  "(b) COUNSEL.-(1) A STATE IN WHICH A SENTENCE OF DEATH MAY BE IMPOSED
UNDER STATE LAW SHALL PROVIDE LEGAL SERVICES TO-
      "(A) INDIGENTS CHARGED WITH OFFENSES FOR WHICH CAPITAL PUNISHMENT
    IS SOUGHT;
      "(B) INDIGENTS WHO HAVE BEEN SENTENCED TO DEATH AND WHO SEEK
    APPELLATE, POST-CONVICTION, OR UNITARY REVIEW IN STATE COURT; AND
      "(C) INDIGENTS WHO HAVE BEEN SENTENCED TO DEATH AND WHO SEEK
    CERTIORARI REVIEW OF STATE COURT JUDGMENTS IN THE UNITED STATES
    SUPREME COURT.
  "(2) THIS SECTION SHALL NOT APPLY OR FORM A BASIS FOR RELIEF TO
NONINDIGENTS.
  "(C) COUNSEL CERTIFICATION AUTHORITY.-A STATE IN WHICH A SENTENCE OF
DEATH MAY BE IMPOSED UNDER STATE LAW SHALL, WITHIN 180 DAYS AFTER THE
DATE OF ENACTMENT OF THIS SUBSECTION, ESTABLISH A STATE COUNSEL
CERTIFICATION AUTHORITY, WHICH SHALL BE COMPRISED OF MEMBERS OF THE BAR
WITH SUBSTANTIAL EXPERIENCE IN, OR COMMITMENT TO, THE REPRESENTATION OF
CRIMINAL DEFENDANTS IN CAPITAL CASES, AND SHALL BE COMPRISED OF A
BALANCED REPRESENTATION FROM EACH SEGMENT OF THE STATE'S CRIMINAL DEFENSE
BAR, SUCH AS A STATEWIDE DEFENDER ORGANIZATION, A CAPITAL CASE RESOURCE
CENTER, LOCAL PUBLIC DEFENDER'S OFFICES AND PRIVATE ATTORNEYS INVOLVED IN
CRIMINAL TRIAL, APPELLATE, POST-CONVICTION, OR UNITARY REVIEW PRACTICE.
IF A STATE FAILS TO ESTABLISH A COUNSEL CERTIFICATION AUTHORITY WITHIN
180 DAYS AFTER THE DATE OF ENACTMENT OF THIS SUBSECTION, A PRIVATE CAUSE
OF ACTION MAY BE BROUGHT IN FEDERAL DISTRICT COURT TO ENFORCE THIS
SUBSECTION BY ANY AGGRIEVED PARTY, INCLUDING A DEFENDANT ELIGIBLE FOR
APPOINTED REPRESENTATION UNDER THIS SUBSECTION OR A MEMBER OF AN
ORGANIZATION ELIGIBLE FOR REPRESENTATION ON THE COUNSEL CERTIFICATION
AUTHORITY. IF THE COURT FINDS THAT THE STATE HAS FAILED TO ESTABLISH A

                 COUNSEL CERTIFICATION AUTHORITY AS REQUIRED BY THIS SUBSECTION, THE COURT
SHALL GRANT APPROPRIATE INJUNCTIVE AND DECLARATORY RELIEF, EXCEPT THAT
THE COURT SHALL NOT GRANT RELIEF THAT DISTURBS ANY CRIMINAL CONVICTION OR
SENTENCE, OBSTRUCTS THE PROSECUTION OF STATE CRIMINAL PROCEEDINGS, OR
ALTERS PROCEEDINGS ARISING UNDER THIS CHAPTER.
  "(D) DUTIES OF AUTHORITY; CERTIFICATION OF COUNSEL.-THE COUNSEL
CERTIFICATION AUTHORITY SHALL-
      "(1) ESTABLISH AND PUBLISH STANDARDS GOVERNING QUALIFICATIONS OF
    COUNSEL, WHICH SHALL INCLUDE-
          "(A) KNOWLEDGE AND UNDERSTANDING OF PERTINENT LEGAL AUTHORITIES
        REGARDING ISSUES IN CAPITAL CASES;
          "(B) SKILLS IN THE CONDUCT OF NEGOTIATIONS AND LITIGATION IN
        CAPITAL CASES, THE INVESTIGATION OF CAPITAL CASES AND THE
        PSYCHIATRIC HISTORY AND CURRENT CONDITION OF CAPITAL CLIENTS, AND
        THE PREPARATION AND WRITING OF LEGAL PAPERS IN CAPITAL CASES;
          "(C) THE MINIMUM QUALIFICATIONS REQUIRED BY SUBSECTION (E); AND
                  "(D) ANY ADDITIONAL QUALIFICATIONS RELEVANT TO THE
        REPRESENTATION OF CAPITAL DEFENDANTS;
      "(2) ESTABLISH APPLICATION AND CERTIFICATION PROCEDURES FOR
    ATTORNEYS WHO POSSESS THE QUALIFICATIONS ESTABLISHED PURSUANT TO
    PARAGRAPH (1);
      "(3) ESTABLISH APPLICATION AND CERTIFICATION PROCEDURES FOR
    ATTORNEYS WHO DO NOT POSSESS ALL THE QUALIFICATIONS ESTABLISHED
    PURSUANT TO PARAGRAPH (1) BUT WHO POSSESS, IN ADDITION TO THE MINIMUM
    QUALIFICATIONS REQUIRED BY SUBSECTION (E), ADDITIONAL RESOURCES (SUCH
    AS AN AFFILIATION WITH A PUBLICLY FUNDED DEFENDER ORGANIZATION) AND
    EXPERIENCE THAT ENABLE THEM TO PROVIDE QUALITY LEGAL REPRESENTATION
    COMPARABLE TO THAT OF AN ATTORNEY POSSESSING THE QUALIFICATIONS
    ESTABLISHED PURSUANT TO PARAGRAPH (1);
      "(4) ESTABLISH APPLICATION AND CERTIFICATION PROCEDURES, TO BE USED
    ON A CASE BY CASE BASIS, FOR ATTORNEYS WHO DO NOT NECESSARILY POSSESS
    THE MINIMUM QUALIFICATIONS REQUIRED BY SUBSECTION (E), BUT WHO
    POSSESS OTHER EXTRAORDINARY EXPERIENCE AND RESOURCES THAT ENABLE THEM
    TO PROVIDE QUALITY LEGAL REPRESENTATION COMPARABLE TO THAT OF AN
    ATTORNEY POSSESSING THE QUALIFICATIONS ESTABLISHED PURSUANT TO
    PARAGRAPH (1);
      "(5) PUBLISH A CURRENT ROSTER OF ATTORNEYS CERTIFIED PURSUANT TO
    PARAGRAPHS (2) AND (3) TO BE APPOINTED IN CAPITAL CASES;
      "(6) ESTABLISH AND PUBLISH STANDARDS GOVERNING THE PERFORMANCE OF
    COUNSEL IN CAPITAL CASES, INCLUDING STANDARDS THAT PROSCRIBE ABUSIVE
    PRACTICES AND MANDATE SOUND PRACTICES IN ORDER TO FURTHER THE FAIR
    AND ORDERLY ADMINISTRATION OF JUSTICE;
      "(7) MONITOR THE PERFORMANCE OF ATTORNEYS CERTIFIED PURSUANT TO
    THIS SUBSECTION; AND
      "(8) DELETE FROM THE ROSTER THE NAME OF ANY ATTORNEY WHO FAILS TO
    MEET THE QUALIFICATION OR PERFORMANCE STANDARDS ESTABLISHED PURSUANT
    TO THIS SUBSECTION.
  "(E) MINIMUM COUNSEL STANDARDS.-ALL COUNSEL CERTIFIED PURSUANT TO
PARAGRAPH (2) OR (3) OF SUBSECTION (D) OR APPOINTED PURSUANT TO
SUBSECTION (F) SHALL POSSESS, IN ADDITION TO ANY QUALIFICATIONS REQUIRED
BY STATE OR LOCAL LAW, THE FOLLOWING MINIMUM QUALIFICATIONS:
      "(1) FAMILIARITY WITH THE PERFORMANCE STANDARDS ESTABLISHED BY THE
    COUNSEL CERTIFICATION AUTHORITY;
      "(2) FAMILIARITY WITH THE APPROPRIATE COURT SYSTEM, INCLUDING THE
    PROCEDURAL RULES REGARDING TIMELINESS OF FILINGS AND PROCEDURAL

