall bear such date or

dates, may be in such denominations, may mature in such amounts and

at such time or times, not exceeding thirty years from the date

thereof, may be payable at such place or places, may be sold at

either public or private sale, may be redeemable (either with or

without premium) or nonredeemable, may carry such registration

privileges as to either principal and interest, or principal only,

and may be executed by such officers and in such manner, as shall

be prescribed by the legislature of the government of the Virgin

Islands. In case any of the officers whose signatures appear on the

bonds or coupons shall cease to be such officers before delivery of

such bonds, such signature, whether manual or facsimile, shall

nevertheless be valid and sufficient for all purposes, the same as

if such officers had remained in office until such delivery. The

bonds so issued shall bear interest at a rate not to exceed that

specified by the legislature. All bonds issued by the government of

the Virgin Islands, including specifically interest thereon, shall

be exempt from taxation by the Government of the United States, or

by the government of the Virgin Islands or any political

subdivision thereof, or by any State, territory, or possession or

by any political subdivision of any State, territory, or

possession, or by the District of Columbia.

(B) Bonds or other obligations issued pursuant to this paragraph

(ii) shall not be a debt of the United States, nor shall the United

States be liable thereon.

(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 section 103(b)(2) (!1) of

title 26).

(B) Except as provided in subparagraph (C), any obligation 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.

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.

(E) For exclusion of interest for purposes of Federal income

taxation, see section 103 of title 26.

The laws of the United States applicable to the Virgin Islands on

July 22, 1954, including laws made applicable to the Virgin Islands

by or pursuant to the provisions of the Act of June 22, 1936 (49

Stat. 1807), and all local laws and ordinances in force in the

Virgin Islands, or any part thereof, on July 22, 1954 shall, to the

extent they are not inconsistent with this chapter, continue in

force and effect until otherwise provided by the Congress:

Provided, That the legislature shall have power, when within its

jurisdiction and not inconsistent with the other provisions of this

chapter, to amend, alter, modify, or repeal any local law or

ordinance, public or private, civil or criminal, continued in force

and effect by this chapter, except as herein otherwise provided,

and to enact new laws not inconsistent with any law of the United

States applicable to the Virgin Islands, subject to the power of

Congress to annul any such Act of the legislature.

(d), (e) Repealed. Pub. L. 97-357, title III, Sec. 305, Oct. 19,

1982, 96 Stat. 1709

(f) Customs duty; duty-free importation; effect on other customs

laws

(1) The Legislature of the Virgin Islands may impose on the

importation of any article into the Virgin Islands for consumption

therein a customs duty. The rate of any customs duty imposed on any

article under this subsection may not exceed -

(A) if an ad valorem rate, 6 per centum ad valorem; or

(B) if a specific rate or a combination ad valorem and specific

rate, the equivalent or 6 per centum ad valorem.

(2) Nothing in this subsection shall prohibit the Legislature of

the Virgin Islands from permitting the duty-free importation of any

article.

(3) Nothing in this subsection shall be construed as empowering

the Legislature of the Virgin Islands to repeal or amend any

provision in law in effect on the day before October 15, 1977,

which pertains to the customs valuation or customs classification

of articles imported into the Virgin Islands.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 8, 68 Stat. 500; Pub. L. 85-851,

Secs. 2, 3, 10, Aug. 28, 1958, 72 Stat. 1094, 1095; Pub. L. 88-180,

Nov. 19, 1963, 77 Stat. 335; Pub. L. 89-643, Oct. 13, 1966, 80

Stat. 890; Pub. L. 90-496, Sec. 15, Aug. 23, 1968, 82 Stat. 842;

Pub. L. 95-134, title III, Sec. 301(c), Oct. 15, 1977, 91 Stat.

1163; Pub. L. 97-357, title III, Sec. 305, Oct. 19, 1982, 96 Stat.

1709; Pub. L. 98-454, title II, Sec. 201, Oct. 5, 1984, 98 Stat.

1732; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.

L. 106-84, Sec. 1(a), (b)(1), (2), Oct. 28, 1999, 113 Stat. 1295.)

-REFTEXT-

REFERENCES IN TEXT

Section 103, referred to in subsec. (b)(iii)(A), which related to

interest on certain governmental obligations was amended generally

by Pub. L. 99-514, title XIII, Sec. 1301(a), Oct. 22, 1986, 100

Stat. 2602, and as so amended relates to interest on State and

local bonds. Section 103(b)(2), which prior to the general

amendment defined industrial development bond, relates to the

applicability of the interest exclusion to arbitrage bonds.

Act of June 22, 1936 (49 Stat. 1807), referred to in subsec. (c),

is act June 22, 1936, ch. 699, 49 Stat. 1807, as amended, known as

the Organic Act of the Virgin Islands of the United States, which

is classified generally to subchapter II (Sec. 1405 et seq.) of

chapter 7 of this title. For complete classification of this Act to

the Code, see section 1406m of this title and Tables.

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(ii)(A). Pub. L. 106-84, Sec. 1(a), inserted ",

including but not limited to notes in anticipation of the

collection of taxes or revenues," after "other evidence of

indebtedness", substituted "for any public purpose authorized by

the legislature: Provided, That no such" for "to construct,

improve, extend, better, repair, reconstruct, acquire, and equip

hospitals, schools, libraries, gymnasia, athletic fields, sewers,

sewage-disposal plants, and water systems: Provided, That no

public", and struck out "and payable semiannually. All such bonds

shall be sold for not less than the principal amount thereof plus

accrued interest" after "specified by the legislature".

Subsec. (b)(ii)(B), (C). Pub. L. 106-84, Sec. 1(b)(1), (2),

redesignated subpar. (C) as (B) and struck out former subpar. (B)

which read as follows: "The proceeds of the bond issues or other

obligations herein authorized shall be expended only for the public

improvements set forth in the preceding subparagraph, or for the

reduction of the debt created by such bond issue or obligation,

unless otherwise authorized by the Congress."

1986 - Subsec. (b)(iii)(E). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

1984 - Subsec. (b)(i), (iii). Pub. L. 98-454 struck out "shall be

sold at public sale and" before "may be redeemable" in fourth

sentence of par. (i) and added par. (iii).

1982 - Subsec. (d). Pub. L. 97-357 struck out subsec. (d) which

authorized the President of the United States to appoint a

commission of seven persons, at least three of whom were residents

of the Virgin Islands, to survey the field of Federal statutes and

to make recommendations to Congress within twelve months after July

22, 1954, as to which statutes of the United States not applicable

to the Virgin Islands on that date should be made applicable to the

Virgin Islands and which statutes of the United States applicable

to the Virgin Islands on that date should be declared inapplicable,

and provided compensation of this commission.

Subsec. (e). Pub. L. 97-357 struck out subsec. (e) which related

to arrangements by the Secretary of the Interior for the

preparation of a code of laws of the Virgin Islands.

1977 - Subsec. (f). Pub. L. 95-134 added subsec. (f).

1968 - Subsec. (b)(i). Pub. L. 90-496 struck out the provisions

that the total amount of revenue bonds which may be issued and

outstanding for all improvements and undertakings at any one time

shall not be in excess of $30,000,000, exclusive of all bonds and

undertakings held by the United States as a result of a sale of

real or personal property to the government of the Virgin Islands,

and with not more than $10,000,000 of such bonds or obligations to

be outstanding at any one time for public improvements or public

undertakings other than water or power projects, and substituted

provisions that the bonds so issued shall bear interest at a rate

not to exceed that specified by the legislature, payable

semiannually, for provisions that the bonds so issued shall bear

interest at a rate not to exceed 5% per annum, payable

semiannually, and that all such bonds shall be sold for not less

than the principal amount thereof plus accrued interest.

1966 - Subsec. (b)(i). Pub. L. 89-643 increased the borrowing

authority of the Virgin Islands by striking out limiting provisions

so as to require only that the object of a bond issue be a public

improvement or undertaking authorized by the legislature as opposed

to previous requirement of a legislative authorization for specific

improvements and legislative findings of need, substituted

provisions authorizing the issuance of bonds that are nonredeemable

or redeemable (either with or without premium) for provisions

requiring that bonds be redeemable after five years without

premium, raised the limitation on total amount of outstanding bonds

from a flat limitation of $10,000,000 to $30,000,000 exclusive of

all bonds or obligations which are held by the Government of the

United States as a result of a sale of real or personal property to

the government of the Virgin Islands, and inserted requirement that

not to exceed $10,000,000 of the bonds or obligations may be

outstanding at any one time for public improvement or public

undertakings other than water or power projects.

1963 - Subsec. (b). Pub. L. 88-180 redesignated existing

provisions as par. (i), struck out "The legislature shall have no

power to incur any indebtedness which may be a general obligation

of said government", and added par. (ii).

1958 - Subsec. (a). Pub. L. 85-851, Sec. 2, substituted "rightful

subjects of legislation" for "subjects of local application".

Subsec. (b). Pub. L. 85-851, Sec. 10, authorized issuance of

bonds for establishment, construction, operation, maintenance,

reconstruction, improvement, or enlargement of other projects and

payment of the bonds from revenues derived from the projects.

Subsec. (e). Pub. L. 85-851, Sec. 3, struck out "and any

supplements to it" after "Upon the enactment of the Virgin Islands

Code it".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-84, Sec. 3, Oct. 28, 1999, 113 Stat. 1295, provided

that:

"(a) In General. - Except as provided by subsection (b), the

amendments made by section 1 [amending this section and section

1574a of this title] shall apply to those instruments of

indebtedness issued by the Government of the Virgin Islands after

the date of the enactment of this Act [Oct. 28, 1999].

"(b) Effect of Failure To Reach Agreement. - If the agreement

authorized in section 2(a) [set out as a note under section 1631 of

this title] is not ratified by both parties on or before December

31, 1999, the amendments made by section 1 -

"(A) shall not apply to instruments of indebtedness issued by

the Government of the Virgin Islands on or after December 31,

1999; and

"(B) shall continue to apply to those instruments of

indebtedness issued by the Government of the Virgin Islands after

the date of the enactment of this Act and before December 31,

1999."

EFFECTIVE DATE OF 1968 AMENDMENT

Section 15 of Pub. L. 90-496 provided that the amendment made by

that section is effective on date of enactment of Pub. L. 90-496,

which was approved Aug. 23, 1968.

CONSTRUCTION

Pub. L. 106-84, Sec. 4, Oct. 28, 1999, 113 Stat. 1296, provided

that: "These amendments to the Revised Organic Act of the Virgin

Islands [amending this section] are not intended to modify the

internal revenue laws. Thus, the bonds authorized by this bill must

comply with subsection (c) of section 149 of the Internal Revenue

Code of 1986 [26 U.S.C. 149(c)] (which requires the new bonds

comply with the appropriate requirements of the Internal Revenue

Code)."

