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108th CONGRESS
1st Session
H. R. 54
To establish a grant program that provides incentives for States to
enact mandatory minimum sentences for certain firearms offenses, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. Crenshaw (for himself, Mr. Mica, Mr. Putnam, Mr. Oxley, Mr. Forbes,
and Mr. Kennedy of Minnesota) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a grant program that provides incentives for States to
enact mandatory minimum sentences for certain firearms offenses, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project Exile Safe Streets and
Neighborhoods Act of 2003''.
SEC. 2. FIREARMS SENTENCING INCENTIVE GRANTS.
(a) Program Established.--Title II of the Violent Crime Control and
Law Enforcement Act of 1994 is amended--
(1) by redesignating subtitle D as subtitle E; and
(2) by inserting after subtitle C the following new
subtitle:
``Subtitle D--Firearms Sentencing Incentive Grants
``SEC. 20351. DEFINITIONS.
``For purposes of this subtitle:
``(1) The term `violent crime' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault, or a crime in a reasonably comparable class
of serious violent crimes as approved by the Attorney General.
``(2) The term `serious drug trafficking crime' means an
offense under State law for the manufacture or distribution of
a controlled substance, for which State law authorizes to be
imposed a sentence to a term of imprisonment of 10 years or
more.
``(3) The term `part 1 violent crime' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
``(4) The term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
``SEC. 20352. AUTHORIZATION OF GRANTS.
``(a) In General.--From amounts made available to carry out this
subtitle, the Attorney General shall provide Firearms Sentencing
Incentive grants under section 20353 to eligible States.
``(b) Allowable Uses.--Such grants may be used by a State only for
the following purposes:
``(1) To support--
``(A) law enforcement agencies;
``(B) prosecutors;
``(C) courts;
``(D) probation officers;
``(E) correctional officers;
``(F) the juvenile justice system;
``(G) the expansion, improvement, and coordination
of criminal history records; or
``(H) case management programs involving the
sharing of information about serious offenders.
``(2) To carry out a public awareness and community support
program described in section 20353(a)(2).
``(3) To build or expand correctional facilities.
``(c) Subgrants.--A State may use such grants directly or by making
subgrants to units of local government within that State.
``SEC. 20353. FIREARMS SENTENCING INCENTIVE GRANTS.
``(a) Eligibility.--Except as provided in subsection (b), to be
eligible to receive a grant award under this section, a State shall
submit an application to the Attorney General that complies with the
following:
``(1) The application shall demonstrate that such State has
implemented firearms sentencing laws requiring 1 or more of the
following:
``(A) Any person who, during and in relation to any
violent crime or serious drug trafficking crime, uses
or carries a firearm, shall, in addition to the
punishment provided for such crime of violence or
serious drug trafficking crime, be sentenced to a term
of imprisonment of not less than 5 years (without the
possibility of parole during that term).
``(B) Any person who, having at least 1 prior
conviction for a violent crime, possesses a firearm,
shall, for such possession, be sentenced to a term of
imprisonment of not less than 5 years (without the
possibility of parole during that term).
``(2) The application shall demonstrate that such State has
implemented, or will implement not later than 6 months after
receiving a grant under this subtitle, a public awareness and
community support program that seeks to build support for, and
warns potential violators of, the firearms sentencing laws
implemented under paragraph (1).
``(3) The application shall provide assurances that such
State--
``(A) will coordinate with Federal prosecutors and
Federal law enforcement agencies whose jurisdictions
include such State, so as to promote Federal
involvement and cooperation in the enforcement of laws
within that State; and
``(B) will allocate its resources in a manner
calculated to reduce crime in the high-crime areas of
the State.
``(b) Alternate Eligibility Requirement.--
``(1) In general.--A State that is unable to demonstrate in
its application that such State meets the requirement of
subsection (a)(1) shall be eligible to receive a grant award
under this section notwithstanding that inability if that
State, in such application, provides assurances that such State
has in effect an equivalent Federal prosecution agreement.
``(2) Equivalent federal prosecution agreement.--For
purposes of paragraph (1), an equivalent Federal prosecution
agreement is an agreement with appropriate Federal authorities
that ensures 1 or more of the following:
``(A) If a person engages in the conduct specified
in subsection (a)(1)(A), but the conviction of that
person under State law for that conduct is not certain
to result in the imposition of an additional sentence
as specified in that subsection, that person is
referred for prosecution for such conduct under Federal
law.
``(B) If a person engages in the conduct specified
in subsection (a)(1)(B), but the conviction of that
person under State law for that conduct is not certain
to result in the imposition of a sentence as specified
in that subsection, that person is referred for
prosecution for such conduct under Federal law.
``SEC. 20354. FORMULA FOR GRANTS.
``(a) In General.--The amount available for grants under section
20353 for any fiscal year shall be allocated to each eligible State, in
the ratio that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for the 3 years preceding
the year in which the determination is made, bears to the average
annual number of part 1 violent crimes reported by all eligible States
to the Federal Bureau of Investigation for the 3 years preceding the
year in which the determination is made.
``(b) Unavailable Data.--If data regarding part 1 violent crimes in
any State is substantially inaccurate or is unavailable for the 3 years
preceding the year in which the determination is made, the Attorney
General shall utilize the best available comparable data regarding the
number of violent crimes for the previous year for the State for the
purposes of allocation of funds under this subtitle.
``SEC. 20355. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorizations.--There are authorized to be appropriated to
carry out this subtitle--
``(1) $10,000,000 for fiscal year 2003;
``(2) $15,000,000 for fiscal year 2004;
``(3) $20,000,000 for fiscal year 2005;
``(4) $25,000,000 for fiscal year 2006; and
``(5) $30,000,000 for fiscal year 2007.
``(b) Limitations on Funds.--
``(1) Uses of funds.--Funds made available pursuant to this
subtitle shall be used only to carry out the purposes described
in section 20352(b).
``(2) Nonsupplanting requirement.--Funds made available
pursuant to this section shall not be used to supplant State
funds, but shall be used to increase the amount of funds that
would, in the absence of Federal funds, be made available from
State sources.
``(3) Administrative costs.--Not more than 3 percent of the
funds made available pursuant to this section shall be
available to the Attorney General for purposes of
administration, research and evaluation, technical assistance,
and data collection.
``(4) Carryover of appropriations.--Funds appropriated
pursuant to this section during any fiscal year shall remain
available until expended.
``(5) Matching funds.--The Federal share of a grant
received under this subtitle may not exceed 90 percent of the
costs of a proposal as described in an application approved
under this subtitle.
``SEC. 20356. REPORT BY THE ATTORNEY GENERAL.
``Beginning on October 1, 2003, and each subsequent July 1
thereafter, the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the implementation of this subtitle. The
report shall include information regarding the eligibility of States
under section 20353 and the distribution and use of funds under this
subtitle.''.
(b) Clerical Amendment.--The table of contents in section 2 of that
Act is amended--
(1) by redesignating the item relating to subtitle D of
title II as subtitle E of such title; and
(2) by inserting after subtitle C of such title the
following:
``Subtitle D--Firearms Sentencing Incentive Grants
``Sec. 20351. Definitions.
``Sec. 20352. Authorization of grants.
``Sec. 20353. Firearms sentencing incentive grants.
``Sec. 20354. Formula for grants.
``Sec. 20355. Authorization of appropriations.
``Sec. 20356. Report by the Attorney General.''.
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