Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
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---
type: "LegalText"
title: "48 U.S.C. § 1542"
description: "Voting franchise; discrimination prohibited"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 48
title_name: "TERRITORIES AND INSULAR POSSESSIONS"
chapter_number: "12"
chapter_name: "VIRGIN ISLANDS [1954]"
section: "1542"
citation: "48 U.S.C. § 1542"
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---
# 48 U.S.C. § 1542 - Voting franchise; discrimination prohibited
## Text
(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.
(July 22, 1954, ch. 558, § 4, 68 Stat. 498; Pub. L. 91460, Oct. 16, 1970, 84 Stat. 978.)
## Notes
Editorial Notes
Amendments1970—Pub. L. 91460 designated existing provisions as subsec. (a) and added subsec. (b).
@@ -0,0 +1,41 @@
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description: "United States citizenship requirement for government officials"
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---
# 48 U.S.C. § 1543 - United States citizenship requirement for government officials
## Text
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.
(July 22, 1954, ch. 558, § 29, 68 Stat. 509; Pub. L. 98213, § 5(a), Dec. 8, 1983, 97 Stat. 1460.)
## Notes
Editorial Notes
Amendments1983—Pub. L. 98213 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.
@@ -0,0 +1,35 @@
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description: "Reports by Governor; jurisdiction of Secretary of the Interior; exceptions"
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title_number: 48
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# 48 U.S.C. § 1544 - Reports by Governor; jurisdiction of Secretary of the Interior; exceptions
## Text
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.
(July 22, 1954, ch. 558, § 30, 68 Stat. 509.)
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title: "48 U.S.C. § 1545"
description: "Lease and sale of public property; conveyance of title in certain lands to the government of Virgin Islands"
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# 48 U.S.C. § 1545 - Lease and sale of public property; conveyance of title in certain lands to the government of Virgin Islands
## Text
(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 93435 (88 Stat. 1210) is hereby transferred to the Virgin Islands government.
(July 22, 1954, ch. 558, § 31, 68 Stat. 510; Pub. L. 93435, § 3, Oct. 5, 1974, 88 Stat. 1211; Pub. L. 96205, title IV, § 401(a), Mar. 12, 1980, 94 Stat. 88.)
## Notes
Editorial Notes
References in TextPublic Law 93435 (88 Stat. 1210), referred to in subsec. (b)(2), is Pub. L. 93435, Oct. 5, 1974, 88 Stat. 1210, 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.
Amendments1980—Subsec. (b). Pub. L. 96205 designated existing provisions as par. (1) and added par. (2). 1974—Subsec. (b). Pub. L. 93435 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.
Statutory Notes and Related Subsidiaries
Submerged Lands, Conveyance to TerritoryConveyance of submerged lands to the government of the Virgin Islands, see section 1701 et seq. of this title.
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# 48 U.S.C. § 1546 - Authorization of appropriations
## Text
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.
(July 22, 1954, ch. 558, § 35, 68 Stat. 510.)
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# 48 U.S.C. § 1571 - Legislature
## Text
(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,
(July 22, 1954, ch. 558, § 5, 68 Stat. 498; Pub. L. 89548, § 1, Aug. 30, 1966, 80 Stat. 371; Pub. L. 106364, § 1, Oct. 27, 2000, 114 Stat. 1408.)
## Notes
Editorial Notes
Amendments2000—Subsec. (b). Pub. L. 106364 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. 89548 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1966 AmendmentPub. L. 89548, § 2, Aug. 30, 1966, 80 Stat. 371, 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.”
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# 48 U.S.C. § 1572 - Legislators
## Text
(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.
(c) Appointment of electoral officers; popular election of members 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.
(July 22, 1954, ch. 558, § 6, 68 Stat. 499; Pub. L. 86289, § 2(a), (b), Sept. 16, 1959, 73 Stat. 568; Pub. L. 8998, July 30, 1965, 79 Stat. 423; Pub. L. 90496, § 8(b), Aug. 23, 1968, 82 Stat. 839; Pub. L. 92389, Aug. 17, 1972, 86 Stat. 563; Pub. L. 93130, § 1, Oct. 19, 1973, 87 Stat. 460.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (g), was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, 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.