LEVYING AND COLLECTION OF EXCISE TAXES BY LEGISLATURE OF THE VIRGIN

ISLANDS

Pub. L. 96-205, title IV, Sec. 405, Mar. 12, 1980, 94 Stat. 89,

as amended by Pub. L. 97-357, title III, Sec. 302, Oct. 19, 1982,

96 Stat. 1709, provided that: "Any excise taxes levied by the

Legislature of the Virgin Islands may be levied and collected as

the Legislature of the Virgin Islands may direct as soon as the

articles, goods, merchandise, and commodities subject to said tax

are brought into the Virgin Islands. The officials of the Customs

and Postal Services of the United States are directed to assist the

appropriate officials of the United States Virgin Islands in the

collection of these taxes."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1574a of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

48 USC Sec. 1574-1 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1574-1. Applicability of laws referred to in section 502(a)(1)

of Covenant to Establish a Commonwealth of the Northern Mariana

Islands

-STATUTE-

Effective on the date when section 502 of the Covenant to

Establish a Commonwealth of the Northern Mariana Islands in

Political Union With the United States of America, approved by

joint resolution approved on March 24, 1976 (90 Stat. 263) goes

into force those laws which are referred to in section 502(a)(1) of

said Covenant, except for any laws administered by the Social

Security Administration, except for medicaid which is now

administered by the Health Care Financing Administration, and

except the Micronesian Claims Act of 1971 (85 Stat. 96) shall be

applicable to the territories of Guam and the Virgin Islands on the

same terms and conditions as such laws are applied to the Northern

Mariana Islands.

-SOURCE-

(Pub. L. 95-134, title IV, Sec. 403, Oct. 15, 1977, 91 Stat. 1163;

Pub. L. 95-135, Sec. 1, Oct. 15, 1977, 91 Stat. 1166.)

-REFTEXT-

REFERENCES IN TEXT

The Covenant to Establish a Commonwealth of the Northern Mariana

Islands in Political Union With the United States of America,

referred to in text, is contained in section 1 of Pub. L. 94-241,

set out as a note under section 1801 of this title. For Jan. 9,

1978, as the date section 502 of the Covenant came into force, see

Proc. No. 4534, Sec. 2, set out as a note under section 1801 of

this title.

The joint resolution approved on March 24, 1976, referred to in

text, is Pub. L. 94-241, Mar. 24, 1976, 90 Stat. 263, as amended,

which is classified generally to subchapter I (Sec. 1801 et seq.)

of chapter 17 of this title. For complete classification of this

Act to the Code, see Tables.

The Micronesian Claims Act of 1971, referred to in text, is Pub.

L. 92-39, July 1, 1971, 85 Stat. 92, as amended, which was

classified generally to section 2018 et seq. of Title 50, Appendix,

War and National Defense, and which was omitted from the Code as

terminated Aug. 3, 1976.

-COD-

CODIFICATION

Section is also classified to section 1421q-1 of this title.

Section was formerly set out as a note under section 1681 of this

title.

Section was not enacted as part of the Revised Organic Act of the

Virgin Islands which comprises this chapter.

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-135 amended section generally. Prior to

amendment, section read as follows: "Effective on October 15, 1977,

those laws, except for any laws administered by the Social Security

Administration and except for medicaid which is now administered by

the Health Care Financing Administration, which are referred to in

section 502(a)(1) (except for the reference to the Micronesian

Claims Act of 1971 (85 Stat. 96)) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

With the United States of America, approved by joint resolution

approved on March 24, 1976 (90 Stat. 263), and 502(a)(2) of said

Covenant shall be applicable to the territories of Guam and the

Virgin Islands on the same terms and conditions as such laws are

applied to the Commonwealth of the Northern Mariana Islands."

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-135 effective as of Oct. 15, 1977, see

section 2 of Pub. L. 95-135, set out as a note under section

1421q-1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1841 of this title.

-End-

-CITE-

48 USC Sec. 1574a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1574a. Revenue bonds or other obligations

-STATUTE-

(a) Authorization for issuance; use of proceeds; legislative

initiative and binding referendum vote

In addition to the authority conferred by section 1574(b) of this

title, the legislature of the government of the Virgin Islands is

authorized to cause to be issued bonds or other obligations of such

government in anticipation of revenues to be received under section

7652(b)(3) of title 26. The proceeds of such bonds or other

obligations may be used for any purpose authorized by an act of the

legislature. The legislature of the government of the Virgin

Islands may initiate, by majority vote of the members, a binding

referendum vote to approve or disapprove the amount of any such

bond or other obligation and/or any purpose for which such bond or

other obligation is authorized.

(b) Federal guarantee

The legislature of the government of the Virgin Islands may

provide, in connection with any issue of bonds or other obligations

authorized to be issued under subsection (a) of this section the

proceeds of which are to be used for public works or other capital

projects, that a guarantee of such bonds or obligations by the

United States should be applied for under section 1574b of this

title.

Except to the extent inconsistent with the provisions of this

Act, the provisions of section 1574(b)(ii) of this title (other

than the limitation contained in the proviso to the first sentence

of subparagraph (A)) shall apply to bonds and other obligations

authorized to be issued under subsection (a) of this section.

-SOURCE-

(Pub. L. 94-392, Sec. 1, Aug. 19, 1976, 90 Stat. 1193; Pub. L.

105-83, title I, Sec. 124(c), Nov. 14, 1997, 111 Stat. 1567; Pub.

L. 106-84, Sec. 1(b)(3), Oct. 28, 1999, 113 Stat. 1295.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c), is Pub. L. 94-392, Aug. 19,

1976, 90 Stat. 1193, as amended, which enacted sections 1574a to

1574d of this title, amended section 1397 of this title, and

enacted a provision set out as a note below. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

In subsec. (a), "section 7652(b)(3) of title 26" substituted for

"section 28(b) of such Act (26 U.S.C. 7652)", meaning section 28(b)

of the Revised Organic Act of the Virgin Islands (68 Stat. 508),

which was classified to section 3350(c) of former Title 26,

Internal Revenue Code, on authority of section 7852(b) of Title 26,

Internal Revenue Code, which provided that any reference in any

other law to a provision of the Internal Revenue Code of 1939 shall

be deemed a reference to the corresponding provision of the

Internal Revenue Code of 1986.

Section was not enacted as part of the Revised Organic Act of the

Virgin Islands which comprises this chapter.

-MISC1-

AMENDMENTS

1999 - Subsec. (d). Pub. L. 106-84 struck out subsec. (d) which

read as follows: "The legislature of the Government of the Virgin

Islands may cause to be issued notes in anticipation of the

collection of the taxes and revenues for the current fiscal year.

Such notes shall mature and be paid within one year from the date

they are issued. No extension of such notes shall be valid and no

additional notes shall be issued under this section until all notes

issued during a preceding year shall have been paid."

1997 - Subsec. (d). Pub. L. 105-83 added subsec. (d).

AUTHORIZATION OF APPROPRIATIONS

Section 6 of Pub. L. 94-392 provided that: "There are hereby

authorized to be appropriated such sums as may be necessary to

carry out the provisions of this Act [enacting this section and

sections 1574b to 1574d of this title and amending section 1397 of

this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1574b, 1574c, 1645 of

this title.

-End-

-CITE-

48 USC Sec. 1574b 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1574b. Federal guarantee for issuance of revenue bonds or

other obligations

-STATUTE-

(a) Application to Secretary of the Interior; contents

When authorized under subsection (b) of section 1574a of this

title, the government of the Virgin Islands may apply to the

Secretary of the Interior (hereinafter referred to as the

"Secretary") for a guarantee of any issue of bonds or other

obligations authorized to be issued under subsection (a) of section

1574a of this title. Any such application shall contain such

information as the Secretary may prescribe.

(b) Terms and conditions of guarantee or commitment to guarantee;

determination by Secretary of approval

The Secretary is authorized, with the approval of the Secretary

of the Treasury, to guarantee and to enter into commitments to

guarantee, upon such terms and conditions as he may prescribe,

payment of principal and interest on bonds and other obligations

issued by the government of the Virgin Islands under subsection (a)

of section 1574a of this title. No guarantee or commitment to

guarantee shall be made unless the Secretary determines -

(1) that the proceeds of such issue will be used only for

public works or other capital projects, except that $28,000,000

of the guaranteed bonding authority will be used for water

producing and power projects, including maintenance and overhaul

of electrical generating and distribution mechanisms, and

$12,000,000 of the guaranteed bonding authority will be used for

repair and improvements of the water distribution and storage

systems;

(2) taking into account anticipated expenditures by the

government of the Virgin Islands while the bonds or other

obligations forming a part of such issue will be outstanding, all

outstanding obligations of the government of the Virgin Islands

which will mature while the bonds or other obligations forming a

part of such issue will be outstanding, and such other factors as

he deems pertinent, that the revenues expected to be received

under section 7652(b)(3) of title 26 will be sufficient to pay

the principal of, and interest on, the bonds or other obligations

forming a part of such issue;

(3) that credit is not otherwise available on reasonable terms

and conditions and that there is reasonable assurance of

repayment, and

(4) that the maturity of any obligations to be guaranteed does

not exceed thirty years or 90 per centum of the useful life of

the physical assets to be financed by the obligation, whichever

is less as determined by the Secretary.

The Secretary shall charge and collect fees in amounts sufficient

in his judgment to cover the costs of administering this section.

Fees collected under this subsection shall be deposited in the

revolving fund created under subsection (g) of this section.

(d) Conclusiveness and incontestability; pledge of full faith and

credit

Any guarantee made by the Secretary shall be conclusive evidence

of the eligibility of the obligation for such guarantee, and the

validity of any guarantee so made shall be incontestable, except

for fraud or material misrepresentation, in the hands of the holder

of the guaranteed obligation. Such guarantee shall constitute a

pledge of the full faith and credit of the United States for such

obligation.

(e) Interest on guaranteed obligations taxable

The interest on any obligation guaranteed under this section

shall be included in gross income for purposes of chapter 1 of the

Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.].

(f) Maximum amount guaranteed; time limitations on commitments to

guarantee, obligation of guaranteed but unobligated funds, and

repayment of unobligated proceeds of bonds or other obligations

The aggregate principal amount of obligations which may be

guaranteed under this Act shall not exceed $101,000,000. No

commitment to guarantee may be issued by the Secretary, and no

guaranteed but unobligated funds may be obligated by the government

of the Virgin Islands after October 1, 1990. After October 1, 1990,

any unobligated proceeds of bonds or other obligations issued by

the government of the Virgin Islands pursuant to this section shall

be repaid immediately by the government of the Virgin Islands to

the lenders with the agreed upon interest. Should there be any

delay in the government of the Virgin Islands' making such

repayment, the Secretary shall deduct the requisite amounts from

moneys under his control that would otherwise be paid to the

government of the Virgin Islands under section 7652(b)(3) of title

26.

(g) Revolving fund; establishment; submission of budget to

Congress; payments; transfers from fund to general fund of

Treasury; issuance and sale of notes or other obligations for

guarantees

(1) There is hereby created within the Treasury a separate fund

(hereinafter referred to as "the fund") which shall be available to

the Secretary without fiscal year limitation as revolving fund for

the purpose of this Act. A business-type budget for the fund shall

be prepared, transmitted to the Congress, considered, and enacted

in the manner prescribed by law (sections 9103 and 9104 of title

31) for wholly owned Government corporations.

(2) All expenses, including reimbursements to other government

accounts, and payments pursuant to operations of the Secretary

under this Act shall be paid from the fund. If at any time the

Secretary determines that moneys in the fund exceed the present and

any reasonably prospective future requirements of the fund, such

excess may be transferred to the general fund of the Treasury.

(3) If at any time the moneys available in the fund are

insufficient to enable the Secretary to discharge his

responsibilities under guarantees under this Act, he shall issue to

the Secretary of the Treasury notes or other obligations in such

forms and denominations, bearing such maturities, and subject to

such terms and conditions, as may be prescribed by the Secretary of

the Treasury. Redemption of such notes or obligations shall be made

by the Secretary from appropriations which are hereby authorized

for this purpose. Such notes or other obligations shall bear

interest at a rate determined by the Secretary of the Treasury,

which shall not be less than a rate determined by taking into

consideration the average market yield on outstanding marketable

obligations of the United States of comparable maturities during

the month preceding the issuance of the notes or other obligations.

