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‘‘(91) VIOLENT
CRIME
REDUCTION
TRUST
FUND.’’.
(e) REQUIREMENT FOR THE PRESIDENT TO REPORT
ANNUALLY ON THE STATUS OF THE TRUST FUND.—Sec-
tion 1105(a) of title 31, United States Code, is amended
by adding at the end the following new paragraphs:
‘‘(30) information about the Violent Crime Re-
duction Trust Fund, including a separate statement
of amounts in that Trust Fund.
‘‘(31) an analysis displaying, by agency, pro-
posed reductions in full-time equivalent positions
compared to the current year’s level in order to com-
ply with section 5 of the Federal Workforce Restruc-
turing Act of 1994.’’.
(f) ALLOCATION AND SUBALLOCATION OF AMOUNTS
IN THE FUNDS.—
(1) IN GENERAL.—Section 602(a) of the Con-
gressional Budget Act of 1974 is amended—
(A) in paragraph (1)(A) by striking ‘and’
at the end of clause (ii), by striking the semi-
colon and inserting a comma at the end of
clause (iii), and by adding after the clause (iii)
the following:
‘‘(iv) new budget authority from the
Violent Crime Reduction Trust Fund, and
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‘‘(v) outlays from the Violent Crime
Reduction Trust Fund;’;
(B) in paragraph (2) by striking ‘and’ at
the end of subparagraph (B) and by adding
after subparagraph (C) the following:
‘‘(D) new budget authority from the Vio-
lent Crime Reduction Trust Fund; and
‘‘(E) outlays from the Violent Crime Re-
duction Trust Fund;’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) NO
DOUBLE
COUNTING.—Amounts allo-
cated among committees under clause (iv) or (v) of
paragraph (1)(A) or under subparagraph (D) or (E)
of paragraph (2) shall not be included within any
other allocation under that paragraph.’’.
(2) FISCAL YEAR 1995.—The chairman of the
Committee on the Budget shall submit to the House
of Representatives or the Senate, as the case may
be, appropriately revised allocations under clauses
(iv) and (v) of paragraph (1)(A) or subparagraphs
(D) and (E) of paragraph (2) of section 602(a) of
the Congressional Budget Act of 1974 for fiscal year
1995 to carry out subsection (b)(1).
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SEC. 1002. EXTENSION OF AUTHORIZATIONS OF APPRO-
PRIATIONS FOR FISCAL YEARS FOR WHICH
THE FULL AMOUNT AUTHORIZED IS NOT AP-
PROPRIATED.
If, in making an appropriation under any provision
of this Act or amendment made by this Act that author-
izes the making of an appropriation for a certain purpose
for a certain fiscal year in a certain amount, the Congress
makes an appropriation for that purpose for that fiscal
year in a lesser amount, that provision or amendment shall
be considered to authorize the making of appropriations
for that purpose for later fiscal years in an amount equal
to the difference between the amount authorized to be ap-
propriated and the amount that has been appropriated.
SEC. 1003. FLEXIBILITY IN MAKING OF APPROPRIATIONS.
(a) FEDERAL LAW ENFORCEMENT.—In the making
of appropriations under any provision of this Act or
amendment made by this Act that authorizes the making
of an appropriation for a Federal law enforcement pro-
gram for a certain fiscal year in a certain amount out of
the Violent Crime Reduction Trust Fund, not to exceed
10 percent of that amount is authorized to be appro-
priated for that fiscal year for any other Federal law en-
forcement program for which appropriations are author-
ized by any other Federal law enforcement provision of
this Act or amendment made by this Act. The aggregate
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reduction in the authorization for any particular Federal
law enforcement program may not exceed 10 percent of
the total amount authorized to be appropriated from the
Violent Crime Reduction Trust Fund for that program in
this Act or amendment made by this Act.
(b) STATE AND LOCAL LAW ENFORCEMENT.—In the
making of appropriations under any provision of this Act
or amendment made by this Act that authorizes the mak-
ing of an appropriation for a State and local law enforce-
ment program for a certain fiscal year in a certain amount
out of the Violent Crime Reduction Trust Fund, not to
exceed 10 percent of that amount is authorized to be ap-
propriated for that fiscal year for any other State and
local law enforcement program for which appropriations
are authorized by any other State and local law enforce-
ment provision of this Act or amendment made by this
Act. The aggregate reduction in the authorization for any
particular State and local law enforcement program may
not exceed 10 percent of the total amount authorized to
be appropriated from the Violent Crime Reduction Trust
Fund for that program in this Act or amendment made
by this Act.
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TITLE XI—MANDATORY LIFE IMPRISON-
MENT FOR PERSONS CONVICTED OF
CERTAIN FELONIES
SEC. 1101. MANDATORY LIFE IMPRISONMENT FOR PER-
SONS CONVICTED OF CERTAIN FELONIES.
Section 3559 of title 18, United States Code, is
amended—
(1) in subsection (b), by striking ‘‘An’’ and in-
serting ‘‘Except as provided in subsection (c), an’’ in
lieu thereof; and
(2) by adding the following new subsection at
the end:
‘‘(c) IMPRISONMENT
OF CERTAIN VIOLENT FEL-
ONS.—
‘‘(1) MANDATORY LIFE IMPRISONMENT.—Not-
withstanding any other provision of law, a person
who is convicted in a court of the United States of
a serious violent felony shall be sentenced to life im-
prisonment if—
‘‘(A) the person has been convicted (and
those convictions have become final) on sepa-
rate prior occasions in a court of the United
States or of a State of—
‘‘(i) 2 or more serious violent felonies;
or
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‘‘(ii) one or more serious violent felo-
nies and one or more serious drug offenses;
and
‘‘(B) each serious violent felony or serious
drug offense used as a basis for sentencing
under this subsection, other than the first, was
committed after the defendant’s conviction of
the preceding serious violent felony or serious
drug offense.
