II 

115TH CONGRESS 

2D SESSION S. 2890 

To improve the prosecution of criminal offenses committed by juveniles on 

military installations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2018 

Mr. CORNYN (for himself, Mr. KING, and Mrs. GILLIBRAND) introduced the 

following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To improve the prosecution of criminal offenses committed 

by juveniles on military installations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. RELINQUISHMENT OF LEGISLATIVE JURISDIC4 TION OF CRIMINAL OFFENSES COMMITTED 

5 BY JUVENILES ON MILITARY INSTALLATIONS. 

6 (a) IN GENERAL.—In the case of any military instal7 lation or portion of a military installation of which legisla8 tive jurisdiction of criminal offenses committed by juve9 niles is retained by the United States as of the date of 

10 the enactment of this Act, the Secretary concerned shall 


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1 seek to relinquish to the State, Commonwealth, territory, 

2 or possession concerned legislative jurisdiction of such of3 fenses such that the United States and the State, Com4 monwealth, territory, or possession, as the case may be, 

5 have concurrent legislative jurisdiction of such offenses. 

6 (b) MANNER OF RELINQUISHMENT.—Legislative ju7 risdiction shall be relinquished pursuant to subsection (a) 

8 in the manner provided in section 2683(a) of title 10, 

9 United States Code. 

10 (c) DEADLINE.—The Secretaries concerned shall, to 

11 the extent practicable, complete relinquishment of legisla12 tive jurisdiction pursuant to subsection (a) by not later 

13 than one year after the date of the enactment of this Act. 

14 (d) REPORTS.— 

15 (1) IN GENERAL.—Not later than 15 months 

16 after the date of the enactment of this Act, each 

17 Secretary concerned shall submit to Congress a re18 port on the relinquishment of legislative jurisdiction 

19 pursuant to subsection (a). 

20 (2) ELEMENTS.—The report of a Secretary 

21 under this subsection shall include the following: 

22 (A) A list of the installations or portions of 

23 installations under the jurisdiction of the Sec24 retary of which exclusive legislative jurisdiction 

25 of criminal offenses committed by juveniles is 


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1 retained by the United States as of the date of 

2 the enactment of this Act. 

3 (B) A list of the installations or portions 

4 of installations listed pursuant to subparagraph 

5 (A) for which legislative jurisdiction was relin6 quished pursuant to subsection (a) as of the 

7 date that is one year after the date of the en8 actment of this Act. 

9 (C) A list of the installations or portions of 

10 installations listed pursuant to subparagraph 

11 (A) for which legislative jurisdiction was not re12 linquished pursuant to subsection (a) as of the 

13 date that is one year after the date of the en14 actment of this Act, and, for each such installa15 tion or portion of installation, the reasons why 

16 legislative jurisdiction was not so relinquished. 

17 (e) SECRETARY CONCERNED DEFINED.—In this sec18 tion, the term ‘‘Secretary concerned’’ has the meaning 

19 given that term in section 101(a)(9) of title 10, United 

20 States Code. 


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1 SEC. 2. CONSIDERATION OF PROSECUTION BY FEDERAL 

2 PROSECUTORS OF FELONY OFFENSES COM3 MITTED BY JUVENILES ON MILITARY INSTAL4 LATIONS WITH CONCURRENT FEDERAL5 STATE LEGISLATIVE JURISDICTION WHEN 

6 STATE PROSECUTORS DECLINE TO PROS7 ECUTE. 

8 (a) IN GENERAL.—In accordance with such regula9 tions as the Attorney General may prescribe, the Federal 

10 Government shall consider the prosecution of charges in 

11 each circumstance described in subsection (b). 

12 (b) COVERED CIRCUMSTANCES.—A circumstance de13 scribed in this subsection is any circumstance involving an 

14 alleged felony offense of a juvenile on a military installa15 tion for which legislative jurisdiction of such offense of the 

16 Federal Government is concurrent with legislative jurisdic17 tion of such offense by a State, Commonwealth, territory, 

18 or possession in which— 

19 (1) a recommendation to bring charges is ini20 tially made to the prosecutor of the State, Common21 wealth, territory, or possession concerned; and 

22 (2) the prosecutor of the State, Commonwealth, 

23 territory, or possession declines to bring charges. 

24 (c) FELONY OFFENSE DEFINED.—In this section, 

25 the term ‘‘felony offense’’ means an offense punishable by 

26 a maximum term of imprisonment of more than one year. 


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1 SEC. 3. ANNUAL REPORTS ON DISPOSITION OF FELONY OF2 FENSES COMMITTED BY JUVENILES ON MILI3 TARY INSTALLATIONS. 

4 (a) ANNUAL REPORTS REQUIRED.—Not later than 

5 March 31 each year, each Secretary concerned shall sub6 mit to Congress a report on the disposition of alleged fel7 ony offenses committed by juveniles on military installa8 tions under the control of such Secretary, including instal9 lations in foreign countries, during the previous calendar 

10 year. 

11 (b) ELEMENTS.—Each report under this section shall 

12 include, for the calendar year covered by such report, a 

13 list of the alleged felony offenses committed by juveniles 

14 on military installations under the control of the Sec15 retary, aggregated by installation, and with the informa16 tion for each alleged offense as follows: 

17 (1) Nature of the alleged offense. 

18 (2) Age and other appropriate data on the al19 leged offender, including the connection, if any, of 

20 the alleged offender to the Armed Forces. 

21 (3) Age and other appropriate data on each vic22 tim, including the connection, if any, of such victim 

23 to the Armed Forces. 

24 (4) Results of the investigation, if any, of the 

25 alleged offense by any military, Federal, State, or 


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1 local law enforcement or criminal investigation orga2 nization. 

3 (5) If as a result of an investigation as de4 scribed in paragraph (4), a determination was made 

5 not to recommend the bringing of charges against 

6 the alleged offender, whether to a Federal pros7 ecutor or the prosecutor of a State, Commonwealth, 

8 territory, or possession, the justification for such de9 termination. 

10 (6) If as a result of an investigation as de11 scribed in paragraph (4), a determination was made 

12 to recommend the bringing of charges against the 

13 alleged offender to a prosecutor of a State, Com14 monwealth, territory, or possession, and such pros15 ecutor declined to bring charges, the justification for 

16 lack of prosecution. 

17 (7) If as a result of an investigation as de18 scribed in paragraph (4), a determination was made 

19 to recommend the bringing of charges against the 

20 alleged offender to a Federal prosecutor, whether or 

21 not the prosecutor subsequently met with the victim 

22 or victims as provided for in section 3771 of title 18, 

23 United States Code. 

24 (8) If a Federal prosecutor declined to bring 

25 charges against the alleged offender despite a recVerDate Sep 11 2014 22:33 May 29, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890

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1 ommendation for such charges as described in para2 graph (7), the justification for lack of prosecution. 

3 (c) COORDINATION WITH ATTORNEY GENERAL.— 

4 The Attorney General shall take appropriate actions to en5 sure that information on actions of Federal prosecutors 

6 that is required for purposes of paragraphs (7) and (8) 

7 of subsection (b) is submitted promptly to the Secretaries 

8 concerned for inclusion in the reports required by sub9 section (a). 

10 (d) DEFINITIONS.—In this section: 

11 (1) The term ‘‘felony offense’’ means an offense 

12 punishable by a maximum term of imprisonment of 

13 more than one year. 

14 (2) The term ‘‘Secretary concerned’’ has the 

15 meaning given that term in section 101(a)(9) of title 

16 10, United States Code. 

Æ 


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