I 

109TH CONGRESS 

1ST SESSION H. R. 1528 

To amend the Controlled Substances Act to protect vulnerable persons from 

drug trafficking, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2005 

Mr. SENSENBRENNER introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committee on Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Controlled Substances Act to protect vulnerable persons from drug trafficking, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defending America’s 

5 Most Vulnerable: Safe Access to Drug Treatment and 

6 Child Protection Act of 2005’’. 
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1 SEC. 2. PROTECTING CHILDREN FROM DRUG TRAF2 FICKERS. 

3 (a) DISTRIBUTION TO PERSONS UNDER 21 YEARS

4 OF AGE; FIRST OFFENSE.—Section 418(a) of the Con5 trolled Substances Act (21 U.S.C. 859(a)) is amended— 

6 (1) by inserting ‘‘or section 406’’ after 

7 ‘‘401(a)(1)’’; 

8 (2) by inserting ‘‘, or attempting or conspiring 

9 to do so,’’ after ‘‘twenty-one years of age’’; 

10 (3) by striking ‘‘involving the same controlled 

11 substance and schedule’’ and inserting ‘‘without re12 gard to the type of controlled substance and sched13 ule’’; and 

14 (4) by inserting ‘‘Except to the extent a greater 

15 minimum sentence is otherwise provided by section 

16 401(b) and regardless of any maximum term of im17 prisonment, a term of imprisonment under this sub18 section in a case involving distribution to a person 

19 under 18 years of age by a person 21 or more years 

20 of age shall be not less than 10 years. Notwith21 standing any other provision of law, the court shall 

22 not place on probation or suspend the sentence of 

23 any person sentenced under the preceding sentence.’’ 

24 after ‘‘not less than 1 year.’’. 

25 (b) DISTRIBUTION TO PERSONS UNDER 21 YEARS

26 OF AGE; SECOND OR SUBSEQUENT OFFENSE.—Section 
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1 418(b) of the Controlled Substances Act (21 U.S.C. 

2 859(b)) is amended— 

3 (1) by inserting ‘‘or section 406’’ after 

4 ‘‘401(a)(1)’’; 

5 (2) by inserting ‘‘, or attempting or conspiring 

6 to do so,’’ after ‘‘twenty-one years of age’’; 

7 (3) by striking ‘‘involving the same controlled 

8 substance and schedule’’ and inserting ‘‘without re9 gard to the type of controlled substance and sched10 ule’’; 

11 (4) by inserting ‘‘or for a felony drug offense’’ 

12 after ‘‘May 1, 1971’’; and 

13 (5) by striking ‘‘not less than one year.’’ and 

14 inserting ‘‘not less than 10 years. Except to the ex15 tent a greater minimum sentence is otherwise pro16 vided by section 401(b) and regardless of any max17 imum term of imprisonment, a term of imprison18 ment under this subsection in a case involving dis19 tribution to person under 18 years of age by a per20 son 21 or more years of age shall be a mandatory 

21 term of life imprisonment. Notwithstanding any 

22 other provision of law, the court shall not place on 

23 probation or suspend the sentence of any person 

24 sentenced under the preceding sentence.’’. 
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1 (c) DISTRIBUTION OR MANUFACTURE NEAR

2 SCHOOLS OR COLLEGES; FIRST OFFENSE.—Section 

3 419(a) of the Controlled Substances Act (21 U.S.C. 

4 860(a)) is amended— 

5 (1) by striking ‘‘or section 416’’ and inserting 

6 ‘‘, section 406, or section 416’’; 

7 (2) by inserting ‘‘, or attempting or conspiring 

8 to do so,’’ after ‘‘manufacturing a controlled sub9 stance’’; 

10 (3) by striking ‘‘within 100 feet of’’; 

11 (4) by inserting ‘‘, or public library, or public 

12 or private daycare facility’’ after ‘‘video arcade facil13 ity’’; 

14 (5) by inserting ‘‘and regardless of any max15 imum term of imprisonment’’ after ‘‘Except to the 

16 extent a greater minimum sentence is otherwise pro17 vided by section 401(b) of this title’’; and 

18 (6) by striking ‘‘not less than one year’’ and in19 serting ‘‘not less than 5 years’’. 

20 (d) DISTRIBUTION OR MANUFACTURE NEAR

21 SCHOOLS OR COLLEGES; SECOND OR SUBSEQUENT OF22 FENSE.—Section 419(b) of the Controlled Substances Act 

23 (21 U.S.C. 860(b)) is amended— 

24 (1) by striking ‘‘or section 416’’ and inserting 

25 ‘‘, section 406, or section 416’’; 
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1 (2) by inserting ‘‘, or attempting or conspiring 

2 to do so,’’ after ‘‘manufacturing a controlled sub3 stance’’; 

4 (3) by striking ‘‘within 100 feet of’’; 

5 (4) by inserting ‘‘, or public library, or public 

6 or private daycare facility’’ after ‘‘video arcade facil7 ity’’; 

8 (5) by inserting ‘‘or for a felony drug offense’’ 

9 after ‘‘subsection (a) of this section’’; 

10 (6) by inserting ‘‘and regardless of any max11 imum term of imprisonment’’ after ‘‘Except to the 

12 extent a greater minimum sentence is otherwise pro13 vided by section 401(b) of this title’’; and 

14 (7) by striking ‘‘not less than three years’’ each 

15 place it appears and inserting ‘‘not less than 10 

16 years’’. 

