[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 619 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 619
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 SENATE OF THE UNITED STATES
March 26, 2001
Mr. DeWine (for himself, Mr. Hutchinson, Mr. Warner, Mr. Allen, Mr.
Helms, Mr. Hagel, Mr. Grassley, Mr. Santorum, Mr. Sessions, and Mrs.
Lincoln) introduced the following bill; which was read twice and
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: The Safe Streets and
Neighborhoods Act of 2001''.
SEC. 2. FIREARMS SENTENCING INCENTIVE GRANTS.
(a) Program Established.--Title II of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1815) is
amended--
(1) by redesignating subtitle D as subtitle E; and
(2) by inserting after subtitle C the following:
``Subtitle D--Firearms Sentencing Incentive Grants
``SEC. 20351. DEFINITIONS.
``In this subtitle:
``(1) Firearm.--The term `firearm' has the meaning given
the term in section 921(a) of title 18, United States Code.
``(2) Part 1 violent crime.--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.
``(3) Serious drug trafficking crime.--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 not less than 10 years.
``(4) State.--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.
``(5) Unit of local government.--The term `unit of local
government' has the meaning given the term in section 901(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791(a)).
``(6) Violent crime.--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.
``SEC. 20352. AUTHORIZATION OF GRANTS.
``(a) In General.--From amounts made available to carry out this
subtitle, the Attorney General shall award Firearms Sentencing
Incentive Grants to eligible States in accordance with this subtitle.
``(b) Allowable Uses.--Grants awarded under this subtitle may be
used by a State only--
``(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); or
``(3) to build or expand correctional facilities.
``(c) Subgrants.--A State may use grants awarded under this
subtitle 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, which shall comply with
the following requirements:
``(1) Firearms sentencing laws.--The application shall
demonstrate that the State has implemented firearms sentencing
laws requiring 1 or both 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 that 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 not less than 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) Public awareness and community support program.--The
application shall demonstrate that the 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) Coordination with federal government; crime reduction
in high-crime areas.--The application shall provide assurances
that the State--
``(A) will coordinate with Federal prosecutors and
Federal law enforcement agencies whose jurisdictions
include the 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 the State meets the requirement of
subsection (a)(1) shall be eligible to receive a grant award
under this subtitle notwithstanding that inability, if that
State, in such application, provides assurances that the 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 that 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
prosecuted for that 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 prosecuted for that
conduct under Federal law.
``SEC. 20354. FORMULA FOR GRANTS.
``(a) In General.--The amount available for grants under this
subtitle for any fiscal year shall be allocated to each eligible State,
in the ratio that the number of part 1 violent crimes reported by the
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 the 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 2001;
``(2) $15,000,000 for fiscal year 2002;
``(3) $20,000,000 for fiscal year 2003;
``(4) $25,000,000 for fiscal year 2004; and
``(5) $30,000,000 for fiscal year 2005.
``(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 for a fiscal year
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 awarded
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, 2001, and on 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 the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322; 108 Stat. 1796) is amended--
(1) by redesignating the item relating to subtitle D of
title II as an item relating to subtitle E of that title; and
(2) by inserting after the item relating to subtitle C of
title II 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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