; or (B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. 3. Eligibility for Department of Justice grants Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act, in order to be eligible for a grant made by the Department of Justice, a State shall have in place a resentencing and expungement program that is substantially similar to the program under section 2 for nonviolent offenses under the laws of that State.