II
Calendar No. 579
106TH CONGRESS
2D SESSION
H. R. 4051
IN THE SENATE OF THE UNITED STATES
APRIL 12, 2000
Received
MAY 24, 2000
Read the first time
MAY 25, 2000
Read the second time and placed on the calendar
AN ACT
To establish a grant program that provides incentives for
States to enact mandatory minimum sentences for cer-
tain firearms offenses, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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, rob-
bery, and aggravated assault, or a crime in a reason-
ably 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 manufac-
ture 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.
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‘‘(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 Com-
monwealth 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;
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‘‘(G) the expansion, improvement, and co-
ordination of criminal history records; or
‘‘(H) case management programs involving
the sharing of information about serious offend-
ers.
‘‘(2) To carry out a public awareness and com-
munity support program described in section
20353(a)(2).
‘‘(3) To build or expand correctional facilities.
‘‘(c) SUBGRANTS.—A State may use such grants di-
rectly 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 sec-
tion, 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 one or more of the following:
‘‘(A) Any person who, during and in rela-
tion to any violent crime or serious drug traf-
ficking crime, uses or carries a firearm, shall,
in addition to the punishment provided for such
crime of violence or serious drug trafficking
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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 one
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 sup-
port 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 prosecu-
tors 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
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‘‘(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 notwith-
standing that inability if that State, in such applica-
tion, provides assurances that such State has in ef-
fect 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 one or more of the following:
‘‘(A) If a person engages in the conduct
specified in subsection (a)(1)(A), but the con-
viction of that person under State law for that
conduct is not certain to result in the imposi-
tion of an additional sentence as specified in
that subsection, that person is referred for
prosecution for such conduct under Federal
law.
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‘‘(B) If a person engages in the conduct
specified in subsection (a)(1)(B), but the con-
viction of that person under State law for that
conduct is not certain to result in the imposi-
tion of a sentence as specified in that sub-
section, 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 Bu-
reau 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 uti-
lize the best available comparable data regarding the num-
ber of violent crimes for the previous year for the State
for the purposes of allocation of funds under this subtitle.
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‘‘(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 Representa-
tives 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 sub-
title 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.’’.
Passed the House of Representatives April 11, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 579
106TH CONGRESS
2D SESSION
H. R. 4051
AN ACT
To establish a grant program that provides incen-
tives for States to enact mandatory minimum
sentences for certain firearms offenses, and for
other purposes.
MAY 25, 2000
Read the second time and placed on the calendar