17 (e) EMPLOYING CHILDREN IN DISTRIBUTION NEAR

18 PROTECTED PLACES.—Section 419(c) of the Controlled 

19 Substances Act (21 U.S.C. 860(c)) is amended— 

20 (1) by striking ‘‘at least 21 years of age’’ and 

21 inserting ‘‘at least 18 years of age’’; 

22 (2) by inserting ‘‘Except to the extent a greater 

23 minimum sentence is otherwise provided for by sec24 tion 401(b) and regardless of any maximum term of 

25 imprisonment, a person shall be sentenced under 
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1 this subsection to a term of imprisonment of not less 

2 than 10 years’’ after ‘‘triple those authorized by sec3 tion 401.’’; 

4 (3) by striking ‘‘(1)’’ and inserting ‘‘(A)’’ and 

5 in subparagraph (A) as so redesignated, by inserting 

6 ‘‘, or attempts or conspires to do so’’ after ‘‘to vio7 late this section’’; 

8 (4) by striking ‘‘(2)’’ and inserting ‘‘(B)’’and in 

9 subparagraph (B) as so redesignated, by inserting ‘‘, 

10 or attempts or conspires to do so’’ after ‘‘official’’; 

11 (5) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

12 (6) by adding at the end the following: 

13 ‘‘(2) SECOND OR SUBSEQUENT OFFENSES.—Para14 graph (1) shall be applied to an offense after a single prior 

15 conviction under that paragraph or for a felony drug of16 fense has become final by substituting ‘not less than 15 

17 years’ for ‘not less than 10 years’. Penalties for third or 

18 subsequent convictions are governed by section 

19 401(b)(1)(A).’’. 

20 (f) ATTEMPT AND CONSPIRACY RELATING TO EM21 PLOYMENT OR USE OF PERSONS UNDER 18 YEARS

22 OLD.—Section 420(a) of the Controlled Substances Act 

23 (21 U.S.C. 861(a)) is amended— 

24 (1) in paragraph (1), by inserting ‘‘, or attempt 

25 or conspire to do so’’ after ‘‘chapter’’; 
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1 (2) in paragraph (2), by inserting ‘‘, or attempt 

2 or conspire to do so’’ after ‘‘official’’; and 

3 (3) in paragraph (3), by inserting ‘‘, or attempt 

4 or conspire to do so’’ after ‘‘chapter’’. 

5 (g) EMPLOYMENT OR USE OF PERSONS UNDER 18 

6 YEARS OLD; PENALTY FOR FIRST OFFENSE.—Section 

7 420(b) of the Controlled Substances Act (21 U.S.C. 

8 861(b)) is amended— 

9 (1) by inserting ‘‘and regardless of any max10 imum term of imprisonment’’ after ‘‘provided’’; and 

11 (2) by striking ‘‘not less than one year.’’ and 

12 inserting ‘‘not less than 5 years. Except to the ex13 tent a greater minimum sentence is otherwise pro14 vided by section 401(b) and regardless of any max15 imum term of imprisonment, a term of imprison16 ment of a person 21 or more years of age convicted 

17 under this subsection shall not be less than 10 years. 

18 Notwithstanding any other provision of law, the 

19 court shall not place on probation or suspend the 

20 sentence of any person sentenced under the pre21 ceding sentence.’’. 

22 (h) EMPLOYMENT OR USE OF PERSONS UNDER 18 

23 YEARS OLD; SECOND OR SUBSEQUENT OFFENSE.—Sec24 tion 420(c) of the Controlled Substances Act (21 U.S.C. 

25 861(c)) is amended— 
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1 (1) by inserting ‘‘ or for a felony drug offense’’ 

2 after ‘‘prior conviction under subsection (a) of this 

3 section’’; 

4 (2) by inserting ‘‘and regardless of any max5 imum term of imprisonment’’ after ‘‘provided’’; and 

6 (3) by striking ‘‘not less than one year.’’ and 

7 inserting ‘‘not less than 10 years. Except to the ex8 tent a greater minimum sentence is otherwise pro9 vided by section 401(b) and regardless of any max10 imum term of imprisonment, a term of imprison11 ment of a person 21 years or more of age convicted 

12 under this subsection shall be a mandatory term of 

13 life imprisonment. Notwithstanding any other provi14 sion of law, the court shall not place on probation 

15 or suspend the sentence of any person sentenced 

16 under the preceding sentence.’’. 

17 (i) PROVIDING OR DISTRIBUTING A CONTROLLED

18 SUBSTANCE TO AN UNDERAGE PERSON.—Section 420(d) 

19 of the Controlled Substances Act (21 U.S.C. 861(d)) is 

20 amended— 

21 (1) by striking ‘‘fourteen’’ and inserting ‘‘16’’; 

22 and 

23 (2) by striking ‘‘subject to a term of imprison24 ment for not more than 5 years’’ and inserting ‘‘sen-
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1 tenced to a term of imprisonment of not less than 

2 5 years or more than life’’. 

3 (j) MAINTAINING DRUG-INVOLVED PREMISES AF4 FECTING CHILDREN.—Section 416 of the Controlled Sub5 stances Act (21 U.S.C. 856) is amended— 

6 (1) in subsection (a)(1) by inserting ‘‘storing,’’ 

7 before ‘‘or using’’; 

8 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

9 (3) by adding at the end of subsection (b) the 

10 following: 

11 ‘‘(2) Any person who violates subsection (a) of this 

12 section, knowing that the manufacture, distribution, stor13 age, or use of any controlled substance involves or is in14 tended to involve a person under the age of 18 or an in15 competent person, shall be fined not more than 

16 $2,000,000 (if the offender is an individual) and not more 

17 than $8,000,000 (if the offender is an organization) and 

18 imprisoned not less than 5 years or more than life, and 

19 if the defendant is the parent or guardian or otherwise 

20 responsible for the care or supervision of such person shall 

21 be fined as provided in this paragraph and imprisoned not 

22 less than ten years or more than life.’’. 

