I 

108TH CONGRESS 

2D SESSION H. R. 4547

To amend the Controlled Substances Act to protect vulnerable persons from 

drug trafficking, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2004

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 2004’’. 
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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 striking ‘‘not less than one year.’’ and 

15 inserting ‘‘not less than 5 years. Except to the ex16 tent a greater minimum sentence is otherwise pro17 vided by section 401(b), a term of imprisonment 

18 under this subsection in a case involving distribution 

19 to a person under 18 years of age by a person 21 

20 or more years of age shall be not less than 10 years. 

21 Notwithstanding any other provision of law, the 

22 court shall not place on probation or suspend the 

23 sentence of any person sentenced under the pre24 ceding sentence.’’. 

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), a term of imprisonment 

17 under this subsection in a case involving distribution 

18 to person under 18 years of age by a person 21 or 

19 more years of age shall be a mandatory term of life 

20 imprisonment. Notwithstanding any other provision 

21 of law, the court shall not place on probation or sus22 pend the sentence of any person sentenced under the 

23 preceding sentence.’’. 

24 (c) DISTRIBUTION OR MANUFACTURE NEAR

25 SCHOOLS OR COLLEGES; FIRST OFFENSE.—Section 
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1 419(a) of the Controlled Substances Act (21 U.S.C. 

2 860(a)) is amended—

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

4 ‘‘, section 406, or section 416’’; 

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

6 to do so,’’ after ‘‘manufacturing a controlled sub7 stance’’; 

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

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

10 or private daycare facility’’ after ‘‘video arcade facil11 ity’’

12 (5) by striking ‘‘not less than one year’’ and in13 serting ‘‘not less than 5 years’’. 

14 (d) DISTRIBUTION OR MANUFACTURE NEAR

15 SCHOOLS OR COLLEGES; SECOND OR SUBSEQUENT OF16 FENSE.—Section 419(b) of the Controlled Substances Act 

17 (21 U.S.C. 860(b)) is amended—

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

19 ‘‘, section 406, or section 416’’; 

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

21 to do so,’’ after ‘‘manufacturing a controlled sub22 stance’’; 

23 (3) by striking ‘‘within 100 feet of’’; 
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1 (4) by inserting ‘‘, or public library, or public 

2 or private daycare facility’’ after ‘‘video arcade facil3 ity’’

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

5 after ‘‘subsection (a) of this section’’; and 

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

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

8 years’’. 

9 (e) EMPLOYING CHILDREN IN DISTRIBUTION NEAR

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

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

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

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

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

15 minimum sentence is otherwise provided for by sec16 tion 401(b), a person shall be sentenced under this 

17 subsection to a term of imprisonment of not less 

18 than 10 years’’ after ‘‘triple those authorized by sec19 tion 401.’’; 

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

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

22 ‘‘, or attempts or conspires to do so’’ after ‘‘to vio23 late this section’’; 
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1 (4) by striking ‘‘(2)’’ and inserting ‘‘(B)’’and in 

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

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

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

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

6 ‘‘(2) SECOND OR SUBSEQUENT OFFENSES.—Para7 graph (1) shall be applied to an offense after a single prior 

8 conviction under that paragraph or for a felony drug of9 fense has become final by substituting ‘not less than 15 

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

11 subsequent convictions are governed by section 

12 401(b)(1)(A).’’. 

13 (f) EMPLOYMENT OR USE OF PERSONS UNDER 18 

14 YEARS OLD; FIRST OFFENSE.—Section 420(a)(1) of the 

15 Controlled Substances Act (21 U.S.C. 861(a)(1)) is 

16 amended by inserting ‘‘, or attempts or conspires to do 

17 so’’ after ‘‘chapter’’. 

18 (g) EMPLOYMENT OR USE OF PERSONS UNDER 18 

19 YEARS OLD; FIRST OFFENSE.—Section 420(a)(2) of the 

20 Controlled Substances Act (21 U.S.C. 861(a)(2)) is 

21 amended by inserting ‘‘, or attempts or conspires to do 

22 so’’ after ‘‘official’’. 

23 (h) EMPLOYMENT OR USE OF PERSONS UNDER 18 

24 YEARS OLD; FIRST OFFENSE.—Section 420(a)(3) of the 

25 Controlled Substances Act (21 U.S.C. 861(a)(3)) is 
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1 amended by inserting ‘‘, or attempts or conspires to do 

2 so’’ after ‘‘chapter’’. 