The Secretary of the Treasury shall purchase any notes or other

obligations issued hereunder and for that purpose he is authorized

to use as a public debt transaction the proceeds from the sale of

any securities issued under chapter 31 of title 31 and the purposes

for which securities may be issued under that chapter are extended

to include any purchase of such notes or obligations. The Secretary

of the Treasury may at any time sell any of the notes or other

obligations acquired by him under this subsection. All redemptions,

purchases, and sales by the Secretary of the Treasury of such notes

or other obligations shall be treated as public debt transactions

of the United States.

-SOURCE-

(Pub. L. 94-392, Sec. 2, Aug. 19, 1976, 90 Stat. 1193; Pub. L.

96-205, title IV, Sec. 407, Mar. 12, 1980, 94 Stat. 89; Pub. L.

98-146, title I, Nov. 4, 1983, 97 Stat. 931, 932; Pub. L. 98-213,

Sec. 4(b), Dec. 8, 1983, 97 Stat. 1460; Pub. L. 99-514, Sec. 2,

Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 1 of the Internal Revenue Code of 1986, referred to in

subsec. (e), means chapter 1 (Sec. 1 et seq.) of Title 26, Internal

Revenue Code.

This Act, referred to in subsecs. (f) and (g), is Pub. L. 94-392,

Aug. 19, 1976, 90 Stat. 1193, as amended, which enacted sections

1574a to 1574d of this title, amended section 1397 of this title,

and enacted a provision set out as a note under section 1574a of

this title. For complete classification of this Act to the Code,

see Tables.

-COD-

CODIFICATION

In subsecs. (b)(2) and (f), "section 7652(b)(3) of title 26"

substituted for "section 28(b) of the Revised Organic Act of the

Virgin Islands [68 Stat. 508]", which was classified to section

3350(c) of former Title 26, Internal Revenue Code, on authority of

section 7852(b) of Title 26, Internal Revenue Code, which provided

that any reference in any other law to a provision of the Internal

Revenue Code of 1939 be deemed a reference to the corresponding

provision of the Internal Revenue Code of 1986.

In subsec. (g)(1) and (3), "sections 9103 and 9104 of title 31"

substituted for "sections 102, 103, and 104 of the Government

Corporation Control Act (31 U.S.C. 847-849)", and "chapter 31 of

title 31" and "that chapter" were substituted for "the Second

Liberty Bond Act" and "that Act", respectively, on authority of

Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first

section of which enacted Title 31, Money and Finance.

Section was not enacted as part of the Revised Organic Act of the

Virgin Islands which comprises this chapter.

-MISC1-

AMENDMENTS

1986 - Subsec. (e). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

1983 - Subsec. (b)(1). Pub. L. 98-213, Sec. 4(b)(1), and Pub. L.

98-146, Sec. 100(1), made nearly identical amendments relating to

the use of the amounts of $28,000,000 and $12,000,000 of the

guaranteed bonding authority. The text reflects the amendment by

Pub. L. 98-213.

Subsec. (f). Pub. L. 98-213, Sec. 4(b)(2), and Pub. L. 98-146,

Sec. 100(2), amended subsec. (f) identically, substituting

"$101,000,000" for "$61,000,000" and "1990" for "1984" in two

places.

1980 - Subsec. (f). Pub. L. 96-205 substituted provisions

relating to prohibitions on commitments to guarantee by the

Secretary and obligation by the Virgin Islands government of

guaranteed but unobligated funds, and repayment by the government

of unobligated proceeds of bonds or other obligations after Oct. 1,

1984, for provisions relating to entering into under Pub. L.

94-392, after Oct. 1, 1979, of commitments to guarantee.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1574a, 1574c, 1645 of

this title.

-End-

-CITE-

48 USC Sec. 1574c 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1574c. Priority for payment of principal and interest of

revenue bonds or other obligations

-STATUTE-

Each issue of bonds or other obligations issued under subsection

(a) of section 1574a of this title shall have a parity lien with

every other issue of bonds or other obligations issued for payment

of principal and interest out of revenues received under section

7652(b)(3) of title 26, except that issues guaranteed under section

1574b of this title shall have priority, according to the date of

issue, over issues not so guaranteed and the revenues received

under section 7652(b)(3) of title 26 shall be pledged for the

payment of such bonds or other obligations.

-SOURCE-

(Pub. L. 94-392, Sec. 3, Aug. 19, 1976, 90 Stat. 1195; Pub. L.

105-83, title I, Sec. 124(a), Nov. 14, 1997, 111 Stat. 1567.)

-COD-

CODIFICATION

"Section 7652(b)(3) of title 26" substituted in text for "section

28(b) of the Revised Organic Act of the Virgin Islands [68 Stat.

508]", which was classified to section 3350(c) of former Title 26,

Internal Revenue Code, on authority of section 7852(b) of Title 26,

Internal Revenue Code, which provided that any reference in any

other law to a provision of the Internal Revenue Code of 1939 be

deemed a reference to the corresponding provision of the Internal

Revenue Code of 1986.

Section was not enacted as part of the Revised Organic Act of the

Virgin Islands which comprises this chapter.

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-83 substituted "a parity lien with every other

issue of bonds or other obligations issued for payment" for

"priority for payment" and struck out "in the order of the date of

issue" before ", except that".

EFFECTIVE DATE OF 1997 AMENDMENT

Section 124(b) of Pub. L. 105-83 provided that: "The amendments

made by subsection (a) [amending this section] shall apply to

obligations issued on or after the date of enactment of this

section [Nov. 14, 1997]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1645 of this title.

-End-

-CITE-

48 USC Sec. 1574d 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1574d. Repealed. Pub. L. 97-357, title III, Sec. 308(g), Oct.

19, 1982, 96 Stat. 1710

-MISC1-

Section, Pub. L. 94-392, Sec. 4, Aug. 19, 1976, 90 Stat. 1195,

related to grants to government of Virgin Islands for operation of

such government and limitation on amount of such grants.

-End-

-CITE-

48 USC Sec. 1575 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1575. Legislative procedure

-STATUTE-

(a) Quorum and method of voting on bills

The number of members of the legislature needed to constitute a

quorum shall be determined by the laws of the Virgin Islands. No

bill shall become a law unless it shall have been passed at a

meeting, at which a quorum was present, by the affirmative vote of

a majority of the members present and voting, which vote shall be

by yeas and nays.

(b) Enacting clause of acts

The enacting clause of all acts shall be as follows: "Be it

enacted by the Legislature of the Virgin Islands".

The Governor shall submit at the opening of each regular session

of the legislature a message on the state of the Virgin Islands and

a budget of estimated receipts and expenditures, which shall be the

basis of the appropriation bills for the ensuing fiscal year, which

shall commence on the first day of July or such other date as the

Legislature of the Virgin Islands may determine.

(d) Approval and disapproval of bills

Every bill passed by the legislature shall, before it becomes a

law, be presented to the Governor. If the Governor approves the

bill, he shall sign it. If the Governor disapproves the bill, he

shall, except as hereinafter provided, return it, with his

objections, to the legislature within ten days (Sundays excepted)

after it shall have been presented to him. If the Governor does not

return the bill within such period, it shall be a law in like

manner as if he had signed it, unless the legislature by

adjournment prevents its return, in which case it shall be a law if

signed by the Governor within thirty days after it shall have been

presented to him; otherwise it shall not be a law. When a bill is

returned by the Governor to the legislature with his objections,

the legislature shall enter his objections at large on its journal

and, upon motion of a member of the legislature, proceed to

reconsider the bill. If, after such reconsideration, two-thirds of

all the members of the legislature pass the bill, it shall be a

law. If any bill presented to the Governor contains several items

of appropriation of money, he may object to one or more of such

items, or any part or parts, portion or portions thereof, while

approving the other items, parts, or portions of the bill. In such

a case he shall append to the bill, at the time of signing it, a

statement of the items, or parts or portions thereof, to which he

objects, and the items, or parts or portions thereof, so objected

to shall not take effect, unless the legislature, after

reconsideration upon motion of a member thereof, passes such items,

parts, or portions so objected to by a vote of two-thirds of all

the members of the legislature.

(e) Use of prior appropriations upon failure to pass appropriation

bills

If at the termination of any fiscal year the legislature shall

have failed to pass appropriation bills providing for payment of

the obligations and necessary current expenses of the government of

the Virgin Islands for the ensuing fiscal year, then the several

sums appropriated in the last appropriation bills for the objects

and purposes therein specified, so far as the same may be

applicable, shall be deemed to be reappropriated item by item.

(f) Journal of proceedings; contents

The legislature shall keep a journal of its proceedings and

publish the same. Every bill passed by the legislature and the yeas

and nays on any question shall be entered on the journal.

(g) Transmittal of laws to Congress

A listing of all laws enacted by the legislature each year shall

be transmitted with the annual report to Congress required pursuant

to section 1591 of this title.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 9, 68 Stat. 501; Pub. L. 90-496,

Secs. 2, 3, Aug. 23, 1968, 82 Stat. 837; Pub. L. 95-134, title III,

Sec. 301(b), Oct. 15, 1977, 91 Stat. 1163; Pub. L. 95-348, Sec.

4(c)(1), Aug. 18, 1978, 92 Stat. 490; Pub. L. 96-470, title II,

Sec. 206(d), Oct. 19, 1980, 94 Stat. 2244; Pub. L. 106-364, Sec. 2,

Oct. 27, 2000, 114 Stat. 1408.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-364 amended first sentence

generally. Prior to amendment, first sentence read as follows: "The

quorum of the legislature shall consist of eight of its members."

1980 - Subsec. (g). Pub. L. 96-470 substituted provision

requiring a listing of all laws enacted by the legislature each

year be transmitted with the annual report to Congress required by

section 1591 of this title for provision requiring copies of all

laws enacted by the legislature be transmitted within 15 days of

their enactment by the Governor to the Secretary of the Interior

and by the Secretary annually to Congress.

1978 - Subsec. (c). Pub. L. 95-348 inserted provision authorizing

the Virgin Islands Legislature to determine other dates on which

the fiscal year shall commence.

1977 - Subsec. (d). Pub. L. 95-134 inserted ", unless the

legislature, after reconsideration upon motion of a member thereof,

passes such items, parts, or portions so objected to by a vote of

two-thirds of all the members of the legislature" after "shall not

take effect".

1968 - Subsec. (a). Pub. L. 90-496, Sec. 2, increased the quorum

requirement from seven to eight members.

Subsec. (d). Pub. L. 90-496, Sec. 3, inserted requirement that

when a bill is returned by the Governor to the legislature, a

motion of a member of the legislature is necessary for the

legislature to reconsider the bill, and substituted provisions that

if, after reconsideration by the legislature, two-thirds of all the

members of the legislature pass a bill returned by the Governor, it

shall be a law for provisions that if, after reconsideration by the

legislature, two-thirds of all the members of the legislature agree

to pass the bill, it shall be presented anew to the Governor for

his approval, provisions that if the Governor does not approve the

bill, the bill shall be sent to the President of the United States

for his approval, provisions that if the President disapproves the

bill, the bill shall be returned to the Governor, stating the

President's disapproval, and it shall not be a law, and provisions

that if the President neither approves nor disapproves the bill

within 90 days after it was sent to him by the Governor, the bill

shall be a law as if the President had signed it.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 2 of Pub. L. 90-496 provided that the amendment made by

that section is effective on date of enactment of Pub. L. 90-496,

which was approved Aug. 23, 1968.