‘‘(2) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘assault with intent to com-
mit rape’ means an offense that has as its ele-
ments engaging in physical contact by which a
person intentionally places another person in
fear of aggravated sexual abuse or sexual abuse
(as described in sections 2241 and 2242);
‘‘(B) the term ‘arson’ means an offense
that has as its elements maliciously damaging
or destroying any building, inhabited structure,
vehicle, vessel, or real property by means of fire
or an explosive;
‘‘(C) the term ‘extortion’ means an offense
that has as its elements the extraction of any-
thing of value from another person by threaten-
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rape; aggravated sexual abuse and sexual
abuse (as described in sections 2241 and
2242); abusive sexual contact (as described
in sections 2244 (a)(1) and (a)(2)); kid-
napping; aircraft piracy (as described in
section 46502 of title 49); robbery (as de-
scribed in section 2111, 2113, or 2118);
carjacking (as described in section 2119);
extortion; arson; firearms use; or attempt,
conspiracy, or solicitation to commit any of
the above offenses; and
‘‘(ii) any other offense punishable by
a maximum term of imprisonment of 10
years or more that has as an element the
use, attempted use, or threatened use of
physical force against the person of an-
other or that, by its nature, involves a sub-
stantial risk that physical force against the
person of another may be used in the
course of committing the offense;
‘‘(G) the term ‘State’ means a State of the
United States, the District of Columbia, and a
commonwealth, territory, or possession of the
United States; and
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‘‘(H) the term ‘serious drug offense’
means—
‘‘(i) an offense that is punishable
under section 401(b)(1)(A) or 408 of the
Controlled Substances Act (21 U.S.C.
841(b)(1)(A), 
848) 
or 
section
1010(b)(1)(A) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
960(b)(1)(A)); or
‘‘(ii) an offense under State law that,
had the offense been prosecuted in a court
of the United States would have been pun-
ished under section 401(b)(1)(A) or 408 of
the Controlled Substances Act (21 U.S.C.
841(b)(1)(A), 
848) 
or 
section
1010(b)(1)(A) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
960(b)(1)(A)).
‘‘(3) NONQUALIFYING FELONIES.—
‘‘(A) ROBBERY IN CERTAIN CASES.—Rob-
bery, an attempt, conspiracy, or solicitation to
commit robbery; or an offense described in
paragraph (2)(F)(ii) shall not serve as a basis
for sentencing under this subsection if the de-
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fendant establishes by clear and convincing evi-
dence that—
‘‘(i) no firearm or other dangerous
weapon was used in the offense and no
threat of use of a firearm or other dan-
gerous weapon was involved in the offense;
and
‘‘(ii) the offensive did not result in
death or serious bodily injury (as defined
in section 1365) to any person.
‘‘(B) ARSON
IN
CERTAIN
CASES.—Arson
shall not serve as a basis for sentencing under
this subsection if the defendant establishes by
clear and convincing evidence that—
‘‘(i) the offense posed no threat to
human life; and
‘‘(ii) the defendant reasonably believed
the offense posed no threat to human life.
‘‘(4) INFORMATION FILED BY UNITED STATES
ATTORNEY.—The provisions of section 411(a) of the
Controlled Substances Act (21 U.S.C. 851(a)) shall
apply to the imposition of sentence under this sub-
section.
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‘‘(5) RULE
OF
CONSTRUCTION.—This sub-
section shall not be construed to preclude imposition
of the death penalty.
‘‘(6) SPECIAL
PROVISION
FOR
INDIAN
COUN-
TRY.—No person subject to criminal jurisdiction of
an Indian tribal government shall be subject to this
subsection for any offense for which Federal juris-
diction is solely predicated on Indian country (as de-
fined in section 1151) and which occurs within the
boundaries of such Indian country unless the gov-
erning body of the tribe has elected that this sub-
section have effect over land and persons subject to
the criminal jurisdiction of the tribe.
‘‘(7) RESENTENCING UPON OVERTURNING OF
PRIOR CONVICTION.—If the conviction for a serious
violent felony or serious drug offense that was a
basis for sentencing under this subsection is found,
pursuant to any appropriate State or Federal proce-
dure, to be unconstitutional or is vitiated on the ex-
plicit basis of innocence, or if the convicted person
is pardoned on the explicit basis of innocence, the
person serving a sentence imposed under this sub-
section shall be resentenced to any sentence that was
available at the time of the original sentencing.’’.
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SEC. 1102. LIMITED GRANT OF AUTHORITY TO BUREAU OF
PRISONS.
Section 3582(c)(1)(A) of title 18, United States
Code, is amended—
(1) so that the margin of the matter starting
with ‘‘extraordinary’’ and ending with ‘‘reduction’’
the first place it appears is indented an additional
two ems;
(2) by inserting a one-em dash after ‘‘that’’ the
second place it appears;
(3) by inserting a semicolon after ‘‘reduction’’
the first place it appears;
(4) by indenting the first line of the matter re-
ferred to in paragraph (1) and designating that mat-
ter as clause (i); and
(5) by inserting after such matter the following:
‘‘(ii) the defendant is at least 70 years
of age, has served at least 30 years in pris-
on, pursuant to a sentence imposed under
section 3559(c), for the offense or offenses
for which the defendant is currently im-
prisoned, and a determination has been
made by the Director of Prisons that the
defendant is not a danger to the safety of