Amendments1973—Subsec. (h). Pub. L. 93130 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. 92389 reduced the age qualification for membership of legislature from twenty-five years to twenty-one years. 1968—Subsec. (c). Pub. L. 90496 inserted proviso requiring members of boards of elections, duly organized by the government, to be popularly elected. 1965—Subsec. (e). Pub. L. 8998 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. 86289, § 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. 86289, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1973 AmendmentPub. L. 93130, § 2, Oct. 19, 1973, 87 Stat. 460, 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 AmendmentAmendment 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. 90496, effective Jan. 4, 1971, see section 16 of Pub. L. 90496, set out as a note under section 1591 of this title.
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# 48 U.S.C. § 1573 - Time, frequency, and duration of regular sessions; special sessions; place of holding
## Text
(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.
(July 22, 1954, ch. 558, § 7, 68 Stat. 500; Pub. L. 86289, § 2(c), Sept. 16, 1959, 73 Stat. 569; Pub. L. 90496, § 1, Aug. 23, 1968, 82 Stat. 837.)
## Notes
Editorial Notes
Amendments1968—Subsec. (a). Pub. L. 90496 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. 86289 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentPub. L. 90496, § 1, Aug. 23, 1968, 82 Stat. 837, provided that the amendment made by that section is effective on date of enactment of Pub. L. 90496, which was approved Aug. 23, 1968.
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# 48 U.S.C. § 15741 - Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Commonwealth of the Northern Mariana Islands
## Text
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 Centers for Medicare & Medicaid Services, 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.
(Pub. L. 95134, title IV, § 403, Oct. 15, 1977, 91 Stat. 1163; Pub. L. 95135, § 1, Oct. 15, 1977, 91 Stat. 1166; Pub. L. 108173, title IX, § 900(e)(7), Dec. 8, 2003, 117 Stat. 2374.)
## Notes
Editorial Notes
References in TextThe 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. 94241, 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, § 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. 94241, Mar. 24, 1976, 90 Stat. 263, which is classified generally to subchapter I (§ 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. 9239, July 1, 1971, 85 Stat. 92, as amended, which was classified generally to section 2018 et seq. of the former Appendix to Title 50, War and National Defense, and which was omitted from the Code as terminated Aug. 3, 1976.
Codification Section is also classified to section 1421q1 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.
Amendments2003—Pub. L. 108173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”. 1977—Pub. L. 95135 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1977 AmendmentAmendment by Pub. L. 95135 effective as of Oct. 15, 1977, see section 2 of Pub. L. 95135, set out as a note under section 1421q1 of this title.
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# 48 U.S.C. § 1574a - Revenue bonds or other obligations
## Text
(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) 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.
(c) Limitations on issuance 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).
(Pub. L. 94392, § 1, Aug. 19, 1976, 90 Stat. 1193; Pub. L. 10583, title I, § 124(c), Nov. 14, 1997, 111 Stat. 1567; Pub. L. 10684, § 1(b)(3), Oct. 28, 1999, 113 Stat. 1295.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (c), is Pub. L. 94392, Aug. 19, 1976, 90 Stat. 1193, 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.
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.
Amendments1999—Subsec. (d). Pub. L. 10684 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. 10583 added subsec. (d).
Statutory Notes and Related Subsidiaries
Authorization of AppropriationsPub. L. 94392, § 6, Aug. 19, 1976, 90 Stat. 1195, 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].”
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# 48 U.S.C. § 1574b - Federal guarantee for issuance of revenue bonds or other obligations
## Text
(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.
(c) Administrative costs; deposit of fees 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).
(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.
(Pub. L. 94392, § 2, Aug. 19, 1976, 90 Stat. 1193; Pub. L. 96205, title IV, § 407, Mar. 12, 1980, 94 Stat. 89; Pub. L. 98146, title I, Nov. 4, 1983, 97 Stat. 931, 932; Pub. L. 98213, § 4(b), Dec. 8, 1983, 97 Stat. 1460; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
## Notes
Editorial Notes
References in TextChapter 1 of the Internal Revenue Code of 1986, referred to in subsec. (e), means chapter 1 (§ 1 et seq.) of Title 26, Internal Revenue Code. This Act, referred to in subsecs. (f) and (g), is Pub. L. 94392, Aug. 19, 1976, 90 Stat. 1193, 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.