23 (k) DRUG TRAFFICKING IN THE PRESENCE OF CHIL24 DREN.— 
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1 (1) IN GENERAL.—Part D of the Controlled 

2 Substances Act is amended by adding at the end the 

3 following: 

4 ‘‘DRUG TRAFFICKING IN THE PRESENCE OF CHILDREN

5 ‘‘SEC. 424. (a) Except to the extent a greater min6 imum sentence is otherwise provided by this title, any per7 son who violates section 401(a)(1) of this title or section 

8 1010(a) of title II in or near the presence of a person 

9 under the age of 18 or an incompetent person, or in a 

10 location in which such person resides for any period of 

11 time, knowing or having reason to know that such person 

12 is present or so resides shall be sentenced to a term of 

13 imprisonment which may not be less than 5 years or more 

14 than life. 

15 ‘‘(b) Except to the extent a greater minimum sen16 tence is otherwise provide by this title, any person who 

17 violates section 406 of this title or section 1013 of title 

18 II by committing any act in furtherance of the violation 

19 in or near the presence of a person under the age of 18 

20 or incompetent person, or in a location in which such per21 son resides for any period of time, knowing or having rea22 son to know that such person is present or so resides shall 

23 be sentenced to a term of imprisonment which may not 

24 be less than 5 years or more than life. 

25 ‘‘(c) If at the time of the offense referred to in sub26 section (a) or at the time of the commission of the act 
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1 in furtherance of the violation referred to in subsection 

2 (b) the defendant was the parent or guardian or otherwise 

3 responsible for the care or supervision of the person under 

4 the age of 18 or the incompetent person, shall be sen5 tenced to a term of imprisonment which may not be less 

6 than 10 years or more than life. 

7 ‘‘(d) As used in this section, the term ‘in or near the 

8 presence of a person’ means within visual sight of such 

9 person, within any dwelling, automobile or other vehicle, 

10 or boat, in which such person is present, or within 500 

11 feet of such person.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions for the Comprehensive Drug Abuse Prevention 

14 and Control Act of 1970 is amended by inserting 

15 after the item relating to section 422 the following 

16 new item: 

‘‘Sec. 424. Drug trafficking in the presence of children.’’. 

17 (l) DRUG PARAPHERNALIA INTENDED FOR CHIL18 DREN.—Section 422 of the Controlled substances Act (21 

19 U.S.C. 863) is amended— 

20 (1) so that paragraph (1) of subsection (a) 

21 reads as follows: 

22 ‘‘(1) to sell, offer for sale, facilitate the sale or 

23 offer to sell, or provide drug paraphernalia to any 

24 person;’’. 

25 (2) in subsection (b)— 
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1 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

2 (B) by adding at the end the following: 

3 ‘‘(2) Any person who violates subsection (a) by 

4 selling, offering for sale, facilitating the sale or offer 

5 for sale, or providing drug paraphernalia to any per6 son under the age of 18 or to any person knowing 

7 that it is intended to be provided to or used by a 

8 person under the age of 18 years, or any person who 

9 violates subsection (a) by transporting, importing, or 

10 exporting drug paraphernalia knowing that it is in11 tended to be provided to or used by a person under 

12 the age of 18 years, shall be imprisoned for not less 

13 than 2 years nor more than 10 years.’’. 

14 (m) FURTHER PROTECTION FOR CHILDREN.— 

15 (1) IN GENERAL.—Part D of the Controlled 

16 Substances Act is amended by adding at the end the 

17 following: 

18 ‘‘FAILURE TO PROTECT CHILDREN FROM DRUG

19 TRAFFICKING ACTIVITIES

20 ‘‘SEC. 425. (a) It shall be unlawful for any person 

21 who witnesses or learns of a violation of sections 

22 416(b)(2), 417, 418, 419, 420, 424, or 426 to fail to re23 port the offense to law enforcement officials within 24 

24 hours of witnessing or learning of the violation and there25 after provide full assistance in the investigation, apprehen-
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1 sion, and prosecution of the person violating paragraph 

2 (a). 

3 ‘‘(b) Any person who violates subsection (a) of this 

4 section shall be sentenced to not less than two years or 

5 more than 10 years. If the person who witnesses or learns 

6 of the violation is the parent or guardian, or otherwise 

7 responsible for the care or supervision of the person under 

8 the age of 18 or the incompetent person, such person shall 

9 be sentenced to not less than three years or more than 

10 20 years.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions for the Comprehensive Drug Abuse Prevention 

13 and Control Act of 1970 is amended by inserting 

14 after the item relating to section 423 the following 

15 new item: 

‘‘Sec. 425. Failure to protect children from drug trafficking activities.’’. 

16 (n) SENTENCING GUIDELINES.— 

17 (1) Not later than 120 days after the date of 

18 the enactment of this Act, the Sentencing Commis19 sion shall amend the sentencing guidelines, policy 

20 statements, and official commentary issued under 

21 section 994 of title 28, United States Code, so as to 

22 ensure that— 

23 (A) for any person who has been convicted 

24 of a felony violation of title II of the Controlled 

25 Substances Act, or a felony violation of the 
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1 Controlled Substances Import and Export Act, 

2 if any part of the offense or relevant conduct 

3 involved manufacturing, transporting, pos4 sessing, storing, using, or trafficking in a con5 trolled substance or a chemical or material used 

6 or intended to be used in the manufacture of 

7 any controlled substance in or near the presence 

8 of a person under the age of 18 or an incom9 petent person, or in a location in which a per10 son under the age of 18 or an incompetent per11 son resides for any period of time, or if any of 

12 the offense or relevant conduct involved conduct 

13 constituting an offense under section 416(b)(2), 

14 417, 418, 419, 420, 422, 424, 425, or 426 of 

15 the Controlled Substances Act (whether or not 

16 charged)— 

17 (i) section 5C1.2 of the guidelines 

18 shall not apply; 

19 (ii) the base offense level is increased 

20 by at least 2 levels. Such increase shall be 

21 in addition to any applicable increase 

22 under section 2D1.1(b)(5)(C) or 

23 2D1.10(b)(1)(B); and 

24 (iii) if the defendant was the parent 

25 or guardian or person otherwise respon-
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1 sible for the care or supervision of the per2 son under the age of 18 or the incompetent 

3 person the base offense level is increased 

4 by at least 4 levels. Such increase shall be 

5 in addition to any applicable increase 

6 under section 2D1.1(b)(5)(C) or 

7 2D1.10(b)(1)(B); and 

8 (B) the Guidelines Manual is amended in 

9 section 2D1.1(b)(5)(C) and section 

10 2D1.10(b)(1)(B) to provide for an increase of 8 

11 levels when the defendant was the parent or 

12 guardian, or otherwise responsible for the care 

13 or supervision of the person under the age of 

14 18 or the incompetent person. 