Amendment of provisions of section necessary to authorize the

holding of an election for Governor and Lieutenant Governor on Nov.

3, 1970, effective Jan. 1, 1970, and all other amendments of

provisions of section, unless otherwise expressly provided by Pub.

L. 90-496, effective Jan. 4, 1971, see section 16 of Pub. L.

90-496, set out as a note under section 1591 of this title.

-End-

-CITE-

48 USC Sec. 1576 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER III - LEGISLATIVE BRANCH

-HEAD-

Sec. 1576. General elections; time; transfer of Council functions,

property, etc.

-STATUTE-

The next general election in the Virgin Islands shall be held on

November 2, 1954. At such time there shall be chosen the entire

membership of the legislature as herein provided. Thereafter the

general elections shall be held on the first Tuesday after the

first Monday in November, beginning with the year 1956, and every

two years thereafter. The Municipal Council of Saint Thomas and

Saint John, and the Municipal Council of Saint Croix, existing on

July 22, 1954, shall continue to function until January 10, 1955,

at which time all of the functions, property, personnel, records,

and unexpended balances of appropriations and funds of the

governments of the municipality of Saint Thomas and Saint John and

the municipality of Saint Croix shall be transferred to the

government of the Virgin Islands.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 10, 68 Stat. 502.)

-End-

-CITE-

48 USC SUBCHAPTER IV - EXECUTIVE BRANCH 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

SUBCHAPTER IV - EXECUTIVE BRANCH

-End-

-CITE-

48 USC Sec. 1591 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

Sec. 1591. Governor and Lieutenant Governor; election; eligibility;

official residence; powers and duties; report

-STATUTE-

The executive power of the Virgin Islands shall be vested in an

executive officer whose official title shall be the "Governor of

the Virgin Islands". The Governor of the Virgin Islands, together

with the Lieutenant Governor, shall be elected by a majority of the

votes cast by the people who are qualified to vote for the members

of the legislature of the Virgin Islands. The Governor and

Lieutenant Governor shall be chosen jointly, by the casting by each

voter of a single vote applicable to both officers. If no

candidates receive a majority of the votes cast in any election, on

the fourteenth day thereafter a run-off election shall be held

between the candidates for Governor and Lieutenant Governor

receiving the highest and second highest number of votes cast. The

first election for Governor and Lieutenant Governor shall be held

on November 3, 1970. Thereafter, beginning with the year 1974, the

Governor and Lieutenant Governor shall be elected every four years

at the general election. The Governor and Lieutenant Governor shall

hold office for a term of four years and until their successors are

elected and qualified. No person who has been elected Governor for

two full successive terms shall be again eligible to hold that

office until one full term has intervened. The term of the elected

Governor and Lieutenant Governor shall commence on the first Monday

of January following the date of election.

No person shall be eligible for election to the office of

Governor or Lieutenant Governor unless he is an eligible voter and

has been for five consecutive years immediately preceding the

election a citizen of the United States and a bona fide resident of

the Virgin Islands and will be, at the time of taking office, at

least thirty years of age. The Governor shall maintain his official

residence in the Government House on Saint Thomas during his

incumbency, which house, together with land appurtenant thereto, is

hereby transferred to the government of the Virgin Islands. While

in Saint Croix the Governor may reside in Government House on Saint

Croix, which house, together with land appurtenant thereto is also

transferred to the government of the Virgin Islands.

The Governor shall have general supervision and control of all

the departments, bureaus, agencies, and other instrumentalities of

the executive branch of the government of the Virgin Islands. He

may grant pardons and reprieves and remit fines and forfeitures for

offenses against local laws. He may veto any legislation as

provided in this chapter. He shall appoint, and may remove, all

officers and employees of the executive branch of the government of

the Virgin Islands, except as otherwise provided in this or any

other Act of Congress, or under the laws of the Virgin Islands, and

shall commission all officers that he may be authorized to appoint.

He shall be responsible for the faithful execution of the laws of

the Virgin Islands and the laws of the United States applicable in

the Virgin Islands. Whenever it becomes necessary, in case of

disaster, invasion, insurrection, or rebellion or imminent danger

thereof, or to prevent or suppress lawless violence, he may summon

the posse comitatus or call out the militia or request assistance

of the senior military or naval commander of the Armed Forces of

the United States in the Virgin Islands or Puerto Rico, which may

be given at the discretion of such commander if not disruptive of,

or inconsistent with, his Federal responsibilities. He may, in case

of rebellion or invasion or imminent danger thereof, when the

public safety requires it, proclaim the islands, insofar as they

are under the jurisdiction of the government of the Virgin Islands,

to be under martial law. The members of the legislature shall meet

forthwith on their own initiative and may, by a two-thirds vote,

revoke such proclamation.

The Governor shall prepare, publish, and submit to the Congress

and the Secretary of the Interior a comprehensive annual financial

report in conformance with the standards of the National Council on

Governmental Accounting within one hundred and twenty days after

the close of the fiscal year. The comprehensive annual financial

report shall include statistical data as set forth in the standards

of the National Council on Governmental Accounting relating to the

physical, economic, social, and political characteristics of the

government, and any other information required by the Congress. The

Governor shall also make such other reports at such other times as

may be required by the Congress or under applicable Federal law. He

shall have the power to issue executive orders and regulations not

in conflict with any applicable law. He may recommend bills to the

legislature and give expression to his views on any matter before

that body.

There is hereby established the office of Lieutenant Governor of

the Virgin Islands. The Lieutenant Governor shall have such

executive powers and perform such duties as may be assigned to him

by the Governor or prescribed by this chapter or under the laws of

the Virgin Islands.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 11, 68 Stat. 503; Pub. L. 90-496,

Sec. 4, Aug. 23, 1968, 82 Stat. 837; Pub. L. 97-357, title III,

Sec. 309(a), Oct. 19, 1982, 96 Stat. 1710; Pub. L. 98-454, title V,

Sec. 502, Oct. 5, 1984, 98 Stat. 1735; Pub. L. 105-362, title IX,

Sec. 901(n), Nov. 10, 1998, 112 Stat. 3290.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning act July 22, 1954, ch. 558, 68 Stat. 497, as amended,

known as the Revised Organic Act of the Virgin Islands, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

1541 of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-362, in fourth paragraph, struck out "The

Governor shall transmit the comprehensive annual financial report

to the Inspector General of the Department of the Interior who

shall audit it and report his findings to the Congress." after

"other information required by the Congress." and "He shall also

submit to the Congress, the Secretary of the Interior, and the

cognizant Federal auditors a written statement of actions taken or

contemplated on Federal audit recommendations within sixty days

after the issuance date of the audit report." after "under

applicable Federal law."

1984 - Pub. L. 98-454 substituted "Saint Croix, which house,

together with land appurtenant thereto is also transferred to the

government of the Virgin Islands" for "Saint Croix free of rent" in

second paragraph.

1982 - Pub. L. 97-357, in fourth paragraph, substituted

provisions relating to the preparation, etc., of a comprehensive

annual financial report to be submitted to the Congress, the

Secretary of the Interior, and the Inspector General of the

Department of the Interior, preparation of other reports as

required by Congress or applicable Federal law, and submittal of a

written statement of actions taken or contemplated on Federal audit

recommendations for provisions relating to an annual report of

transactions of the Virgin Islands government to the Secretary of

the Interior for transmittal to Congress and such other reports as

required by Congress or applicable Federal law.

1968 - Pub. L. 90-496 amended section generally, providing for

the popular election of the Governor and Lieutenant Governor,

setting the date of the first election, defining the scope of their

authority, setting out the duties of their offices, specifying the

qualifications for the offices of Governor and Lieutenant Governor,

and providing that an elected Governor may serve two full

successive terms but shall not be again eligible to hold that

office until one full term has intervened.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 16 of Pub. L. 90-496 provided that: "Those provisions of

this Act [see Short Title note set out under section 1541 of this

title] necessary to authorize the holding of an election for

Governor and Lieutenant Governor on November 3, 1970, shall be

effective January 1, 1970. All other provisions of this Act, unless

otherwise expressly provided herein, shall be effective January 4,

1971."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in the 1st

sentence of the 4th par. of this section relating to the

requirement that the Governor submit a comprehensive annual

financial report to Congress, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 11th item on page 115 of House Document No.

103-7.

SUBMERGED LANDS, CONVEYANCE TO TERRITORY

Conveyance of submerged lands to the government of the Virgin

Islands, see section 1701 et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1575 of this title.

-End-

-CITE-

48 USC Sec. 1592 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

Sec. 1592. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 657

-MISC1-

Section, act July 22, 1954, ch. 558, Sec. 20(a), 68 Stat. 505,

prescribed compensation of Governor.

-COD-

CODIFICATION

Section 20 of act July 22, 1954, was amended in its entirety by

section 10 of Pub. L. 90-496, Aug. 23, 1968, 82 Stat. 841, which

consolidated the text of said section 20 into a single unlettered

paragraph, classified to section 1641 of this title. Prior to the

1968 amendment said section 20 was comprised of subsecs. (a) to

(c). Subsec. (a) was classified to this section, and subsecs. (b)

and (c) were classified to sections 1598 and 1641, respectively, of

this title.

-End-

-CITE-

48 USC Sec. 1593 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

Sec. 1593. Initiative and recall

-STATUTE-

(a) Grant of rights

The people of the Virgin Islands shall have the rights of

initiative and recall to be exercised as provided in subsection (b)

and subsection (c) of this section, respectively.

(b) Initiative

(1) An initiative may enact, amend, or repeal any law, except

that an initiative shall not be used to repeal a law declared by

the legislature at the time of passage to be an emergency law

necessary for the preservation of the public health, safety, or

peace.

(2) An initiative that proposes a reduction of taxes shall also

provide for an equivalent reduction of expenditures or an

equivalent increase in revenues from other sources.

(3) An initiative shall address one subject only and matters

reasonably related to that subject.

(4) The ballot question shall be in such form that a "yes" vote

is a vote in favor of the proposal and a "no" vote is a vote

against the proposal.

(5) A copy of the proposed initiative petition, including a

complete text of the proposed law and containing signatures equal

to at least 1 percent of the voters of each legislative district or

4 percent of all voters of the Virgin Islands must be submitted to

the Supervisor of Elections prior to circulation for ballot

qualification. The Supervisor of Elections must determine within 10

days after the submission whether the preliminary signatures are

sufficient. If so determined, the Supervisor of Elections shall

refer the preliminary petition to an initiative titling board

consisting of the Attorney General, the Supervisor of Elections,

and the legislative counsel of the legislature. The board shall, in

an open hearing, prepare the official ballot title, the submission

question, and a summary of the initiative proposal, and this

preparation shall be completed within 30 days after the referral.

(6) After the ballot title has been written, proponents of the

initiative proposal shall have a maximum of 180 days to circulate

the petition. Petitions containing signatures equal to at least 10

percent of the voters of each legislative district or 41 percent of

all voters of the Virgin Islands must be submitted to the

Supervisor of Elections. The Supervisor shall have 15 days to

determine that the minimum number of valid signatures are contained

in the petition and he shall forward the certified proposal to the

legislature which must accept or reject the measure within 30 days.