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. 847849)”, 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. 97258, § 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.
Amendments1986—Subsec. (e). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1983—Subsec. (b)(1). Pub. L. 98213, § 4(b)(1), and Pub. L. 98146, § 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. 98213. Subsec. (f). Pub. L. 98213, § 4(b)(2), and Pub. L. 98146, § 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. 96205 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. 94392, after Oct. 1, 1979, of commitments to guarantee.
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# 48 U.S.C. § 1574c - Priority for payment of principal and interest of revenue bonds or other obligations
## Text
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.
(Pub. L. 94392, § 3, Aug. 19, 1976, 90 Stat. 1195; Pub. L. 10583, title I, § 124(a), Nov. 14, 1997, 111 Stat. 1567.)
## Notes
Editorial Notes
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.
Amendments1997—Pub. L. 10583 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10583, title I, § 124(b), Nov. 14, 1997, 111 Stat. 1567, 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].”
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# 48 U.S.C. § 1574d - Repealed. Pub. L. 97357, title III, § 308(g), Oct. 19, 1982, 96 Stat. 1710
## Notes
Section, Pub. L. 94392, § 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.
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# 48 U.S.C. § 1575 - Legislative procedure
## Text
(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”.
(c) Governors message and budget 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.
(July 22, 1954, ch. 558, § 9, 68 Stat. 501; Pub. L. 90496, §§ 2, 3, Aug. 23, 1968, 82 Stat. 837; Pub. L. 95134, title III, § 301(b), Oct. 15, 1977, 91 Stat. 1163; Pub. L. 95348, § 4(c)(1), Aug. 18, 1978, 92 Stat. 490; Pub. L. 96470, title II, § 206(d), Oct. 19, 1980, 94 Stat. 2244; Pub. L. 106364, § 2, Oct. 27, 2000, 114 Stat. 1408.)
## Notes
Editorial Notes
Amendments2000—Subsec. (a). Pub. L. 106364 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. 96470 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. 95348 inserted provision authorizing the Virgin Islands Legislature to determine other dates on which the fiscal year shall commence. 1977—Subsec. (d). Pub. L. 95134 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. 90496, § 2, increased the quorum requirement from seven to eight members. Subsec. (d). Pub. L. 90496, § 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 Presidents 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentPub. L. 90496, § 2, Aug. 23, 1968, 82 Stat. 837, provided that the amendment made by section 2 is effective on the date of enactment of Pub. L. 90496, 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. 90496, effective Jan. 4, 1971, see section 16 of Pub. L. 90496, set out as a note under section 1591 of this title.
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# 48 U.S.C. § 1576 - General elections; time; transfer of Council functions, property, etc.
## Text
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.
(July 22, 1954, ch. 558, § 10, 68 Stat. 502.)
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# 48 U.S.C. § 1592 - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 657
## Notes
Section, act July 22, 1954, ch. 558, § 20(a), 68 Stat. 505, prescribed compensation of Governor.
Editorial Notes
Codification Section 20 of act July 22, 1954, was amended in its entirety by section 10 of Pub. L. 90496, 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.
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# 48 U.S.C. § 1593 - Initiative and recall
## Text
(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), 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.
(c) Recall (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.
(July 22, 1954, ch. 558, § 12, 68 Stat. 503; Pub. L. 90496, § 5, Aug. 23, 1968, 82 Stat. 838; Pub. L. 99396, § 1, Aug. 27, 1986, 100 Stat. 837.)
## Notes
Editorial Notes
Amendments1986—Pub. L. 99396 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. 90496 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment 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. 90496, effective Jan. 4, 1971, see section 16 of Pub. L. 90496, set out as a note under section 1591 of this title.
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# 48 U.S.C. § 1594 - Repealed. Pub. L. 90496, § 6, Aug. 23, 1968, 82 Stat. 839
## Notes
Section, act July 22, 1954, ch. 558, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 90496, § 6, Aug. 23, 1968, 82 Stat. 839, provided in part that the repeal of this section is effective on the date of enactment of Pub. L. 90496, which was approved Aug. 23, 1968.
