[Congressional Record Volume 164, Number 83 (Monday, May 21, 2018)]
[Senate]
[Page S2796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. King, and Mrs. Gillibrand):
  S. 2890. A bill to improve the prosecution of criminal offenses 
committed by juveniles on military installations, and for other 
purposes; to the Committee on Armed Services.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2890

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

     SECTION 1. RELINQUISHMENT OF LEGISLATIVE JURISDICTION OF 
                   CRIMINAL OFFENSES COMMITTED BY JUVENILES ON 
                   MILITARY INSTALLATIONS.

       (a) In General.--In the case of any military installation 
     or portion of a military installation of which legislative 
     jurisdiction of criminal offenses committed by juveniles is 
     retained by the United States as of the date of the enactment 
     of this Act, the Secretary concerned shall seek to relinquish 
     to the State, Commonwealth, territory, or possession 
     concerned legislative jurisdiction of such offenses such that 
     the United States and the State, Commonwealth, territory, or 
     possession, as the case may be, have concurrent legislative 
     jurisdiction of such offenses.
       (b) Manner of Relinquishment.--Legislative jurisdiction 
     shall be relinquished pursuant to subsection (a) in the 
     manner provided in section 2683(a) of title 10, United States 
     Code.
       (c) Deadline.--The Secretaries concerned shall, to the 
     extent practicable, complete relinquishment of legislative 
     jurisdiction pursuant to subsection (a) by not later than one 
     year after the date of the enactment of this Act.
       (d) Reports.--
       (1) In general.--Not later than 15 months after the date of 
     the enactment of this Act, each Secretary concerned shall 
     submit to Congress a report on the relinquishment of 
     legislative jurisdiction pursuant to subsection (a).
       (2) Elements.--The report of a Secretary under this 
     subsection shall include the following:
       (A) A list of the installations or portions of 
     installations under the jurisdiction of the Secretary of 
     which exclusive legislative jurisdiction of criminal offenses 
     committed by juveniles is retained by the United States as of 
     the date of the enactment of this Act.
       (B) A list of the installations or portions of 
     installations listed pursuant to subparagraph (A) for which 
     legislative jurisdiction was relinquished pursuant to 
     subsection (a) as of the date that is one year after the date 
     of the enactment of this Act.
       (C) A list of the installations or portions of 
     installations listed pursuant to subparagraph (A) for which 
     legislative jurisdiction was not relinquished pursuant to 
     subsection (a) as of the date that is one year after the date 
     of the enactment of this Act, and, for each such installation 
     or portion of installation, the reasons why legislative 
     jurisdiction was not so relinquished.
       (e) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' has the meaning given that term in 
     section 101(a)(9) of title 10, United States Code.

     SEC. 2. CONSIDERATION OF PROSECUTION BY FEDERAL PROSECUTORS 
                   OF FELONY OFFENSES COMMITTED BY JUVENILES ON 
                   MILITARY INSTALLATIONS WITH CONCURRENT FEDERAL-
                   STATE LEGISLATIVE JURISDICTION WHEN STATE 
                   PROSECUTORS DECLINE TO PROSECUTE.

       (a) In General.--In accordance with such regulations as the 
     Attorney General may prescribe, the Federal Government shall 
     consider the prosecution of charges in each circumstance 
     described in subsection (b).
       (b) Covered Circumstances.--A circumstance described in 
     this subsection is any circumstance involving an alleged 
     felony offense of a juvenile on a military installation for 
     which legislative jurisdiction of such offense of the Federal 
     Government is concurrent with legislative jurisdiction of 
     such offense by a State, Commonwealth, territory, or 
     possession in which--
       (1) a recommendation to bring charges is initially made to 
     the prosecutor of the State, Commonwealth, territory, or 
     possession concerned; and
       (2) the prosecutor of the State, Commonwealth, territory, 
     or possession declines to bring charges.
       (c) Felony Offense Defined.--In this section, the term 
     ``felony offense'' means an offense punishable by a maximum 
     term of imprisonment of more than one year.

     SEC. 3. ANNUAL REPORTS ON DISPOSITION OF FELONY OFFENSES 
                   COMMITTED BY JUVENILES ON MILITARY 
                   INSTALLATIONS.

       (a) Annual Reports Required.--Not later than March 31 each 
     year, each Secretary concerned shall submit to Congress a 
     report on the disposition of alleged felony offenses 
     committed by juveniles on military installations under the 
     control of such Secretary, including installations in foreign 
     countries, during the previous calendar year.
       (b) Elements.--Each report under this section shall 
     include, for the calendar year covered by such report, a list 
     of the alleged felony offenses committed by juveniles on 
     military installations under the control of the Secretary, 
     aggregated by installation, and with the information for each 
     alleged offense as follows:
       (1) Nature of the alleged offense.
       (2) Age and other appropriate data on the alleged offender, 
     including the connection, if any, of the alleged offender to 
     the Armed Forces.
       (3) Age and other appropriate data on each victim, 
     including the connection, if any, of such victim to the Armed 
     Forces.
       (4) Results of the investigation, if any, of the alleged 
     offense by any military, Federal, State, or local law 
     enforcement or criminal investigation organization.
       (5) If as a result of an investigation as described in 
     paragraph (4), a determination was made not to recommend the 
     bringing of charges against the alleged offender, whether to 
     a Federal prosecutor or the prosecutor of a State, 
     Commonwealth, territory, or possession, the justification for 
     such determination.
       (6) If as a result of an investigation as described in 
     paragraph (4), a determination was made to recommend the 
     bringing of charges against the alleged offender to a 
     prosecutor of a State, Commonwealth, territory, or 
     possession, and such prosecutor declined to bring charges, 
     the justification for lack of prosecution.
       (7) If as a result of an investigation as described in 
     paragraph (4), a determination was made to recommend the 
     bringing of charges against the alleged offender to a Federal 
     prosecutor, whether or not the prosecutor subsequently met 
     with the victim or victims as provided for in section 3771 of 
     title 18, United States Code.
       (8) If a Federal prosecutor declined to bring charges 
     against the alleged offender despite a recommendation for 
     such charges as described in paragraph (7), the justification 
     for lack of prosecution.
       (c) Coordination With Attorney General.--The Attorney 
     General shall take appropriate actions to ensure that 
     information on actions of Federal prosecutors that is 
     required for purposes of paragraphs (7) and (8) of subsection 
     (b) is submitted promptly to the Secretaries concerned for 
     inclusion in the reports required by subsection (a).
       (d) Definitions.--In this section:
       (1) The term ``felony offense'' means an offense punishable 
     by a maximum term of imprisonment of more than one year.
       (2) The term ``Secretary concerned'' has the meaning given 
     that term in section 101(a)(9) of title 10, United States 
     Code.

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