15 (2) Section 3553(f) of title 18, United States 

16 Code, is amended— 

17 (A) in paragraph (4), by striking ‘‘and’’ at 

18 the end; 

19 (B) by redesignating paragraph (5) as 

20 paragraph (6); 

21 (C) by inserting after paragraph (4) the 

22 following new paragraph: 

23 ‘‘(5) no part of the offense or relevant conduct 

24 involved manufacturing, transporting, possessing, 

25 storing, using, or trafficking a controlled substance 
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1 or a chemical or material used or intended to be 

2 used in the manufacture of any controlled substance 

3 in or near the presence of a person under the age 

4 of 18 or incompetent person; or in a location in 

5 which a person under the age of 18 or incompetent 

6 person resides for any period of time; or if any of 

7 the offense or relevant conduct involved conduct con8 stituting an offense under section 416(b)(2), 417, 

9 418, 419, 420, 422, 424, 425, or 426 of the Con10 trolled Substances Act (whether or not charged); 

11 and ’’. 

12 (3) Section 3553 of title 18, United States 

13 Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(g) As used in subsection (f), the term ‘incompetent 

16 person’ means an individual who is incapable of taking 

17 care of the individual’s self or property because of mental 

18 or physical illness or disability, mental retardation, or se19 nility. ’’. 

20 SEC. 3. FAIRNESS IN SENTENCING: ASSURING TRAF21 FICKERS IN LARGE QUANTITIES OF DRUGS 

22 RECEIVE APPROPRIATE SENTENCES AND DE23 NYING DOUBLE SENTENCING BENEFITS. 

24 (a) IN GENERAL.—The Guidelines Manual promul25 gated by the Sentencing Commission pursuant to section 
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1 994(a) of title 28, United States Code, as in effect on No2 vember 1, 2004, is amended— 

3 (1) in section 2D1.1(a)(3) by striking ‘‘, ex4 cept’’ and all that follows and inserting a period 

5 after ‘‘(c)’’; 

6 (2) in the Application Notes in the Commentary 

7 to section 3B1.2 by striking Application Note 6 in 

8 its entirety; 

9 (3) in section 2D1.1(b) by striking subsection 

10 (7) in its entirety; and 

11 (4) in Application Notes in the Commentary to 

12 section 2D1.1 by striking Application Note 21 in its 

13 entirety. 

14 (b) LIMITATIONS ON COMMISSION.—On and after the 

15 date of the enactment of this Act no amendment promul16 gated by the Sentencing Commission shall alter or repeal 

17 the effect of the amendments made by this section. 

18 SEC. 4. PROTECTING PERSONS IN DRUG TREATMENT. 

19 (a) IN GENERAL.—Part D of the Controlled Sub20 stances Act is amended by adding at the end the following: 

21 ‘‘PROTECTION OF PERSONS IN DRUG TREATMENT

22 ‘‘SEC. 426. (a) Any person who violates section 

23 401(a)(1), section 406, or section 416 by distributing, pos24 sessing with intent to distribute, or manufacturing a con25 trolled substance in or on, or within 1,000 feet of, the real 

26 property comprising a drug treatment facility, or attempt-
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1 ing or conspiring to do so, shall, except to the extent a 

2 greater minimum sentence is provided, be imprisoned for 

3 not less than 5 years or more than life and if death or 

4 serious bodily injury resulted from the use of such sub5 stance shall not be less than 10 years. If any person com6 mits such a violation after a prior conviction under this 

7 subsection or after a prior conviction for any felony drug 

8 offense has become final, such person shall be sentenced 

9 to not less than 10 years and if death or serious bodily 

10 injury resulted from the use of such substance shall be 

11 sentenced to life. Penalties for third or subsequent convic12 tions shall be governed by section 401(b)(1)(A). The man13 datory minimum sentencing provisions of this paragraph 

14 shall not apply to first offenses involving 5 grams or less 

15 of marijuana. 

16 ‘‘(b) Whoever intentionally offers, solicits, entices, 

17 persuades, encourages, induces, or coerces a person en18 rolled in a drug treatment program or facility, or who is 

19 under a court order to enroll in, or who has previously 

20 been enrolled in, a drug treatment program or facility, to 

21 purchase, receive, or possess a controlled substance, or at22 tempts or conspires to do so, shall, except to the extent 

23 that a greater minimum sentence is provided for, be sen24 tenced to a term of imprisonment which may not be less 

25 than 5 years or more than life and if death or serious 
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1 bodily injury resulted from the use of such substance shall 

2 not be less than 10 years or more than life. If any person 

3 commits such a violation after a prior conviction under 

4 this subsection or after a prior conviction for any felony 

5 drug offense has become final, such person shall be sen6 tenced to not less than 10 years and if death or serious 

7 bodily injury resulted from the use of such substance shall 

8 be sentenced to life. Penalties for third or subsequent con9 victions shall be governed by section 401(b)(1)(A). 