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# 48 U.S.C. § 1595 - Vacancy in office of Governor or Lieutenant Governor
## Text
(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.
(c) Temporary disability or temporary absence of Lieutenant 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.
(July 22, 1954, ch. 558, § 14, 68 Stat. 504; Pub. L. 90496, § 7(a), Aug. 23, 1968, 82 Stat. 839.)
## Notes
Editorial Notes
Amendments1968—Pub. L. 90496 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).
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment 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. 90496, effective Jan. 4, 1971, see section 16 of Pub. L. 90496, set out as a note under section 1591 of this title.
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# 48 U.S.C. § 1596 - Repealed. Pub. L. 104186, title II, § 224(3), Aug. 20, 1996, 110 Stat. 1752
## Notes
Section, act July 22, 1954, ch. 558, § 15, as added May 27, 1975, Pub. L. 9426, § 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.
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# 48 U.S.C. § 1597 - Reorganization of government
## Text
(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.
(c) Appointment of department heads; tenure; removal; powers and 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.
(July 22, 1954, ch. 558, § 16, 68 Stat. 504; Pub. L. 85224, Aug. 30, 1957, 71 Stat. 510; Pub. L. 86289, § 3, Sept. 16, 1959, 73 Stat. 569; Pub. L. 90496, § 8(a), Aug. 23, 1968, 82 Stat. 839.)
## Notes
Editorial Notes
Amendments1968—Subsec. (a). Pub. L. 90496 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. 86289 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. 85224 provided for appointments to boards, authorities or commissions.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment 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. 90496, effective Jan. 4, 1971, see section 16 of Pub. L. 90496, set out as a note under section 1591 of this title.
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# 48 U.S.C. § 1598 - Omitted
## Notes
Editorial Notes
Codification Section, act July 22, 1954, ch. 558, § 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. 90496, Aug. 23, 1968, 82 Stat. 841, which amended section 1641 of this title. See Codification note set out under section 1641 of this title.
@@ -0,0 +1,51 @@
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# 48 U.S.C. § 1599 - Transfer of functions from government comptroller for Virgin Islands to Inspector General, Department of the Interior
## Text
(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) 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 chapter 4 of title 5.
(c) Transfer of personnel, assets, etc., of office of government 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.
(July 22, 1954, ch. 558, § 17, as added Pub. L. 97357, title III, § 309(b), Oct. 19, 1982, 96 Stat. 1710; amended Pub. L. 117286, § 4(b)(92), Dec. 27, 2022, 136 Stat. 4352.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1599, acts July 22, 1954, ch. 558, § 17, 68 Stat. 505; Aug. 28, 1958, Pub. L. 85851, §§ 4, 5, 72 Stat. 1094, 1095; Mar. 20, 1962, Pub. L. 87421, 76 Stat. 43; Aug. 23, 1968, Pub. L. 90496, § 9, 82 Stat. 840; Oct. 15, 1977, Pub. L. 95134, title III, § 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. 97357, § 309(b).
Amendments2022—Subsec. (b). Pub. L. 117286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (92 Stat. 1101), as amended.”
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# 48 U.S.C. § 1611 - District Court of Virgin Islands; local courts; jurisdiction; practice and procedure
## Text
(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.
(c) Practice and procedure 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.
(July 22, 1954, ch. 558, § 21, 68 Stat. 506; Pub. L. 98454, title VII, § 702, Oct. 5, 1984, 98 Stat. 1737.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98454 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).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98454, set out as a note under section 1424 of this title.
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# 48 U.S.C. § 1612 - Jurisdiction of District Court
## Text
(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.
(c) Criminal offenses; concurrent jurisdiction with local courts 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.
(July 22, 1954, ch. 558, § 22, 68 Stat. 506; Pub. L. 95598, title III, § 336(a), Nov. 6, 1978, 92 Stat. 2680; Pub. L. 98454, title VII, § 703(a), title X, § 1001, Oct. 5, 1984, 98 Stat. 1738, 1745; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, 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.
