‘‘(b) TRANSFER FOR FEDERAL CRIMINAL PROSECU-
TION.— 
‘‘(1) IN GENERAL.—A juvenile who is alleged to 
have committed an act of juvenile delinquency and 
who is not surrendered to State authorities shall be 
proceeded against under this chapter unless— 
‘‘(A) the juvenile has requested in writing 
upon advice of counsel to be proceeded against 
as an adult; 
‘‘(B) with respect to a juvenile 15 years 
and older alleged to have committed an act 
after his fifteenth birthday which if committed 
by an adult would be a felony that is a crime 
of violence or an offense described in section 
401 of the Controlled Substances Act (21 
U.S.C. 841), or section 1002(a), 1005, or 1009 
of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 952(a), 955, 959), or sec-
tion 922(x) of this title, or in section 924 (b), 
(g), or (h) of this title, the Attorney General 
makes a motion to transfer the criminal pros-
ecution on the basis of the alleged act in the 
appropriate district court of the United States 
and the court finds, after hearing, such transfer
would be in the interest of justice as provided 
in paragraph (2); or 
‘‘(C) with respect to a juvenile 13 years 
and older alleged to have committed an act 
after his thirteenth birthday which if committed 
by an adult would be a felony that is the crime 
of violence under section 113 (a), (b), (c), 1111, 
1113, or, if the juvenile possessed a firearm 
during the offense, an offense under section 
2111, 2113, 2241(a), or 2241(c), the Attorney 
General makes a motion to transfer the crimi-
nal prosecution on the basis of the alleged act 
in the appropriate district court of the United 
States and the court finds, after hearing, such 
transfer would be in the interest of justice as 
provided in paragraph (2). 
Notwithstanding sections 1152 and 1153, no person 
subject to the criminal jurisdiction of an Indian trib-
al government shall be subject to subparagraph (C) 
for any offense the Federal jurisdiction for which is 
predicated solely on Indian country (as defined in 
section 1151), and which has occurred within the 
boundaries of such Indian country, unless the gov-
erning body of the tribe has elected that the pre-
ceding sentence have effect over land and persons 
subject to its criminal jurisdiction. 
‘‘(2) FACTORS.— 
‘‘(A) IN GENERAL.—Evidence of the fol-
lowing factors shall be considered, and findings 
with regard to each factor shall be made in the 
record, in assessing whether a transfer under 
subparagraph (B) or (C) of paragraph (1), and 
paragraph (4) of subsection (d), would be in the 
interest of justice: 
‘‘(i) The age and social background of 
the juvenile. 
‘‘(ii) The nature of the alleged of-
fense, including the extent to which the ju-
venile played a leadership role in an orga-
nization, or otherwise influenced other per-
sons to take part in criminal activities. 
‘‘(iii) Whether prosecution of the juve-
nile as an adult would protect public safe-
ty. 
‘‘(iv) The extent and nature of the ju-
venile’s prior delinquency record. 
‘‘(v) The juvenile’s present intellectual 
development and psychological maturity.
‘‘(vi) The nature of past treatment ef-
forts and the juvenile’s response to such 
efforts. 
‘‘(vii) The availability of programs de-
signed to treat the juvenile’s behavioral 
problems. 
‘‘(B) NATURE OF THE OFFENSE.—In con-
sidering the nature of the offense, as required 
by this paragraph, the court shall consider the 
extent to which the juvenile played a leadership 
role in an organization, or otherwise influenced 
other persons to take part in criminal activities, 
involving the use or distribution of controlled 
substances or firearms. Such a factor, if found 
to exist, shall weigh in favor of a transfer to 
adult status, but the absence of this factor shall 
not preclude such a transfer. 
‘‘(C) NOTICE.—Reasonable notice of the 
transfer hearing under subparagraph (B) or (C) 
of paragraph (1) shall be given to the juvenile, 
the juvenile’s parents, guardian, or custodian 
and to the juvenile’s counsel. The juvenile shall 
be assisted by counsel during the transfer hear-
ing, and at every other critical stage of the pro-
ceedings.
‘‘(c) MANDATORY TRANSFER OF JUVENILE 16 OR 
OLDER.—A juvenile who is alleged to have committed an 
act on or after his sixteenth birthday, which if committed 
by an adult would be a felony offense, that has an element 
thereof the use, attempted use, or threatened use of phys-
ical force against the person of another, or that, by its 
very nature, involves a substantial risk that physical force 
against the person of another, may be used in committing 
the offense or would be an offense described in section 
32, 81, or 2275 or subsection (d), (e), (f), (h), or (i) of 
section 844 of this title, subsection (d) or (e) or subpara-
graphs (A), (B), (C), (D), or (E) of subsection (b)(1) of 
section 401 of the Controlled Substances Act, or section 
1002(a), 1003, or 1009, or paragraphs (1), (2), or (3) 
of section 1010(b) of the Controlled Substances Import 
and Export Act (21 U.S.C. 952(a), 953, 959, 960(b) (1), 
(2), and (3)), and who has previously been found guilty 
of an act which if committed by an adult would have been 
one of the offenses set forth in this subsection or sub-
section (b), or an offense in violation of a State felony 
statute that would have been such an offense if a cir-
cumstance giving rise to Federal jurisdiction had existed, 
shall be transferred, upon notification by the United 
States, to the appropriate district court of the United 
States for criminal prosecution.
‘‘(d) SIXTEEN
AND
SEVENTEEN
YEAR
OLDS 
CHARGED WITH THE MOST SERIOUS VIOLENT FELO-
NIES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a juvenile may be prosecuted as an 
adult if the juvenile is alleged to have committed, 
conspired, solicited or attempted to commit, on or 
after the day the juvenile attains the age of 16 any 
offense involving— 
‘‘(A) murder; 
‘‘(B) manslaughter; 
‘‘(C) assault with intent to commit murder; 
‘‘(D) sexual assault (which means any of-
fense that involves conduct that would violate 
chapter 109A if the conduct occurred in the 
special maritime and territorial jurisdiction); 
‘‘(E) robbery (as described in section 2111, 
2113, or 2118); 
‘‘(F) carjacking with a dangerous weapon; 
‘‘(G) extortion; 
‘‘(H) arson; 
‘‘(I) firearms use; 
‘‘(J) firearms possession (as described in 
section 924(c); 
‘‘(K) drive-by shooting;