‘‘(L) kidnapping; 
‘‘(M) maiming; 
‘‘(N) assault resulting in serious bodily in-
jury; or 
‘‘(O) obstruction of justice (as described in 
1512(a)(1)) on or after the day the juvenile at-
tains the age of 16. 
‘‘(2) OTHER
OFFENSES.—In a prosecution 
under this subsection the juvenile may be prosecuted 
and convicted as an adult for any other offense 
which is properly joined under the Federal Rules of 
Criminal Procedure, and may also be convicted as an 
adult of a lesser included offense. 
‘‘(3) REVIEWABILITY.—Except as otherwise 
provided by this subsection, a determination to ap-
prove or not to approve, or to institute or not to in-
stitute, a prosecution under this subsection shall not 
be reviewable in any court. 
‘‘(4) PROSECUTION.—(A) In any prosecution of 
a juvenile under this subsection, upon motion of the 
defendant, the court in which the criminal charges 
have been filed shall after a hearing determine 
whether to issue an order that the defendant should 
be transferred to juvenile status.
‘‘(B) A motion by a defendant under this para-
graph shall not be considered unless filed no later 
than 30 days after the date on which the defendant 
initially appears through counsel or expressly waives 
the right to counsel and elects to proceed pro se. 
‘‘(C) The court shall not order the transfer of 
a defendant to juvenile status under this paragraph 
unless the defendant establishes by the preponder-
ance of the evidence that removal to juvenile status 
would be in the interest of justice. In making a de-
termination under this paragraph, the court shall 
consider the factors specified in subsection (b)(2) of 
this section. 
‘‘(5) ORDER.—An order of the court made in 
ruling on a motion by a defendant to transfer a de-
fendant to juvenile status under this subsection shall 
not be a final order for the purpose of enabling an 
appeal, except that an appeal by the United States 
shall lie to a court of appeals pursuant to section 
3731 of this title from an order of a district court 
removing a defendant to juvenile status. Upon re-
ceipt of a notice of appeal of an order under this 
paragraph, a court of appeals shall hear and deter-
mine the appeal on an expedited basis. The court of 
appeals shall give due regard to the opportunity of
the district court to judge the credibility of the wit-
nesses, and shall accept the findings of fact of the 
district court unless they are clearly erroneous, and 
the court of appeals shall review de novo the district 
court’s application of the law to the facts. 
‘‘(e) SIXTEEN
AND
SEVENTEEN
YEAR
OLDS 
CHARGED WITH OTHER SERIOUS VIOLENT FELONIES.— 
‘‘(1) IN GENERAL.—Except as provided by sub-
section (d), a juvenile may be prosecuted as an adult 
if the juvenile is alleged to have committed an act 
on or after the day the juvenile attains the age of 
16 which is committed by an adult would be a seri-
ous violent felony as described in paragraphs (2) and 
(3) of section 3559(a). 
‘‘(2) OTHER
OFFENSES.—In a prosecution 
under this subsection the juvenile may be prosecuted 
and convicted as an adult for any other offense 
which is properly joined under the Federal Rules of 
Criminal Procedure, and may also be convicted as an 
adult of a lesser included offense. 
‘‘(3) REVIEWABILITY.—Except as otherwise 
provided by this subsection, a determination to ap-
prove or not to approve, or to institute or not to in-
stitute, a prosecution under this subsection shall not 
be reviewable in any court.
‘‘(4) PROSECUTION.—(A) In any prosecution of 
a juvenile under this subsection, upon motion of the 
defendant, the court in which the criminal charges 
have been filed shall after a hearing determine 
whether to issue an order that the defendant should 
be transferred to juvenile status. 
‘‘(B) A motion by a defendant under this para-
graph shall not be considered unless filed no later 
than 30 days after the date on which the defendant 
initially appears through counsel or expressly waives 
the right to counsel and elects to proceed pro se. 