Amendments1986—Subsec. (a). Pub. L. 99514 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. 98454 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. 95598, which had amended this section, and added subsecs. (b) and (c). 1978—Pub. L. 95598 inserted “and a bankruptcy court” after “jurisdiction of a district court”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98454, set out as a note under section 1424 of this title.
Effective Date of 1978 AmendmentPub. L. 95598, title IV, § 402(e), Nov. 6, 1978, 92 Stat. 2682, which provided a prospective effective date for the amendment of this section by section 336(a) of Pub. L. 95598, was repealed by Pub. L. 98454, title X, § 1001, Oct. 5, 1984, 98 Stat. 1745.
Jurisdiction of District Court Over Pending CasesPub. L. 98454, title VII, § 703(b), Oct. 5, 1984, 98 Stat. 1738, 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. 98454].”
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# 48 U.S.C. § 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
## Text
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.
(July 22, 1954, ch. 558, § 23, 68 Stat. 506; Pub. L. 98454, title VII, § 704, Oct. 5, 1984, 98 Stat. 1739; Pub. L. 103437, § 17(a)(4), Nov. 2, 1994, 108 Stat. 4595; Pub. L. 112226, § 1, Dec. 28, 2012, 126 Stat. 1606.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112226 substituted a period for “: 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.” at end. 1994—Pub. L. 103437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”. 1984—Pub. L. 98454 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment Amendment by Pub. L. 112226 applicable to cases commenced on or after Dec. 28, 2012, see section 3 of Pub. L. 112226, set out as an Effective Date note under section 1260 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98454, set out as a note under section 1424 of this title.
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# 48 U.S.C. § 1613a - Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Third Circuit; rules; appeals to appellate court
## Text
(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 title: 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 11 See References in Text note below. shall be heard and determined by a single judge.
(c) United States Court of Appeals for Third Circuit; jurisdiction; 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.
(July 22, 1954, ch. 558, § 23A, as added Pub. L. 98454, title VII, § 705, Oct. 5, 1984, 98 Stat. 1739.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, 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. 98454, which is 90 days after Oct. 5, 1984, and which enacted this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98454, set out as an Effective Date of 1984 Amendment note under section 1424 of this title.
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# 48 U.S.C. § 1614 - Judges of District Court
## Text
(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.
(c) United States marshal 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.
(July 22, 1954, ch. 558, § 24, 68 Stat. 506; Pub. L. 85851, § 7, Aug. 28, 1958, 72 Stat. 1095; Pub. L. 91272, § 3(b), June 2, 1970, 84 Stat. 296; Pub. L. 98454, title VII, § 706(a), (b), Oct. 5, 1984, 98 Stat. 1740.)
## Notes
Editorial Notes
References in TextThe Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Codification In subsec. (c), “chapter 37 of title 28” substituted for “chapter 33 of title 28” on authority of Pub. L. 89554, § 7(b), Sept. 6, 1966, 80 Stat. 631, section 4(c) of which revised part II of Title 28, Judiciary and Judicial Procedure.
Amendments1984—Subsec. (a). Pub. L. 98454, § 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. 98454, § 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. 91272 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. 91272 added subsec. (b). Subsec. (c). Pub. L. 91272 added subsec. (c), the substance of which was formerly contained in subsec. (a). 1958—Pub. L. 85851 substituted “the Attorney General shall appoint a United States marshal” for “the Attorney General shall, as heretofore, appoint a marshal and one deputy marshal”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98454, set out as a note under section 1424 of this title.
Chief Judge; District Court; Determination and QualificationsPub. L. 98454, title VII, § 706(c), Oct. 5, 1984, 98 Stat. 1741, 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 JudgesExtension of term of district court judges to ten years applicable to judges holding office on Oct. 5, 1984, see section 1004 of Pub. L. 98454, set out as a note under section 1424b of this title.
Present IncumbentEnactment 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 JudgesResignation and retirement of judges in the Territories and possessions, see section 373 of Title 28, Judiciary and Judicial Procedure.
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# 48 U.S.C. § 1615 - Judicial divisions
## Text
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.