                     DEFAULT; AND
      "(3) IN THE CASE OF COUNSEL APPOINTED FOR THE TRIAL OR SENTENCING
    STAGES, AT LEAST 2 OF THE QUALIFICATIONS LISTED IN SUBPARAGRAPH (A)
    AND 1 OF THE QUALIFICATIONS LISTED IN SUBPARAGRAPH (B), OR 1 OF THE
    ALTERNATIVE QUALIFICATIONS LISTED IN SUBPARAGRAPH (C):
          "(A) QUALIFYING TRIAL EXPERIENCE (MUST HAVE 2).-PRIOR
        EXPERIENCE WITHIN THE LAST 10 YEARS AS-
              "(i) lead or sole counsel in 12 jury trials, of which no
            fewer than 5 were criminal jury trials;
              "(ii) lead or sole counsel in 3 criminal jury trials in
            which the charge was murder or aggravated murder;
              "(iii) co-counsel in 5 criminal jury trials in which the
            charge was murder or aggravated murder;
              "(iv) lead or sole counsel in no fewer than 5 criminal jury
            trials involving crimes of violence against persons,
            punishable by imprisonment of over 1 year,
        which were tried to a verdict or to a deadlocked jury.
          "(B) QUALIFYING CAPITAL TRIAL EXPERIENCE (MUST HAVE 1).-
              "(I) LEAD OR SOLE COUNSEL WITHIN THE LAST 5 YEARS IN THE
            TRIAL OF AT LEAST 1 CAPITAL CASE THAT WAS TRIED THROUGH
            SENTENCING;
              "(II) CO-COUNSEL IN THE TRIAL OF NO FEWER THAN 2 CAPITAL
            CASES (1 OF WHICH OCCURRED WITHIN THE LAST 5 YEARS) THAT WERE
            TRIED THROUGH SENTENCING;
              "(III) SUCCESSFUL COMPLETION WITHIN THE PRECEDING 2 YEARS
            OF A TRAINING PROGRAM IN CAPITAL TRIAL LITIGATION THAT HAS
            BEEN CERTIFIED BY THE COUNSEL CERTIFICATION AUTHORITY OR, IF
            THE AUTHORITY HAS NOT CERTIFIED A PROGRAM, SUCCESSFUL
            COMPLETION OF AN AT LEAST 12-HOUR TRAINING PROGRAM IN CAPITAL
            TRIAL LITIGATION FOR WHICH CONTINUING LEGAL EDUCATION (CLE)
            CREDIT IS AVAILABLE, AND WHICH THE CLE AUTHORITY IN THE STATE
            HAS CERTIFIED AS COMPORTING WITH THE OBJECTIVES AND
            REQUIREMENTS OF THIS SECTION.
          "(C) ALTERNATIVE QUALIFYING EXPERIENCE FOR
        TRIAL.-NOTWITHSTANDING SUBPARAGRAPHS (A) AND (B), AN ATTORNEY
        SHALL BE ELIGIBLE FOR CERTIFICATION PURSUANT TO PARAGRAPH (2) OR
        (3) OF SUBSECTION (D) OR APPOINTMENT PURSUANT TO SUBSECTION (G)
        IF THE ATTORNEY-
              "(I) HAS CONDUCTED 5 EVIDENTIARY HEARINGS AND HAS BEEN
            EMPLOYED FOR MORE THAN 1 YEAR BY A CAPITAL RESOURCE CENTER, A
            UNIT OR ITS EQUIVALENT THAT SPECIALIZES IN CAPITAL CASES
            WITHIN A PUBLIC DEFENDER OFFICE, OR A PUBLIC INTEREST LAW
            OFFICE SPECIALIZING IN CAPITAL LITIGATION; OR
              "(II) HAS BEEN CERTIFIED BY THE STATE CAPITAL LITIGATION
            RESOURCE CENTER AS COMPETENT TO BE ASSIGNED TO A CAPITAL
            TRIAL;
      "(4) IN THE CASE OF COUNSEL APPOINTED FOR APPELLATE OR UNITARY
    REVIEW, AT LEAST 1 OF THE QUALIFICATIONS LISTED IN SUBPARAGRAPH (A)
    AND 1 OF THE QUALIFICATIONS LISTED IN SUBPARAGRAPH (B), OR 1 OF THE
    ALTERNATIVE QUALIFICATIONS LISTED IN SUBPARAGRAPH (C):
          "(A) QUALIFYING APPELLATE EXPERIENCE (MUST HAVE 1).-PRIOR
        EXPERIENCE WITHIN THE PAST 5 YEARS AS-
              "(I) LEAD OR SOLE COUNSEL IN NO FEWER THAN 10 APPEALS, OF
            WHICH NO FEWER THAN 5 WERE CRIMINAL APPEALS;
              "(II) LEAD OR SOLE COUNSEL IN AT LEAST 6 CRIMINAL FELONY

                                  APPEALS;
              "(III) LEAD OR SOLE COUNSEL IN 3 CRIMINAL OR FELONY
            APPEALS, AT LEAST 1 OF WHICH WAS AN APPEAL OF A MURDER OR
            AGGRAVATED MURDER CONVICTION,
        WHICH WERE FULLY BRIEFED.
          "(B) QUALIFYING CAPITAL APPELLATE EXPERIENCE (MUST HAVE 1).-
              "(I) LEAD OR SOLE COUNSEL WITHIN THE LAST 5 YEARS IN THE
            APPEAL OR UNITARY REVIEW OF AT LEAST 1 CAPITAL CASE;
              "(II) CO-COUNSEL IN THE APPEAL OR UNITARY REVIEW OF NO
            FEWER THAN 2 CAPITAL CASES, 1 OF WHICH OCCURRED WITHIN THE
            LAST 5 YEARS;
              "(III) SUCCESSFUL COMPLETION WITHIN THE PRECEDING 2 YEARS
            OF A TRAINING PROGRAM IN THE LITIGATION OF CAPITAL APPEALS
            THAT HAS BEEN CERTIFIED BY THE COUNSEL CERTIFICATION
            AUTHORITY OR, IF THE AUTHORITY HAS NOT CERTIFIED A PROGRAM,
            SUCCESSFUL COMPLETION OF AN AT LEAST 12-HOUR TRAINING PROGRAM
            IN CAPITAL LITIGATION WITH A FOCUS ON APPEALS FOR WHICH
            CONTINUING LEGAL EDUCATION (CLE) CREDIT IS AVAILABLE, AND
            WHICH THE CLE AUTHORITY IN THE STATE HAS CERTIFIED AS
            COMPORTING WITH THE OBJECTIVES AND THE REQUIREMENTS OF THIS
            SECTION.
          "(C) ALTERNATIVE QUALIFYING EXPERIENCE FOR
        APPEALS.-NOTWITHSTANDING SUBPARAGRAPHS (A) AND (B), AN ATTORNEY
        SHALL BE ELIGIBLE FOR CERTIFICATION PURSUANT TO PARAGRAPH (2) OR
        (3) OF SUBSECTION (C) OR FOR APPOINTMENT PURSUANT TO SUBSECTION
        (F) IF THE ATTORNEY-
              "(I) HAS BEEN EMPLOYED FOR MORE THAN 1 YEAR BY A CAPITAL
            RESOURCE CENTER, A UNIT OR ITS EQUIVALENT THAT SPECIALIZES IN
            CAPITAL CASES WITHIN A PUBLIC DEFENDER OFFICE, OR A PUBLIC
            INTEREST LAW OFFICE SPECIALIZING IN CAPITAL LITIGATION; OR
              "(II) HAS BEEN CERTIFIED BY THE STATE CAPITAL LITIGATION
            RESOURCE CENTER AS COMPETENT  TO BE ASSIGNED TO A CAPITAL
            APPEAL; AND
      "(5) IN THE CASE OF COUNSEL APPOINTED FOR POST-CONVICTION
    PROCEEDINGS, AT LEAST 2 OF THE QUALIFICATIONS LISTED IN SUBPARAGRAPH
    (A) AND AT LEAST 1 OF THE QUALIFICATIONS LISTED IN SUBPARAGRAPH (B),
    OR 1 OF THE ALTERNATIVE QUALIFICATIONS LISTED IN SUBPARAGRAPH (C):
          "(A) QUALIFYING POST-CONVICTION EXPERIENCE (MUST HAVE 2).-PRIOR
        EXPERIENCE WITHIN THE PAST 10 YEARS AS-
              "(I) LEAD OR SOLE COUNSEL IN NO FEWER THAN 3
            POST-CONVICTION PROCEEDINGS;
              "(II) CO-COUNSEL IN NO FEWER THAN 5 POST-CONVICTION
            PROCEEDINGS;
              "(iii) 1 of the trial qualifications listed in paragraph
            (3)(A);
              "(iv) 1 of the appellate qualifications listed in paragraph
            (4)(A).
          "(B) QUALIFYING CAPITAL POST-CONVICTION EXPERIENCE (MUST HAVE
        1).-
              "(I) LEAD OR SOLE COUNSEL WITHIN THE LAST 5 YEARS IN THE
            TRIAL (THROUGH SENTENCING), APPEAL, OR POST-CONVICTION REVIEW
            OF AT LEAST 1 CAPITAL CASE;
              "(II) CO-COUNSEL IN THE TRIAL (THROUGH SENTENCING), APPEAL,
            OR POST-CONVICTION REVIEW OF NO FEWER THAN 2 CAPITAL CASES, 1
            OF WHICH OCCURRED WITHIN THE LAST 5 YEARS;