3 (i) EMPLOYMENT OR USE OF PERSONS UNDER 18 

4 YEARS OLD; FIRST OFFENSE.—Section 420(b) of the 

5 Controlled Substances Act (21 U.S.C. 861(b)) is amended 

6 by striking ‘‘not less than one year.’’ and inserting ‘‘not 

7 less than 5 years. Except to the extent a greater minimum 

8 sentence is otherwise provided by section 401(b), a term 

9 of imprisonment of a person 21 or more years of age con10 victed under this subsection shall not be less than 10 

11 years. Notwithstanding any other provision of law, the 

12 court shall not place on probation or suspend the sentence 

13 of any person sentenced under the preceding sentence.’’. 

14 (j) EMPLOYMENT OR USE OF PERSONS UNDER 18 

15 YEARS OLD; SECOND OR SUBSEQUENT OFFENSE.—Sec16 tion 420(c) of the Controlled Substances Act (21 U.S.C. 

17 861(c)) is amended—

18 (1) by inserting ‘‘for a felony drug offense’’ 

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

20 section’’; and 

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

22 inserting ‘‘not less than 10 years. Except to the ex23 tent a greater minimum sentence is otherwise pro24 vided by section 401(b), a term of imprisonment of 

25 a person 21 years or more of age convicted under 
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1 this subsection shall be a mandatory term of life im2 prisonment. Notwithstanding any other provision of 

3 law, the court shall not place on probation or sus4 pend the sentence of any person sentenced under the 

5 preceding sentence.’’. 

6 (k) PROVIDING OR DISTRIBUTING A CONTROLLED

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

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

9 amended by striking ‘‘subject to a term of imprisonment 

10 for not more than 5 years’’ and inserting ‘‘sentenced to 

11 a term of imprisonment of not less than 5 years’’. 

12 (l) SENTENCING GUIDELINES.—

13 (1) Not more than 90 days after the date of the 

14 enactment of this Act, the Sentencing Commission 

15 shall amend the sentencing guidelines, policy state16 ments, and official commentary issued under section 

17 994 of title 28, United States Code, so as to ensure 

18 that the sentence of any person who has been con19 victed of a felony violation of title II of the Con20 trolled Substances Act, or a felony violation of the 

21 Controlled Substances Import and Export Act, is 

22 calculated in accordance with the following require23 ments if any part of the offense or relevant conduct 

24 involved manufacturing, transporting, possessing, 

25 storing, using, or trafficking in a controlled sub-
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1 stance or a chemical or material used or intended to 

2 be used in the manufacture of any controlled sub3 stance in or near the presence of a person under the 

4 age of 18, or in a location in which a person under 

5 the age of 18 resides for any period of time, or if 

6 any of the offense or relevant conduct involved con7 duct constituting an offense under section 417(b), 

8 418, 419, 419a, or 420 of the Controlled Substances 

9 Act (whether or not charged): 

10 (A) Section 5C1.2 of the guidelines shall 

11 not apply. 

12 (B) Increase the base offense level by 2 

13 levels. 

14 (C) If the defendant was the parent or 

15 guardian or person otherwise responsible for the 

16 care or supervision of the person under the age 

17 of 18 increase the base offense level by 4 levels. 

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

19 Code, is amended—

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

21 the end; 

22 (B) by redesignating paragraph (5) as 

23 paragraph (6); and 

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

25 following new paragraph: 
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1 ‘‘(5) no part of the offense or relevant conduct 

2 involved manufacturing, transporting, possessing, 

3 storing, using, or trafficking a controlled substance 

4 or a chemical or material used or intended to be 

5 used in the manufacture of any controlled substance 

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

7 of 18; or in a location in which a person under the 

8 age of 18 resides for any period of time; or if any 

9 of the offense or relevant conduct involved conduct 

10 constituting an offense under section 417(b), 418, 

11 419, 419a or 420 of the Controlled Substances Act 

12 (whether or not charged); and’’. 

13 SEC. 3. FAIRNESS IN SENTENCING: ASSURING TRAF14 FICKERS IN LARGE QUANTITIES OF DRUGS 

15 RECEIVE APPROPRIATE SENTENCES AND DE16 NYING DOUBLE SENTENCING BENEFITS. 

17 (a) IN GENERAL.—The Guidelines Manual promul18 gated by the Sentencing Commission pursuant to section 

19 994(a) of title 28, United States Code, as in effect on May 

20 1, 2004, is amended—

21 (1) in section 2D1.1(a)(3) by striking ‘‘, except 

22 that if the defendant receives an adjustment under 

23 section 3B1.2 (Mitigating Role), the base offense 

24 level under this subsection shall not be more than 

25 level 30.’’ and inserting ‘‘below.’’; 
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1 (2) in the Application Notes in the Commentary 

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

3 its entirety; 

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

5 (6) in its entirety; and 

6 (4) in Application Notes in the Commentary to 

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

8 entirety. 