(July 22, 1954, ch. 558, § 25, 68 Stat. 507; Pub. L. 95598, title III, § 336(b), Nov. 6, 1978, 92 Stat. 2680; Pub. L. 98454, title VII, § 707, title X, § 1001, Oct. 5, 1984, 98 Stat. 1741, 1745; Pub. L. 101219, title II, § 203, Dec. 12, 1989, 103 Stat. 1874.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 101219 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. 98454 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. 95598 which had amended this section. 1978—Pub. L. 95598 substituted “section 2075 of title 28 in cases under title 11” for “section 53 of title 11 in bankruptcy cases”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98454, set out as a note under section 1424 of this title.
Effective Date of 1978 AmendmentPub. L. 95598, title IV, § 402(e), Nov. 6, 1978, 92 Stat. 2682, which provided a prospective effective date for the amendment of this section by section 336(b) of Pub. L. 95598, was repealed by Pub. L. 98454, title X, § 1001, Oct. 5, 1984, 98 Stat. 1745.
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# 48 U.S.C. § 1616 - Trial by jury
## Text
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.
(July 22, 1954, ch. 558, § 26, 68 Stat. 507; Pub. L. 85851, § 8, Aug. 28, 1958, 72 Stat. 1095.)
## Notes
Editorial Notes
Amendments1958—Pub. L. 85851 substituted requirement of jury trial upon demand by defendant or Government for prohibition against denial to any person on demand of either party.
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# 48 U.S.C. § 1617 - United States attorney; appointment; duties
## Text
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.
(July 22, 1954, ch. 558, § 27, 68 Stat. 507; Pub. L. 85851, § 9, Aug. 28, 1958, 72 Stat. 1095; Pub. L. 86289, § 4, Sept. 16, 1959, 73 Stat. 569; Pub. L. 9224, June 2, 1971, 85 Stat. 76; Pub. L. 98454, title VII, § 708, Oct. 5, 1984, 98 Stat. 1741.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98454 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. 9224 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. 86289 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. 85851 substituted “United States attorney” for “district attorney” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98454, set out as a note under section 1424 of this title.
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# 48 U.S.C. § 1631 - Establishment and maintenance; scope
## Text
The Governor shall establish and maintain systems of accounting and internal control designed to provide—
(a) full disclosure of the financial results of the governments activities;
(b) adequate financial information needed for the governments management purposes;
(c) effective control over and accountability for all funds, 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 governments 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 Governors budget request to the legislature, and for controlling the execution of the said budget.
(July 22, 1954, ch. 558, § 18, 68 Stat. 505.)
## Notes
Editorial Notes
References in TextSection 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.
Statutory Notes and Related Subsidiaries
Agreement Regarding Financial Accountability and Performance StandardsPub. L. 10684, § 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 [now Committee on Natural Resources] in the House of Representatives and the Committee on Energy and Natural Resources in the Senate.”
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# 48 U.S.C. § 1632 - Repealed. Pub. L. 90496, § 14, Aug. 23, 1968, 82 Stat. 842
## Notes
Section, act July 22, 1954, ch. 558, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 90496, § 14, Aug. 23, 1968, 82 Stat. 842, provided that the repeal of this section is effective on the date of enactment of Pub. L. 90496, which was approved Aug. 23, 1968.
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# 48 U.S.C. § 1641 - Method of payment of official salaries
## Text
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.
(July 22, 1954, ch. 558, § 20, formerly § 20(c), 68 Stat. 506; Pub. L. 85851, § 6(a), Aug. 28, 1958, 72 Stat. 1095; Pub. L. 90496, § 10, Aug. 23, 1968, 82 Stat. 841.)
## Notes
Editorial Notes
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. 90496 consolidated the text of said section 20 into a single unlettered paragraph, classified to this section.
Amendments1968—Pub. L. 90496 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. 85851 provided for the payment of the salary of the government comptroller by the United States instead of by the government of the Virgin Islands.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment 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. 90496, effective Jan. 4, 1971, see section 16 of Pub. L. 90496, set out as a note under section 1591 of this title.
Effective Date of 1958 AmendmentPub. L. 85851, § 6(b), Aug. 28, 1958, 72 Stat. 1095, provided that: “This section 6 [amending this section] shall become effective on July 1, 1959.”
