48 U.S.C. § 1631 — Establishment and maintenance; scope

Page 161 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1631 5, 1984, 98 Stat. 1741, 1745; Pub. L. 101–219, title II, § 203, Dec. 12, 1989, 103 Stat. 1874.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–219 struck out provision that court for the Division of Saint Croix be held in Christiansted and for the Division of Saint Thomas and Saint John at Charlotte Amalie. 1984—Pub. L. 98–454 amended section generally, in- serting provisions setting forth places for the holding of court of each judicial division and striking out pro- visions relating to the applicability of procedural rules and prosecutions by information and indictment, which are now covered under section 1614 of this title, and re- pealed section 336 of Pub. L. 95–598 which had amended this section. 1978—Pub. L. 95–598 substituted ‘‘section 2075 of title 28 in cases under title 11’’ for ‘‘section 53 of title 11 in bankruptcy cases’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–598, 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 L. 95–598, was repealed by Pub. L. 98–454, title X, § 1001, Oct. 5, 1984, 98 Stat. 1745. § 1616. Trial by jury 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 legisla- ture 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. 85–851, § 8, Aug. 28, 1958, 72 Stat. 1095.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–851 substituted requirement of jury trial upon demand by defendant or Government for pro- hibition against denial to any person on demand of ei- ther party. § 1617. United States attorney; appointment; du- ties 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 attor- ney 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 of- fenses 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 gen- eral of the Virgin Islands. The United States at- torney may, when requested by the Governor or the attorney general of the Virgin Islands, con- duct 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. 85–851, § 9, Aug. 28, 1958, 72 Stat. 1095; Pub. L. 86–289, § 4, Sept. 16, 1959, 73 Stat. 569; Pub. L. 92–24, June 2, 1971, 85 Stat. 76; Pub. L. 98–454, title VII, § 708, Oct. 5, 1984, 98 Stat. 1741.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–454 substituted ‘‘courts established by local law’’ for ‘‘inferior courts of the Virgin Islands’’ wherever appearing and struck out provisions relating to vacancies in the office of United States attorney for the Virgin Islands. 1971—Pub. L. 92–24 substituted ‘‘chapter 35’’ for ‘‘chapter 31’’ and struck out ‘‘except that the Attorney General shall not appoint more than one assistant United States attorney for the Virgin Islands’’ after ‘‘shall apply’’. 1959—Pub. L. 86–289 substituted provisions making chapter 31 of title 28 applicable to United States attor- ney and by provisions specifying his duties, for provi- sions which prescribed his term of office and provided for his compensation, provided for appointment and compensation of his assistant and employees, and pro- vided that he or his assistant conduct all legal pro- ceedings in which the United States Government or the government of the Virgin Islands is a party in the Dis- trict Court and inferior courts. 1958—Pub. L. 85–851 substituted ‘‘United States attor- ney’’ for ‘‘district attorney’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title. SUBCHAPTER VI—SYSTEM OF ACCOUNTS § 1631. Establishment and maintenance; scope The Governor shall establish and maintain systems of accounting and internal control de- signed to provide— (a) full disclosure of the financial results of the government’s activities; (b) adequate financial information needed for the government’s management purposes; (c) effective control over and accountability for all funds, property, and other assets for which the government is responsible, includ- ing appropriate internal audit; and (d) reliable accounting results to serve as the basis for preparation and support of the government’s request for the approval of the President or his designated representative for the obligation and expenditure of the internal revenue collections as provided in section 26, the Governor’s budget request to the legisla- ture, and for controlling the execution of the said budget. (July 22, 1954, ch. 558, § 18, 68 Stat. 505.) Page 162 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1632 Editorial Notes REFERENCES IN TEXT Section 26, referred to in subsec. (d), probably means section 26 of S. 3378 (act July 22, 1954, ch. 558, 68 Stat. 497) prior to the submission of S. 3378 to the Conference Committee which redesignated section 26 as section 28 of S. 3378. Said section 28 was composed of