9 (b) LIMITATIONS ON COMMISSION.—

10 (1) FUTURE AMENDMENTS.—On and after the 

11 date of the enactment of this Act no amendment 

12 promulgated by the Sentencing Commission shall 

13 alter or repeal the effect of the amendments made 

14 by this section. 

15 (2) AMENDMENTS AS OF ENACTMENT.—Upon 

16 the enactment of this Act, any amendment to the 

17 Guidelines Manual promulgated by the Sentencing 

18 Commission before such enactment shall have no 

19 further force or effect to the extent that amend20 ment—

21 (A) is to section 2D1.11 or to a provision 

22 of the Guidelines Manual that is amended by 

23 subsection (a); and 

24 (B) takes effect after May 1, 2004 but be25 fore the date of the enactment of this Act. 
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1 SEC. 4. PROTECTING PERSONS IN DRUG TREATMENT. 

2 (a) IN GENERAL.—The Controlled Substances Act is 

3 amended by inserting after section 419 (21 U.S.C. 860)-

4 -- the following: 

5 ‘‘PROTECTION OF PERSONS IN DRUG TREATMENT

6 ‘‘SEC. 419a. (a) Any person who violates section 

7 401(a)(1), section 406, or section 416 by distributing, pos8 sessing with intent to distribute, or manufacturing a con9 trolled substance in or on, or within 1,000 feet of, the real 

10 property comprising a drug treatment facility, or attempt11 ing or conspiring to do so, shall, except to the extent a 

12 greater minimum sentence is provided, be imprisoned for 

13 not less than 5 nor more than life. 

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

15 persuades, encourages, induces, or coerces a person en16 rolled in a drug treatment program or facility, who is 

17 under a court order to do so, or who has previously been 

18 enrolled in a drug treatment program or facility, to pur19 chase, receive, or possess a controlled substance, attempts 

20 or conspires to do so, except to the extent that a greater 

21 minimum sentence is provided for, shall be sentenced to 

22 a term of imprisonment which may not be less than 5 

23 years or more than life and if death or serious bodily in24 jury resulted from the use of such substance shall not be 

25 less than 10 or more than life, a fine not to exceed the 

26 greater of that authorized in accordance with the provi-
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1 sions of title 18, or $4,000,000 if the defendant is an indi2 vidual or $10,000,000 if the defendant is other than an 

3 individual, or both. If any person commits such a violation 

4 after a prior conviction under this subsection or after a 

5 prior conviction for any felony drug offense has become 

6 final, such person shall be sentenced to not less than 10 

7 years and if death or serious bodily injury resulted from 

8 the use of such substance shall be sentenced to life. Pen9 alties for third or subsequent convictions shall be governed 

10 by section 841(a)(1)(A) of this title. 

11 ‘‘(c) As used in this section—

12 ‘‘(1) the term ‘drug treatment facility’ in13 cludes—

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

15 authorized to dispense narcotic drugs to individ16 uals for maintenance treatment or detoxifica17 tion treatment under section 303(g) of the Con18 trolled Substances Act (21 U.S.C. 823(g)); 

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

20 entity (other than a general medical care facil21 ity) provides drug abuse diagnosis, treatment or 

22 referral for treatment; and 

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

24 medical facility which provides drug abuse diag25 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 29, 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 before the defendant joined the conspiracy 

13 that was known to the defendant before joining the con14 spiracy, and includes the conduct of members of the con15 spiracy during the defendant’s participation in the con16 spiracy that was known to the defendant or was reason17 ably forseeable (whether or not a conspiracy was charged). 

18 SEC. 6. ASSURING LIMITATION ON APPLICABILITY OF 

19 STATUTORY MINIMUMS TO PERSONS WHO 

20 HAVE DONE EVERYTHING THEY CAN TO AS21 SIST THE GOVERNMENT. 

22 Section 3553(f) of title 18, United States Code, is 

23 amended—

24 (1) so that paragraph (6), as so redesignated by 

25 section 2 of this Act, reads as follows: 
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1 ‘‘(6) the Government certifies that the defend2 ant has entered a timely plea of guilty to the most 

3 serious readily provable offense and has otherwise 

4 done everything possible to assist substantially in 

5 the investigation and prosecution of another person 

6 as set forth in subsection (e), but was unable to so 

7 assist because the defendant did not have sufficient 

8 information, or had information already known to, 

9 or not useful to the Government, but a defendant 

10 who at any time provided the Government or the 

11 court with false, misleading, or incomplete informa12 tion, otherwise obstructed the administration of jus13 tice, or delayed affirmative efforts to assist substan14 tially beyond a time when such efforts could have 

15 reasonably been useful to the Government shall not 

16 be sentenced under this subsection.’’; and 

17 (2) by striking ‘‘court shall impose a sentence’’ 

18 and inserting ‘‘court shall be authorized to impose a 

19 sentence’’. 