‘‘(C) The court shall not order the transfer of 
a defendant to juvenile status under this paragraph 
unless the defendant establishes by the preponder-
ance of the evidence that removal to juvenile status 
would be in the interest of justice. In making a de-
termination under this paragraph, the court shall 
consider the factors specified in subsection (b)(2) of 
this section. 
‘‘(5) ORDER.—An order of the court made in 
ruling on a motion by a defendant to transfer a de-
fendant to juvenile status under this subsection shall 
be a final order for the purpose of enabling an ap-
peal. Upon receipt of a notice of appeal of an order 
under this paragraph, a court of appeals shall hear
and determine the appeal on an expedited basis. The 
court of appeals shall give due regard to the oppor-
tunity of the district court to judge the credibility of 
the witnesses, and shall accept the findings of fact 
of the district court unless they are clearly erro-
neous, and the court of appeals shall review de novo 
the district court’s application of the law to the 
facts. 
‘‘(f) PROCEEDINGS.— 
‘‘(1) SUBSEQUENT
PROCEEDING
BARRED.— 
Once a juvenile has entered a plea of guilty or the 
proceeding has reached the stage that evidence has 
begun to be taken with respect to a crime or an al-
leged act of juvenile delinquency subsequent criminal 
prosecution or juvenile proceedings based upon such 
alleged act of delinquency shall be barred. 
‘‘(2) STATEMENTS.—Statements made by a ju-
venile prior to or during a transfer hearing under 
this section shall not be admissible at subsequent 
criminal prosecutions except for impeachment pur-
poses or in a prosecution for perjury or making a 
false statement. 
‘‘(3) FURTHER PROCEEDINGS.—Whenever a ju-
venile transferred to district court under subsection 
(b) or (c) is not convicted of the crime upon which
the transfer was based or another crime which would 
have warranted transfer had the juvenile been ini-
tially charged with that crime, further proceedings 
concerning the juvenile shall be conducted pursuant 
to the provisions of this chapter. 
‘‘(4) RECEIPT OF RECORDS.—A juvenile shall 
not be transferred to adult prosecution under sub-
section (b) nor shall a hearing be held under section 
5037 (disposition after a finding of juvenile delin-
quency) until any prior juvenile court records of 
such juvenile have been received by the court, or the 
clerk of the juvenile court has certified in writing 
that the juvenile has no prior record, or that the ju-
venile’s record is unavailable and why it is unavail-
able. 
‘‘(5) SPECIFIC ACTS DESCRIBED.—Whenever a 
juvenile is adjudged delinquent pursuant to the pro-
visions of this chapter, the specific acts which the ju-
venile has been found to have committed shall be de-
scribed as part of the official record of the pro-
ceedings and part of the juvenile’s official record. 
‘‘(g) STATE.—For purposes of this section, the term 
‘State’ includes a State of the United States, the District 
of Columbia, and any commonwealth, territory, or posses-
sion of the United States.’’.
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 403 of title 18, United States Code, is amended 
by striking the item relating to section 5032 and inserting 
the following: 
‘‘5032. Delinquency proceedings in district courts; juveniles tried as adults; 
transfer for criminal prosecution.’’. 
SEC. 302. NOTIFICATION AFTER ARREST. 
Section 5033 of title 18, United States Code, is 
amended in the first sentence, by striking ‘‘immediately 
notify the Attorney General and’’ and inserting ‘‘imme-
diately, or as soon as practicable thereafter, notify the At-
torney General and shall promptly take reasonable steps 
to notify’’. 
SEC. 303. RELEASE AND DETENTION PRIOR TO DISPOSI-
TION. 