10 ‘‘(c) As used in this section— 

11 ‘‘(1) the term ‘drug treatment facility’ in12 cludes— 

13 ‘‘(A) any location at which a practitioner is 

14 authorized to dispense narcotic drugs to individ15 uals for maintenance treatment or detoxifica16 tion treatment under section 303(g) of the Con17 trolled Substances Act (21 U.S.C. 823(g)); 

18 ‘‘(B) any location at which an individual or 

19 entity (other than a general medical care facil20 ity) provides drug abuse diagnosis, treatment or 

21 referral for treatment; and 

22 ‘‘(C) an identified unit within a general 

23 medical facility which provides drug abuse diag24 nosis, treatment, or referral for treatment; and 
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1 ‘‘(2) the term ‘drug treatment program’ in2 cludes— 

3 ‘‘(A) a practitioner or entity who dispenses 

4 narcotic drugs to individuals for maintenance 

5 treatment or detoxification treatment under sec6 tion 303(g) of the Controlled Substances Act 

7 (21 U.S.C. 823(g); 

8 ‘‘(B) an individual or entity which provides 

9 drug abuse diagnosis, treatment or referral for 

10 treatment; 

11 ‘‘(C) medical personnel or other staff in a 

12 general medical care facility whose primary 

13 function is the provision of drug abuse diag14 nosis, treatment or referral for treatment; and 

15 ‘‘(D) a practitioner or entity who is au16 thorized by the Substance Abuse and Mental 

17 Health Services Administration to dispense 

18 opioid agonist treatment medication to individ19 uals for maintenance treatment or detoxifica20 tion treatment.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 of the Comprehensive Drug Abuse Prevention and Control 

23 Act of 1970 is amended by inserting after the item relat24 ing to section 419 the following new item: 

‘‘419a. Protection of persons in drug treatment.’’. 
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1 SEC. 5. CONFORMING GUIDELINE SENTENCING TO CON2 SPIRACY LAW. 

3 Not more than 90 days after the date of the enact4 ment of this Act, the Sentencing Commission shall amend 

5 the sentencing guidelines, policy statements, and official 

6 commentary issued under section 994 of title 28, United 

7 States Code, so as to ensure that the relevant conduct 

8 under section 1B1.2 of any person who has been convicted 

9 of a felony violation of title II of the Controlled Substances 

10 Act, or a felony violation of the Controlled Substances Im11 port and Export Act, includes the conduct of members of 

12 the conspiracy in furtherance of the conspiracy before the 

13 defendant joined the conspiracy that was known to the de14 fendant before joining the conspiracy, and includes the 

15 conduct of members of the conspiracy in furtherance of 

16 the conspiracy during the defendant’s participation in the 

17 conspiracy that was known to the defendant or was rea18 sonably foreseeable (whether or not a conspiracy was 

19 charged). 

20 SEC. 6. ASSURING LIMITATION ON APPLICABILITY OF 

21 STATUTORY MINIMUMS TO PERSONS WHO 

22 HAVE DONE EVERYTHING THEY CAN TO AS23 SIST THE GOVERNMENT. 

24 Section 3553(f) of title 18, United States Code, as 

25 amended by section 2 of this Act, is further amended— 
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1 (1) by inserting ‘‘(1)’’ before ‘‘Notwith2 standing’’ ; 

3 (2) by redesignating paragraphs (1) through 

4 (6) as subparagraphs (A) through (F); 

5 (3) so that subparagraph (F), as so redesig6 nated, reads as follows: 

7 ‘‘(F) the Government certifies that the de8 fendant has entered a timely plea of guilty to 

9 the most serious readily provable offense and 

10 has otherwise done everything possible to assist 

11 substantially in the investigation and prosecu12 tion of another person as set forth in subsection 

13 (e), but was unable to so assist because the de14 fendant did not have sufficient information, or 

15 had information already known to, or not useful 

16 to the Government, but a defendant who pro17 vided the Government or the court with false, 

18 misleading, or incomplete information, other19 wise obstructed the administration of justice, or 

20 delayed affirmative efforts to assist substan21 tially beyond a time when such efforts could 

22 have reasonably been useful to the Government 

23 shall not be sentenced under this subsection.’’; 

24 (4) by striking ‘‘court shall impose a sentence 

25 pursuant to the guidelines promulgated by the 
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1 United States Sentencing Commission under section 

2 994 of title 28 without regard to any statutory min3 imum sentence’’ and inserting ‘‘court shall have the 

4 authority to impose a sentence pursuant to sub5 section (a), without regard to any statutory min6 imum sentence, provided that the sentence includes 

7 a term of imprisonment that is not below the bottom 

8 of the range described in subsection (a)(4)’’; and 

9 (5) by inserting at the end the following: 

10 ‘‘(2) The provisions of paragraph (1) are not 

11 severable and if any provision of that paragraph, or 

12 the application of such provision to any person or 

13 circumstances, is held invalid, the entirety of such 

14 paragraph shall to the same extent become utterly 

15 invalid and unenforceable and shall not be applied, 

16 and the court shall instead impose a sentence not 

17 less than that required by any applicable statutory 

18 minimum sentence prescribed for such offense.’’. 

19 SEC. 7. ASSURING SENTENCING ENHANCEMENT FOR REL20 EVANT CONDUCT. 

21 Not more than 90 days after the date of the enact22 ment of this Act, the Sentencing Commission shall amend 

23 the sentencing guidelines, policy statements, and official 

24 commentary issued under section 994 of title 28, United 

25 States Code so as to ensure— 
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1 (1) that the commentary to section 2D1.2 in2 cludes application of the section to violations of sec3 tion 401 or 406 of the Controlled Substances Act 

4 (21 U.S.C. 841 or 846); 

5 (2) that the enhancements under Guideline sec6 tion 2D1.2 and any guideline provision promulgated 

7 pursuant to any provision of this Act, are applicable 

8 without regard to whether the defendant has been 

9 convicted of a statutory violation of drug trafficking 

10 in a protected location or involving an underage or 

11 pregnant individual (including an attempt or con12 spiracy to commit such a violation) and without re13 gard to whether the defendant stipulated to such a 

14 statutory violation of such an offense; 

15 (3) that conduct constituting an offense under 

16 section 416(b)(2), 417, 418, 419, 420, 422, 424, 

17 425, or 426 of the Controlled Substances Act (with18 out regard to conviction) shall be treated as relevant 

19 conduct under section 1B1.3 for persons convicted 

20 under section 401 or 406 of that Act (21 U.S.C. 