20 SEC. 7. ASSURING SENTENCING ENHANCEMENT FOR REL21 EVANT CONDUCT. 

22 Not more than 90 days after the date of the enact23 ment of this act, the Sentencing Commission shall amend 

24 the sentencing guidelines, policy statements, and official 
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1 commentary issued under section 994 of title 29, United 

2 States Code so as to ensure—

3 (1) that the commentary to section 2D1.2 in4 cludes application of the section to violations of sec5 tion 401 or 406 of the Controlled Substances Act 

6 (21 U.S.C. 841 or 846); 

7 (2) that the enhancements under Guideline sec8 tion 2D1.2 and any guideline provision promulgated 

9 pursuant to any provision of this Act, are applicable 

10 without regard to whether the defendant has been 

11 convicted of a statutory violation of drug trafficking 

12 in a protected location or involving an underage or 

13 pregnant individual (including an attempt or con14 spiracy to commit such a violation) and without re15 gard to whether the defendant stipulated to such a 

16 statutory violation of such an offense; 

17 (3) that conduct constituting an offense under 

18 section 409, 417, 418, 419, 419a or 420 of the Con19 trolled Substances Act (21 U.S.C. 849, 858, 859, 

20 860, 860a, or 861) (without regard to conviction) 

21 shall be treated as relevant conduct under section 

22 1B1.3 for persons convicted under section 401 or 

23 406 of that Act (21 U.S.C. 841 or 846); and 

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

25 rather than a 2 level increase; that section 
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1 2D1.2(a)(2) provides for a 2, rather than 1, level in2 crease; that section 2D1.2(a)(3) provides for a level 

3 28, rather than level 26; and that section 

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

5 13. 

6 SEC. 8. ASSURING PROGRESSIVE ENHANCEMENTS FOR 

7 PERSONS POSSESSING OR USING FIREARMS. 

8 Not more than 90 days after the date of the enact9 ment of this Act, the Sentencing Commission shall amend 

10 the sentencing guidelines, policy statements, and official 

11 commentary issued under section 994 of title 29, United 

12 States Code, so as to ensure—

13 (1) that the specific offender characteristics 

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

15 base offense level of—

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

17 or near the presence of a person under the age 

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

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

20 (B) 6 levels if the defendant discharged a 

21 firearm or 8 or more firearms were possessed or 

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

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

24 a firearm equipped with a device described in 

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

2 section 921(a)(4) of title 18, United States 

3 Code, was possessed; 

4 (C) 4 levels if the defendant brandished or 

5 otherwise used a dangerous weapon (including a 

6 firearm) or possessed a firearm described in 

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

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

9 26, United States Code or 6 or more firearms 

10 were possessed; 

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

12 possessed; and 

13 (E) 2 levels if a dangerous weapon (includ14 ing a firearm) was possessed; 

15 (2) that the specific offender characteristics 

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

17 base offense level of— 

18 (A) 6 levels if the offense involved perma19 nent or life-threatening bodily injury; 

20 (B) 4 levels if the offense involved serious 

21 bodily injury; and 

22 (C) 2 levels if the offense involved bodily 

23 injury; 
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1 (3) that the cumulative adjustments under 

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

3 levels; and 

4 (4) that the specific characteristics under sec5 tion 2D1.1 provide for an increase to the base of6 fense level of 2 levels if the defendant committed any 

7 part of the instant offense after sustaining a felony 

8 conviction for a controlled substance offense. 

9 SEC. 9. ASSURING JUDICIAL AUTHORITY CONSISTENT 

10 WITH LAW IN SENTENCINGS. 

11 Rule 11(c)(3) of the Federal Rules of Criminal Proce12 dure is amended by striking subparagraphs (A) through 

13 (B) and inserting the following: 

14 ‘‘(A) To the extent the plea agreement is 

15 of the type specified in Rule 11(c)(1)(A), the 

16 court may accept the agreement, reject it, or 

17 defer a decision until the court has reviewed the 

18 presentence report. The court may accept the 

19 agreement, whether before or after review of 

20 the presentence report, only if the court deter21 mines, for reasons stated on the record with 

22 specificity, that the charge or charges to which 

23 the defendant is pleading adequately reflect the 

24 seriousness of the actual offense behavior and 

25 that accepting the agreement is consistent with 
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1 the statutory purposes of sentencing and the 

2 sentencing guidelines and will permit a sentence 

3 within the applicable guideline range, or that 

4 the Attorney General has certified that the plea 

5 agreement is in the national security interest of 

6 the United States. 

