[Congressional Record Volume 146, Number 45 (Tuesday, April 11, 2000)]
[House]
[Pages H2026-H2036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROJECT EXILE: THE SAFE STREETS AND NEIGHBORHOODS ACT OF 2000
Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4051) to establish a grant program that provides incentives
for States to enact mandatory minimum sentences for certain firearms
offenses, and for other purposes.
The Clerk read as follows:
H.R. 4051
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 2000''.
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.
[[Page H2027]]
``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 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, 2001, 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. McCollum) and the gentleman from Virginia (Mr. Scott) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. McCollum).
General Leave
Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today we bring to the House floor legislation that
offers a bipartisan, common sense solution to the problem of gun
violence. The real heart ache regarding so much gun violence is that it
involves avoidable tragedy. Avoidable in the sense that so many gun
criminals are back on the streets before they should be and they are
then committing additional violent crimes.
The legislation before us today, Project Exile, the safe streets and
neighborhoods act of 2000, provides incentive block grants for State
criminal justice systems totaling $100 million over 5 years. To
qualify, a State must ensure a mandatory minimum 5-year prison sentence
without parole for anyone who uses or carries a firearm during any
violent crime or serious drug trafficking crime or for a previously
convicted violent felon who is caught possessing a gun. The mandatory
minimum sentence must be in addition to the punishment provided for the
underlying crime. States can qualify through State sentencing laws or
an agreement with the Federal Government to prosecute under existing
Federal gun criminal laws which carry minimum mandatory sentences.
Project Exile will make neighborhoods and communities safer by
promoting tough State prison time for violent criminals who use guns.
This proven approach to reducing gun crime combines enforcing the gun
laws already on the books and ensuring mandatory minimum sentences for
criminals who break them. Project Exile is a common sense approach that
is enjoying growing bipartisan support around the country. At the
Subcommittee on Crime hearing on this legislation, we received
testimony from across a broad spectrum in support of Exile.
It provides some common ground for Congress as we seek to do what we
can to address gun violence. I am hopeful that many of my colleagues
from the other side of the aisle will join us today to support this
responsible enforcement initiative. In States and cities around the
country where aggressive prosecution of gun crimes has been coupled
with tough prison sentences, violent crime has gone down.
Getting such criminals off the streets leads to a dramatic reduction
in crime and sends an unmistakable deterrent message, we will not
tolerate gun crimes. Project Exile builds on the success of the truth-
in-sentencing program that Congress has funded over the last 5 years.
Truth-in-sentencing is an incentive grant program to support State
prisons for States which require convicted violent offenders and drug
traffickers to serve at least 85 percent of their sentences. Since the
grant program was first offered, the number of States with truth-in-
sentencing has gone from five to 27. Most experts credit this program
with much of the violent crime reduction reflected in recent national
statistics. Funds received by States under Project Exile can be used
for hiring and training more judges, prosecutors and probation
officers, increasing prison capacity, strengthening juvenile justice
systems and for a wide variety of other improvements in State criminal
justice systems.
Florida is one of six States which already qualifies for funding
under the bill thanks to Governor Jeb Bush's 10-20-Life bill which
became law last July. In Florida, if during a crime you pull a gun on
another person, you will go to prison for 10 years. If during a crime
you pull the trigger, it means 20 years in prison. And if you shoot
someone during commission of a crime, you will get 25 years to life in
prison. Project Exile encourages other States to follow suit.
I want to make clear that Project Exile is only part of the solution
to the gun and school violence problems. These are complex problems
that demand comprehensive response. As legislators and as citizens, we
must do also what all is within our power to address the strength of
families and the health of our culture. We must reform our overwhelmed
juvenile justice systems, and we must do much more to enforce gun laws
already on the books.
In addition to taking action to make this bill a reality on a
national level, certain other measures need to be taken. Such
provisions include child safety locks, workable mandatory gun show
background checks, a juvenile Brady law, a ban on juvenile possession
of assault weapons and a ban on the importation of large capacity
ammunition clips.
But let us be clear. Even if we did all of these things tomorrow, we
would not really be getting at the problem unless we are serious about
enforcing the laws already on the books, there are more than 20,000 of
them at the Federal and State level, and making sure that violent gun
criminals serve appropriate sentences. Tough mandatory sentences for
violent gun criminals must be the cornerstone of any meaningful effort
to make our neighborhoods safer.
The success of Project Exile in Virginia where the program was first
initiated has been truly remarkable. Prior to Project Exile's
implementation, Richmond, Virginia had one of the highest murder rates
in the world and an exploding violent crime problem. Since 1997 when
Project Exile was begun in Richmond, homicides have dropped 46 percent,
the lowest level since 1987; crimes involving guns have dropped 65
percent; aggravated assaults have dropped 39 percent; and the overall
number of violent crimes have dropped by 35 percent.
Mr. Speaker, at the hearing on Project Exile, we heard from Rick
Castaldo, the father of Richard Castaldo, a Columbine high school
student who was shot eight times during the tragic school shooting at
Columbine last April. Richard survived but is now paralyzed from the
chest down. Mr. Castaldo asked the following
[[Page H2028]]
question during his testimony: ``How do we communicate to the public
that we are serious about solving the crime problem?'' He suggested the
answer to his own question: ``One way is clear: swift and tough
prosecution of laws that we already have in this country. Nothing could
be more simple and nothing has more of an impact on crime.''
I think most of us in the House and the overwhelming majority of
Americans would agree with Mr. Castaldo. Better enforcement of our
current laws against gun criminals is not the only thing we must do but
it must be a central part of our comprehensive response.
Mr. Speaker, Project Exile will save lives. I ask my colleagues to
join me in passing this important bill.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, although this sounds good and makes for a good slogan,
this is not good policy. First, this bill goes down the failed road of
mandatory minimum sentencing. We have heard anecdotes from proponents
of the bill suggesting that Project Exile, like the Shadow, strikes
fear in the hearts of evil men. However, we have not been presented
with any convincing evidence that mandatory minimums and Project Exile
have reduced violent crime to any greater extent than the decrease in
Virginia generally without Project Exile.
{time} 1215
This fearful shadow, therefore, is just merely a shadow.
Mr. Speaker, mandatory minimums are bad policy for a number of
reasons. In the March 17, 2000, letter to the Committee on the
Judiciary, the Judiciary Conference of the United States reiterated its
opposition to mandatory minimum sentences for the 12th time, noting
that the mandatory minimum sentences undermine the sentencing
guidelines established by Congress to promote fairness and
proportionality, and that far from fostering certainty in punishment,
mandatory minimums result in unwarranted sentencing disparity because
they require the sentencing court to impose the sentence on offenders,
when sound policy and common sense called for different punishments.
In addition to being unfair, several studies have reflected the
discriminatory impact of mandatory minimums, concluding that minorities
were substantially more likely than whites under comparable
circumstances to receive mandatory minimum sentences.
Like the emperor who has no clothes, Mr. Speaker, there is no
evidence that these mandatory minimums have worked in the city of
Richmond. The evidence has been shown that the violent crime rate under
mandatory minimums is not affected. Several studies have concluded
that. The Rand study, for example, showed that mandatory minimums
essentially wasted the taxpayers' money because there were much more
effective ways of reducing crimes than mandatory minimums.
The mandatory minimums associated with Project Exile show no better
results. The proponents suggest that the violent crime rate has gone
down 39 percent in the city of Richmond under Project Exile. At the
same time it went down 43 percent in Norfolk, 58 percent in Virginia
Beach and 81 percent in Chesapeake without Project Exile.
Even if Project Exile had some value, this bill is simply inadequate.
According to the sponsors, only six States would qualify for funding
under the bill, and even if 10 States qualified, the funding is only
for $10 million on average per State, and simple math at $25,000 per
year per incarceration would reflect that each State could only
incarcerate about five additional defendants per year.