If approved, the initiative shall take effect in accordance with

its terms. If the legislature does not approve, the initiative

shall be submitted to the voters at the next general election,

unless the legislature approves a special election for this

purpose. The legislature may submit its own version of the

initiative to the voters. Should both measures be approved by the

voters, the measure receiving the higher number of votes shall

prevail. The voters shall have a clear alternative of rejecting

either version or the entire proposition.

(7) An initiative submitted to the voters shall take effect if

the initiative is approved by a majority of persons voting and if a

majority of the voters of the Virgin Islands vote on the

initiative. An initiative may not be vetoed by the Governor, and

when approved by the voters, may not be amended or repealed by the

legislature during the 3-year period after its approval unless the

legislature acts by a two-thirds majority.

(8) The legislature may provide the manner in which petitions

shall be circulated, filed, certified, and the ballot question

shall be submitted to the voters.

(1) An elected public official of the Virgin Islands may be

removed from office by a recall election carried out under this

subsection. The grounds for recall are any of the following: lack

of fitness, incompetence, neglect of duty, or corruption.

(2) A recall election may be initiated by a two-thirds vote of

the members of the legislature or by a petition under this

subsection.

(3) Prior to circulation a recall petition which identifies by

name and office the official being recalled and which states the

grounds for recall shall be submitted to the Supervisor of

Elections. The sponsors of the recall petition shall be allowed a

period of 60 days after such submission for filing with the

Supervisor of Elections a list of signatures equal in number to at

least 50 percent of the whole number of votes cast for that office

in the last general election at which that office was filled. The

Supervisor of Elections shall have 15 days in which to determine

whether the minimum number of valid signatures are contained in the

recall petition.

(4) A special recall election shall be held with respect to an

elected public official not earlier than 30 days after a vote of

the legislature under paragraph (2) or a determination of the board

of elections under paragraph (3), as the case may be, and not later

than 60 days after such vote or determination.

(5) An official shall be removed from office upon approval of the

recall in an election in which at least two-thirds of the number of

persons voting for such official in the last preceding general

election at which such official was elected vote in favor of recall

and in which those so voting constitute a majority of all those

participating in such recall election.

(6) No recall election shall be held with respect to an elected

public official -

(A) during the first year of the first term of office of the

official; or

(B) less than 3 months before a general election for the

office.

(d) "Law" and "voter" defined

As used in this section, the term -

(1) "law" means a law of the Virgin Islands; and

(2) "voter" means a registered voter who is eligible to vote on

the issue or for the office involved.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 12, 68 Stat. 503; Pub. L. 90-496,

Sec. 5, Aug. 23, 1968, 82 Stat. 838; Pub. L. 99-396, Sec. 1, Aug.

27, 1986, 100 Stat. 837.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-396 amended section generally, substituting

provisions giving people of Virgin Islands the rights of initiative

and recall and spelling out ways in which those rights are to be

exercised for provisions which had formerly only set out a method

for removal of Governor by referendum election.

1968 - Pub. L. 90-496 substituted provisions authorizing the

removal of the Governor from office by a recall referendum for

provisions authorizing the appointment of a Government Secretary

for the Virgin Islands, and provisions setting forth his powers and

duties.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment of provisions of section necessary to authorize the

holding of an election for Governor and Lieutenant Governor on Nov.

3, 1970, effective Jan. 1, 1970, and all other amendments of

provisions of section, unless otherwise expressly provided by Pub.

L. 90-496, effective Jan. 4, 1971, see section 16 of Pub. L.

90-496, set out as a note under section 1591 of this title.

-End-

-CITE-

48 USC Sec. 1594 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

Sec. 1594. Repealed. Pub. L. 90-496, Sec. 6, Aug. 23, 1968, 82

Stat. 839

-MISC1-

Section, act July 22, 1954, ch. 558, Sec. 13, 68 Stat. 503,

authorized the Governor to appoint an administrative assistant to

reside in St. Croix and an administrative assistant to reside in

St. John.

EFFECTIVE DATE OF REPEAL

Section 6 of Pub. L. 90-496 provided in part that the repeal of

this section is effective on the date of enactment of Pub. L.

90-496, which was approved Aug. 23, 1968.

-End-

-CITE-

48 USC Sec. 1595 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

Sec. 1595. Vacancy in office of Governor or Lieutenant Governor

-STATUTE-

(a) Temporary disability or temporary absence of Governor

In case of the temporary disability or temporary absence of the

Governor, the Lieutenant Governor shall have the powers of the

Governor.

(b) Permanent vacancy in office of Governor; Lieutenant Governor as

Governor; term of office

In case of a permanent vacancy in the office of Governor, arising

by reason of the death, resignation, removal by recall or permanent

disability of the Governor, or the death, resignation, or permanent

disability of a Governor-elect, or for any other reason, the

Lieutenant Governor or Lieutenant Governor-elect shall become the

Governor, to hold office for the unexpired term and until he or his

successor shall have been duly elected and qualified at the next

regular election for Governor.

Governor; president of legislature as Lieutenant Governor

In case of the temporary disability or temporary absence of the

Lieutenant Governor, or during any period when the Lieutenant

Governor is acting as Governor, the president of the legislature

shall act as Lieutenant Governor.

(d) Permanent vacancy in office of Lieutenant Governor; Governor to

appoint new Lieutenant Governor with advice and consent of

legislature; term of office

In case of a permanent vacancy in the office of Lieutenant

Governor, arising by reason of the death, resignation, or permanent

disability of the Lieutenant Governor, or because the Lieutenant

Governor or Lieutenant Governor-elect has succeeded to the office

of Governor, the Governor shall appoint a new Lieutenant Governor,

with the advice and consent of the legislature, to hold office for

the unexpired term and until he or his successor shall have been

duly elected and qualified at the next regular election for

Lieutenant Governor.

(e) Temporary disability or temporary absence of Governor and

Lieutenant Governor; appointment of Acting Governor; permanent

vacancies in offices of Governor and Lieutenant Governor;

appointment of Governor

In case of the temporary disability or temporary absence of both

the Governor and the Lieutenant Governor, the powers of the

Governor shall be exercised, as Acting Governor, by such person as

the laws of the Virgin Islands may prescribe. In case of a

permanent vacancy in the offices of both the Governor and

Lieutenant Governor, the office of Governor shall be filled for the

unexpired term in the manner prescribed by the laws of the Virgin

Islands.

(f) Additional compensation

No additional compensation shall be paid to any person acting as

Governor or Lieutenant Governor who does not also assume the office

of Governor or Lieutenant Governor under the provisions of this

chapter.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 14, 68 Stat. 504; Pub. L. 90-496,

Sec. 7(a), Aug. 23, 1968, 82 Stat. 839.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-496 designated existing provisions as subsec.

(a), substituted provisions that in case of the temporary

disability or temporary absence of the Governor, the Lieutenant

Governor shall have the powers of the Governor for provisions that

in case of a vacancy in the office of Governor or the disability of

the Governor or the temporary absence of the Governor, the

Government Secretary shall have all the powers of the Governor, and

added subsecs. (b) to (f).

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment of provisions of section necessary to authorize the

holding of an election for Governor and Lieutenant Governor on Nov.

3, 1970, effective Jan. 1, 1970, and all other amendments of

provisions of section, unless otherwise expressly provided by Pub.

L. 90-496, effective Jan. 4, 1971, see section 16 of Pub. L.

90-496, set out as a note under section 1591 of this title.

-End-

-CITE-

48 USC Sec. 1596 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

Sec. 1596. Repealed. Pub. L. 104-186, title II, Sec. 224(3), Aug.

20, 1996, 110 Stat. 1752

-MISC1-

Section, act July 22, 1954, ch. 558, Sec. 15, as added May 27,

1975, Pub. L. 94-26, Sec. 2, 89 Stat. 94, related to clerk hire

allowance and reimbursement for transportation expenses of the

Delegate from the Virgin Islands to the House of Representatives.

-End-

-CITE-

48 USC Sec. 1597 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

Sec. 1597. Reorganization of government

-STATUTE-

(a) Consolidation of departments, bureaus, etc.; popular election

of school board members

The Governor shall, within one year after July 22, 1954,

reorganize and consolidate the existing executive departments,

bureaus, independent boards, agencies, authorities, commissions,

and other instrumentalities of the government of the Virgin Islands

or of the municipal governments into not more than nine executive

departments except for independent bodies whose existence may be

required by Federal law for participation in Federal programs. The

head of each executive department other than the department of law

shall be designated as the commissioner thereof, and the

commissioner of finance shall be bonded. The head of the department

of law shall be known as the attorney general of the Virgin

Islands. Members of school boards, which entities of government

have been duly organized and established by the government of the

Virgin Islands, shall be popularly elected.

(b) Changes after examination from time to time

The Governor shall, from time to time, after complying with the

provisions of subsection (a) of this section, examine the

organization of the executive branch of the government of the

Virgin Islands, and shall make such changes therein, subject to the

approval of the legislature, not inconsistent with this chapter, as

he determines are necessary to promote effective management and to

execute faithfully the purposes of this chapter and the laws of the

Virgin Islands.

duties; appointments to boards, etc.

The heads of the executive departments created by this chapter

shall be appointed by the Governor, with the advice and consent of

the legislature. Each shall hold office during the continuance in

office of the Governor by whom he is appointed and until his

successor is appointed and qualified, unless sooner removed by the

Governor. Each shall have such powers and duties as may be

prescribed by the legislature. The chairman and members of any

board, authority, or commission established by the laws of the

Virgin Islands shall, if the laws of the Virgin Islands hereafter

provide, also be appointed by the Governor with the advice and

consent of the legislature, if such board, authority, or commission

has quasi-judicial functions: Provided, That no law of the Virgin

Islands dealing with the chairmanship, membership, or chairmanship

and membership of any such board, authority, or commission, and

requiring an appointment or appointments to be made with the advice

and consent of the legislature, shall relate to more than one such

board, authority, or commission, nor shall it relate to any other

legislative matter.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 16, 68 Stat. 504; Pub. L. 85-224,

Aug. 30, 1957, 71 Stat. 510; Pub. L. 86-289, Sec. 3, Sept. 16,

1959, 73 Stat. 569; Pub. L. 90-496, Sec. 8(a), Aug. 23, 1968, 82

Stat. 839.)

-MISC1-

AMENDMENTS

1968 - Subsec. (a). Pub. L. 90-496 substituted provisions that

members of school boards which have been duly organized by the

government of the Virgin Islands be popularly elected for

provisions that required the approval of the Secretary of the

Interior for the establishment of any new department, agency, or

other instrumentality by the Governor or the legislature, unless

such department, agency, etc., was required by Federal law for

participation in Federal programs.

1959 - Subsec. (a). Pub. L. 86-289 provided that the head of the

department of law should be known as the attorney general of the

Virgin Islands.

1957 - Subsec. (c). Pub. L. 85-224 provided for appointments to

boards, authorities or commissions.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment of provisions of section necessary to authorize the

holding of an election for Governor and Lieutenant Governor on Nov.

3, 1970, effective Jan. 1, 1970, and all other amendments of

provisions of section, unless otherwise expressly provided by Pub.

L. 90-496, effective Jan. 4, 1971, see section 16 of Pub. L.

90-496, set out as a note under section 1591 of this title.

-End-

-CITE-

48 USC Sec. 1598 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

Sec. 1598. Omitted

-COD-

CODIFICATION

Section, act July 22, 1954, ch. 558, Sec. 20(b), 68 Stat. 505,

which related to compensation of the Government Secretary,

department heads, and staffs of the Governor and Government

Secretary, was superseded by section 10 of Pub. L. 90-496, Aug. 23,

1968, 82 Stat. 841, which amended section 1641 of this title. See

Codification note set out under section 1641 of this title.