Elimination of General Fund Deficits of Guam and Virgin IslandsPub. L. 96597, title VI, § 607, Dec. 24, 1980, 94 Stat. 3483, as amended by Pub. L. 97357, title VI, § 601, Oct. 19, 1982, 96 Stat. 1712, authorized limited payments to Guam and the Virgin Islands for fiscal years 1982 to 1985 provided the respective governors of those territories submit plans designed to eliminate the respective territories general fund deficits by the beginning of fiscal year 1987.
Authorization of Appropriations for Grants for Anticipated Deficits During Fiscal Years 1979 Through 1981; Terms and Conditions; Report on Financial Condition; ContentsPub. L. 95348, § 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. 96205, title IV, § 404, Mar. 12, 1980, 94 Stat. 89.
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# 48 U.S.C. § 1642 - Use of certain proceeds for expenditure; income tax obligations of inhabitants
## Text
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.
(July 22, 1954, ch. 558, § 28(a), 68 Stat. 508; Pub. L. 95348, § 4(c)(3), Aug. 18, 1978, 92 Stat. 491; Pub. L. 96205, title IV, § 403(a), Mar. 12, 1980, 94 Stat. 89.)
## Notes
Editorial Notes
References in TextAct of August 18, 1978, referred to in text, probably means Pub. L. 95348, Aug. 18, 1978, 92 Stat. 487, 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, 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 the Internal Revenue Code of 1939, which was repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. Similar provisions are contained in section 7651 of Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of Title 26, Internal Revenue Code. See also section 7852(b) of Title 26 for provision that references in any other law to a provision of the 1939 Code, unless expressly incompatible with the intent thereof, shall be deemed a reference to the corresponding provision of the 1986 Code.
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.
Amendments1980—Pub. L. 96205 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. 95348 struck out “less the cost of collecting all of said duties, taxes, and fees,” before “shall be covered”.
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# 48 U.S.C. § 1642a - Availability of collected customs duties for expenditures as Legislature may provide
## Text
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 11 So in original. Probably should be “Legislature”. of the Virgin Islands may provide.
(Pub. L. 96304, title I, § 100, July 8, 1980, 94 Stat. 907.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1642a, Pub. L. 9638, 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. 96205, title IV, § 403(b), Mar. 12, 1980, 94 Stat. 89.
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# 48 U.S.C. § 1643 - Import provisions with respect to trade-marks
## Text
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 registrants right under the Trade Mark Act [15 U.S.C. 1051 et seq.].
(July 22, 1954, ch. 558, § 28(c), 68 Stat. 509.)
## Notes
Editorial Notes
References in TextThe 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, which is classified generally to chapter 22 (§ 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.
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.
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# 48 U.S.C. § 1644 - Import duties on articles entering United States or possessions from Virgin Islands
## Text
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 11 See References in Text note below. of title 19 and subject to internal-revenue taxes as provided for in section 7652(b) of title 26.
(July 22, 1954, ch. 558, § 28(d), 68 Stat. 509; Sept. 1, 1954, ch. 1213, title IV, § 402(a), 68 Stat. 1140; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
## Notes
Editorial Notes
References in TextSection 1301a of title 19, referred to in text, was repealed by Pub. L. 87456, title III, § 301(a), May 24, 1962, 76 Stat. 75. See General Headnote 3(a) under section 1202 of Title 19, Customs Duties.
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.
Amendments1986—Pub. L. 99514 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1954 AmendmentAmendment 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.
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# 48 U.S.C. § 1645 - Remittance of duties, taxes, and fees to be collected in next fiscal year; authorization, prerequisites, amount, etc.
## Text
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 11 See References in Text note below. of this title.
(Pub. L. 95348, § 4(c)(2), Aug. 18, 1978, 92 Stat. 490.)
## Notes
Editorial Notes
References in TextThe Revised Organic Act of the Virgin Islands, referred to in text, is act July 22, 1954, ch. 558, 68 Stat. 497, 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. 97357, title III, § 308(g), Oct. 19, 1982, 96 Stat. 1710.
Codification Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter.