CHAPTER 12-VIRGIN ISLANDS
SUBCHAPTER I-GENERAL PROVISIONS
1541.
Organization and status.
(a)
Composition and territorial designation.
(b)
Powers and legal status of government; capital and seat of government.
(c)
Administrative supervision by Secretary of the 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
(a)
Designation and unicameral character.
(b)
Composition; legislative districts; method of elections.
(b)
Qualifications of members.
(c)
Appointment of electoral officers; popular election of members of boards of election.
(e)
Compensation and allowances.
(f)
Limitations on holding other office.
(g)
General powers; parliamentary rules.
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.
(c)
Applicability of laws and ordinances; amendment or repeal.
(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.
(c)
Limitations on issuance.
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.
(c)
Administrative costs; deposit of fees.
(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.
1575.
Legislative procedure.
(a)
Quorum and method of voting on bills.
(b)
Enacting clause of acts.
(c)
Governor's message and budget.
(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.
1593.
Initiative and recall.
(d)
"Law" and "voter" defined.
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.
(c)
Temporary disability or temporary absence of 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.
Delegate from Virgin Islands to United States House of Representatives; clerk hire allowance and transportation expenses.
1597.
Reorganization of government.
(a)
Consolidation of departments, bureaus, etc.; popular election of school board members.
(b)
Changes after examination from time to time.
(c)
Appointment of department heads; tenure; removal; powers and duties; appointments to boards, etc.
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.
(c)
Transfer of personnel, assets, etc., of office 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.
(c)
Practice and procedure.
1612.
Jurisdiction of District Court.
(b)
General jurisdiction; limitations.
(c)
Criminal offenses; concurrent jurisdiction with 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.
(c)
United States Court of Appeals for Third 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.
(c)
United States marshal.
1615.
Judicial divisions.
1617.
United States attorney; appointment; duties.
SUBCHAPTER VI-SYSTEM OF ACCOUNTS
1631.
Establishment and maintenance; scope.
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.
Chapter Referred to in Other Sections
This chapter is referred to in sections 1469a–1, 1645 of this title.
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, §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."