-End-

-CITE-

48 USC Sec. 1599 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER IV - EXECUTIVE BRANCH

-HEAD-

Sec. 1599. Transfer of functions from government comptroller for

Virgin Islands to Inspector General, Department of the Interior

-STATUTE-

(a) Functions, powers, and duties transferred

The following functions, powers, and duties heretofore vested in

the government comptroller for the Virgin Islands are hereby

transferred to the Inspector General, Department of the Interior,

for the purpose of establishing an organization which will maintain

a satisfactory level of independent audit oversight of the

government of the Virgin Islands:

(1) The authority to audit all accounts pertaining to the

revenue and receipts of the government of the Virgin Islands, and

of funds derived from bond issues, and the authority to audit, in

accordance with law and administrative regulations, all

expenditures of funds and property pertaining to the government

of the Virgin Islands including those pertaining to trust funds

held by the government of the Virgin Islands.

(2) The authority to report to the Secretary of the Interior

and the Governor of the Virgin Islands all failures to collect

amounts due the government, and expenditures of funds or uses of

property which are irregular or not pursuant to law.

(b) Scope of authority transferred

The authority granted in paragraph (a) of this section shall

extend to all activities of the government of the Virgin Islands,

and shall be in addition to the authority conferred upon the

Inspector General by the Inspector General Act of 1978 (92 Stat.

1101), as amended.

comptroller for Virgin Islands to Office of Inspector General,

Department of the Interior

In order to carry out the provisions of this section, the

personnel, assets, liabilities, contracts, property, records, and

unexpended balances of appropriations, authorizations, allocations,

and other funds employed, held, used, arising from, available or to

be made available, of the office of the government comptroller for

the Virgin Islands related to its audit function are hereby

transferred to the Office of Inspector General, Department of the

Interior.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 17, as added Pub. L. 97-357, title

III, Sec. 309(b), Oct. 19, 1982, 96 Stat. 1710.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (b), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 1599, acts July 22, 1954, ch. 558, Sec. 17, 68

Stat. 505; Aug. 28, 1958, Pub. L. 85-851, Secs. 4, 5, 72 Stat.

1094, 1095; Mar. 20, 1962, Pub. L. 87-421, 76 Stat. 43; Aug. 23,

1968, Pub. L. 90-496, Sec. 9, 82 Stat. 840; Oct. 15, 1977, Pub. L.

95-134, title III, Sec. 301(a), 91 Stat. 1162, related to

appointment, status, and duties of the government comptroller for

the Virgin Islands, prior to repeal by Pub. L. 97-357, Sec. 309(b).

-End-

-CITE-

48 USC SUBCHAPTER V - JUDICIAL BRANCH 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER V - JUDICIAL BRANCH

-HEAD-

SUBCHAPTER V - JUDICIAL BRANCH

-End-

-CITE-

48 USC Sec. 1611 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER V - JUDICIAL BRANCH

-HEAD-

Sec. 1611. District Court of Virgin Islands; local courts;

jurisdiction; practice and procedure

-STATUTE-

(a) District Court of Virgin Islands; local courts

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) Jurisdiction

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 1612(a) and (c) of this title.

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.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 21, 68 Stat. 506; Pub. L. 98-454,

title VII, Sec. 702, Oct. 5, 1984, 98 Stat. 1737.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-454 designated existing provisions as subsec.

(a), inserted "established by Congress" before "and in such" and

substituted "appellate court and lower local courts as may have

been or may hereafter be established by local law" for "court or

courts of inferior jurisdiction as have been or may hereafter be

established by local law", and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1613a of this title.

-End-

-CITE-

48 USC Sec. 1612 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER V - JUDICIAL BRANCH

-HEAD-

Sec. 1612. Jurisdiction of District Court

-STATUTE-

(a) Jurisdiction

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 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 title 26 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 1617 of this title.

(b) General jurisdiction; limitations

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.

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.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 22, 68 Stat. 506; Pub. L. 95-598,

title III, Sec. 336(a), Nov. 6, 1978, 92 Stat. 2680; Pub. L.

98-454, title VII, Sec. 703(a), title X, Sec. 1001, Oct. 5, 1984,

98 Stat. 1738, 1745; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning act July 22, 1954, ch. 558, 68 Stat. 497, as amended,

known as the Revised Organic Act of the Virgin Islands, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

1541 of this title and Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

1984 - Pub. L. 98-454 amended section generally, designating

existing provisions as subsec. (a), substituted provisions that

District Court would have all jurisdiction of a district court of

the United States, including diversity jurisdiction and bankruptcy

jurisdiction as well as civil and criminal matters regarding the

income tax laws applicable to the Virgin Islands for former

provisions conferring general jurisdiction on the court and

providing for the transfer of cases, repealed section 336 of Pub.

L. 95-598, which had amended this section, and added subsecs. (b)

and (c).

1978 - Pub. L. 95-598 inserted "and a bankruptcy court" after

"jurisdiction of a district court".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 402(e) of Pub. L. 95-598, which provided a prospective

effective date for the amendment of this section by section 336(a)

of Pub. L. 95-598, was repealed by section 1001 of Pub. L. 98-454.

JURISDICTION OF DISTRICT COURT OVER PENDING CASES

Section 703(b) of Pub. L. 98-454 provided that: "The provisions

of this section [amending 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 [see Effective Date of

1984 Amendment note set out under section 1424 of this title] 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 [Pub. L.

98-454]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1561, 1611, 1614 of this

title.

-End-

-CITE-

48 USC Sec. 1613 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER V - JUDICIAL BRANCH

-HEAD-

Sec. 1613. Relations between courts of United States and courts of

Virgin Islands; review by United States Court of Appeals for

Third Circuit; reports to Congress; rules

-STATUTE-

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

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 authorized by section 1611(a)

of this title, 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 Natural Resources 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.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 23, 68 Stat. 506; Pub. L. 98-454,

title VII, Sec. 704, Oct. 5, 1984, 98 Stat. 1739; Pub. L. 103-437,

Sec. 17(a)(4), Nov. 2, 1994, 108 Stat. 4595.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Natural Resources" for

"Interior and Insular Affairs" before "of the House".

1984 - Pub. L. 98-454 amended section generally, substituting

provisions relating to the relations between local law courts and

already established courts under the Constitution or laws of the

United States with respect to appeals, certiorari, etc. and

providing that the Court of Appeals for the Third Circuit shall

have jurisdiction to review all final decisions from the highest

court of the Virgin Islands for fifteen years after the appellate

court is established for former provisions relating to the

jurisdiction of inferior courts, transfer of actions, status as

committing court, bail and rules.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under this section is listed as the 1st

item on page 13), see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance.

-End-

-CITE-

48 USC Sec. 1613a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER V - JUDICIAL BRANCH

-HEAD-

Sec. 1613a. Appellate jurisdiction of District Court; procedure;

review by United States Court of Appeals for Third Circuit;

rules; appeals to appellate court

-STATUTE-

(a) Appellate jurisdiction of District Court

Prior to the establishment of the appellate court authorized by

section 1611(a) of this title, 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 chapter, 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 United States, including

this chapter, or any authority exercised thereunder by an officer

or agency of the United States.

(b) Appellate division of District Court; quorum; presiding judge;

designation of judges; decisions

Appeals to the District Court of the Virgin Islands shall be

heard and determined by an appellate division of the court

consisting 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 1614(a) of this chapter: Provided, That no more than one of

them may be a judge of a 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

accordance with the applicable law or rules of procedure. Appeals

pending in the district court on the effective date of this Act

(!1) shall be heard and determined by a single judge.

appeals; rules

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) Appeals to appellate court; effect on District Court

Upon the establishment of the appellate court provided for in

section 1611(a) of this title 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.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 23A, as added Pub. L. 98-454, title

VII, Sec. 705, Oct. 5, 1984, 98 Stat. 1739.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b), was in the

original "this Act", meaning act July 22, 1954, ch. 558, 68 Stat.

497, as amended, known as the Revised Organic Act of the Virgin

Islands, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 1541 of this title and Tables.

The effective date of this Act, referred to in subsec. (b),

probably means the effective date of title VII of Pub. L. 98-454,

which is 90 days after Oct. 5, 1984, and which enacted this

section.

-MISC1-

EFFECTIVE DATE

Section effective on ninetieth day following Oct. 5, 1984, see

section 1005 of Pub. L. 98-454, set out as an Effective Date of

1984 Amendment note under section 1424 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

48 USC Sec. 1614 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER V - JUDICIAL BRANCH

-HEAD-

Sec. 1614. Judges of District Court

-STATUTE-

(a) Appointment; tenure; removal; chief judge; compensation

The President shall, by and with the advice and consent of the

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 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.

(b) Criminal offenses; procedure; definitions; indictment and

information

Where appropriate, the provisions of part II of title 18 and of

title 28 and, notwithstanding the provisions of 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 shall apply to the district court

and appeals therefrom: Provided, That the terms "Attorney for the

government" and "United States attorney" as used 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 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 1612(c) of this title, and

under the income 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 1612(b) of this title 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.

The Attorney General shall appoint a United States marshal for

the Virgin Islands, to whose office the provisions of chapter 37 of

title 28 shall apply.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 24, 68 Stat. 506; Pub. L. 85-851,

Sec. 7, Aug. 28, 1958, 72 Stat. 1095; Pub. L. 91-272, Sec. 3(b),

June 2, 1970, 84 Stat. 296; Pub. L. 98-454, title VII, Sec. 706(a),

(b), Oct. 5, 1984, 98 Stat. 1740.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(b), are set out in the Appendix to Title 18, Crimes and Criminal

Procedure.

-COD-

CODIFICATION

In subsec. (c), "chapter 37 of title 28" substituted for "chapter

33 of title 28" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,

1966, 80 Stat. 631, section 4(c) of which revised part II of Title

28, Judiciary and Judicial Procedure.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-454, Sec. 706(a), substituted

provisions extending the term of a judge of the district court from

eight to ten years, further substituted "of a court of the Virgin

Islands established by local law," for "a judge of the municipal

court of the Virgin Islands," in third sentence, and inserted

provisions regarding the designation of the chief judge.

Subsec. (b). Pub. L. 98-454, Sec. 706(b), substituted provisions

relating to criminal procedure in the district courts for former

provisions which related to the chief judge of the district court

and which are now set out in subsec. (a).

1970 - Subsec. (a). Pub. L. 91-272 designated existing provisions

as subsec. (a), increased from one to two the number of district

judges, added judges of the municipal court of the Virgin Islands

to the list of judges from which may be drawn temporary judges for

the district court, and transferred to subsec. (c) provisions

covering the appointment of a United States marshal for the Virgin

Islands.

Subsec. (b). Pub. L. 91-272 added subsec. (b).

Subsec. (c). Pub. L. 91-272 added subsec. (c), the substance of

which was formerly contained in subsec. (a).

1958 - Pub. L. 85-851 substituted "the Attorney General shall

appoint a United States marshal" for "the Attorney General shall,

as heretofore, appoint a marshal and one deputy marshal".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

CHIEF JUDGE; DISTRICT COURT; DETERMINATION AND QUALIFICATIONS

Section 706(c) of Pub. L. 98-454 provided that: "The provisions

of subsection (a) of this section [amending 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 [see Effective Date of 1984 Amendment note set out under

section 1424 of this title]."