In the city of Richmond we have over 3,000 people in jail today, and
incarcerating a handful more certainly is not a serious attempt to
reduce the overall crime rate in the Commonwealth of Virginia or across
our Nation.
Accordingly, Mr. Speaker, I oppose the use of this costly, unfair,
ineffective mandatory minimum sentence. If we are going to be serious
about doing anything about crime, we should take the common sense
approach recommended by the Bipartisan Task Force on Juvenile Crime,
which encourages us to use funds for prevention and early intervention
programs that have been proven to reduce crime, and we should ignore
the rhymes and slogans which are ineffective and waste the taxpayers'
money. We can start doing that by voting against this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. McCOLLUM. I yield 2 minutes to the gentlewoman from North
Carolina (Mrs. Myrick), the author of a predecessor bill to this one.
Mrs. MYRICK. Mr. Speaker, in my hometown of Charlotte, North
Carolina, a disturbing number of criminals are set free because of a
lack of funding for prosecutors in the court system. It also seems that
every day we are reading about another story of some gun-toting
criminal committing a violent act against a law-abiding citizen.
A recent news item tells the story of a young man in our city who
began a life of crime at the age of 8. By the time he was 16, he was
carrying a gun. In the 20 months after his 16th birthday, he was
arrested seven times, but none of those arrests resulted in jail time.
In April of 1997 he was walking free, carrying a gun, when he began to
punch a man sitting in his car. As the man drove away trying to escape,
the thug fired two shots. The police caught him, but again he was
released on bond. Two months later he shot a man in the thigh.
Prosecutors dropped the case. Finally, two weeks later, he shot and
killed a 38-year-old man after an argument. At long last a guilty plea
helped put this lifelong criminal in jail. In a jailhouse interview,
the murderer explained how easy it was to avoid serving time.
Under Project Exile this gun-carrying criminal would have served hard
time much earlier and may have been deterred by the tough mandatory
minimum sentences the bill would impose.
We must conduct a two-pronged assault on these problems. Project
Exile does just that. If States enact the laws, violent criminals and
drug traffickers with guns will pay a price for their crime. In return
for the strict laws, the States will get critical funding for law
enforcement and prosecution, and the key here is that the funding can
be used wherever the community needs it, which is not the case in most
of the things that we do up here.
As I showed in my Federal mandatory minimum sentencing bill last
Congress, I strongly favor a zero tolerance approach for gun violence.
I urge all of my colleagues to pass this bill unanimously, as they did
that bill last year.
Mr. SCOTT. Mr. Speaker, I yield such time as he may consume to the
gentleman from Michigan (Mr. Conyers), the ranking member of the
Committee on the Judiciary.
Mr. CONYERS. Mr. Speaker, I want to commend the gentleman from
Virginia (Mr. Scott), who has followed this measure more closely than
most, because it has never had a fair chance for a hearing in the House
of Representatives or in the Committee on the Judiciary.
Mr. Speaker, this bill has a certain measure of incorrectness about
it, and I think the Republican leadership knows it. It is a measure
endorsed by the National Rifle Association, and I think it is a kind of
way of getting political cover for us not taking action on the gun
safety measures that are before us, because here the Republican
leadership has aborted the normal legislative process.
Here is a measure before the House that has never had a markup in a
subcommittee of the Committee on the Judiciary, has never had a markup
or hearing in the full committee, and in the Committee on Rules there
was no rule. This just went straight to the floor. There must be a
reason for this, and I am the one that has been assigned to raise this
now.
Why have we thrown the regular legislative process away to get this
measure before the House today? I think it is happening because the
majority fears that amendments that we have on enforcement and gun
safety would unveil this bill for the fraud that it is. They know this
because of the way our alternatives, the Democratic alternatives, have
uncovered the posturing of the National Rifle Association and the
majority who have sponsored gun safety initiatives.
Now, what is wrong with this bill? Number one, because only six
States
[[Page H2029]]
would qualify for funds, funds so small, as the gentleman from Virginia
(Mr. Scott) has indicated, they would never be sufficient to do the
job; because those States that do use the funds can use them for any
purpose that they choose, including carpeting of judges' offices,
paving tennis courts, or anything, you name it; there are no
restrictions, and because this bill continues to parrot the NRA line
that we cannot close the gun enforcement loopholes in the law that
allow criminals to rearm with guns and ammunition by utilizing the
``restoration of rights'' loophole. In other words, they pit gun safety
versus prosecution of gun violations.
I say that enforcement of the law and gun safety are not positions
that we have to choose between. We can have both. That is what we want
to do. So we know the majority in this Congress is using this process
really as an excuse to thumb their nose at the American people, who
want both gun safety and enforcement legislation. We can and should
have both. Somehow they are saying that process prevents them from
coming to a conference meeting on the bipartisan gun show loophole that
is begging to be closed.
Mr. Speaker, I do not think the people are going to be fooled,
because they know that our leadership now is in the throes of the NRA's
control. This leadership is being run on this subject by the NRA. They
reject the idea we can have gun safety and gun enforcement, and the
truth is we can have both. The truth is that we need both; and if we
are to do enforcement, it should be real, and not just the political
cover that this bill represents.
The gentlewoman from New York (Mrs. McCarthy) and I have introduced
the Enforce Act. This bill does nothing to crack down on the bad apple
gun dealers, the 2 percent who are responsible for up to half the guns
that are traced back to crime. They cannot do that because the NRA
continues to resist any attempts to crack down on bad-apple dealers.
Unlike the Enforce Act, this bill does nothing to fund the agencies
with responsibility for investigating gun crimes, like ATF, Alcohol,
Tobacco and Firearms. They cannot do it because, again, the National
Rifle Association does not want it. They call the ATF ``jack-booted
thugs,'' but we still will not give them the resources that they need
to do the enforcement that is being complained about.
Unlike the Enforce Act, this bill urges Federal prosecution of gun
crimes without providing any money for the Federal prosecutors' need.
Unlike the Enforce Act, this bill provides money to States that does
not even have to be used for enforcement, but instead could be used for
any purposes whatsoever.
The Republican leadership wants us to forget that they have been
promising to call a gun safety conference since August 5, 1999, and
that the anniversary of Columbine is fast approaching without enacting
into law a single piece of Federal gun safety legislation. But this
bill does nothing to close the loophole that allows criminals to buy
guns at gun shows. This bill does nothing to require child safety
locks. This bill does nothing to ban the importation of large-capacity
ammunition clips.
Request To Offer Amendment To H.R. 4051
Mr. CONYERS. Mr. Speaker, it is for that reason, Mr. Speaker, that I
ask unanimous consent to offer the Senate-passed gun safety provisions
as an amendment to this bill.
The SPEAKER pro tempore. Under suspension of the rules, any amendment
is to be included in the original motion, in this case by the gentleman
from Florida.
The Chair will not entertain other proposals to amend.
Mr. CONYERS. Mr. Speaker, in that case, then I would like to ask
unanimous consent to offer the McCarthy-Conyers measure called the
Enforce Act as an amendment in the nature of a substitute to this bill.
The SPEAKER pro tempore. To the gentleman from Michigan, the Chair
can only reiterate what was said before. Under suspension of the rules,
any amendment is to be included in the original motion, in this case by
the gentleman from Florida.
The Chair will not entertain other proposals to amend.
Mr. CONYERS. Mr. Speaker, what I am finding out then is that we are
now using the rules to prevent any amendments and alternatives to this
measure whatsoever from our side of the aisle. Is that correct?
The SPEAKER pro tempore. The pending motion is not amendable.
{time} 1230
Mr. CONYERS. Mr. Speaker, we regret the process. We have never been
to the Committee on Rules. We have never been to the full committee,
the Committee on the Judiciary.