(a) DUTIES OF MAGISTRATE JUDGE.—Section 5034 
of title 18, United States Code, is amended— 
(1) in the first undesignated paragraph, by 
striking ‘‘The magistrate judge shall insure’’ and in-
serting the following: 
‘‘(a) IN GENERAL.— 
‘‘(1) REPRESENTATION
BY
COUNSEL.—The 
magistrate judge shall ensure’’; 
(2) in the second undesignated paragraph, by 
striking ‘‘The magistrate judge may appoint’’ and 
inserting the following:
‘‘(2) GUARDIAN
AD
LITEM.—The magistrate 
judge may appoint’’; 
(3) in the third undesignated paragraph, by 
striking ‘‘If the juvenile’’ and inserting the following: 
‘‘(b) RELEASE PRIOR TO DISPOSITION.—Except as 
provided in subsection (c), if the juvenile’’; and 
(4) by adding at the end the following: 
‘‘(c) RELEASE OF CERTAIN JUVENILES.— 
‘‘(1) IN GENERAL.—A juvenile, who is to be 
tried as an adult under section 5032, shall be re-
leased pending trial in accordance with the applica-
ble provisions of chapter 207. 
‘‘(2) CONDITIONS.—A release under paragraph 
(1) shall be conducted in the same manner, and 
shall be subject to the same terms, conditions, and 
sanctions for violation of a release condition, as pro-
vided for an adult under chapter 207. 
‘‘(d) PENALTY FOR AN OFFENSE COMMITTED WHILE 
ON RELEASE.— 
‘‘(1) IN GENERAL.—A juvenile alleged to have 
committed, while on release under this section, an 
offense that, if committed by an adult, would be a 
Federal criminal offense, shall be subject to prosecu-
tion under section 5032.
‘‘(2) APPLICABILITY OF CERTAIN PENALTIES.— 
Section 3147 shall apply to a juvenile who is to be 
tried as an adult under section 5032 for an offense 
committed while on release under this section.’’. 
(b) DETENTION PRIOR
TO DISPOSITION.—Section 
5035 of title 18, United States Code, is amended— 
(1) by striking ‘‘A juvenile’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), a juvenile’’; and 
(2) by adding at the end the following: 
‘‘(b) DETENTION OF CERTAIN JUVENILES.—A juve-
nile who is to be tried as an adult under section 5032 
shall be subject to detention in accordance with chapter 
207.’’. 
SEC. 304. SPEEDY TRIAL. 
Section 5036 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 5036. Speedy trial 
‘‘(a) IN GENERAL.—If an alleged delinquent, who is 
to be proceeded against as a juvenile pursuant to section 
5032 and who is in detention pending trial, is not brought 
to trial within 70 days from the date upon which such 
detention began, the information shall be dismissed on mo-
tion of the alleged delinquent or at the direction of the 
court. 
‘‘(b) PERIODS OF EXCLUSION.—The periods of exclu-
sion under section 3161(h) shall apply to this section. 
‘‘(c) JUDICIAL CONSIDERATIONS.—In determining 
whether an information should be dismissed with or with-
out prejudice, the court shall consider— 
‘‘(1) the seriousness of the alleged act of juve-
nile delinquency; 
‘‘(2) the facts and circumstances of the case 
that led to the dismissal; and 
‘‘(3) the impact of a reprosecution on the ad-
ministration of justice.’’. 
SEC. 305. FEDERAL SENTENCING GUIDELINES. 
(a) APPLICATION OF GUIDELINES TO CERTAIN JU-
VENILE DEFENDANTS.—Section 994(h) of title 28, United 
States Code, is amended by inserting ‘‘, or in which the 
defendant is a juvenile who is tried as an adult,’’ after 
‘‘old or older’’. 
(b) GUIDELINES
FOR JUVENILE CASES.—Section 
994 of title 28, United States Code, is amended by adding 
at the end the following: 
‘‘(z) GUIDELINES FOR JUVENILE CASES.—Not later 
than May 1, 2006, the Commission, pursuant to its rules 
and regulations and consistent with all pertinent provi-
sions of any Federal statute, shall promulgate and dis-
tribute, to all courts of the United States and to the 
United States Probation System, guidelines, as described 
in this section, for use by a sentencing court in deter-
mining the sentence to be imposed in a criminal case if 
the defendant committed the offense as a juvenile, and is 
tried as an adult pursuant to section 5032 of title 18.’’. 
Æ