EXTENSION OF TERM OF DISTRICT JUDGES

Extension of term of district court judges to ten years

applicable to judges holding office on Oct. 5, 1984, see section

1004 of Pub. L. 98-454, set out as a note under section 1424b of

this title.

PRESENT INCUMBENT

Enactment of this chapter as not affecting term of office of

judge of the District Court of the Virgin Islands in office on the

date of its enactment, see Effective Date note set out under

section 1541 of this title.

RESIGNATION AND RETIREMENT OF JUDGES

Resignation and retirement of judges in the Territories and

possessions, see section 373 of Title 28, Judiciary and Judicial

Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1613a of this title.

-End-

-CITE-

48 USC Sec. 1615 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER V - JUDICIAL BRANCH

-HEAD-

Sec. 1615. Judicial divisions

-STATUTE-

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.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 25, 68 Stat. 507; Pub. L. 95-598,

title III, Sec. 336(b), Nov. 6, 1978, 92 Stat. 2680; Pub. L.

98-454, title VII, Sec. 707, title X, Sec. 1001, Oct. 5, 1984, 98

Stat. 1741, 1745; Pub. L. 101-219, title II, Sec. 203, Dec. 12,

1989, 103 Stat. 1874.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-219 struck out provision that court for the

Division of Saint Croix be held in Christiansted and for the

Division of Saint Thomas and Saint John at Charlotte Amalie.

1984 - Pub. L. 98-454 amended section generally, inserting

provisions setting forth places for the holding of court of each

judicial division and striking out provisions relating to the

applicability of procedural rules and prosecutions by information

and indictment, which are now covered under section 1614 of this

title, and repealed section 336 of Pub. L. 95-598 which had amended

this section.

1978 - Pub. L. 95-598 substituted "section 2075 of title 28 in

cases under title 11" for "section 53 of title 11 in bankruptcy

cases".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 402(e) of Pub. L. 95-598, which provided a prospective

effective date for the amendment of this section by section 336(b)

of Pub. L. 95-598, was repealed by section 1001 of Pub. L. 98-454.

-End-

-CITE-

48 USC Sec. 1616 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER V - JUDICIAL BRANCH

-HEAD-

Sec. 1616. Trial by jury

-STATUTE-

All criminal cases originating in the district court shall be

tried by jury upon demand by the defendant or by the Government. If

no jury is demanded the case shall be tried by the judge of the

district court without a jury, except that the judge may, on his

own motion, order a jury for the trial of any criminal action. The

legislature may provide for trial in misdemeanor cases by a jury of

six qualified persons.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 26, 68 Stat. 507; Pub. L. 85-851,

Sec. 8, Aug. 28, 1958, 72 Stat. 1095.)

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-851 substituted requirement of jury trial upon

demand by defendant or Government for prohibition against denial to

any person on demand of either party.

-End-

-CITE-

48 USC Sec. 1617 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER V - JUDICIAL BRANCH

-HEAD-

Sec. 1617. United States attorney; appointment; duties

-STATUTE-

The President shall, by and with the advice and consent of the

Senate, appoint a United States attorney for the Virgin Islands to

whose office the provisions of chapter 35 of title 28, shall apply.

Except as otherwise provided by law it shall be the duty of the

United States attorney to prosecute all offenses against the United

States and to conduct all legal proceedings, civil and criminal, to

which the Government of the United States is a party in the

district court and in the courts established by local law. He shall

also prosecute in the district court in the name of the government

of the Virgin Islands all offenses against the laws of the Virgin

Islands which are cognizable by that court unless, at his request

or with his consent, the prosecution of any such case is conducted

by the attorney general of the Virgin Islands. The United States

attorney may, when requested by the Governor or the attorney

general of the Virgin Islands, conduct any other legal proceedings

to which the government of the Virgin Islands is a party in the

district court or the courts established by local law.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 27, 68 Stat. 507; Pub. L. 85-851,

Sec. 9, Aug. 28, 1958, 72 Stat. 1095; Pub. L. 86-289, Sec. 4, Sept.

16, 1959, 73 Stat. 569; Pub. L. 92-24, June 2, 1971, 85 Stat. 76;

Pub. L. 98-454, title VII, Sec. 708, Oct. 5, 1984, 98 Stat. 1741.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-454 substituted "courts established by local

law" for "inferior courts of the Virgin Islands" wherever appearing

and struck out provisions relating to vacancies in the office of

United States attorney for the Virgin Islands.

1971 - Pub. L. 92-24 substituted "chapter 35" for "chapter 31"

and struck out "except that the Attorney General shall not appoint

more than one assistant United States attorney for the Virgin

Islands" after "shall apply".

1959 - Pub. L. 86-289 substituted provisions making chapter 31 of

title 28 applicable to United States attorney and by provisions

specifying his duties, for provisions which prescribed his term of

office and provided for his compensation, provided for appointment

and compensation of his assistant and employees, and provided that

he or his assistant conduct all legal proceedings in which the

United States Government or the government of the Virgin Islands is

a party in the District Court and inferior courts.

1958 - Pub. L. 85-851 substituted "United States attorney" for

"district attorney" wherever appearing.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-454 effective on ninetieth day following

Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as a note

under section 1424 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1494b of this title.

-End-

-CITE-

48 USC SUBCHAPTER VI - SYSTEM OF ACCOUNTS 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VI - SYSTEM OF ACCOUNTS

-HEAD-

SUBCHAPTER VI - SYSTEM OF ACCOUNTS

-End-

-CITE-

48 USC Sec. 1631 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VI - SYSTEM OF ACCOUNTS

-HEAD-

Sec. 1631. Establishment and maintenance; scope

-STATUTE-

The Governor shall establish and maintain systems of accounting

and internal control designed to provide -

(a) full disclosure of the financial results of the

government's activities;

(b) adequate financial information needed for the government's

management purposes;

property, and other assets for which the government is

responsible, including appropriate internal audit; and

(d) reliable accounting results to serve as the basis for

preparation and support of the government's request for the

approval of the President or his designated representative for

the obligation and expenditure of the internal revenue

collections as provided in section 26, the Governor's budget

request to the legislature, and for controlling the execution of

the said budget.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 18, 68 Stat. 505.)

-REFTEXT-

REFERENCES IN TEXT

Section 26, referred to in subsec. (d), probably means section 26

of S. 3378 (act July 22, 1954, ch. 558, 68 Stat. 497) prior to the

submission of S. 3378 to the Conference Committee which

redesignated section 26 as section 28 of S. 3378. Said section 28

was composed of subsecs. (a) to (d). Subsecs. (a), (c), and (d)

thereof enacted sections 1642, 1643, and 1644 of this title,

respectively. Subsec. (b) thereof added subsec. (c) to section 3350

of former Title 26, Internal Revenue Code. Reference to section

3350(c) of former Title 26 is deemed a reference to section

7652(b)(3) of Title 26, Internal Revenue Code. See section 7852(b)

of Title 26, Internal Revenue Code, which provides that any

reference in any other law to a provision of the Internal Revenue

Code of 1939 be deemed a reference to the corresponding provisions

of the Internal Revenue Code of 1986.

-MISC1-

AGREEMENT REGARDING FINANCIAL ACCOUNTABILITY AND PERFORMANCE

STANDARDS

Pub. L. 106-84, Sec. 2, Oct. 28, 1999, 113 Stat. 1295, provided

that:

"(a) In General. - The Secretary of the Interior is authorized to

enter into an agreement with the Governor of the Virgin Islands

establishing mutually agreed financial accountability and

performance standards for the fiscal operations of the Government

of the Virgin Islands.

"(b) Transmission to Congress. - Upon ratification of the

agreement authorized in subsection (a) by both parties, the

Secretary shall forward a copy of the agreement to the Committee on

Resources in the House of Representatives and the Committee on

Energy and Natural Resources in the Senate."

-End-

-CITE-

48 USC Sec. 1632 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VI - SYSTEM OF ACCOUNTS

-HEAD-

Sec. 1632. Repealed. Pub. L. 90-496, Sec. 14, Aug. 23, 1968, 82

Stat. 842

-MISC1-

Section, act July 22, 1954, ch. 558, Sec. 19, 68 Stat. 505,

authorized Comptroller General of United States to review annually

the office and activities of Government Comptroller of Virgin

Islands, and report thereon to Governor, Secretary of the Interior,

and Congress.

EFFECTIVE DATE OF REPEAL

Section 14 of Pub. L. 90-496 provided that repeal of this section

is effective on date of enactment of Pub. L. 90-496, which was

approved Aug. 23, 1968.

-End-

-CITE-

48 USC SUBCHAPTER VII - FISCAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VII - FISCAL PROVISIONS

-HEAD-

SUBCHAPTER VII - FISCAL PROVISIONS

-End-

-CITE-

48 USC Sec. 1641 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VII - FISCAL PROVISIONS

-HEAD-

Sec. 1641. Method of payment of official salaries

-STATUTE-

The salaries and travel allowances of the Governor, Lieutenant

Governor, the heads of the executive departments, other officers

and employees of the government of the Virgin Islands, and the

members of the legislature shall be paid by the government of the

Virgin Islands at rates prescribed by the laws of the Virgin

Islands.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 20, formerly Sec. 20(c), 68 Stat.

506; Pub. L. 85-851, Sec. 6(a), Aug. 28, 1958, 72 Stat. 1095; Pub.

L. 90-496, Sec. 10, Aug. 23, 1968, 82 Stat. 841.)

-COD-

CODIFICATION

Prior to the 1968 amendment of section 20 of act July 22, 1954,

this section constituted subsec. (c) of said section 20. Subsecs.

(a) and (b) of said section 20 were classified to sections 1592 and

1598, respectively, of this title. Section 10 of Pub. L. 90-496

consolidated the text of said section 20 into a single unlettered

paragraph, classified to this section.

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-496 substituted provisions that the salaries

and travel allowances of all officials connected with the executive

and legislative departments of the government of the Virgin Islands

be paid by the government of the Virgin Islands at rates prescribed

by the laws of the Virgin Islands for provisions that the salaries

of the Governor, the Government Secretary, the government

comptroller, and their immediate staffs be paid by the United

States, and provisions that the salaries of the heads of the

executive departments be paid by the government of the Virgin

Islands, such salaries to be paid without the necessity of further

appropriations therefor, if the legislature fails to make an

appropriation for such salaries.

1958 - Pub. L. 85-851 provided for the payment of the salary of

the government comptroller by the United States instead of by the

government of the Virgin Islands.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment of provisions of section necessary to authorize the

holding of an election for Governor and Lieutenant Governor on Nov.

3, 1970, effective Jan. 1, 1970, and all other amendments of

provisions of section, unless otherwise expressly provided by Pub.

L. 90-496, effective Jan. 4, 1971, see section 16 of Pub. L.

90-496, set out as a note under section 1591 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 6(b) of Pub. L. 85-851 provided that: "This section 6

[amending this section] shall become effective on July 1, 1959."

ELIMINATION OF GENERAL FUND DEFICITS OF GUAM AND VIRGIN ISLANDS

Pub. L. 96-597, title VI, Sec. 607, Dec. 24, 1980, 94 Stat. 3483,

as amended by Pub. L. 97-357, title VI, Sec. 601, Oct. 19, 1982, 96

Stat. 1712, provided that:

"(a) In order to assist the governments of Guam and the Virgin

Islands in eliminating general fund deficits, there is authorized

to be appropriated to the Secretary of the Interior for payment to

Guam not to exceed $15,000,000 for fiscal year 1982, and

$11,000,000 for fiscal year 1983, $7,500,000 for fiscal year 1984,

and $4,000,000 for fiscal year 1985; and for payment to the Virgin

Islands not to exceed $12,000,000 for fiscal year 1982, $9,000,000

for fiscal year 1983, $6,000,000 for fiscal year 1984, and

$3,000,000 for fiscal year 1985.