Mr. McCOLLUM. Mr. Speaker, I yield 2 minutes to the gentleman from
Maryland (Mr. Ehrlich), who has been a principle author of this bill
and a cosponsor.
Mr. EHRLICH. Mr. Speaker, five quick points.
One, congratulations to the chairman, the gentleman from Florida (Mr.
McCollum). It is a terrific bill.
Secondly, I share concerns with respect to mandatory minimum
sentences. However, when it deals with gun-toting criminals, felons who
are caught with guns, minimum mandatory sentences are clearly
appropriate.
Third, contrary to what we just heard, the NRA and Handgun Control
supports Project Exile. Handgun Control supports Project Exile.
Fourth, contrary to what we just heard with respect to allowable uses
under Project Exile, under this bill we have police prosecutors,
courts, probation officers, the juvenile justice system, prison
expansion, criminal history record improvements, and case management
program innovation. They are allowable uses under this bill.
Fifth and finally, Mr. Speaker, my personal road here is an
interesting one. I have complained an awful lot in this House about the
failure of both sides to talk about gun control effectively.
I heard a year and a half ago about Richmond. I have gone down to
Richmond. I have talked to the prosecutors, the Governor, the gentlemen
down there. It just works. It may not be the gun control agenda from
the left, but Project Exile just works, and it works because the State
legislature is involved passing statutes that comport with the Federal
statutes so we do not federalize the criminal justice system,
prosecutors work together. Egos are put aside, unbelievably, in this
town so that State and Federal prosecutors work together. Thirdly, the
private sector funds the communications effort that educates the bad
guys that they should not carry guns on the streets. That is what the
minority party opposes today.
Mr. Speaker, this is a great piece of legislation. I again
congratulate my good friend, the gentleman from Florida (Mr. McCollum).
Mr. SCOTT. Mr. Speaker, I yield 4 minutes to the gentlewoman from New
York (Mrs. McCarthy).
Mrs. McCARTHY of New York. Mr. Speaker, I thank the gentleman for
yielding time to me, and I thank the gentleman from Michigan (Mr.
Conyers).
Mr. Speaker, I am sorry that we were not able to work together on
this bill, because I think it could have been even a better bill than
what it is. I will support H.R. 4051 with the hopes that when it gets
to the Senate, that we can improve it to the point where it will help
all 50 States.
Members need to understand what they are voting on today. This
Project Exile bill is not the same Project Exile program as most
Members know it. The Project Exile program that occurred in Richmond,
Virginia, was a successful Federal, State and local partnership to
increase gun prosecutions.
The legislation before us block grants more than $1 million to just
six States over 5 years. These States include Virginia, Florida, Texas,
Colorado, Louisiana, and South Carolina, according to the bill's
sponsor. That leaves 44 States without funding to enhance gun
enforcement.
I personally think if we are going to do this, all the States should
be involved in this. The legislation permits these six States to use
the money on gun enforcement. They could also use it on juvenile
justice programs, correction officers, and public awareness programs.
Earlier this year, the gentleman from Michigan (Mr. Conyers) and I
introduced legislation supported by the
[[Page H2030]]
Clinton administration. It is called the ENFORCE bill, and it is a
comprehensive gun enforcement bill that affects all 50 States and costs
$280 million.
Let me tell the Members what H.R. 4051 does not do that our bill does
do:
First, H.R. 4051 does not fund a single ATF agent or inspector.
ENFORCE funds 600 ATF agents and inspectors.
We constantly talk about that we are not enforcing the laws that are
already on the books. Our bill would do that.
Second, H.R. 4051 does not fund a single local, State, or Federal gun
prosecutor. ENFORCE funds more than 1,100 local, State, and Federal gun
prosecutors, everyone working together to make our State safer.
Third, H.R. 4051 does not close the loophole that now permits felons
to get their gun rights back. ENFORCE does close this loophole.
Fourth, H.R. 4051 does not fund the National Forensic Ballistics
Network to assist law enforcement in solving crimes. ENFORCE funds the
national ballistics network.
We have already spent considerable time during the 106th Congress
when it comes to gun safety legislation. The House leadership has
brought this bill to the floor today by short-circuiting the
legislative process. The gentleman from Illinois (Chairman Hyde) from
the Committee on the Judiciary chose neither to have a subcommittee
markup nor a full committee markup. He has denied Members of this House
the right to offer floor amendments.
H.R. 4051 is a start. It will assist a selected group of States with
gun enforcement. It is my hope that working with the gentleman from
Florida (Mr. McCollum) and others in the Senate, that we could amend
H.R. 4051 with ENFORCE to bring more gun enforcement to all 50 States.
If we are going to make a commitment in this House to reduce gun
violence in this country, we should have had the opportunity to work
together so that all 50 States could make sure we are all on the same
page. So I support this amendment, but I hope we can make it a better
amendment.
Mr. SCOTT. Mr. Speaker, I ask unanimous consent that time on this
debate be extended by 20 minutes, equally divided.
Mr. McCOLLUM. Mr. Speaker, reserving the right to object, I yield to
the gentleman from Virginia to please explain what he is asking.
Mr. SCOTT. Mr. Speaker, I request 20 additional minutes of debate, to
be equally divided between the majority and the minority.
Mr. McCOLLUM. Reserving the right to object, Mr. Speaker, we have a
legislative schedule to keep today. I understand that we would not be
able to do that if we yielded or agreed to it.
Mr. Speaker, I regrettably must object. I do object.
The SPEAKER pro tempore (Mr. Hansen) Objection is heard.
Mr. McCOLLUM. Mr. Speaker, I yield 3 minutes to the gentlewoman from
New Mexico (Mrs. Wilson), one of the principal cosponsors of this bill.
Mrs. WILSON. Mr. Speaker, I want to thank and commend the gentleman
from Florida (Mr. McCollum) for bringing forward this bill, and also
the gentleman from Maryland (Mr. Ehrlich) for his leadership on this
issue.
I have to admit that I did not initially hear about it from them. I
heard about this issue and this project from my Community Crime
Advisory Council in Albuquerque, New Mexico. It was Ray Wilkinson, who
volunteers with a group called Student Pledge Against Gun Violence,
that initially brought this to my attention. He told Eileen Maddock,
who is with the Metro Crimestoppers in Albuquerque, and we talked about
it there in the community first.
It has the support of my sheriffs, Joe Bowdich in Bernalillo County,
and Pete Golden out in Torrance County, and the chief of police of the
Albuquerque Police Department, Chief Galvin. So this is not about a
Washington bill, it is about how we get States and D.A.s and the
Federal government and the U.S. Attorneys to start working together to
prosecute and give a hard time to armed crime.
There is a little neighborhood in my district called the Trumbull La
Mesa neighborhood. Charlene and Don Gould are the head of the Trumbull
Neighborhood Association. That neighborhood has been troubled for a
long time with drug dealers and real serious problems with folks who
are moving in and out of that neighborhood and causing all kinds of
problems.
They got together the landlords and the cops, and they started taking
back their neighborhood from the drug dealers. One of the problems that
they have had is that they go down to the courts and watch these guys
who have gotten arrested turned back into their neighborhood with a
slap on their wrist when they have been doing serious drug trafficking
offenses with weapons. It is time those people spend at least 5 years
behind bars for trafficking drugs in our neighborhoods to our kids.
We talk about mandatory minimums, here. I am one that believes in
judicial flexibility, but I have to tell the Members, this idea that
somebody who uses a gun to murder somebody, rape somebody, aggravated
assault, serious drug trafficking, or robbery, and 5 years is too much?
If one uses a gun in a crime in my neighborhood like that, I do not
want to see that person back. It is time to stop the revolving door of
justice in this country and put these people away in Federal prison or
State prison, or any way we can.