21 841 or 846); and 

22 (4) that section 2D1.2(a)(1) provides for a 4 

23 rather than a 2 level increase; that section 

24 2D1.2(a)(2) provides for a 2, rather than 1, level in25 crease; that section 2D1.2(a)(3) provides for a level 
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1 28, rather than level 26; and that section 

2 2D1.2(a)(4) provides for a level 18, rather than level 

3 13. 

4 SEC. 8. ASSURING PROGRESSIVE ENHANCEMENTS FOR 

5 PERSONS POSSESSING OR USING FIREARMS. 

6 Not more than 90 days after the date of the enact7 ment of this Act, the Sentencing Commission shall amend 

8 the sentencing guidelines, policy statements, and official 

9 commentary issued under section 994 of title 28, United 

10 States Code, so as to ensure— 

11 (1) that the specific offender characteristics 

12 under section 2D1.1(b) provide for increases to the 

13 base offense level of— 

14 (A) 8 levels if a firearm was possessed in 

15 or near the presence of a person under the age 

16 of 18, or in a location in which a person under 

17 the age of 18 resides for any period of time; 

18 (B) 6 levels if the defendant discharged a 

19 firearm or 8 or more firearms were possessed or 

20 a firearm described in section 921(a)(23) of 

21 title 18, United States Code, was possessed, or 

22 a firearm equipped with a device described in 

23 section 921(a)(24) of title 18, United States 

24 Code, was possessed, or a device described in 
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1 section 921(a)(4) of title 18, United States 

2 Code, was possessed; 

3 (C) 4 levels if the defendant brandished or 

4 otherwise used a dangerous weapon (including a 

5 firearm) or possessed a firearm described in 

6 section 921(a), (6), (8), or (30) of title 18 

7 United States Code, or section 5845(a) of title 

8 26, United States Code or 6 or more firearms 

9 were possessed; 

10 (D) 3 levels if 2 or more firearms were 

11 possessed; and 

12 (E) 2 levels if a dangerous weapon (includ13 ing a firearm) was possessed; 

14 (2) that the specific offender characteristics 

15 under section 2D1.1 provide for an increase to the 

16 base offense level of— 

17 (A) 6 levels if the offense involved perma18 nent or life-threatening bodily injury; 

19 (B) 4 levels if the offense involved serious 

20 bodily injury; and 

21 (C) 2 levels if the offense involved bodily 

22 injury; 

23 (3) that the cumulative adjustments under 

24 paragraphs (1) and (2) shall not shall not exceed 10 

25 levels; and 
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1 (4) that the specific characteristics under sec2 tion 2D1.1 provide for an increase to the base of3 fense level of 2 levels if the defendant committed any 

4 part of the instant offense after sustaining a felony 

5 conviction for a controlled substance offense. 

6 SEC. 9. MANDATORY DETENTION OF PERSONS CONVICTED 

7 OF SERIOUS DRUG TRAFFICKING OFFENSES 

8 AND CRIMES OF VIOLENCE. 

9 Section 3145(c) of title 18 United States Code, is 

10 amended— 

11 (1) by inserting ‘‘prior to sentencing’’ after 

12 ‘‘may be ordered released’’; and 

13 (2) by striking ‘‘the judicial officer, if it is 

14 clearly shown that there are exceptional reasons why 

15 such person’s detention would not be appropriate.’’ 

16 and inserting ‘‘the judicial officer if, the Government 

17 certifies that the defendant is engaged in ongoing 

18 active cooperation with the Government in con19 templation of the defendant providing substantial as20 sistance to the Government in the investigation and 

21 prosecution of another person pursuant to section 

22 3553(e) of this title, section 994(n) of title 28, or 

23 United States Sentencing Guidelines section 5K1.1, 

24 and that defendant’s release on appropriate condi25 tions pending sentencing is essential to permit such 
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1 assistance. The judicial officer shall order the de2 fendant detained immediately upon cessation of ac3 tive cooperation, or upon being sentenced, whichever 

4 first occurs. Availability to be interviewed or to tes5 tify before a grand jury or a judicial proceeding is 

6 not grounds for release.’’. 

7 SEC. 10. PROTECTING HUMAN LIFE AND ASSURING CHILD 

8 SAFETY. 

9 (a) IN GENERAL.—Section 417 of the Controlled 

10 Substances Act (21 U.S.C. 858) is amended— 

11 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; 

12 (2) by inserting ‘‘possessing, storing, or’’ before 

13 ‘‘transporting’’; 

14 (3) by inserting ‘‘or intended to be used in the 

15 manufacture of a controlled substance,’’ before ‘‘cre16 ates’’; 

17 (4) by striking ‘‘not more than 10 years’’ and 

18 inserting ‘‘not less than 3 years nor more than life’’; 

19 and 

20 (5) by inserting at the end the following: 

21 ‘‘(b)(1) Whoever violates subsection (a) by creating 

22 a substantial risk of harm to a person under the age of 

23 18 or incompetent person, shall be fined in accordance 

24 with title 18, United States Code, or imprisoned not less 

25 than 5 years, nor more than life, or both. 
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1 ‘‘(2) As used in this section, the term ‘incompetent 

2 person’ means an individual who is incapable of taking 

3 care of the individual’s self or property because of mental 

4 or physical illness or disability, mental retardation, or se5 nility. ’’. 