"(b) The Governors of Guam and the Virgin Islands shall, as a

condition for a grant pursuant to subsection (a) of this section,

submit a plan which is designed to eliminate the respective

territory's general fund deficit by the beginning of fiscal year

1987 to the Secretary of the Interior. Within sixty days after he

has received such a plan, the Secretary of the Interior shall

transmit the plan, together with his comments and recommendations

to the Congress. The plan shall provide for -

"(1) implementation of an effective budgetary and accounting

system;

"(2) realistic revenue and expenditure projections which will

progressively reduce current year general fund deficits and

result in a balanced general fund budget no later than the

beginning of fiscal year 1987;

"(3) financing of accumulated general fund deficits; and

"(4) quarterly goals and timetables for implementing the plan.

The plan shall also indicate that the Governor has the necessary

authority to implement the plan.

"(c) Not later than thirty days after the close of each quarter

which occurs after the plan has been transmitted to the Congress,

the respective Governor shall submit a report to the Secretary of

the Interior and the Congress describing in detail the success or

failure of such territory in meeting the goals and timetables

described in such plan."

AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR ANTICIPATED DEFICITS

DURING FISCAL YEARS 1979 THROUGH 1981; TERMS AND CONDITIONS; REPORT

ON FINANCIAL CONDITION; CONTENTS

Pub. L. 95-348, Sec. 4(d), Aug. 18, 1978, 92 Stat. 491,

authorized appropriations for fiscal years 1979 to 1981 for grants

for anticipated deficits in such years, and required a report

respecting financial conditions and activities, prior to repeal by

Pub. L. 96-205, title IV, Sec. 404, Mar. 12, 1980, 94 Stat. 89.

-End-

-CITE-

48 USC Sec. 1642 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VII - FISCAL PROVISIONS

-HEAD-

Sec. 1642. Use of certain proceeds for expenditure; income tax

obligations of inhabitants

-STATUTE-

The proceeds of customs duties, the proceeds of the United States

income tax, the proceeds of any taxes levied by the Congress on the

inhabitants of the Virgin Islands, and the proceeds of all

quarantine, passport, immigration, and naturalization fees

collected in the Virgin Islands, (less the cost of collecting such

duties, taxes and fees as may be directly attributable (as

certified by the Comptroller of the Virgin Islands) to the

importation of petroleum products until January 1, 1982: Provided,

That any other retained costs not heretofore remitted pursuant to

the Act of August 18, 1978, shall be immediately remitted to the

Treasury of the Virgin Islands notwithstanding any other provision

of law) shall be covered into the treasury of the Virgin Islands,

and shall be available for expenditure as the Legislature of the

Virgin Islands may provide: Provided, That the term "inhabitants of

the Virgin Islands" as used in this section shall include all

persons whose permanent residence is in the Virgin Islands, and

such persons shall satisfy their income tax obligations under

applicable taxing statutes of the United States by paying their tax

on income derived from all sources both within and outside the

Virgin Islands into the treasury of the Virgin Islands: Provided

further, That nothing in this chapter shall be construed to apply

to any tax specified in section 3811 of the Internal Revenue Code.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 28(a), 68 Stat. 508; Pub. L. 95-348,

Sec. 4(c)(3), Aug. 18, 1978, 92 Stat. 491; Pub. L. 96-205, title

IV, Sec. 403(a), Mar. 12, 1980, 94 Stat. 89.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 18, 1978, referred to in text, probably means Pub.

L. 95-348, Aug. 18, 1978, 92 Stat. 487, as amended, which enacted

sections 1645 and 1841 of this title and section 410dd of Title 16,

Conservation, amended sections 1421h, 1469a, 1575, and 1642 of this

title and sections 398a and 398c to 398f of Title 16, and enacted

provisions set out as a note under sections 1421, 1641, and 1681 of

this title. For complete classification of this Act to the Code,

see Tables.

This chapter, referred to in text, was in the original "this

Act", meaning act July 22, 1954, ch. 558, 68 Stat. 497, as amended,

known as the Revised Organic Act of the Virgin Islands, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

1541 of this title and Tables.

Section 3811 of the Internal Revenue Code, referred to in text,

means section 3811 of former Title 26, Internal Revenue Code, which

was repealed by section 7851(a)(7) of the Internal Revenue Code of

1986. Similar provisions are contained in section 7651 of Title 26,

Internal Revenue Code. For provision that any reference in any

other law to a provision of the Internal Revenue Code of 1939 be

deemed a reference to the corresponding provision of the Internal

Revenue Code of 1986, see section 7852(b) of Title 26.

-COD-

CODIFICATION

Section constitutes subsec. (a) of section 28 of act July 22,

1954. Subsec. (b) of section 28 amended section 3350 of former

Title 26, Internal Revenue Code, 1939, and subsecs. (c) and (d)

thereof are classified to sections 1643 and 1644, respectively, of

this title.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-205 inserted provisions relating to deductions

for the costs of collecting the duties, taxes, and fees

attributable to the importation of petroleum products until Jan. 1,

1982, provided that outstanding retained costs are immediately

remitted to the Treasury of the Virgin Islands.

1978 - Pub. L. 95-348 struck out "less the cost of collecting all

of said duties, taxes, and fees," before "shall be covered".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7651.

-End-

-CITE-

48 USC Sec. 1642a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VII - FISCAL PROVISIONS

-HEAD-

Sec. 1642a. Availability of collected customs duties for

expenditures as Legislature may provide

-STATUTE-

Notwithstanding any other provision of law, the proceeds of

customs duties collected in the Virgin Islands less the cost of

collecting all said duties shall, effective for fiscal years

beginning after September 30, 1979, be covered into the Treasury of

the Virgin Islands, and shall be available for expenditure as the

Legislator (!1) of the Virgin Islands may provide.

-SOURCE-

(Pub. L. 96-304, title I, Sec. 100, July 8, 1980, 94 Stat. 907.)

-MISC1-

PRIOR PROVISIONS

A prior section 1642a, Pub. L. 96-38, title I, July 25, 1979, 93

Stat. 122, related to availability of collected customs duties for

expenditures as the Virgin Islands Legislature may provide, prior

to repeal by Pub. L. 96-205, title IV, Sec. 403(b), Mar. 12, 1980,

94 Stat. 89.

-FOOTNOTE-

(!1) So in original. Probably should be "Legislature".

-End-

-CITE-

48 USC Sec. 1643 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VII - FISCAL PROVISIONS

-HEAD-

Sec. 1643. Import provisions with respect to trade-marks

-STATUTE-

Section 1124 of title 15, and section 1526 of title 19, shall not

apply to importations into the Virgin Islands of genuine foreign

merchandise bearing a genuine foreign trade-mark, but shall remain

applicable to importations of such merchandise from the Virgin

Islands into the United States or its possessions; and the dealing

in or possession of any such merchandise in the Virgin Islands

shall not constitute a violation of any registrant's right under

the Trade Mark Act [15 U.S.C. 1051 et seq.].

-SOURCE-

(July 22, 1954, ch. 558, Sec. 28(c), 68 Stat. 509.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Mark Act, referred to in text, probably means the

Trademark Act of 1946, also popularly known as the Lanham Act, act

July 5, 1946, ch. 540, 60 Stat. 427, as amended, which is

classified generally to chapter 22 (Sec. 1051 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 1051 of Title 15

and Tables.

-COD-

CODIFICATION

Section constitutes subsec. (c) of section 28 of act July 22,

1954. Subsec. (b) of section 28 amended section 3350 of former

Title 26, Internal Revenue Code, 1939, and subsecs. (a) and (d)

thereof are classified to sections 1642 and 1644, respectively, of

this title.

-End-

-CITE-

48 USC Sec. 1644 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VII - FISCAL PROVISIONS

-HEAD-

Sec. 1644. Import duties on articles entering United States or

possessions from Virgin Islands

-STATUTE-

All articles coming into the United States from the Virgin

Islands shall be subject to or exempt from duty as provided for in

section 1301a (!1) of title 19 and subject to internal-revenue

taxes as provided for in section 7652(b) of title 26.

-SOURCE-

(July 22, 1954, ch. 558, Sec. 28(d), 68 Stat. 509; Sept. 1, 1954,

ch. 1213, title IV, Sec. 402(a), 68 Stat. 1140; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Section 1301a of title 19, referred to in text, was repealed by

Pub. L. 87-456, title III, Sec. 301(a), May 24, 1962, 76 Stat. 75.

See General Headnote 3(a) under section 1202 of Title 19, Customs

Duties.

-COD-

CODIFICATION

Section constitutes subsec. (d) of section 28 of act July 22,

1954. Subsecs. (a) and (c) of section 28 are classified to sections

1642 and 1643, respectively, of this title, and subsec. (b) thereof

amended section 3350 of former Title 26, Internal Revenue Code,

1939.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954", which for purposes of

codification was translated as "title 26" thus requiring no change

in text.

1954 - Act Sept. 1, 1954, subjected the Virgin Islands to the

general provision for importations from insular possessions

contained in section 1301a of Title 19, Customs Duties.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Sept. 1, 1954, effective on and after the

thirtieth day following Sept. 1, 1954, see section 601 of act Sept.

1, 1954, set out as a note under section 1421e of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

48 USC Sec. 1645 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 12 - VIRGIN ISLANDS

SUBCHAPTER VII - FISCAL PROVISIONS

-HEAD-

Sec. 1645. Remittance of duties, taxes, and fees to be collected in

next fiscal year; authorization, prerequisites, amount, etc.

-STATUTE-

Beginning as soon as the government of the Virgin Islands enacts

legislation establishing a fiscal year commencing on October 1 and

ending on September 30, the Secretary of the Treasury, prior to the

commencement of any fiscal year, shall remit to the government of

the Virgin Islands the amount of duties, taxes, and fees which the

Governor of the Virgin Islands, with the concurrence of the

government comptroller of the Virgin Islands, has estimated will be

collected in or derived from the Virgin Islands under the Revised

Organic Act of the Virgin Islands [48 U.S.C. 1541 et seq.] during

the next fiscal year, except for those sums covered directly upon

collection into the treasury of the Virgin Islands. There shall be

deducted from or added to the amounts so remitted, as may be

appropriate, at the beginning of the fiscal year, the difference

between the amount of duties, taxes, and fees actually collected

during the prior fiscal year and the amount of such duties, taxes,

and fees as estimated and remitted at the beginning of that prior

fiscal year, including any deductions which may be required as a

result of the operation of sections 1574a to 1574d (!1) of this

title.

-SOURCE-

(Pub. L. 95-348, Sec. 4(c)(2), Aug. 18, 1978, 92 Stat. 490.)

-REFTEXT-

REFERENCES IN TEXT

The Revised Organic Act of the Virgin Islands, referred to in

text, is act July 22, 1954, ch. 558, 68 Stat. 497, as amended,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 1541 of this title and Tables.

Section 1574d of this title, referred to in text, was repealed by

Pub. L. 97-357, title III, Sec. 308(g), Oct. 19, 1982, 96 Stat.

1710.

-COD-

CODIFICATION

Section was not enacted as part of the Revised Organic Act of the

Virgin Islands which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7652.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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