                                   "(III) SUCCESSFUL COMPLETION DURING THE PRECEDING 2 YEARS
            OF A TRAINING PROGRAM IN THE LITIGATION OF CAPITAL
            POST-CONVICTION PROCEEDINGS THAT HAS BEEN CERTIFIED BY THE
            COUNSEL CERTIFICATION AUTHORITY OR, IF THE AUTHORITY HAS NOT
            CERTIFIED A PROGRAM, SUCCESSFUL COMPLETION OF AN AT LEAST
            12-HOUR TRAINING PROGRAM IN CAPITAL LITIGATION WITH A FOCUS
            ON POST-CONVICTION PROCEEDINGS FOR WHICH CONTINUING LEGAL
            EDUCATION (CLE) CREDIT IS AVAILABLE, AND WHICH THE CLE
            AUTHORITY IN THE STATE HAS CERTIFIED AS COMPORTING WITH THE
            OBJECTIVES AND REQUIREMENTS OF THIS SECTION.
          "(C) ALTERNATIVE QUALIFYING EXPERIENCE FOR POST-CONVICTION
        PROCEEDINGS.-NOTWITHSTANDING SUBPARAGRAPHS (A) AND (B), AN
        ATTORNEY SHALL BE ELIGIBLE FOR CERTIFICATION PURSUANT TO
        PARAGRAPH (2) OR (3) OF SUBSECTION (D) OR APPOINTMENT PURSUANT TO
        SUBSECTION (G) IF THE ATTORNEY-
              "(I) HAS CONDUCTED 3 EVIDENTIARY HEARINGS AND HAS BEEN
            EMPLOYED FOR MORE THAN 1 YEAR BY A CAPITAL LITIGATION
            RESOURCE CENTER, BY A UNIT OR ITS EQUIVALENT THAT SPECIALIZES
            IN CAPITAL CASES WITHIN A PUBLIC DEFENDER OFFICE, OR BY A
            PUBLIC INTEREST LAW OFFICE SPECIALIZING IN CAPITAL
            LITIGATION; OR
              "(II) HAS BEEN CERTIFIED BY THE STATE CAPITAL LITIGATION
            RESOURCE CENTER AS COMPETENT TO BE ASSIGNED TO A CAPITAL
            POST-CONVICTION PROCEEDING.
  "(F) APPOINTMENT OF CERTIFIED COUNSEL.-(1) THE STATE COURT SHALL
APPOINT AT LEAST 2 ATTORNEYS TO REPRESENT AN INDIGENT AT TRIAL, AND AT
LEAST 1 ATTORNEY TO REPRESENT AN INDIGENT AT THE APPELLATE, UNITARY OR
POST-CONVICTION REVIEW STAGE, INCLUDING-
      "(A) A LEAD COUNSEL WHO IS NAMED ON THE ROSTER PUBLISHED PURSUANT
    TO SUBSECTION (D)(5);
      "(B) A DEFENDER ORGANIZATION OR RESOURCE CENTER, WHICH SHALL
    DESIGNATE APPROPRIATE ATTORNEYS AFFILIATED WITH THE ORGANIZATION,
    INCLUDING A LEAD COUNSEL WHO IS NAMED ON THE ROSTER; OR
      "(C) A LEAD COUNSEL CERTIFIED PURSUANT TO SUBSECTION (D)(4).
  "(2) THE STATE COURT MAY APPOINT ADDITIONAL ATTORNEYS UPON A SHOWING OF
NEED.
  "(G) APPOINTMENT OF NONCERTIFIED COUNSEL.-(1) IF THERE IS NO ROSTER OF
ATTORNEYS PUBLISHED PURSUANT TO SUBSECTION (D)(5), OR IF NO ATTORNEY ON
THE ROSTER CAN ACCEPT THE APPOINTMENT AND IF NO ATTORNEY CERTIFIED
PURSUANT TO SUBSECTION (D)(4) HAS BEEN APPOINTED, THE STATE COURT SHALL
APPOINT AT LEAST 2 ATTORNEYS TO REPRESENT AN INDIGENT AT TRIAL, AND AT
LEAST 1 ATTORNEY TO REPRESENT AN INDIGENT AT THE APPELLATE, UNITARY OR
POST-CONVICTION REVIEW STAGE, INCLUDING-
      "(A) A LEAD COUNSEL WHO POSSESSES THE MINIMUM QUALIFICATIONS
    REQUIRED BY SUBSECTION (E); OR
      "(B) A DEFENDER ORGANIZATION OR RESOURCE CENTER, WHICH SHALL
    DESIGNATE APPROPRIATE ATTORNEYS AFFILIATED WITH THE ORGANIZATION,
    INCLUDING A LEAD COUNSEL WHO POSSESSES THE QUALIFICATIONS REQUIRED BY
    SUBSECTION (E).
  "(2) NO ATTORNEY SHALL BE APPOINTED PURSUANT TO THIS SUBSECTION UNLESS
THE STATE COURT HAS FIRST CONDUCTED AN EVIDENTIARY HEARING ON THE RECORD
IN WHICH THE COURT DETERMINES, AFTER THE ATTORNEY GIVES SWORN TESTIMONY
AND PRESENTS DOCUMENTARY PROOF THAT THE ATTORNEY POSSESSES EACH OF THE
QUALIFICATIONS REQUIRED BY SUBSECTION (E), THAT THE ATTORNEY POSSESSES
THE REQUISITE QUALIFICATIONS. IN MAKING ITS DETERMINATION, THE COURT

                     SHALL, AS TO EACH QUALIFICATION REQUIRED BY SUBSECTION (E), MAKE A
SPECIFIC FINDING ON THE RECORD THAT THE ATTORNEY POSSESSES THE
QUALIFICATION.
  "(H) NO ATTORNEY MAY BE DENIED CERTIFICATION PURSUANT TO PARAGRAPH (2)
OR (3) OF SUBSECTION (D) OR APPOINTMENT PURSUANT TO SUBSECTION (G) SOLELY
BECAUSE OF PRIOR EMPLOYMENT AS A PROSECUTOR.
  "(I) PRIOR TO APPOINTING COUNSEL PURSUANT TO THIS SECTION, THE STATE
COURT SHALL INQUIRE AS TO WHETHER COUNSEL MAINTAINS A WORKLOAD WHICH, BY
REASON OF ITS EXCESSIVE SIZE, WILL INTERFERE WITH THE RENDERING OF
QUALITY REPRESENTATION OR CREATE A SUBSTANTIAL RISK OF A BREACH OF
PROFESSIONAL OBLIGATIONS.
  "(J) IF A PERSON ENTITLED TO AN APPOINTMENT OF COUNSEL DECLINES TO
ACCEPT AN APPOINTMENT, THE STATE COURT SHALL CONDUCT, OR CAUSE TO BE
CONDUCTED, A HEARING, AT WHICH THE PERSON AND COUNSEL PROPOSED TO BE
APPOINTED SHALL BE PRESENT, TO DETERMINE THE PERSON'S COMPETENCE TO
DECLINE THE APPOINTMENT, AND WHETHER THE PERSON HAS COMPETENTLY AND
KNOWINGLY DECLINED IT.
  "(k) If a State court fails to appoint counsel in a proceeding
specified in subsection (b), or if a State court in a proceeding
described in subsection (b)-
      "(1) fails to appoint the number of counsel required in subsection
    (f);
      "(2) appoints counsel whose name is not on the roster published
    pursuant to subsection (d)(5);
      "(3) appoints counsel who has failed to present a certification
    issued pursuant to subsection (d)(4); or
      "(4) when subsection (g) applies, fails to hold the hearing,
    receive the requisite testimony and proof, or make the determination
    required by subsection (g),
 a Federal court, in a proceeding under this chapter, shall neither
presume findings of fact made at such proceeding to be correct nor
decline to consider a claim on the ground that it was not raised in such
proceeding at the time or in the manner prescribed by State law. In no
circumstances other than those described in this subsection shall a
determination of noncompliance with this section provide a basis for
relief to a petitioner proceeding under this chapter.
  "(l) No attorney appointed to represent a prisoner in State
post-conviction proceedings shall have previously represented the
prisoner at trial or on direct appeal in the case for which the
appointment is made, unless the prisoner and attorney expressly request
continued representation.
  "(m) Notwithstanding the rates and maximum limits generally applicable
to criminal cases and any other provision of law to the contrary, the
highest State court with jurisdiction over criminal cases shall, after
notice and comment, establish a schedule of hourly rates for the
compensation of attorneys appointed pursuant to this section that are
reasonable in light of the qualifications of attorneys appointed and the
local practices for legal representation in cases reflecting the
complexity and responsibility of capital cases. For each attorney
appointed pursuant to this section, the State court shall separately
order compensation at the rates set by the highest State court for the
hours the attorneys reasonably expended on the case and for reasonable
expenses paid for investigative, expert, and other reasonably necessary
services. Any aggrieved party may bring a private cause of action in
Federal district court to enforce the provisions of this subsection for