6 (b) SENTENCING GUIDELINES.—Not more than 90 

7 days after the date of the enactment of this Act, the Sen8 tencing Commission shall amend the sentencing guide9 lines, policy statements, and official commentary issued 

10 under section 994 of title 28, United States Code, so as 

11 to ensure that section 2D1.1(b)(6)(B) and (C) apply if 

12 the offense involved the manufacture of any controlled 

13 substance. 

14 SEC. 11. LIFE IMPRISONMENT WITHOUT RELEASE FOR 

15 DRUG FELONS AND VIOLENT CRIMINALS 

16 CONVICTED A THIRD TIME. 

17 Section 401(b) of the Controlled Substances Act (21 

18 U.S.C. 841(b)) is amended— 

19 (1) by striking ‘‘or 420’’; 

20 (2) by inserting ‘‘420, 424, 425, or 426’’ after 

21 ‘‘419,’’; and 

22 (3) by striking ‘‘If any person commits a viola23 tion of this subparagraph or of section 418, 419, or 

24 420 after two or more prior convictions for a felony 

25 drug offense have become final, such person shall be 
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1 sentenced to a mandatory term of life imprisonment 

2 without release and fined in accordance with the 

3 preceding sentence.’’ and inserting ‘‘If any person 

4 commits a violation of this subparagraph or of sec5 tion 409, 416, 417, 418, 419, 420, 422, 424, 425, 

6 or 426 or a crime of violence after 2 or more prior 

7 convictions for a felony drug offense or crime of vio8 lence or for any combination thereof have become 

9 final, such person shall be sentenced to not less than 

10 a mandatory term of life imprisonment without re11 lease and fined in accordance with the preceding 

12 sentence. For purposes of this subparagraph, the 

13 term ‘crime of violence’ means an offense that is a 

14 felony punishable by a maximum term of imprison15 ment of 10 years or more and has as an element the 

16 use, attempted use, or threatened use of physical 

17 force against the person or property of another, or 

18 by its nature involves a substantial risk that physical 

19 force against the person or property of another may 

20 be used in the course of committing the offense.’’. 

21 SEC. 12. SENTENCING PROTECTIONS. 

22 (a) GENERALLY.—Section 3553 of title 18 United 

23 States Code, is amended— 
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1 (1) in subsection (a)(1) by inserting ‘‘, except 

2 as otherwise provided in subsection (g),’’ before ‘‘the 

3 history’’; 

4 (2) in subsection (a)(2)— 

5 (A) by inserting ‘‘and’’ at the end of sub6 paragraph (B); 

7 (B) by striking ‘‘and’’ at the end of sub8 paragraph (C); and 

9 (C) by striking subparagraph (D); 

10 (3) by adding at the end the following: 

11 ‘‘(g) LIMITATIONS ON CONSIDERATION OF FAC12 TORS.—(1) In imposing a sentence, the court shall not 

13 consider a defendant’s race, sex, national origin, creed, re14 ligion, or socioeconomic status. 

15 ‘‘(2) The court may consider the following factors 

16 only as may be required in calculating the range referred 

17 to in subsection (a)(4) or with respect to the imposition 

18 of a sentence at or above the bottom of that range, and 

19 shall not otherwise consider them in imposing a sentence: 

20 ‘‘Defendant’s criminal history. 

21 ‘‘The absence of a criminal record. 

22 ‘‘Family ties and responsibilities. 

23 ‘‘Vocational skills. 

24 ‘‘Mental and emotional condition. 
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1 ‘‘Drug or alcohol dependence or 

2 abuse. 

3 ‘‘Employment record. 

4 ‘‘Charitable contributions or civic, 

5 military, or public service, or good works. 

6 ‘‘Employment-related contributions. 

7 ‘‘Record of prior good works. 

8 ‘‘The need to provide the defendant 

9 with educational or vocational training, 

10 medical care, or other correctional treat11 ment in the most effective manner. 

12 ‘‘Role in the offense. 

13 ‘‘A sentence or likely sentence which a 

14 defendant would receive if convicted of the 

15 same or similar offense under the law of 

16 any State. 

17 ‘‘Reports or recommendations of the 

18 Sentencing Commission to Congress. 

19 ‘‘Post-offense or post-sentencing reha20 bilitation. 

21 ‘‘Acceptance of responsibility. 

22 ‘‘Extreme remorse. 

23 ‘‘Voluntary cessation of criminal con24 duct before discovery. 
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1 ‘‘Effect of defendant’s incarceration 

2 on others. 

3 ‘‘Collateral consequences of defend4 ant’s arrest, conviction, or incarceration, 

5 including criminal or civil forfeiture, judg6 ment in a civil action, loss of a professional 

7 or business license, loss of public office, de8 portation upon release, or agreement to be 

9 deported. 

10 ‘‘Aberrant behavior. 

11 ‘‘Having made restitution. 

12 ‘‘Ability to make restitution or facili13 tation of ability to make restitution. 

14 ‘‘Likelihood of recidivism. 

15 ‘‘Compliance with conditions of pre16 trial or presentencing release. 

17 ‘‘Age, other than in the case of a de18 fendant who is elderly and infirm. 

19 ‘‘That the defendant plead guilty or 

20 entered into a plea agreement. 

21 ‘‘Lack of guidance as a youth. 

22 ‘‘Disadvantaged or abusive upbring23 ing. 

24 ‘‘Gambling addiction. 
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1 ‘‘The absence of an aggravating factor 

2 including those set forth in the sentencing 

3 guidelines and policy statements issued 

4 under section 994(a) of title 28, United 

5 States Code. 

6 ‘‘Personal or business financial dif7 ficulties and economic pressures. 

