48 U.S.C. § 1912: Jurisdiction

Summary

It makes U.S. defense sites in the Marshall Islands and the Federated States of Micronesia treated as under U.S. special jurisdiction. The rules only apply to U.S. citizens, U.S. nationals, and people lawfully admitted for permanent residence (green card holders) while they are on those sites. If one of those people does something on a defense site that would be a crime under the laws of Hawaii at that time, it is treated as the same crime and gets the same punishment. The U.S. District Court for the District of Hawaii handles those cases. That court can also appoint magistrate judges for the Marshall Islands sites. Those magistrates can hear and sentence petty offenses, including violations of base rules set by the commanding officer, and have the usual powers of magistrate judges.

Title 48, §1912

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 the Marshall Islands or the Federated States of Micronesia.

(b)(1)The defense sites of the United States established in the Marshall Islands or the Federated States of Micronesia 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.

(2)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 State of Hawaii 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.

(3)The United States District Court for the District of Hawaii shall have jurisdiction to try all criminal offenses against the United States, including the laws of the State of Hawaii made applicable to the defense sites in the Marshall Islands or the Federated States of Micronesia by virtue of paragraph (2) of this subsection, committed by any person referred to in subsection (a) of this section.

(4)The United States District Court for the District of Hawaii may appoint one or more magistrate judges for the defense sites in the Marshall Islands. 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), 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)(1), is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title. Section 1 of title 18, referred to in subsec. (b)(4), 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. 99–239, and not as part of title I of Pub. L. 99–239 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. (b)(4) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§1912 Jurisdiction