                    the establishment of a schedule of reasonable hourly rates for the
compensation of attorneys. In such an action, the Federal court shall not
independently determine the appropriate rates, but shall decide whether
the hourly rates as scheduled by the State court are within the range of
reasonableness consistent with the criteria stated in this subsection. If
the hourly rates as scheduled are not within the range of reasonableness,
or if no schedule of rates has been established, the court shall grant
appropriate injunctive or declaratory relief, except that the court shall
not grant relief that disturbs any criminal conviction or sentence,
obstructs the prosecution of State criminal proceedings, or alters
proceedings arising under this chapter.
  "(n) The ineffectiveness or incompetence of counsel appointed pursuant
to this section during State or Federal post-conviction proceedings shall
not be a ground for relief in a proceeding arising under section 2254.
This limitation shall not preclude the appointment of different counsel
at any phase of State or Federal post-conviction proceedings.
  "(o) Nothing in this section changes the constitutional standard
governing claims of ineffective assistance of counsel pursuant to the
sixth amendment to the Constitution of the United States. A determination
of noncompliance with this section (as opposed to the facts which support
such a determination) shall not provide a basis for a claim of
constitutionally ineffective assistance of counsel.
  "(p) The requirements of this section shall apply to any appointment of
counsel made after the effective date of this section in any trial,
direct appeal, or unitary review of a capital indigent. Counsel shall be
appointed as provided in this section in any post-conviction proceeding
commenced after the effective date of this section. In no case shall
counsel appointed for a proceeding commenced before the effective date of
this section be subject to the requirements of this section, nor shall
any person whose counsel was appointed for any trial, appeal,
post-conviction or unitary review before the effective date of this
section be entitled to any relief, including application of subsection
(k), based on a claim that counsel was not appointed in conformity with
subsection (f) or (g).".
  (b) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 153 OF TITLE
28, UNITED STATES CODE, AS AMENDED BY SECTION 304(A)(2), IS AMENDED BY
ADDING AT THE END THE FOLLOWING NEW ITEM:
"2258. Counsel in capital cases; State court.".
SEC. 309. CAPITAL LITIGATION FUNDING.
  (a) GRANTS FOR CAPITAL HABEAS CORPUS PROSECUTIONS.-
      (1) IN GENERAL.-SUBPART 2 OF PART E OF TITLE I OF THE OMNIBUS CRIME
    CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3711 ET SEQ.) IS
    AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTION:
                        "HABEAS CORPUS LITIGATION
  "SEC. 511A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, THE
DIRECTOR SHALL PROVIDE GRANTS TO THE STATES, FROM THE FUNDING ALLOCATED
PURSUANT TO SECTION 511, FOR THE PURPOSE OF SUPPORTING LITIGATION
PERTAINING TO FEDERAL HABEAS CORPUS PETITIONS IN CAPITAL CASES. THE TOTAL
FUNDING  AUTHORIZED FOR SUCH GRANTS WITHIN ANY FISCAL YEAR SHALL BE EQUAL
TO THE FUNDING PROVIDED TO CAPITAL RESOURCE CENTERS, PURSUANT TO FEDERAL
APPROPRIATION, IN THE SAME FISCAL YEAR.".
      (2) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS OF TITLE I OF THE
    OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C.
    PRECEDING 3701) IS AMENDED BY INSERTING AFTER THE ITEM RELATING TO
    SECTION 511 THE FOLLOWING NEW ITEM:

                     "Sec. 511A. Habeas corpus litigation.".
  (b) GRANTS FOR STATE CAPITAL LITIGATION.-
      (1) IN GENERAL.-Title I of the Omnibus Crime Control and Safe
    Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
    103(a) is amended-
          (A) by redesignating part R as part S;
          (B) by redesignating section 1801 as section 1901; and
          (C) by inserting after part Q the following new part:
               "PART R-GRANTS FOR STATE CAPITAL LITIGATION
"SEC. 1801. GRANT AUTHORIZATION.
  "The Director of the Bureau of Justice Assistance shall make grants to
States from amounts appropriated to carry out this part for the use by
States and by local entities in the States to comply with section 2258 of
title 28, United States Code.
"SEC. 1802. STATE APPLICATIONS.
  "(a) IN GENERAL.-(1) TO REQUEST A GRANT UNDER THIS PART, THE CHIEF
EXECUTIVE OF A STATE SHALL SUBMIT AN APPLICATION TO THE DIRECTOR IN SUCH
FORM AND CONTAINING SUCH INFORMATION AS THE DIRECTOR MAY REASONABLY
REQUIRE.
  "(2) AN APPLICATION UNDER PARAGRAPH (1) SHALL INCLUDE ASSURANCES THAT
FEDERAL FUNDS RECEIVED UNDER THIS PART SHALL BE USED TO SUPPLEMENT, NOT
SUPPLANT, NON-FEDERAL FUNDS THAT WOULD OTHERWISE BE AVAILABLE FOR
ACTIVITIES FUNDED UNDER THIS PART.
  "(B) STATE OFFICE.-THE OFFICE DESIGNATED UNDER SECTION 507-
      "(1) SHALL PREPARE AN APPLICATION UNDER THIS SECTION; AND
      "(2) SHALL ADMINISTER GRANT FUNDS RECEIVED UNDER THIS PART,
    INCLUDING REVIEW OF SPENDING, PROCESSING, PROGRESS, FINANCIAL
    REPORTING, TECHNICAL ASSISTANCE, GRANT ADJUSTMENTS, ACCOUNTING,
    AUDITING, AND FUND DISBURSEMENT.
"SEC. 1803. REVIEW OF STATE APPLICATIONS.
  "(a) IN GENERAL.-THE DIRECTOR SHALL MAKE A GRANT UNDER SECTION 1801 TO
CARRY OUT THE ACTIVITIES DESCRIBED IN THE APPLICATION SUBMITTED BY AN
APPLICANT UNDER SECTION 1802 UPON DETERMINING THAT-
      "(1) THE APPLICATION IS CONSISTENT WITH THE REQUIREMENTS OF THIS
    PART; AND
      "(2) BEFORE THE APPROVAL OF THE APPLICATION, THE BUREAU HAS MADE AN
    AFFIRMATIVE FINDING IN WRITING THAT THE PROPOSED ACTIVITIES HAVE BEEN
    REVIEWED IN ACCORDANCE WITH THIS PART.
  "(B) APPROVAL.-EACH APPLICATION SUBMITTED UNDER SECTION 1802 SHALL BE
CONSIDERED TO BE APPROVED, IN WHOLE OR IN PART, BY THE DIRECTOR NOT LATER
THAN 45 DAYS AFTER FIRST  RECEIVED UNLESS THE DIRECTOR INFORMS THE
APPLICANT OF SPECIFIC REASONS FOR DISAPPROVAL.
  "(C) DISAPPROVAL NOTICE AND RECONSIDERATION.-THE DIRECTOR SHALL NOT
DISAPPROVE ANY APPLICATION WITHOUT FIRST AFFORDING THE APPLICANT
REASONABLE NOTICE AND OPPORTUNITY FOR RECONSIDERATION.
"SEC. 1804. DISTRIBUTION OF FUNDS.
  "For fiscal years 1994, 1995, and 1996, the Federal share of a grant
made under this part may not exceed 75 percent of the total costs of the
activities described in the application submitted under section 1702 for
the fiscal year for which the project receives assistance under this
part.  Thereafter, the Federal share of a grant made under this part may
not exceed 50 percent.
"SEC. 1805. EVALUATION.
  "(a) IN GENERAL.-(1) A STATE THAT RECEIVES A GRANT UNDER THIS PART
SHALL SUBMIT TO THE DIRECTOR AN EVALUATION NOT LATER THAN MARCH 1 OF EACH