8 ‘‘The court’s personal opinion con9 cerning the guidelines or the guideline 

10 range. 

11 ‘‘Delay in prosecution. 

12 ‘‘That the defendant entered a plea 

13 agreement believing that his ultimate sen14 tence would be lower than that required by 

15 the guidelines or by statute. 

16 ‘‘Any other factor as determined by 

17 the sentencing commission and identified 

18 in the sentencing guidelines and policy 

19 statements issued under section 994(a) of 

20 title 28, United States Code. 

21 ‘‘(3) Unless the Government makes a motion, asking 

22 for a sentence below the range referred to in subsection 

23 (a)(4), and stating that the defendant has provided sub24 stantial assistance in the investigation or prosecution of 

25 another person who has committed an offense, the court 
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1 shall not, based on a consideration of the defendant’s co2 operation with or assistance to the Government or on the 

3 extent of that cooperation and assistance, impose a sen4 tence below the range referred to in subsection (a)(4). If 

5 the Government makes such a motion, the court may, 

6 based on a consideration of the facts relating to that as7 sistance, impose a sentence below the range referred to 

8 in subsection (a)(4). 

9 ‘‘(h)(1) Other than a sentence imposed as a result 

10 of a motion of the Government stating that the defendant 

11 has provided substantial assistance in the investigation or 

12 prosecution of another person who has committed an of13 fense or as a result of, and pursuant to, an early disposi14 tion program established by the Attorney General pursu15 ant to section 401(m)(2)(B) of the PROTECT Act (Public 

16 Law 108–21), the court may impose a sentence below the 

17 range referred to in subsection (a)(4) only after— 

18 ‘‘(A) providing the parties with 20 days written 

19 notice of its intention to impose a particular sen20 tence below the range referred to in subsection 

21 (a)(4) and setting forth the particular proposed sen22 tence, the specific factors which support such a sen23 tence, how such a sentence is reasonable and how 

24 such a sentence avoids unwarranted sentence dis25 parities among Federal defendants with similar 
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1 records who have been found guilty of similar con2 duct; and 

3 ‘‘(B) permitting the parties to submit briefs in 

4 support or opposition to such intended sentence and 

5 conducting a full evidentiary hearing to consider 

6 both the reasonableness of the particular intended 

7 sentence and the unwarranted disparity resulting 

8 from the particular sentence. 

9 ‘‘(2) Information, including sentencing information 

10 from the Sentencing Commission, with respect to within11 the-range sentencing numbers and cases for similarly situ12 ated defendants shall be fully admissible. Information re13 garding a sentence or likely sentence which a defendant 

14 would receive if convicted of the same or similar offense 

15 under the law of any State, sentences imposed on other 

16 defendants as result of a motion of the government asking 

17 for a sentence below the range referred to in subsection 

18 (a)(4) and stating that the defendant has provided sub19 stantial assistance in the investigation or prosecution of 

20 another person who has committed an offense, or as a re21 sult of, and pursuant to, an early disposition program es22 tablished by the Attorney General pursuant to section 

23 401(m)(2)(B) of the PROTECT Act (Public Law 108– 

24 21) shall not be admissible and shall not form a basis to 
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1 support a sentence below the range referred to in sub2 section (a)(4). 

3 ‘‘(3) Factors supporting a sentence below the range 

4 referred to in subsection (a)(4) shall be supported and 

5 shown by clear and convincing evidence.’’; and 

6 (4) in subsection (c)— 

7 (A) in paragraph (2)— 

8 (i) by striking ‘‘which reasons must 

9 also’’ and inserting ‘‘, and if the sentence 

10 is below the range described in subsection 

11 (a) (4), other than as a result of a motion 

12 by the government asking for a sentence 

13 below the range and stating that the de14 fendant has provided substantial assistance 

15 in the investigation or prosecution of an16 other person who has committed an of17 fense, or as a result of, and pursuant to, 

18 an early disposition program established by 

19 the Attorney General pursuant to section 

20 401(m)(2)(B) of the PROTECT Act (Pub21 lic Law 108–21) the court shall also pro22 vide a justification of the reasonableness of 

23 the sentence, and a detailed explanation as 

24 to how the sentence avoids unwarranted 

25 sentencing disparities among Federal de-
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1 fendants with similar records who have 

2 been found guilty of similar conduct, each 

3 of which must be supported and shown by 

4 clear and convincing evidence and’’; and 

5 (ii) by striking ‘‘except to the extent’’ 

6 and all that follows through ‘‘such state7 ments’’; and 

8 (B) by striking the comma which imme9 diately follows another comma. 

10 (b) ASSURING JUDICIAL ADMINISTRATIVE RESPON11 SIBILITIES ARE PERFORMED BY THE JUDICIAL

12 BRANCH.—Section 994(w)(1) of title 28, United States 

13 Code, is amended— 

14 (1) by inserting ‘‘(other than a case involving a 

15 sentence imposed for a petty offense, as defined in 

16 section 19 of title 18, for which there is no applica17 ble sentencing guideline)’’ after ‘‘every criminal 

18 case’’; and 

19 (2) by adding at the end the following: ‘‘The 

20 duties and responsibilities set forth herein, or any 

21 portion thereof, shall not be delegated to the execu22 tive branch.’’. 

23 (c) CONFORMING AMENDMENTS.—(1) Section 3661 

24 of title 18, United States Code, is amended by striking 
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1 ‘‘No’’ and inserting ‘‘Except as provided in section 

2 3553(g) or (h), no’’. 

3 (2) Section 410 of the Controlled Substances Act (21 

4 U.S.C. 850), is amended by striking ‘‘section 303(a) of 

5 the Public Health Service Act’’ and by inserting ‘‘in sec6 tion 3553(g) of title 18, United States Code’’. 

Æ