7 ‘‘(B) To the extent the plea agreement is 

8 of the type specified in Rule 11(c)(1)(B), the 

9 court must advise the defendant that the de10 fendant has no right to withdraw the plea if the 

11 court does not follow the recommendation or re12 quest. The court may only follow the rec13 ommendation or request if the recommended or 

14 requested sentence is within the applicable 

15 guideline range or departs from the applicable 

16 guideline range for lawful and justifiable rea17 sons, or that the Attorney General has certified 

18 that the recommended or requested sentence is 

19 in the national security interest of the United 

20 States. 

21 ‘‘(C) To the extent the plea agreement is 

22 of the type specified in Rule 11(c)(1)(C), the 

23 court may reject the agreement or defer a deci24 sion until the court has reviewed the 

25 presentence report. The court may only accept 
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1 the agreed sentence, and must so advise the de2 fendant, if the agreed sentence is within the ap3 plicable guideline range or departs from the ap4 plicable guideline range for lawful and justifi5 able reasons, or that the Attorney General has 

6 certified that the agreed sentence is in the na7 tional security interest of the United States.’’. 

8 SEC. 10. MANDATORY DETENTION OF PERSONS CONVICTED 

9 OF SERIOUS DRUG TRAFFICKING OFFENSES 

10 AND CRIMES OF VIOLENCE. 

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

12 amended—

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

14 ‘‘may be ordered released’’; and 

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

16 clearly shown that there are exceptional reasons why 

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

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

19 certifies that the defendant is engaged in ongoing 

20 active cooperation with the Government in con21 templation of the defendant providing substantial as22 sistance to the Government in the investigation and 

23 prosecution of another person pursuant to section 

24 3553(e) of this title, section 994(n) of title 28, or 

25 United States Sentencing Guidelines section 5K1.1, 
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1 and that defendant’s release on appropriate condi2 tions pending sentencing is essential to permit such 

3 assistance. The judicial officer shall order the de4 fendant detained immediately upon cessation of ac5 tive cooperation, or upon being sentenced, whichever 

6 first occurs. Availability to be interviewed or to tes7 tify before a grand jury or a judicial proceeding is 

8 not grounds for release.’’. 

9 SEC. 11. PROTECTING HUMAN LIFE AND ASSURING CHILD 

10 SAFETY. 

11 Section 417 of the Controlled Substances Act (21 

12 U.S.C. 858) is amended—

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

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

15 ‘‘transporting’’; 

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

17 manufacture of a controlled substance,’’; 

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

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

20 and 

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

22 ‘‘(b) Whoever violates subsection (a) by creating a 

23 substantial risk of harm to a person under the age of 18, 

24 shall be fined in accordance with title 18, United States 
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1 Code, or imprisoned not less than 5 years, nor more than 

2 life, or both.’’. 

3 SEC. 12. LIFE IMPRISONMENT WITHOUT RELEASE FOR 

4 DRUG FELONS AND VIOLENT CRIMINALS 

5 CONVICTED A THIRD TIME. 

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

7 U.S.C. 841(b)) is amended—

8 (1) by inserting ‘‘860a,’’ after ‘‘Except as pro9 vided in section 859, 860,’’; and 

10 (2) by striking ‘‘If any person commits a viola11 tion of this subparagraph or of section 418, 419, or 

12 420 after two or more prior convictions for a felony 

13 dug offense have become final, such person shall be 

14 sentenced to a mandatory term of life imprisonment 

15 without release and fined in accordance with the 

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

17 commits a violation of this subparagraph or of sec18 tion 418, 419, 419a, or 420 (21 U.S.C. 859, 860, 

19 860a, or 861) or a crime of violence after 2 or more 

20 prior convictions for a felony drug offense or crime 

21 of violence or for any combination thereof have be22 come final, such person shall be sentenced to not 

23 less than a mandatory term of life imprisonment 

24 without release and fined in accordance with the 

25 preceding sentence. For purposes of this subpara-
25

•HR 4547 IH 

1 graph, the term ‘crime of violence’ means an offense 

2 that is a felony punishable by a maximum term of 

3 imprisonment of 10 years or more and has as an ele4 ment the use, attempted use, or threatened use of 

5 physical force against the person or property of an6 other, or by its nature involves a substantial risk 

7 that physical force against the person or property of 

8 another may be used in the course of committing the 

9 offense.’’.

Æ