I want to commend the gentleman from Florida for his leadership.
Ultimately, this is not so much about sentencing as it is about fear.
We live in the freest country in the world, but if we are afraid to
walk around our neighborhoods at night, then we are not really free. It
is time to restore freedom to normal, everyday Americans so that they
can let their kids play outside in their front yards.
Mr. SCOTT. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Weiner), a member of the Committee on the Judiciary.
Mr. WEINER. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, it is truly heartening to sit on this floor and watch my
colleagues on the other side of the aisle trip over themselves to
embrace Project Exile and find a way to somehow do it without giving
credit to the creators of the program. Project Exile, as we all know
here, is a Clinton administration policy. It was put into place by a
Clinton-appointed U.S. Attorney.
There are good reasons why my friends are rushing to adopt Clinton's
crime-fighting strategies. Simply put, they have been the most
successful in history. Violent crime has dropped 20 percent between
1992 and 1998. Since 1993, funding for State and local law enforcement
has increased by nearly 300 percent, due in large part to the crime
bill that so many of my Republican friends oppose.
Twenty-two percent more criminals are incarcerated for State and
Federal weapons charges than when the Clinton administration took
office. The number of prosecutions has increased by more than 34
percent under the Clinton administration. The bottom line is this
chart. Since 1992, violent crimes with firearms have dropped
precipitously under Bill Clinton and Janet Reno.
But my friends, as they try to ride the Clinton coattails on crime,
they have made some mistakes, some omissions. First, they have left out
the other half of the crime-fighting plan, and that is reasonable gun
control legislation, gun locks, an enhanced Brady law.
I could not help noticing they also left out about 40 States.
Surprise, Florida is not one of them. I am shocked that Texas is one of
the States that is eligible. Apparently, if one's Governor is not named
Bush, they really do not need to apply to this program this year.
I just hope, Mr. Speaker, that when this Clinton Project Exile comes
to Florida and comes to Texas, I hope Governor Jeb and Governor W.
stand up and invite Janet Reno to the press conference, because she
deserves the credit for the results.
Mr. McCOLLUM. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from Georgia (Mr. Barr), a member of the committee.
Mr. BARR of Georgia. Mr. Speaker, I thank the gentleman from Florida
for his leadership on this issue.
Mr. Speaker, this is a very unusual program that we are talking about
here today, Project Exile. It is a project that we have heard through
testimony and through action that is supported by both ends of the gun
control spectrum; by the grass roots organization, the National Rifle
Association, on the one hand, and Handgun
[[Page H2031]]
Control on the other. Both organizations have come together in Richmond
in support of Project Exile because, as the gentleman from Maryland
stated, it works. It simply works.
We had the Clinton administration last year and again this year
testify before committees of this Congress, and far from not giving
them credit, we are eager to give the Clinton administration credit for
Project Exile as it has been instituted in Richmond, Virginia, which is
simply a program using existing resources and existing laws to
prosecute criminals who use firearms. It is not a program that clamored
for new laws and massive new funding. Perhaps that is why those on the
other side of the aisle do not like it.
However, what we have also urged the Clinton administration to do is
to learn from its success, to use this program, put politics aside, put
the gun control agenda aside, and help the American people through
replicating Project Exile in communities across America.
In the absence of support from the Clinton administration, the
chairman of this subcommittee and others are putting forward a
commonsense approach to help communities across America and States
across America support Project Exile as it has worked in Richmond. Let
us make it work across this land by supporting this legislation.
Mr. SCOTT. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Waters), a member of the Committee on the Judiciary.
Ms. WATERS. Mr. Speaker, I thank the gentleman for yielding time to
me.
Here we go again. If it is an election year, then it must be time to
pass another mandatory minimum sentencing law. Today the Republican
leadership has decided to put H.R. 4051 on suspension because they do
not want a real debate on the gun control issue.
What this bill would really do is placate the NRA's demand for a
meaningless gun law. Nothing in this bill provides for a mandatory
background check, gun locks, or closing the loophole in gun show laws.
A minor could go to a gun show and buy a gun, get into a brawl,
brandish the gun, and end up with mandatory minimum sentencing and even
be tried as an adult at 14 years old.
Instead, this bill would establish a grant program that provides $100
million over a period of 5 years to those States that have enacted a
mandatory 5-year minimum sentencing for firearm offenses. We know that
mandatory minimums do not work. We are witnessing the abysmal failure
of mandatory minimum drug sentences, and now the Republican leadership
wants to extend that failure to the gun area.
Studies conducted by the Rand Commission and the Judicial Center
clearly show that mandatory minimums fail to prevent crime, distort the
sentencing process, and discriminate against people of color and low-
level offenders. Even the conservative Supreme Court Justice Rehnquist
has criticized Congress' reliance on mandatory minimum sentences.
If the Republicans want to prevent senseless deaths they would
support the McCarthy-Conyers bill, which incorporates the
administration's $280 million gun enforcement initiative that would
fund 600 new ATF agents, over 1,000 additional Federal, State, and
local gun prosecutors, forensic ballistics testing and smart gun
technology research & development.
{time} 1245
Unfortunately, this is an election year. That means that crime will
once again be politicized for cheap political gain. The Million Mom
March will be here, and they will not be tricked or fooled by this
legislation.
Mr. McCOLLUM. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Weldon).
Mr. WELDON of Florida. Mr. Speaker, I thank the gentleman for
yielding me the time.
Mr. Speaker, I rise today in support of H.R. 4051, The Safe Streets
and Neighborhoods Act of 2000. This bill will authorize incentive
grants to States which impose 5-year mandatory minimum sentences on
convicted violent felons who possess firearms or on anyone who uses a
firearm in the commission of a violent felony.
This program has proven its worth by imposing swift and serious
consequences on armed criminals and produced results demonstrating that
prosecution is prevention. A recent poll has shown that only 2 percent
of Americans would like to see more gun control legislation coming out
of this Congress, whereas a vast majority would like to see rigorous
prosecution of criminals who commit crimes with a weapon.
The recent case of Joseph Palczynski is an excellent example, after
multiple convictions for violent crimes, some with a weapon, he
ultimately killed four people and held three people hostage for many
weeks in Maryland. That man should have been behind bars. This
legislation is needed. I recommend its strong support.
The SPEAKER pro tempore (Mr. Hansen) The gentleman from Virginia (Mr.
Scott) has 1 minute remaining, the gentleman from Florida (Mr.
McCollum) has 4\1/2\ minutes remaining.
Mr. McCOLLUM. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from Arkansas, (Mr. Hutchinson), a member of the committee.
Mr. HUTCHINSON. Mr. Speaker, I thank the gentleman for yielding me
the time, and I appreciate his work on this important bill.
Mr. Speaker, I am pleased to support Project Exile, The Safe Streets
and Neighborhoods Act. Let me first make a couple points that this is
not a mandate upon the States. I read the bill, I was concerned about
that. It is not a mandate. It is an incentive program that if the
States want to utilize this $100 million, then they will have to comply
with the mandatory minimums for crimes of drug trafficking or violent
crime that have a gun.
To my friends on this side of the aisle, I just heard the gentlewoman
from California object about mandatory minimums, and I share their
concerns that we should not extraordinarily expand mandatory minimums;
I think that moves us in the wrong direction. If my colleagues believe
there is a problem with the use of guns in this country, if they
believe that is the case, then surely, a mandatory minimum of 5 years
is appropriate, is appropriate to deal with the problems of violence
and criminals using guns.
I think it is a strong statement. It addresses a serious national
issue and, therefore, I think it is appropriate, this one area for a
mandatory minimum. I have seen how it works in Federal court wherever
we have a marijuana patch in Arkansas in which a person uses a firearm
to protect that marijuana patch, they have a mandatory minimum of 5
years.