subsecs. (a) to (d). Subsecs. (a), (c), and (d) thereof enacted sections 1642, 1643, and 1644 of this title, respectively. Subsec. (b) thereof added subsec. (c) to section 3350 of former Title 26, Internal Revenue Code. Reference to section 3350(c) of former Title 26 is deemed a reference to section 7652(b)(3) of Title 26, Internal Revenue Code. See sec- tion 7852(b) of Title 26, Internal Revenue Code, which provides that any reference in any other law to a provi- sion of the Internal Revenue Code of 1939 be deemed a reference to the corresponding provisions of the Inter- nal Revenue Code of 1986. Statutory Notes and Related Subsidiaries AGREEMENT REGARDING FINANCIAL ACCOUNTABILITY AND PERFORMANCE STANDARDS Pub. L. 106–84, § 2, Oct. 28, 1999, 113 Stat. 1295, provided that: ‘‘(a) IN GENERAL.—The Secretary of the Interior is au- thorized to enter into an agreement with the Governor of the Virgin Islands establishing mutually agreed fi- nancial 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 Com- mittee on Natural Resources] in the House of Rep- resentatives and the Committee on Energy and Natural Resources in the Senate.’’ § 1632. Repealed. Pub. L. 90–496, § 14, Aug. 23, 1968, 82 Stat. 842 Section, act July 22, 1954, ch. 558, § 19, 68 Stat. 505, au- thorized Comptroller General of United States to re- view 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 REPEAL Pub. L. 90–496, § 14, Aug. 23, 1968, 82 Stat. 842, provided that the repeal of this section is effective on the date of enactment of Pub. L. 90–496, which was approved Aug. 23, 1968. SUBCHAPTER VII—FISCAL PROVISIONS § 1641. Method of payment of official salaries The salaries and travel allowances of the Gov- ernor, Lieutenant Governor, the heads of the ex- ecutive departments, other officers and employ- ees 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. 85–851, § 6(a), Aug. 28, 1958, 72 Stat. 1095; Pub. L. 90–496, § 10, Aug. 23, 1968, 82 Stat. 841.) Editorial Notes CODIFICATION Prior to the 1968 amendment of section 20 of act July 22, 1954, this section constituted subsec. (c) of said sec- tion 20. Subsecs. (a) and (b) of said section 20 were clas- sified to sections 1592 and 1598, respectively, of this title. Section 10 of Pub. L. 90–496 consolidated the text of said section 20 into a single unlettered paragraph, classified to this section. AMENDMENTS 1968—Pub. L. 90–496 substituted provisions that the salaries and travel allowances of all officials connected with the executive and legislative departments of the government of the Virgin Islands be paid by the govern- ment of the Virgin Islands at rates prescribed by the laws of the Virgin Islands for provisions that the sala- ries of the Governor, the Government Secretary, the government comptroller, and their immediate staffs be paid by the United States, and provisions that the sala- ries 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 appropria- tions therefor, if the legislature fails to make an appro- priation for such salaries. 1958—Pub. L. 85–851 provided for the payment of the salary of the government comptroller by the United States instead of by the government of the Virgin Is- lands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment of provisions of section necessary to au- thorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments of provisions of section, unless otherwise expressly provided by Pub. L. 90–496, effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set out as a note under section 1591 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–851, § 6(b), Aug. 28, 1958, 72 Stat. 1095, pro- vided that: ‘‘This section 6 [amending this section] shall become effective on July 1, 1959.’’ ELIMINATION OF GENERAL FUND DEFICITS OF GUAM AND VIRGIN ISLANDS Pub. L. 96–597, title VI, § 607, Dec. 24, 1980, 94 Stat. 3483, as amended by Pub. L. 97–357, 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 terri- tories’ 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; CONTENTS Pub. L. 95–348, § 4(d), Aug. 18, 1978, 92 Stat. 491, author- ized appropriations for fiscal years 1979 to 1981 for grants for anticipated deficits in such years, and re- quired a report respecting financial conditions and ac- tivities, prior to repeal by Pub. L. 96–205, title IV, § 404, Mar. 12, 1980, 94 Stat. 89. § 1642. Use of certain proceeds for expenditure; income tax obligations of inhabitants The proceeds of customs duties, the proceeds of the United States income tax, the proceeds of any taxes levied by the Congress on the inhab- itants of the Virgin Islands, and the proceeds of all quarantine, passport, immigration, and natu- ralization 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 Janu-