TITLE XIV-YOUTH VIOLENCE SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR VIOLENCE. The 4th undesignated paragraph of section 5032 of title 18, States Code, is amended by striking "; however" and inserting the application of the preceding sentence, if the crime of an offense under section 113(a), 113(b), 113(c), 1111, 1113, the juvenile possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c), 'thirteen' shall be substituted for 'fifteen' and 'thirteenth' shall be substituted for 'fifteenth'. Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the preceding sentence 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 governing body of the tribe has elected that the preceding sentence have effect over land and persons subject to its criminal jurisdiction. However". SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING. Section 5032 of title 18, United States Code, is amended by striking "Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until" and inserting "A juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until". SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS. Section 5039 of title 18, United States Code, is amended by inserting ", whether pursuant to an adjudication of delinquency or conviction for an offense," after "committed" the first place it appears. SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES. Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751), as amended by section 100003, is amended- (1) by striking "and" at the end of paragraph (21); (2) by striking the period at the end of paragraph (22) and inserting "; and"; and (3) by adding at the end the following new paragraph: "(23) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-old juveniles in courts with jurisdiction over adults for the crimes of- "(A) murder in the first degree; "(B) murder in the second degree; "(C) attempted murder; "(D) armed robbery when armed with a firearm; "(E) aggravated battery or assault when armed with a firearm; "(F) criminal sexual penetration when armed with a firearm; and "(G) drive-by shootings as described in section 36 of title 18, United States Code.". SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY JUVENILES. Section 5038 of title 18, United States Code, is amended in subsection (f) by adding "or whenever a juvenille has been found guilty of committing an act after his 13th birthday which if committed by an adult would be an offense described in the second sentence of the fourth paragraph of section 5032 of this title," after "title 21,". SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE DRUGS NEAR SCHOOLS AND PLAYGROUNDS. Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: "(c) Notwithstanding any other law, any person at least 21 years of age who knowingly and intentionally- "(1) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to violate this section; or "(2) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to assist in avoiding detection or apprehension for any offense under this section by any Federal, State, or local law enforcement official, is punishable by a term of imprisonment, a fine, or both, up to triple those authorized by section 401.". SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE AND CONSPIRACY TO COMMIT CONTRACT KILLINGS. (a) Travel Act Penalties .-Section 1952(a) of title 18, United States Code, is amended by striking "and thereafter performs or attempts to perform any of the acts specified in subparagraphs (1), (2), and (3), shall be fined not more than $ 10,000 or imprisoned for not more than five years, or both." and inserting "and thereafter performs or attempts to perform- "(A) an act described in paragraph (1) or (3) shall be fined under this title, imprisoned not more than 5 years, or both; or "(B) an act described in paragraph (2) shall be fined under this title, imprisoned for not more than 20 years, or both, and if death results shall be imprisoned for any term of years or for life.". (b) Murder Conspiracy Penalties .-Section 1958(a) of title 18, United States Code, is amended by inserting "or who conspires to do so" before "shall be fined" the first place it appears. SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME. (a) Directive to Sentencing Commission .-(1) The United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide that a defendant 21 years of age or older who has been convicted of an offense shall receive an appropriate sentence enhancement if the defendant involved a minor in the commission of the offense. (2) The Commission shall provide that the guideline enhancement promulgated pursuant to paragraph (1) shall apply for any offense in relation to which the defendant has solicited, procured, recruited, counseled, encouraged, trained, directed, commanded, intimidated, or otherwise used or attempted to use any person less than 18 years of age with the intent that the minor would commit a Federal offense. (b) Relevant Considerations .-In implementing the directive in subsection (a), the Sentencing Commission shall consider- (1) the severity of the crime that the defendant intended the minor to commit; (2) the number of minors that the defendant used or attempted to use in relation to the offense; (3) the fact that involving a minor in a crime of violence is frequently of even greater seriousness than involving a minor in a drug trafficking offense, for which the guidelines already provide a two-level enhancement; and (4) the possible relevance of the proximity in age between the offender and the minor(s) involved in the offense.