Will it work? I believe that that discourages the use of firearms,
the illegal use of firearms, the criminal action with firearms. I
believe that it is certainly important. It is appropriate for the
States.
The SPEAKER pro tempore. The gentleman from Florida (Mr. McCollum)
has 3 minutes remaining, the gentleman from Virginia (Mr. Scott) has 1
minute remaining.
Mr. McCOLLUM. Mr. Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Green).
Mr. GREEN of Texas. Mr. Speaker, I rise in support of this bill. I
thank my colleague for yielding me the 1 minute. Project Exile first
started in Richmond, Virginia, and it has overwhelming success. In my
home State of Texas, we have started the only Statewide version of this
innovative crime-control program. Hopefully, that is why Texas is one
of the States that was selected to participate.
Last fall, Texas State officials launched Texas Exile, which has
assigned eight new prosecutors to major Texas cities. Their sole
purpose is to lock up criminals who use guns to commit crime. To date,
the program is responsible for 197 arrests, 115 indictments, 10
convictions, and 632 guns confiscated.
The word on the street, it is on the street. Just last week, when
Austin police arrested a career criminal with a gun, they asked him why
he ran from the scene, his response was ``I heard about that new
program that would get me 5 extra years in jail.''
It is about time that the criminals, not citizens, are the one
running scared. Thanks to this program, they are. And in Texas,
criminals know that gun crime means more hard time in Texas.
[[Page H2032]]
Mr. SCOTT. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from New York, (Mrs. Maloney).
(Mrs. MALONEY of New York asked and was given permission to revise
and extend her remarks.)
Mrs. MALONEY of New York. Mr. Speaker, I rise today to protest the
House leadership's continued refusal to enact reasonable gun safety
legislation.
We are now one week from the first anniversary of the tragedy at
Columbine. But instead of reasonable legislation that requires child-
safety locks on all guns, closes the gun show loophole, and bans large-
capacity clips the Republican leadership is putting forward a limited
half-measure that will only help six states.
Does the Republican leadership truly believe that only children in
those states deserve to be protected from gun violence?
Mr. Speaker, this legislation will do nothing for the victims of gun
violence in my state. It will not help the thousands of New Yorkers who
are victims of gun violence. It will do nothing to prevent criminals
from buying guns at gun shows. It will do nothing to prevent another
six year-old from bringing an unlocked gun to school.
Mr. Speaker, before another child dies from senseless gun violence we
must take action. I implore the leadership of the Congress to move
forward with reasonable gun-safety legislation.
Mr. SCOTT. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from New York (Mrs. Lowey).
(Mrs. LOWEY asked and was given permission to revise and extend her
remarks.)
Mrs. LOWEY. Mr. Speaker, this is a sad, sad day for the American
people. Because as the first anniversary of the Columbine massacre
approaches, we in Congress have done nothing. We have done nothing to
close the gun show loophole. We have done nothing to keep guns out of
the hands of children and criminals. And we have done nothing to
support our state and federal governments as they enforce existing gun
safety laws designed to keep our streets and schools safe.
And I'm sorry to say, that today's offering from our Republican
leadership is more of the same--nothing. This bill, jammed down our
throats with no opportunity for serious debate or amendment, will not
fund 500 new ATF agents, it will not fund 1,000 federal, state, and
local gun prosecutors, and it will not fund ballistics testing and
smart gun research. The ENFORCE bill, which I have cosponsored and
which we have not been allowed to debate today, will. And while this
bill thankfully will not reverse existing gun safety or enforcement
measures--it is merely a drop in the bucket compared to what the
American people deserve from Congress.
We have been waiting for nearly a year, as the Republican leadership
has delayed and procrastinated in doing anything about the problem of
gun violence in our society. And, at long last, this is what they offer
the American people? They should be ashamed.
Those of us who have been fighting this fight, who believe the
American people deserve more than the smoke and mirrors they are
getting from the other side of the aisle, will continue to work toward
making real progress on reducing gun violence. I urge my colleagues to
make this bill a point of departure, not a destination. I am voting for
this bill but let's not stop until we have passed the real gun safety
and enforcement measures that our country deserves.
Mr. SCOTT. Mr. Speaker, although there was no subcommittee mark and
no committee mark, we have been denied an extension of time. Everybody
knows this is a waste of money.
Mr. Speaker, I have one speaker remaining within the time period. I
yield that 1 minute to the gentlewoman from Texas (Ms. Jackson-Lee), a
member of the committee.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman from
Virginia (Mr. Scott) for yielding me the time.
This is difficult. Mr. Speaker, I wish we had more time to discuss
this issue, primarily because I agree with my colleague, the gentleman
from Arkansas (Mr. Hutchinson), this is an issue that is tragically
impacting Americans, guns in America.
I say to the gentleman from Florida (Mr. McCollum), I would like to
work with the gentleman, but the difficulty that we have with this
legislation is that it should have gone through the committee process.
It is good legislation, to the extent that it would have the ability of
having the input of all of the Members to be able to design and craft
legislation that would address the question of gun prevention, gun
safety in this Nation, along with the enforcement of gun laws against
those who would use them illegally.
What we have in Project Exile is the opportunity to serve only a few
States. Yes, I stand here from the State of Texas, but not the 44 other
States. Tragically every single day, gun violence occurs.
What do we do to the 9-year-old in my community that lost his life
because he had a gun accidentally held in his hand? This bill does not
answer those concerns and I would appreciate if we could work
collaboratively together, Mr. Speaker.
I would hope that we would pass gun safety legislation, gun
prevention and gun laws.
Mr. Speaker, I rise to take a moment to discuss the abuse of the
legislative process by certain members of the majority.
The latest abuse of the legislative process is represented by H.R.
4051. ``Project Exile: The Safe Streets and Neighborhoods Act of
2000.'' The bill is sponsored by Representative McCullum.
The Subcommittee on Crime held a hearing on April 6 concerning this
legislation, but has taken no further action on this legislation.
Indeed, the legislation was not even scheduled for an ordinary mark-up.
The Republicans have placed this legislation for consideration on
today's suspension calendar so that no one can debate the merits of the
bill.
In the past week, the Judiciary Republicans have regrettably abused
the process in the same way on the Partial Abortion bill and the
constitutional amendment on tax increases, scheduled for later this
week.
This procedural gamesmanship is designed because Republicans fear a
debate and vote on Democratic and Administration alternatives. They do
not want too much discussion about their failure to allow debate about
meaningful gun control legislation.
H.R. 4051 is the latest in a series of efforts by opponents of common
senses gun safety measures like those passed by the Senate last year to
shift the focus away from resources like the legislation that would
close the gun show loophole that is currently bottled up in the
juvenile justice conference.
Project Exile was established in 1997, in response to Richmond,
Virginia's homicide rate. The goal was to reduce gun violence by
changing the culture of violence by using a multi-dimensional strategy,
which includes a law enforcement/prosecution effort as well as
community outreach and education programs.
An essential part of the project has been an innovative community
outreach/education effort through various media to get the message to
the criminals about this crackdown, and build a coalition directed at
the problem. The program has been very successful, increasing citizen
reports about guns and emerging the community to support police
efforts.
Project Exile soon became a symbol of a successful enforcement effort
that involved exclusive prosecution of gun enforcement. That has,
unfortunately, come for at the expense of an emphasis on gun
prevention.
Indeed, Project Exile's appeal as a symbol for gun enforcement has
prompted state officials to develop their own versions at the state
level, including in my state.
Unfortunately, the ``Project Exile'' legislation would not allow
Democrats to address the fact 44 states will not qualify for funds,
that federal funds can be used for as trivial purposes as carpeting
judges offices, and that the Republican proposal is altogether too
barren and fails to close enforcement loopholes.