                      YEAR IN ACCORDANCE WITH GUIDELINES ISSUED BY THE DIRECTOR.
  "(2) THE DIRECTOR MAY WAIVE THE REQUIREMENT SPECIFIED IN SUBSECTION (A)
IF THE DIRECTOR DETERMINES THAT SUCH EVALUATION IS NOT WARRANTED IN THE
CASE OF ANY PARTICULAR STATE.
  "(B) DISTRIBUTION.-A State or local entity may use not more than 5
percent of the funds it receives under this part to develop an evaluation
program under this section.".
      (2) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS OF TITLE I OF THE
    OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3711 ET
    SEQ.), AS AMENDED BY SECTION 103(B), IS AMENDED BY STRIKING THE
    MATTER RELATING TO PART R AND INSERTING THE FOLLOWING:
               "PART R-GRANTS FOR STATE CAPITAL LITIGATION
"Sec. 1801. Grant authorization.
"Sec. 1802. State applications.
"Sec. 1803. Review of State applications.
"Sec. 1804. Distribution of funds.
"Sec. 1805. Evaluation.
               "PART S-TRANSITION; EFFECTIVE DATE; REPEALER
"Sec. 1901. Confirmation of rules, authorities, and proceedings.
      (3) AUTHORIZATION OF APPROPRIATIONS.-SECTION 1001(A) OF TITLE I OF
    THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C.
    3793(A)), AS AMENDED BY SECTION 103(C), IS AMENDED-
          (A) IN PARAGRAPH (3) BY STRIKING "AND Q" AND INSERTING "Q, AND
        R"; AND
          (B) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH:
  "(12) THERE ARE AUTHORIZED TO BE APPROPRIATED $50 MILLION FOR EACH OF
FISCAL YEARS 1995, 1996, AND 1997 TO CARRY OUT ACTIVITIES UNDER PART R.".
SEC. 310. ABROGATION OF STATE SOVEREIGN IMMUNITY.
  Any State, any instrumentality of a State, and any officer or employee
of a State or instrumentality of a State acting in an official capacity,
shall not be immune, under the Eleventh Amendment to the Constitution of
the United States, from suit in Federal court for a violation of
subsection 2258(c) or (m) of title 28, United States Code, as added by
section 308(a).
SEC.  311. EFFECTIVE DATE.
  (a) IN GENERAL.-EXCEPT AS PROVIDED IN SUBSECTION (B), THIS TITLE AND
THE AMENDMENTS MADE BY THIS TITLE SHALL TAKE EFFECT ON THE DATE THAT IS
180 DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT.
  (B) SECTION 2258(b) OF TITLE 28, UNITED STATES CODE.-SECTION 2258(B) OF
TITLE 28, UNITED STATES CODE, AS ADDED BY SECTION 308(A), SHALL TAKE
EFFECT ON THE DATE OF ENACTMENT OF THIS ACT.
                       TITLE IV-GUN CRIME PENALTIES
SEC. 401. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A
CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.
  (a) AMENDMENT TO SENTENCING GUIDELINES.-PURSUANT TO ITS AUTHORITY UNDER
SECTION 994 OF TITLE 28, UNITED STATES CODE, THE UNITED STATES SENTENCING
COMMISSION SHALL AMEND ITS SENTENCING GUIDELINES TO PROVIDE AN
APPROPRIATE ENHANCEMENT OF THE PUNISHMENT FOR A CRIME OF VIOLENCE (AS
DEFINED IN SECTION 924(C)(3) OF TITLE 18, UNITED STATES CODE) OR A DRUG
TRAFFICKING CRIME (AS DEFINED IN SECTION 924(C)(2) OF TITLE 18, UNITED
STATES CODE) IF A SEMIAUTOMATIC FIREARM IS INVOLVED.
  (B) SEMIAUTOMATIC FIREARM.-In subsection (a), "semiautomatic firearm"
means any repeating firearm that utilizes a portion of the energy of a
firing cartridge to extract the fired cartridge case and chamber the next
round and that requires a separate pull of the trigger to fire each

                        cartridge.
SEC. 402. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO
COMMIT A FELONY.
  Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall promulgate amendments
to the sentencing guidelines to appropriately enhance penalties in a case
in which a defendant convicted under section 844(h) of title 18, United
States Code, has previously been convicted under that section.
SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
  Section 924 of title 18, United States Code, as amended by section 213,
is amended by adding at the end the following new subsection:
  "(j) A person who, with intent to engage in or to promote conduct that-
      "(1) is punishable under the Controlled Substances Act (21 U.S.C.
    801 et seq.), the Controlled Substances Import and Export Act (21
    U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46
    U.S.C. App. 1901 et seq.);
      "(2) violates any law of a State relating to any controlled
    substance (as defined in section 102 of the Controlled Substances
    Act, 21 U.S.C. 802); or
      "(3) constitutes a crime of violence (as defined in subsection
    (c)(3),
smuggles or knowingly brings into the United States a firearm, or
attempts to do so, shall be imprisoned not more than 10 years, fined
under this title, or both.".
SEC. 404. THEFT OF FIREARMS AND EXPLOSIVES.
  (a) FIREARMS.-Section 924 of title 18, United States Code, as amended
by section 403(a), is amended by adding at the end the following new
subsection:
  "(k) A person who steals any firearm which is moving as, or is a part
of, or which has moved in, interstate or foreign commerce shall be
imprisoned for not more than 10 years, fined under this title, or both.".
  (b) EXPLOSIVES.-Section 844 of title 18, United States Code, is amended
by adding at the end the following new subsection:
  "(k) A person who steals any explosives materials which are moving as,
or are a part of, or which have moved in, interstate or foreign commerce
shall be imprisoned for not more than 10 years, fined under this title,
or both.".
SEC. 405. REVOCATION OF SUPERVISED RELEASE.
  Section 3583 of title 18, United States Code, is amended by striking
subsection (g) and inserting the following:
  "(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR
FIREARM OR FOR REFUSAL TO COOPERATE WITH DRUG TESTING.-If the defendant-
      "(1) possesses a controlled substance in violation of the condition
    set forth in subsection (d);
      "(2) possesses a firearm, as such term is defined in section 921 of
    this title, in violation of Federal law, or otherwise violates a
    condition of supervised release prohibiting the defendant from
    possessing a firearm; or
      "(3) refuses to cooperate in drug testing imposed as a condition of
    supervised release,
the court shall revoke the term of supervised release and require the
defendant to serve a term of imprisonment not to exceed the maximum term
of imprisonment authorized under subsection (e)(3).".
SEC. 406. REVOCATION OF PROBATION.
  (a) CONTINUATION OR REVOCATION.-SECTION 3565(A) OF TITLE 18, UNITED

                           STATES CODE, IS AMENDED-
      (1) IN PARAGRAPH (2) BY STRIKING "IMPOSE ANY OTHER SENTENCE THAT
    WAS AVAILABLE UNDER SUBCHAPTER A AT THE TIME OF THE INITIAL
    SENTENCING" AND INSERTING "RESENTENCE THE DEFENDANT UNDER SUBCHAPTER
    A"; AND
      (2) BY STRIKING THE LAST SENTENCE.
  (B) MANDATORY REVOCATION.-Section 3565(b) of title 18, United States
Code, is amended to read as follows:
  "(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR
FIREARM OR FOR REFUSAL TO COOPERATE WITH DRUG TESTING.-If the defendant-
      "(1) possesses a controlled substance in violation of the condition
    set forth in section 3563(a)(3);
      "(2) possesses a firearm (as defined in section 921) in violation
    of Federal law or otherwise violates a condition of probation
    prohibiting the defendant from possessing a firearm; or
      "(3) refuses to cooperate in drug testing in violation of the
    condition imposed under subsection (a)(4),
the court shall revoke the sentence of probation and resentence the
defendant under subchapter A to a sentence that includes a term of
imprisonment.".
SEC. 407. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL
STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A LICENSED
DEALER.
  Section 924(a) of title 18, United States Code, is amended-
      (1) in paragraph (a)(1)(B) by striking "(a)(6),"; and
      (2) in subsection (a)(2) by inserting "(a)(6)," after
    "subsections".
SEC. 408. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
  Section 842(i) of title 18, United States Code, is amended by inserting
"or possess" after "to receive".
SEC. 409. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.
  Section 844(c) of title 18, United States Code, is amended-
      (1) by inserting "(1)" after "(c)"; and
      (2) by adding at the end the following new paragraphs:
  "(2) Notwithstanding paragraph (1), in the case of the seizure of any
explosive materials for any offense for which the materials would be
subject to forfeiture in which it would be impracticable or unsafe to
remove the materials to a place of storage or would be unsafe to store
them, the seizing officer may destroy the explosive materials forthwith.
Any destruction under this paragraph shall be in the presence of at least
1 credible witness. The seizing officer shall make a report of the
seizure and take samples as the Secretary may by regulation prescribe.
  "(3) Within 60 days after any destruction made pursuant to paragraph
(2), the owner of (including any person having an interest in) the
property so destroyed may make application to the Secretary for
reimbursement of the value of the property. If the claimant establishes
to the satisfaction of the Secretary that-
      "(A) the property has not been used or involved in a violation of
    law; or
      "(B) any unlawful involvement or use of the property was without
    the claimant's knowledge, consent, or willful blindness,
the Secretary shall make an allowance to the claimant not exceeding the
value of the property destroyed.".
SEC. 410. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.
  (a) SECTION (e)(1) OF TITLE 18.-Section 924(e)(1) of title 18, United

