§1934 — Title 48 Territories and Insular Possessions | U.S. Code

Summary

Gives the District Court of Guam power over U.S. citizens, U.S. nationals, and lawful permanent residents while they are on U.S. defense sites in Palau. The U.S. defense sites in Palau are treated as if they are under U.S. territory for legal jurisdiction. If one of those people does something on a defense site that would be a crime under Guam law, they can be charged and punished the same as if it happened in Guam, even when no federal law specifically makes it a crime. The District Court of Guam can try all federal crimes and those Guam laws that apply on the sites. The court may appoint magistrate judges for the Palau sites. Those magistrates have the same powers as other federal magistrates and may try and sentence petty offenses, including violations of base rules, without the limits in 18 U.S.C. §3401(b).

Title 48, §1934

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)With respect to section 321 of the Compact of Free Association and its related agreements, the jurisdictional provisions set forth in subsection (b) of this section shall apply only to the citizens and nationals of the United States and aliens lawfully admitted to the United States for permanent residence who are in Palau.

(b)The defense sites of the United States established in Palau in accordance with the Compact of Free Association and its related agreements are within the special maritime and territorial jurisdiction of the United States as set forth in section 7, title 18.

(c)(1)Any person referred to in subsection (a) of this section who within or upon such defense sites is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the territory of Guam by the laws thereof, in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

(2)The District Court of Guam shall have jurisdiction to try all criminal offenses against the United States, including the laws of Guam made applicable to the defense sites in Palau by virtue of subsection (c)(1) of this section, committed by any person referred to in subsection (a) of this section.

(3)The District Court of Guam may appoint one or more magistrate judges for the defense sites in Palau. Such Magistrate Judges shall have the power and the status of Magistrate Judges appointed pursuant to chapter 43, title 28: Provided however, That such Magistrate Judges shall have the power to try persons accused of, and sentence persons convicted of, petty offenses, as defined in section 1(3),11 See References in Text note below. title 18, including violations of regulations for the maintenance of peace, order, and health issued by the Commanding Officer on such defense sites, without being subject to the restrictions provided for in section 3401(b), title 18.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Compact of Free Association, referred to in subsecs. (a) and (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. Section 1 of title 18, referred to in subsec. (c)(3), was repealed by Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027. Codification Section was formerly set out as a note under section 1681 of this title. Section was enacted as part of title II of Pub. L. 99–658, not as part of title I of Pub. L. 99–658 which comprises this part.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judges” and “Magistrate Judges” substituted for “magistrates” and “Magistrates”, respectively, wherever appearing in subsec. (c)(3) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§1934 Jurisdiction