The bill reflects the NRA's common approach to deceive the public
into thinking that we should simply enforce the laws already enacted to
make streets safer.
Specifically, H.R. 4051 would (1) provide resources to states that
ensure a mandatory minimum sentence of five years (without parole) for
any person who uses or carries a firearm during a violent crime; (2)
requires that the mandatory minimum sentence must be in addition to the
punishment provided for the underlying crime; and (3) gives states the
option to prosecute offenders in either state or federal court, so long
as the states ensure that mandatory minimum sentence of five years is
served.
The Republicans are pushing this legislation to the floor as a matter
of pure politics. The arrival of the one-year anniversary of the
Columbine Massacre on April 20 has basically given the Republicans the
impetus to do something, however hollow regarding real common senses
gun control it may be.
H.R. 4051 imposes stiff 5-year mandatory minimum sentences in
addition to the punishment for the underlying crime.
This is especially objectionable to Democrats because in there is a
strong perception that federalizing all crimes gun crimes in Richmond
and in other cities has had a disproportionate effect on African
Americans, because prosecuting them in federal court changed the
composition of the federal juries and resulted in stiff 5-year
mandatory minimum sentences.
[[Page H2033]]
``Texas Exile,'' modeled after the Virginia model, will be
implemented in my state over the next two years. The goal of Texas
Exile is the reduction of gun violence statewide by targeting criminals
who use and carry weapons. This prosecution effort will be complemented
by a public awareness campaign which markets the message to criminals
that if they illegally possess or commit a crime with a gun, they will
go to prison for a significant period of time.
Law enforcement officials from my state say they have scheduled
meetings with U.S. Attorneys, District Attorneys, Mayors, and Police
Chiefs in several cities in Texas, including Houston, to discuss
implementation to Texas Exile.
As officials begin to gather statistics on the number of prosecutions
relating to Texas Exile, I am concerned that not enough community
outreach and education will be devoted to education about gun
prevention.
Programs that empower citizens to keep guns away from their
communities can work if they work in strong collaboration with local
and federal officials.
Finally, statistics show that the record on enforcement of existing
gun laws in Texas is less than ideal.
In Texas, many cases have not been prosecuted despite Governor Bush's
efforts to show the effect of solid enforcement of existing gun laws in
Texas.
Data indicates that between January 1, 1996 and August 31, 1999, 2658
applications for concealed carry licenses were denied. As many as 771
of these denials were because the applicant was a convicted felon
(including applicants from people who were convicted of sexual assault
of a child, homicide, attempted murder, indecency with a child, and
aggravated assault with a weapon).
Because they as already taken the prerequisite safety course, they
had broken state law by possessing a gun. As was made clear last week
during the Subcommittee on Crime of the House Judiciary Committee, the
Texas government officials have not yet responded as to why any of
these 771 people had not been prosecuted since 1996.
Without a coordinated approach that includes community outreach and
education regarding gun prevention efforts, we will not obtain the
results we seek in reducing gun violence in America.
Mr. McCOLLUM. Mr. Speaker, I yield myself the balance of the time.
Mr. Speaker, I want to thank everybody for this debate today. I
realize there are some differences about what we should be doing today
or not be doing today, but I have heard very little real criticism of
the substance of this legislation but rather there are concerns that
there are other things that could help in the effort of gun violence. I
think all of us would agree there are other things. Certainly more
funding for the Bureau of Alcohol, Tobacco and Firearms would be
helpful, and I would support an appropriate level of increase in that.
We have already talked about the need for trigger locks and for other
gun safety measures which are in other pieces of legislation that are
pending right now, but today we have a chance to pass a bill, a bill
that will provide incentive grants to the States to do something that
we know is proven and effective to stop gun violence.
The real heartache, as I said earlier, regarding so much violence
with guns involves avoidable tragedies, avoidable in the sense that
many gun criminals are back on the streets before they should be and
they are committing additional violent crimes.
This bill today provides $100 million in grants to the States that
are willing to pass laws that assure that those who carry or use guns
in violent crimes have to serve at least a minimum mandatory 5-year
sentence without parole, in addition to any underlying sentence, or
that they must agree in some manner to prosecute those felons that are
back out on the streets who carry a gun or possess a gun, whether they
are committing a crime or not. I think that that is a very positive
step.
We have seen the results in Richmond and elsewhere on Project Exile
which is what this is today. We should pass these incentive grants to
encourage States to do that and, no, all States do not qualify, only
six do, but that is the whole idea.
When we did Truth in Sentencing, we went from 5 to 27 States that had
those laws that now require those who commit violent crimes to serve at
least 85 percent of their sentences. If we pass this incentive grant
program today, we should go from at least the 6 States who qualify to
the 27 and probably a whole lot more when this bill is law that have a
provision that says that if one commits a crime carrying a gun or using
a gun they are going to have to serve a minimum mandatory sentence of
at least 5 years.
Ms. LEE. Mr. Speaker, I rise today in strong support of the motion to
instruct the conferees on the Juvenile Justice bill.
These laws would help bring an end to the unnecessary deaths
occurring among our children; unfortunately, we have seen too many
massacres, too much heartbreak and too many tragedies, sometimes, even
at the hands of our children.
We promised the American people common sense gun control legislation.
We have not delivered on that promise. In fact, we have gone in the
other direction--engaging in a war of words only. Two weeks ago, the
Congress had an opportunity to act responsibly and at a minimum insist
that the conferees to the juvenile justice bill meet immediately. Yet
the motion was pulled from the calendar.
In my district, in Northern California, the Oakland City Council has
taken a strong stance on gun control. They are putting human lives
first by prohibiting the sale of compact hand guns, penalizing firearms
``straw sales,'' and prohibiting people under the age of 18 from
entering establishments that display firearms. Yet here in Congress we
won't, even take the minimum steps, such as child safety trigger locks,
to ensure the safety of our children.
We can no longer afford to play partisan politics while so many
children's lives remain at stake. The Juvenile Justice Conferees must
meet immediately. Congress must pass common sense gun control
legislation and deliver on its promise.
Ms. STEARNS. Mr. Speaker, today we are taking a positive step toward
effectively addressing gun violence. H.R. 4051, fashioned after the
successful enforcement program in Richmond, VA, will send the message
to criminals that an illegal gun will get you an automatic 5 year
sentence without parole.
Under this bill, States like Florida that have similar firearms laws
would qualify for funding under this legislation. The grants can be
used to strengthen all aspects of the State's criminal and juvenile
justice systems.
This is a commonsense approach to curbing gun violence. We are not
just throwing money at new federal agents, we are addressing this issue
at the State and local level--where it counts. Giving those States with
tough firearms laws the assistance to aggressively enforce them, and
helping other States adopt similar laws so that eventually, every
criminal will know that wherever he travels within the U.S., if he has
an illegal firearm--he is exiled to prison.
Mr. REYES. Mr. Speaker, I rise in strong support of this bill.
Gun violence is a growing concern of the public. We have watched with
horror as gun related incidents have taken place around the country.
With multiple shooting at our schools, community centers, in the
workplace, and in every part of the country, we have tragically seen
innocent victims injured and killed from gunfire. While some of these
have been isolated incidents with a variety of circumstances, it is
wake up call that more must be done to stem gun violence and deter
those who would freely carry weapons and use them to commit acts of
violence.
In response, Project Exile has established itself as an excellent
initiative to address this problem, having originated in Virginia and
now being replicated around the country, and specifically in my state
of Texas.
Project Exile, establishes five year minimum mandatory sentences for
carrying or using a gun during the commission of a crime. It also
establishes greater coordination between state and federal prosecutors,
so that prosecutors can more readily access the heavier sentences
available under the federal sentencing guidelines. As a consequence,
Project Exile works because it brings together all of law enforcement--
local, state and federal law--to focus on the illegal use of guns along
with stiff sentencing. As someone who spent over 26\1/2\ years in law
enforcement, I can tell you that the threat from gun violence requires
this kind of coordinated approach from law enforcement and the
community.