                         States Code, is amended by striking ", and such person shall not be
eligible for parole with respect to the sentence imposed under this
subsection".
  (b) SECTION 924(c)(1) OF TITLE 18.-Section 924(c)(1) of title 18,
United States Code, is amended by striking "No person sentenced under
this subsection shall be eligible for parole during the term of
imprisonment imposed under this subsection.".
SEC. 411. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS
WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.
  Section 922(j) of title 18, United States Code, is amended to read as
follows:
  "(j) It shall be unlawful for any person to receive, possess, conceal,
store, barter, sell, or dispose of any stolen firearm or stolen
ammunition, or pledge or accept as security for a loan any stolen firearm
or stolen ammunition, which is moving as, which is a part of, which
constitutes, or which has been shipped or transported in, interstate or
foreign commerce, either before or after it was stolen, knowing or having
reasonable cause to believe that the firearm or ammunition was stolen.".
SEC. 412. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR FORGERY.
  Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its sentencing
guidelines to provide an appropriate enhancement of the punishment for a
defendant convicted of a felony under chapter 25 of title 18, United
States Code, if the defendant used or carried a firearm (as defined in
section 921(a)(3) of title 18, United States Code) during and in relation
to the felony.
SEC. 413. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS
AND SERIOUS DRUG OFFENDERS.
  Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its sentencing
guidelines to-
      (1) appropriately enhance penalties in cases in which a defendant
    convicted under section 922(g) of title 18, United States Code, has 1
    prior conviction by any court referred to in section 922(g)(1) of
    title 18 for a violent felony (as defined in section 924(e)(2)(B) of
    that title) or a serious drug offense (as defined in section
    924(e)(2)(A) of that title); and
      (2) appropriately enhance penalties in cases in which such a
    defendant has 2 prior convictions for a violent felony (as so
    defined) or a serious drug offense (as so defined).
SEC. 414. RECEIPT OF FIREARMS BY NONRESIDENT.
  Section 922(a) of title 18, United States Code, is amended-
      (1) by striking "and" at the end of paragraph (7);
      (2) by striking the period at the end of paragraph (8) and
    inserting "; and"; and
      (3) by adding at the end the following new paragraph:
      "(9) for any person, other than a licensed importer, licensed
    manufacturer, licensed dealer, or licensed collector, who does not
    reside in any State to receive any firearms unless such receipt is
    for lawful sporting purposes.".
SEC. 415. FIREARMS AND EXPLOSIVES CONSPIRACY.
  (a) FIREARMS.-Section 924 of title 18, United States Code, as amended
by section 404(a), is amended by adding at the end the following new
subsection:
  "(l) A person who conspires to commit any offense under this chapter

                          shall be subject to the same penalties as those prescribed for the
offense the commission of which was the object of the conspiracy, except
that-
      "(1) in the case of a conspiracy to commit an offense under
    subsection (c) of this section, the authorized term of imprisonment
    shall be any term of years not exceeding 20; and
      "(2) if the firearm is a machinegun or destructive device, or is
    equipped with a firearm silencer or muffler, the authorized term of
    imprisonment shall be any term of years or life.".
  (b) EXPLOSIVES.-Section 844 of title 18, United States Code, as amended
by section 404(b), is amended by adding at the end the following new
subsection:
  "(l) A person who conspires to commit any offense under this chapter
shall be subject to the same penalties as those prescribed for the
offense the commission of which was the object of the conspiracy, except
that in the case of a conspiracy to commit an offense under subsection
(h) of this section, the authorized term of imprisonment shall be any
term of years not exceeding 20.
SEC. 416. STUDY OF INCENDIARY AMMUNITION; REPORT TO CONGRESS.
  (a) STUDY.-The Secretary of the Treasury shall conduct a study of the
incendiary ammunition offered for sale under the brand name "Dragon's
Breath" and also known as the "Three Second Flame Thrower", and all
incendiary ammunition of similar function or effect, for the purpose of
determining whether there is a reasonable sporting use for such
ammunition and whether there is a reasonable use for such ammunition in
law enforcement.
  (b) REPORT TO THE CONGRESS.-Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall submit to the
Committee on the Judiciary of the House of Representatives a report
containing the results of the study required by subsection (a) and
recommendations for such legislative or administrative action, with
respect to the ammunition referred to in subsection (a), as the Secretary
deems appropriate.
SEC. 417. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.
  (a) FIREARMS.-Section 924 of title 18, United States Code, as amended
by section 415(a), is amended by adding at the end the following new
subsection:
  "(m) A person who steals any firearm from a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector shall be fined under
this title, imprisoned not more than 10 years, or both.".
  (b) EXPLOSIVES.-Section 844 of title 18, United States Code, as amended
by section 415(b), is amended by adding at the end the following new
subsection:
  "(m) A person who steals any explosive material from a licensed
importer, licensed manufacturer, or licensed dealer, or from any
permittee shall be fined under this title, imprisoned not more than 10
years, or both.".
SEC. 418. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
  Section 842(d) of title 18, United States Code, is amended by striking
"licensee" and inserting "person".
SEC. 419. CLARIFICATION OF "BURGLARY" UNDER THE ARMED CAREER CRIMINAL
STATUTE.
  Section 924(e)(2) of title 18, United States Code, is amended-
      (1) by striking "and" at the end of subparagraph (B)(ii);
      (2) by striking the period at the end of subparagraph (C) and

                                 inserting "; and"; and
      (3) by adding at the end the following new subparagraph:
      "(D) the term 'burglary' means any crime punishable by a term of
    imprisonment exceeding 1 year and consisting of entering or remaining
    surreptitiously within a building that is the property of another
    with intent to engage in conduct constituting a Federal or State
    offense.".
SEC. 420. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.
  Section 924 of title 18, United States Code, as amended by section
417(a), is amended by adding at the end the following new subsection:
  "(n) A person who, with the intent to engage in conduct that
constitutes a violation of section 922(a)(1)(A), travels from any State
or foreign country into any other State and acquires, or attempts to
acquire, a firearm in such other State in furtherance of such purpose
shall be imprisoned for not more than 10 years.".
                      TITLE V-OBSTRUCTION OF JUSTICE
SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS.
  Section 1503 of title 18, United States Code, is amended-
      (1) by inserting "(a)" before "Whoever";
      (2) by striking "fined not more than $5,000 or imprisoned not more
    than five years, or both." and inserting "punished as provided in
    subsection (b).";
      (3) by adding at the end the following new subsection:
  "(b) The punishment for an offense under this section is-
      "(1) in the case of a killing, the punishment provided in sections
    1111 and 1112;
      "(2) in the case of an attempted killing, or a case in which the
    offense was committed against a petit juror and in which a class A or
    B felony was charged, imprisonment for not more than 20 years; and
      "(3) in any other case, imprisonment for not more than 10 years.";
    and
      (4) in subsection (a), as designated by paragraph (1), by striking
    "commissioner" each place it appears and inserting "magistrate
    judge".
SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS AND
INFORMANTS.
  Section 1513 of title 18, United States Code, is amended-
      (1) by redesignating subsections (a) and (b) as subsections (b) and
    (c), respectively; and
      (2) by inserting after the section heading the following new
    subsection:
  "(a)(1) Whoever kills or attempts to kill another person with intent to
retaliate against any person for-
      "(A) the attendance of a witness or party at an official
    proceeding, or any testimony given or any record, document, or other
    object produced by a witness in an official proceeding; or
      "(B) any information relating to the commission or possible
    commission of a Federal offense or a violation of conditions of
    probation, parole, or release pending judicial proceedings given by a
    person to a law enforcement officer; shall be punished as provided in
    paragraph (2).
  "(2) The punishment for an offense under this subsection is-
      "(A) in the case of a killing, the punishment provided in sections
    1111 and 1112; and
      "(B) in the case of an attempt, imprisonment for not more than 20

                                  years.".
SEC. 503. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.
  Section 3432 of title 18, United States Code, is amended by inserting
before the period the following: ", except that such list of the
veniremen and witnesses need not be furnished if the court finds by a
preponderance of the evidence that providing the list may jeopardize the
life or safety of any person".
SEC. 504. DEATH PENALTY FOR THE MURDER OF STATE OFFICIALS ASSISTING
FEDERAL LAW ENFORCEMENT OFFICIALS.
  (a) IN GENERAL.-Chapter 51 of title 18, United States Code, as amended
by section 112(a), is amended by adding at the end the following new
section:
" 1120. Killing persons aiding Federal investigations
  "A person who intentionally kills-
      "(1) a State or local official, law enforcement officer, or other
    officer or employee while working with Federal law enforcement
    officials in furtherance of a Federal criminal investigation-
          "(A) while the victim is engaged in the performance of official
        duties;
          "(B) because of the performance of the victim's official
        duties; or
          "(C) because of the victim's status as a public servant; or
      "(2) any person assisting a Federal criminal investigation, while
    that assistance is being rendered and because of it,
shall be sentenced as provided in section 1111, including by sentence of
death or by imprisonment for life.".
  (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 51 of title
18, United States Code, as amended by section 112(b), is amended by
adding at the end the following new item:
"1120. Killing persons aiding Federal investigations.".
SEC. 505. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.
  Section 1512(a)(2)(A) of title 18, United States Code, is amended to
read as follows:
      "(A) in the case of murder (as defined in section 1111), the death
    penalty or imprisonment for life, and in the case of any other
    killing, the punishment provided in section 1112;".
                         TITLE VI-YOUTH VIOLENCE
Subtitle A-Increased Penalties for Drug Trafficking and Criminal Street
                                  Gangs
SEC. 601. STRENGTHENING FEDERAL PENALTIES FOR EMPLOYING CHILDREN TO
DISTRIBUTE DRUGS.
  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 provision of law, any person at least 18
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 any provision of 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 of this section by any Federal, State,
    or local law enforcement official,