Since the Texas Exile program was initiated at the beginning of this
year, we have already seen positive results from this approach.
The Safe Streets and Neighborhoods Act which we are considering
today, provides an important incentive to other states to replicate
Project Exile for their state residents. By providing $100 million
dollars in incentive grants to those states implementing Project Exile
through this bill, we establish a national initiative to aggressively
prosecute and sentence gun offenders.
In conclusion, with passage of this bill I am convinced that we put
criminals around the nation on notice that if they use a gun during the
commission of a crime they will face extremely aggressive prosecution
and lengthy sentences without parole upon conviction. In this way we
can reduce violent crime not only in Virginia and Texas, but around the
country.
[[Page H2034]]
I therefore support this bill, and ask my colleagues to vote for its
passage.
Mr. CROWLEY. Mr. Speaker, I rise today to express my serious concerns
with H.R. 4051, Project Exile, the Safe Streets and Neighborhoods Act.
Project Exile is a worthwhile program that provides collaboration
between federal, state and local law enforcement, along with community
involvement. Too bad H.R. 4051 only seeks to link itself to Project
Exile in name and does not take this lesson to heart. H.R. 4051,
despite its stated intentions, will not do enough to keep our streets
safe and keep guns out of the hands of criminals and children.
In 1998 Congress appropriated $1.5 million to provide Philadelphia
prosecutors with funding to help combat gun violence. However, H.R.
4051 provides only $10 million for all of the States eligible for
grants under this program. Clearly, this level of funding is
insufficient to address the monumental problem of gun violence in our
society.
Now, I agree with the supporters of this legislation in one key
respect, the U.S. Congress must provide enhanced resources to enforce
existing gun control laws.
That is why I have joined with Ranking Member Conyers, Congresswoman
Carolyn McCarthy and a number of my colleagues in supporting H.R. 4066,
the Act for the Effective National Firearms Objectives for Responsible
Common-sense Enforcement of 2000 or ENFORCE Act.
H.R. 4066, unlike H.R. 4051, provides real resources to assist law
enforcement officials in the apprehension and prosecution of those who
violate our gun control laws.
Mr. Speaker, H.R. 4066 authorizes funding for 500 new Alcohol,
Tobacco and Firearms agents and inspectors, as well as over 1,000
Federal, state and local gun prosecutors. This legislation also
improves gun tracing and ballistics testing systems, funds smart gun
technologies and closes the dangerous loopholes that allow criminals
and children to obtain guns by hindering the enforcement of gun control
laws.
H.R. 4066 would go a long way toward apprehending and prosecuting
criminals who violate gun control laws. Too bad H.R. 4051 was brought
directly to the floor as a suspension without any opportunity for
Democrats to offer amendments. Too bad my colleagues across the aisle
are only interested in paying lip service to the enforcement of
existing gun control laws, because if they were serious, they would
bring up the ENFORCE Act under suspension or allow it as an amendment.
Mr. Speaker, I find it hard to believe that despite the overwhelming
desire by the American people for reasonable and common sense
limitations on access to guns, this Congress has still not passed and
sent to the President the Senate version of the Juvenile Justice bill.
The parents of America are concerned. And, given the tragedies that
have occurred across this nation, they have a right to be. They are
concerned about the proliferation of guns, of kids gaining access to
guns without trigger locks, of guns being bought and sold at gun shows
and flea markets without adequate background checks, and of the ability
to buy guns anonymously over the Internet.
They are concerned, Mr. Speaker, because current U.S. law is
inadequate to prevent guns from easily falling into the wrong hands.
They are concerned and want action by this Congress.
Mr. Speaker, despite my very serious concerns with H.R. 4051, I plan
to vote in favor of this legislation for two reasons. One, it does
provide some additional resources for the fight against gun violence.
Two, I have high hopes that the Senate will do the right thing and make
this into a better piece of legislation that will make our streets and
neighborhoods safer.
Mr. BARR of Georgia. Mr. Speaker, I commend you for bringing H.R.
4051 the ``Project Exile; Safe Streets and Neighborhoods Act'' to the
House Floor for a vote. Project Exile is an extremely successful
program that drastically reduces gun violence, and needs to be expanded
throughout the United States.
This project, run by the U.S. Attorney's office, is credited with
substantially reducing violent crime in Richmond, Virginia. Under
``Exile,'' all felons, without exception, who illegally possess
firearms are prosecuted and sentenced to stiff, federal mandatory
prison terms. The program publicly and visibly advertises the new
sentencing procedure, to further deter the illegal possession of
firearms, and emphasizes joint, coordinated prosecution involving
federal, state, and local police and prosecutors.
The program proves that when political debates about gun control take
a back seat to coordinated, consistent and aggressive enforcement of
existing laws, violent crime is dramatically reduced and lives saved.
``Project Exile'' sends a clear message to criminals, that having an
illegal firearm will earn a swift and tough sentence in federal prison.
Under this plan, the efforts of prosecutors, backed by a community
advertising plan, has made it common knowledge on the streets of
Richmond that felons caught with firearms will be swiftly ``exiled'' to
federal prison for a minimum of five years. We know the vast majority
of gun violence is committed by individuals with prior felonies. If we
can keep these felons from carrying firearms, we can dramatically
reduce gun violence.
In return for taking these simple steps, the City of Richmond has
achieved a significant drop in violent crime. Richmond's homicide rate
alone has been cut over 33% by the program, in the past two years. In
the process, prosecutors have achieved a 90% conviction rate on 509
indictments.
This is a program that should be extended by the Department of
Justice to other cities across America. The Department of Justice's
failure to direct ``Exile'' projects in other major U.S. cities such as
Atlanta, is unacceptable. It is another example of the Department's
refusal to enforce existing gun laws. For example, in 1998, the
Department prosecuted only one felon who tried to purchase a firearm
and was caught by the instant check system. In the same year, there
were 6,000 students caught with guns in school, but only eight
prosecutors. From 1992 to 1998, the number of federal prosecutions for
criminal use of guns has declined almost fifty percent while funding to
the Department of Justice and Department of Alcohol, Tobacco and
Firearms has almost doubled.
Programs such as ``Project Exile'' are proven to be effective in the
fight against crime. It is time for all cities to implement such a
program and get tough with criminals. H.R. 4051 will allow this to
happen. I am proud to be a supporter of the ``Project Exile'' program
and a cosponsor of this bill. I urge you to support both.
Mr. UDALL of Colorado. Mr. Speaker, I will support this bill, but I
am disappointed with the way it is being brought to the floor and with
the bill itself.
I am disappointed that the Republican leadership has brought the bill
before the House under a procedure that prohibits any amendments and
allows for only a minimal time for discussion.
I also am disappointed with the way the bill has been drafted. Parts
of it are too narrow, so that only a few states would qualify for the
proposed law-enforcement assistance. Other parts are too broad, so that
the funds that would be provided to the states would not necessarily be
used for better enforcement of gun laws. Instead, it could go for
almost anything related to law enforcement or corrections.
I think the House can and should do better than this. We can and
should take time to fully discuss this bill and to consider amendments
that could strengthen it so that it would come closer to living up to
its title of the ``Project Exile: The Safe Streets and Neighborhood Act
of 2000.''
I strongly support the kind of increased enforcement that the bill's
title tries to suggest would be the result of enacting this measure. In
Colorado our United States Attorney, Tom Strickland, is working in
cooperation with state and local law-enforcement officials, for that
kind of increased enforcement.
I want to do all I can to help that important initiative--so, while
this bill is not everything that I think it could and should be, I will
support it. The bill would at least take a small step toward better
enforcement in Colorado and the five other states that now meet the
bill's criteria for receiving assistance, and I urge its approval.
Mr. BLILEY. Mr. Speaker, I am supporting the expansion of a program
that has been extremely successful in my hometown of Richmond, VA--
Project Exile. I am pleased to be an original cosponsor of this
legislation, Project Exile: The Safe Streets and Neighborhood Act of
2000 (H.R. 4051), introduced by Congressman Bill McCollum (R-FL).
Crime is a serious problem which effects every member of society, yet
I do not feel that gun control is the solution. I let my record speak
best of my views of the Second Amendment. I have never voted to ban
guns because I believe they infringe upon the rights of responsible
citizens who own guns or would like to own them in the future. We do
not need more gun control laws; we need more enforcement of the laws we
already have. That is exactly what Project Exile does.
Until Project Exile, people in Richmond were afraid to leave their
homes at night--parts of Richmond had been taken over by gun toting
criminals. Richmond had one of the highest murder rates in the world.
Then in 1997, Project Exile started. The turn around has been
remarkable. In three short years, homicides have dropped 46 percent.
Crimes involving guns have dropped a remarkable 65 percent. Aggravated
assaults fell 39 percent. Violent crimes have fallen 35 percent.
The citizens of Richmond are taking back our city--they did this by
letting the criminals know that if they use a gun illegally, they are
[[Page H2035]]
going to prison. It is for this reason that I support expanding this
program--a program that stops crime--to the rest of the country.
Project Exile saves lives and protects families and their children from
the destructive and deadly acts of violent criminals. If you doubt me,
then I invite you to drive down to Richmond and talk to our police,
business owners, religious leaders and the hard working citizens of
Richmond. You will quickly see the positive impact Project Exile has
had on Richmond.
Law enforcement and stronger penalties, including prison without the
possibility of parole, remain the most powerful weapons of the Congress
in fighting crime. In Richmond, Project Exile has proven that effective
law enforcement along with aggressive prosecution reduces violence and
crime. Project Exile saves lives and protects families and their
children from the destructive and deadly acts of violent criminals.
As an original cosponsor of this legislation, I look forward to the
day that all people in this country will be protected by this effective
program that saves lives. I ask my colleagues to vote yes on this
important legislation.
Ms. WOOLSEY. Mr. Speaker, H.R. 4051 is another smoke screen for the
Republicans and the NRA to hide behind. While Republicans are wasting
time with this ``do nothing'' gun bill, 12 children will die today from
gun violence. That's 12 children gone forever.
This is not a game, Mr. Speaker, this is about children's lives.
Next week we will commemorate the one year anniversary of Columbine.
As Representative McCullom admitted, our children need mandatory safety
locks; they need powerful ammunition clips to be banned; they need
effective background checks; and, they need the gun show loopholes
closed.
Additionally, what is truly needed is for the NRA to loosen its grip
on the Republican leadership. Our children need real gun safety
legislation and they need it now.
Guns kill, It's that simple.
This bill does nothing more than say we should have enforcement of
gun laws. What a joke.
I urge my Republican colleagues to stop standing up for the NRA and,
instead, stand up for children.
Mr. WATTS of Oklahoma. Mr. Speaker, for months we have engaged in a
national debate or rhetoric on the issue of gun violence. Both sides of
the political spectrum have had their opinion on how to end gun
violence in our country. Today, this body will consider common sense
legislation that will be the first step to ending gun violence. Today,
this Congress sends a simple and convincing message to criminals around
the country. If you are a convicted felon and are in the possession of
a firearm you will go to prison for at last 5 years. If you possess a
firearm on school property in a threatening manner you will go to
prison for at least 5 years. If you possess a firearm and illegal drugs
such as heroin or cocaine you will go to prison for at least 5 years.
My colleagues on both sides of the aisle agree that tougher
enforcement of gun laws is needed. We all have a common goal. Today we
make our goal a reality. Today, we give our state and local governments
the means to achieve this desired goal. We have the opportunity to
provide $100 million dollars in grants to our states to prosecute
violators of gun laws. This money will be used to hire and train
judges, hire criminal prosecutors, and pay for new prisons to hold
those convicted of violating our gun laws. Today we will start making
our gun laws work, we will start enforcing them across the country.
I urge all of my colleagues to stand together today and send a
message to all criminals across America. I urge you to stand tall and
say we will no longer stand for gun violence in our country. We need to
stop infringing on the Constitution, and actually enforce the laws that
are on the books. I urge you to stand with me and vote for H.R. 4051,
``Project Exile: The Safe Streets and Neighborhoods Act of 2000.''
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. McCollum) that the House suspend the rules
and pass the bill, H.R. 4051.
The question was taken.
Mr. McCOLLUM. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 358,
nays 60, not voting 16, as follows:
[Roll No. 115]
YEAS--358
Abercrombie
Ackerman
Aderholt
Andrews
Archer
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Capps
Castle
Chabot
Chambliss
Chenoweth-Hage
Clement
Coble
Coburn
Collins
Combest
Condit
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeFazio
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fletcher
Foley
Forbes
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Herger
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jefferson
Jenkins
John
Johnson (CT)
Jones (NC)
Kanjorski
Kaptur
Kasich
Kelly
Kildee
Kind (WI)
King (NY)
Kingston
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaHood
Lampson
Lantos
Largent
Larson
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Mascara
Matsui
McCarthy (NY)
McCollum
McCrery
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Menendez
Metcalf
Mica
Miller (FL)
Miller, Gary
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Ortiz
Ose
Oxley
Packard
Pallone
Pascrell
Pastor
Pease
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Regula
Reynolds
Riley
Rivers
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanchez
Sandlin
Sawyer
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stabenow
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Thune
Thurman
Tiahrt
Toomey
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Vento
Visclosky
Vitter
Walsh
Wamp
Watkins
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Wu
Young (AK)
Young (FL)
NAYS--60
Allen
Berman
Brady (PA)
Campbell
Capuano
Cardin
Carson
Clay
Clayton
Clyburn
Conyers
Cummings
Davis (IL)
Delahunt
Fattah
Filner
Ford
Frank (MA)
Hastings (FL)
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Johnson, E. B.
Jones (OH)
Kennedy
Kilpatrick
LaFalce
Lee
Lewis (GA)
Lofgren
Markey
McCarthy (MO)
McDermott
McGovern
McKinney
Meek (FL)
Meeks (NY)
Millender-McDonald
Olver
Owens
Paul
Payne
Pelosi
Rangel
Rush
Sabo
Sanders
Sanford
Schakowsky
Scott
Serrano
Snyder
Stark
Thompson (MS)
Tierney
Towns
Velazquez
Waters
Watt (NC)
Woolsey
NOT VOTING--16
Cook
Cubin
DeGette
Ewing
Gilman
Goodling
Hefley
Johnson, Sam
Kleczka
Martinez
McIntosh
Morella
Reyes
Rodriguez
Walden
Wynn
[[Page H2036]]
{time} 1316
Mr. DELAHUNT, Ms. MILLENDER-McDONALD, and Ms. EDDIE BERNICE JOHNSON
of Texas changed their vote from ``yea'' to ``nay.''
Mr. GUTIERREZ and Mr. BECERRA changed their vote from ``nay'' to
``yea.''
So (two-thirds having voted in favor thereof) the rules were
suspended and the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. EWING. Mr. Speaker, on rollcall No. 115, had I been present, I
would have voted ``yes.''
Mr. GILMAN. Mr. Speaker, during rollcall No. 115 I was unavoidably
detained, while attending the funeral of Jack Brady, former Chief of
Staff of the House International Relations Committee, and missed the
vote. If I had been present I would have voted ``aye.''
____________________