                                         is punishable by a term of imprisonment, or fine, or both, up to triple
that authorized by section 401(b).".
SEC. 602. 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. 603. CRIMINAL STREET GANGS.
  (a) IN GENERAL.-PART I OF TITLE 18, UNITED STATES CODE, IS AMENDED BY
INSERTING AFTER CHAPTER 25 THE FOLLOWING NEW CHAPTER:
                    "CHAPTER 26-CRIMINAL STREET GANGS
"Sec.
"521.  Criminal street gangs.
"521. Criminal street gangs
  "(a) DEFINITIONS.-IN THIS SECTION-
      "'CONVICTION' INCLUDES A FINDING, UNDER STATE OR FEDERAL LAW, THAT
    A PERSON HAS COMMITTED AN ACT OF JUVENILE DELINQUENCY INVOLVING A
    VIOLENT OR CONTROLLED SUBSTANCES FELONY.
      "'CRIMINAL STREET GANG' MEANS ANY GROUP, CLUB, ORGANIZATION, OR
    ASSOCIATION OF 5 OR MORE PERSONS-
          "(A) WHOSE MEMBERS ENGAGE OR HAVE ENGAGED WITHIN THE PAST 5
        YEARS, IN A CONTINUING SERIES OF VIOLATIONS OF ANY OFFENSE
        TREATED IN SUBSECTION (B); AND
          "(B) WHOSE ACTIVITIES AFFECT INTERSTATE OR FOREIGN COMMERCE.
  "(B) PENALTY.-A PERSON WHO, UNDER THE CIRCUMSTANCES DESCRIBED IN
SUBSECTION (D), COMMITS AN OFFENSE DESCRIBED IN SUBSECTION (C), SHALL, IN
ADDITION TO ANY OTHER SENTENCE AUTHORIZED BY LAW, BE SENTENCED TO A TERM
OF IMPRISONMENT OF NOT MORE THAN 10 YEARS AND MAY ALSO BE FINED UNDER
THIS TITLE. SUCH A SENTENCE OF IMPRISONMENT SHALL RUN CONSECUTIVELY TO
ANY OTHER SENTENCE IMPOSED.
  "(C) OFFENSES.-THE OFFENSES DESCRIBED IN THIS SECTION ARE-
      "(1) ANY FEDERAL FELONY INVOLVING A CONTROLLED SUBSTANCE (AS
    DEFINED IN SECTION 102 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C.
    802)) FOR WHICH THE MAXIMUM PENALTY IS NOT LESS THAN 5 YEARS;
      "(2) ANY FEDERAL FELONY CRIME OF VIOLENCE; AND
      "(3) A CONSPIRACY TO COMMIT ANY OF THE OFFENSES DESCRIBED IN
    PARAGRAPHS (1) AND (2).
  "(D) CIRCUMSTANCES.-THE CIRCUMSTANCES DESCRIBED IN THIS SECTION ARE
THAT THE OFFENSE DESCRIBED IN SUBSECTION (C) WAS COMMITTED BY A PERSON AS
A MEMBER OF, OR ON BEHALF OF, A CRIMINAL STREET GANG AND THAT PERSON HAS
BEEN CONVICTED WITHIN THE PAST 5 YEARS FOR-
      "(1) an offense described in subsection (c);
      "(2) any State offense-
          "(A) involving a controlled substance (as defined in section
        102 of the Controlled Substances Act (21 U.S.C. 802)) for which
        the maximum penalty is not less than 1 year's imprisonment; or
          "(B) that is a crime of violence; for which the maximum penalty
        is more than 1 year's imprisonment;
      "(3) any Federal or State offense that involves the theft or
    destruction of property for which the maximum penalty is more than 1
    year's imprisonment; or
      "(4) a conspiracy to commit any of the offenses described in
    paragraphs (1), (2), or (3).".

                                         (b) TECHNICAL AMENDMENT.-THE PART ANALYSIS FOR PART I OF TITLE 18,
UNITED STATES CODE, IS AMENDED BY INSERTING AFTER THE ITEM RELATING TO
CHAPTER 25 THE FOLLOWING NEW ITEM:
"26. Criminal street gangs                                          521".
     Subtitle B-Juvenile Drug Trafficking and Gang Prevention Grants
SEC. 611. GRANT PROGRAM.
  Part B of title I of the Juvenile Justice and Delinquency Prevention
Act of 1974 is amended-
      (1) by inserting after the heading the following:
                   "Subpart I-General Grant Programs";
    and
      (2) by adding at the end the following new subpart:
     "Subpart II-Juvenile Drug Trafficking and Gang Prevention Grants
                             "FORMULA GRANTS
  "SEC. 231. (a) IN GENERAL.-THE ADMINISTRATOR MAY MAKE GRANTS TO STATES
AND UNITS OF GENERAL LOCAL GOVERNMENT OR COMBINATIONS THEREOF TO ASSIST
THEM IN PLANNING, ESTABLISHING, OPERATING, COORDINATING, AND EVALUATING
PROJECTS DIRECTLY OR THROUGH GRANTS AND CONTRACTS WITH PUBLIC AND PRIVATE
AGENCIES FOR THE DEVELOPMENT OF MORE EFFECTIVE PROGRAMS INCLUDING
EDUCATION, PREVENTION, TREATMENT AND ENFORCEMENT PROGRAMS TO REDUCE-
      "(1) THE FORMATION OR CONTINUATION OF JUVENILE GANGS; AND
      "(2) THE USE AND SALE OF ILLEGAL DRUGS BY JUVENILES.
  "(B) PURPOSES.-THE GRANTS MADE UNDER THIS SECTION CAN BE USED FOR ANY
OF THE FOLLOWING SPECIFIC PURPOSES:
      "(1) TO REDUCE THE PARTICIPATION OF JUVENILES IN DRUG RELATED
    CRIMES (INCLUDING DRUG TRAFFICKING AND DRUG USE), PARTICULARLY IN AND
    AROUND ELEMENTARY AND SECONDARY SCHOOLS.
      "(2) TO REDUCE JUVENILE INVOLVEMENT IN ORGANIZED CRIME, DRUG AND
    GANG-RELATED ACTIVITY, PARTICULARLY ACTIVITIES THAT INVOLVE THE
    DISTRIBUTION OF DRUGS BY OR TO JUVENILES.
      "(3) TO DEVELOP WITHIN THE JUVENILE JUSTICE SYSTEM, INCLUDING THE
    JUVENILE CORRECTIONS SYSTEM, NEW AND INNOVATIVE MEANS TO ADDRESS THE
    PROBLEMS OF JUVENILES CONVICTED OF SERIOUS, DRUG-RELATED AND
    GANG-RELATED OFFENSES.
      "(4) TO REDUCE JUVENILE DRUG AND GANG-RELATED ACTIVITY IN PUBLIC
    HOUSING PROJECTS.
      "(5) TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO PERSONNEL AND
    AGENCIES RESPONSIBLE FOR THE ADJUDICATORY AND CORRECTIONS COMPONENTS
    OF THE JUVENILE JUSTICE SYSTEM TO IDENTIFY DRUG-DEPENDENT OR
    GANG-INVOLVED JUVENILE OFFENDERS AND TO PROVIDE APPROPRIATE
    COUNSELING AND TREATMENT TO SUCH OFFENDERS.
      "(6) TO PROMOTE THE INVOLVEMENT OF ALL JUVENILES IN LAWFUL
    ACTIVITIES, INCLUDING IN-SCHOOL AND AFTER-SCHOOL PROGRAMS FOR
    ACADEMIC, ATHLETIC OR ARTISTIC ENRICHMENT THAT ALSO TEACH THAT DRUG
    AND GANG INVOLVEMENT ARE WRONG.
      "(7) To facilitate Federal and State cooperation with local school
    officials to develop education, prevention, and treatment programs
    for juveniles who are likely to participate in the drug trafficking,
    drug use or gang-related activities.
      "(8) To prevent juvenile drug and gang involvement in public
    housing projects through programs establishing youth sports and other
    activities, including girls' and boys' clubs, scout troops, and
    little leagues.
      "(9) To provide pre- and post-trial drug abuse treatment to
    juveniles in the juvenile justice system, with the highest possible

                                           priority being to provide drug abuse treatment to drug-dependent
    pregnant juveniles and drug-dependent juvenile mothers.
      "(10) To provide education and treatment programs for youth exposed
    to severe violence in their homes, schools, or neighborhoods.
      "(11) To establish sports mentoring and coaching programs in which
    athletes serve as role models for youth to teach that athletics
    provide a positive alternative to drug and gang involvement.
  "(c) USE OF GRANT FUNDS.-OF THE FUNDS MADE AVAILABLE TO EACH STATE
UNDER THIS SECTION, 50 PERCENT OF THE FUNDS MADE AVAILABLE TO EACH STATE
IN ANY FISCAL YEAR SHALL BE USED FOR JUVENILE ANTI-GANG OR ANTI-DRUG
EDUCATION, PREVENTION, AND TREATMENT PROGRAMS AND 50 PERCENT SHALL BE
USED FOR JUVENILE ANTI-GANG OR ANTI-DRUG ENFORCEMENT PROGRAMS.
      "SPECIAL EMPHASIS DRUG DEMAND REDUCTION AND ENFORCEMENT GRANTS
  "SEC. 232. (a) PURPOSE.-THE PURPOSES OF THIS SECTION ARE-
      "(1) TO PROVIDE ADDITIONAL FEDERAL ASSISTANCE AND SUPPORT TO
    IDENTIFY PROMISING NEW JUVENILE DRUG DEMAND REDUCTION AND ENFORCEMENT
    PROGRAMS;
      "(2) TO REPLICATE AND DEMONSTRATE THOSE PROGRAMS TO SERVE AS
    NATIONAL, REGIONAL, OR LOCAL MODELS THAT COULD BE USED, IN WHOLE OR
    IN PART, BY OTHER PUBLIC AND PRIVATE JUVENILE JUSTICE PROGRAMS; AND
      "(3) TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO PUBLIC OR
    PRIVATE ORGANIZATIONS TO IMPLEMENT SIMILAR PROGRAMS.
  "(B) PRIORITY.-IN MAKING GRANTS UNDER THIS SECTION, THE ADMINISTRATOR
SHALL GIVE PRIORITY TO PROGRAMS AIMED AT JUVENILE INVOLVEMENT IN
ORGANIZED GANG- AND DRUG-RELATED ACTIVITIES, INCLUDING SUPPLY AND DEMAND
REDUCTION PROGRAMS.
  "(C) AUTHORIZATION.-THE ADMINISTRATOR MAY MAKE GRANTS TO, OR ENTER INTO
CONTRACTS WITH, PUBLIC OR PRIVATE NON-PROFIT AGENCIES, INSTITUTIONS, OR
ORGANIZATIONS OR INDIVIDUALS TO CARRY OUT ANY PURPOSE AUTHORIZED IN
SECTION 231.
  "(D) AUTHORITY OVER FUNDS.-THE ADMINISTRATOR SHALL HAVE FINAL AUTHORITY
OVER ALL FUNDS AWARDED UNDER THIS SUBPART.
  "(E) RESERVATION OF FUNDS.-OF THE TOTAL AMOUNT APPROPRIATED FOR THIS
SUBPART, 20 PERCENT SHALL BE RESERVED AND SET ASIDE FOR THIS SECTION IN A
SPECIAL DISCRETIONARY FUND FOR USE BY THE ADMINISTRATOR TO CARRY OUT THE
PURPOSES SPECIFIED IN SECTION 231 AS DESCRIBED IN SECTION 232(A).
  "(F) FEDERAL SHARE.-GRANTS MADE UNDER THIS SECTION MAY BE MADE FOR
AMOUNTS UP TO 100 PERCENT OF THE COSTS OF THE PROGRAMS OR PROJECTS.
"SPECIAL INTERNATIONAL PORTS OF ENTRY JUVENILE CRIME AND DRUG DEMAND
                             REDUCTION GRANTS
  "SEC. 233. (a) PURPOSE.-THE PURPOSES OF THIS SECTION ARE-
      "(1) TO PROVIDE ADDITIONAL FEDERAL ASSISTANCE AND SUPPORT TO
    PROMISING NEW PROGRAMS THAT SPECIFICALLY AND EFFECTIVELY ADDRESS THE
    UNIQUE CRIME AND DRUG AND ALCOHOL RELATED CHALLENGES FACED BY
    JUVENILES LIVING AT OR NEAR INTERNATIONAL PORTS OF ENTRY AND IN OTHER
    INTERNATIONAL BORDER COMMUNITIES, INCLUDING RURAL LOCALITIES;
      "(2) TO REPLICATE AND DEMONSTRATE THESE PROGRAMS TO SERVE AS MODELS
    THAT COULD BE USED, IN WHOLE OR IN PART, IN OTHER SIMILARLY SITUATED
    COMMUNITIES; AND
      "(3) TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO PUBLIC OR
    PRIVATE ORGANIZATIONS TO IMPLEMENT SIMILAR PROGRAMS.
  "(B) AUTHORIZATION.-THE ADMINISTRATOR MAY MAKE GRANTS TO, OR ENTER INTO
CONTRACTS WITH, PUBLIC OR PRIVATE NON-PROFIT AGENCIES, INSTITUTIONS, OR
ORGANIZATIONS OR INDIVIDUALS TO CARRY OUT ANY PURPOSE AUTHORIZED IN
SECTION 231, IF THE BENEFICIARIES OF THE GRANTEE'S PROGRAM ARE JUVENILES

                                        LIVING AT OR NEAR INTERNATIONAL PORT OF ENTRY OR IN OTHER INTERNATIONAL
BORDER COMMUNITIES, INCLUDING RURAL LOCALITIES.
  "(C) AUTHORITY OVER FUNDS.-THE ADMINISTRATOR SHALL HAVE FINAL AUTHORITY
OVER ALL FUNDS AWARDED UNDER THIS SECTION.
  "(D) RESERVATION OF FUNDS.-OF THE TOTAL AMOUNT APPROPRIATED FOR THIS
SUBPART, 5 PERCENT SHALL BE RESERVED AND SET ASIDE FOR THIS SECTION IN A
SPECIAL DISCRETIONARY FUND FOR USE BY THE ADMINISTRATOR TO CARRY OUT THE
PURPOSES SPECIFIED IN SECTION 231 AS DESCRIBED IN SECTION 233(A).
  "(e) FEDERAL SHARE.-GRANTS MADE UNDER THIS SECTION MAY BE MADE FOR
AMOUNTS UP TO 100 PERCENT OF THE COSTS OF THE PROGRAMS.
                     "AUTHORIZATION OF APPROPRIATIONS
  "SEC. 234. There are authorized to be appropriated to carry out this
subpart-
      "(1) $100,000,000 for fiscal year 1995; and
      "(2) such sums as are necessary for fiscal year 1996.
                           "ALLOCATION OF FUND
  "SEC. 235. Of the total amounts appropriated under this subpart for any
fiscal year the amount remaining after setting aside the amounts required
to be reserved to carry out section 232 shall be allocated as follows:
      "(1) $400,000 shall be allocated to each of the participating
    States.
      "(2) Of the total funds remaining after the allocation under
    paragraph (1), there shall be allocated to each of the participating
    States an amount that bears the same ratio to the amount of remaining
    funds described in this paragraph as the population of juveniles of
    the State bears to the population of juveniles in all of the
    participating States.
                              "APPLICATIONS
  "SEC. 236. (a) IN GENERAL.-EACH STATE APPLYING FOR A GRANT UNDER
SECTION 231 AND EACH PUBLIC OR PRIVATE ENTITY APPLYING FOR A GRANT UNDER
SECTION 232 SHALL SUBMIT AN APPLICATION TO THE ADMINISTRATOR IN SUCH FORM
AND CONTAINING SUCH INFORMATION AS THE ADMINISTRATOR SHALL PRESCRIBE.
  "(B) REGULATIONS.-TO THE EXTENT THAT IT IS PRACTICABLE TO DO SO, THE
ADMINISTRATOR SHALL PRESCRIBE REGULATIONS GOVERNING APPLICATIONS FOR THIS
SUBPART THAT ARE SUBSTANTIALLY SIMILAR TO THE APPLICATIONS REQUIRED UNDER
PART I AND PART C, INCLUDING THE PROCEDURES RELATING TO COMPETITION.
  "(C) COORDINATION OF FEDERAL ASSISTANCE.-IN ADDITION TO THE
REQUIREMENTS PRESCRIBED UNDER SUBSECTION (B), EACH STATE APPLICATION
SUBMITTED FOR A GRANT UNDER SECTION 231 SHALL INCLUDE A DETAILED
DESCRIPTION OF HOW THE FUNDS MADE AVAILABLE UNDER THAT SECTION WILL BE
COORDINATED WITH FEDERAL ASSISTANCE PROVIDED IN PARTS B AND C OF TITLE II
OF THIS ACT AND BY THE BUREAU OF JUSTICE ASSISTANCE UNDER THE DRUG
CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM.
                   "REVIEW AND APPROVAL OF APPLICATIONS
  "SEC. 237. The procedures and time limits imposed on the Federal and
State Governments under sections 505 and 508, respectively, of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755
and 3758) relating to the review of applications and distribution of
Federal funds shall apply to the review of applications and distribution
of funds under this subpart.".
        Subtitle C-Bindover System for Certain Violent Juveniles
SEC. 621. BINDOVER SYSTEM.
  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 1002, 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-olds 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.".

