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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To amend the Controlled Substances Act to protect vulner-
able persons from drug trafficking, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defending America’s 
Most Vulnerable: Safe Access to Drug Treatment and 
Child Protection Act of 2004’’.
SEC. 
2. 
PROTECTING 
CHILDREN 
FROM 
DRUG 
TRAF-
FICKERS. 
(a) DISTRIBUTION TO PERSONS UNDER 21 YEARS 
OF AGE; FIRST OFFENSE.—Section 418(a) of the Con-
trolled Substances Act (21 U.S.C. 859(a)) is amended—
(1) by inserting ‘‘or section 406’’ after 
‘‘401(a)(1)’’; 
(2) by inserting ‘‘, or attempting or conspiring 
to do so,’’ after ‘‘twenty-one years of age’’; 
(3) by striking ‘‘involving the same controlled 
substance and schedule’’ and inserting ‘‘without re-
gard to the type of controlled substance and sched-
ule’’; and 
(4) by striking ‘‘not less than one year.’’ and 
inserting ‘‘not less than 5 years. Except to the ex-
tent a greater minimum sentence is otherwise pro-
vided by section 401(b), a term of imprisonment 
under this subsection in a case involving distribution 
to a person under 18 years of age by a person 21 
or more years of age shall be not less than 10 years. 
Notwithstanding any other provision of law, the 
court shall not place on probation or suspend the 
sentence of any person sentenced under the pre-
ceding sentence.’’. 
(b) DISTRIBUTION TO PERSONS UNDER 21 YEARS 
OF AGE; SECOND OR SUBSEQUENT OFFENSE.—Section
418(b) of the Controlled Substances Act (21 U.S.C. 
859(b)) is amended—
(1) by inserting ‘‘or section 406’’ after 
‘‘401(a)(1)’’; 
(2) by inserting ‘‘, or attempting or conspiring 
to do so,’’ after ‘‘twenty-one years of age’’; 
(3) by striking ‘‘involving the same controlled 
substance and schedule’’ and inserting ‘‘without re-
gard to the type of controlled substance and sched-
ule’’; 
(4) by inserting ‘‘or for a felony drug offense’’ 
after ‘‘May 1, 1971’’; and 
(5) by striking ‘‘not less than one year.’’ and 
inserting ‘‘not less than 10 years. Except to the ex-
tent a greater minimum sentence is otherwise pro-
vided by section 401(b), a term of imprisonment 
under this subsection in a case involving distribution 
to person under 18 years of age by a person 21 or 
more years of age shall be a mandatory term of life 
imprisonment. Notwithstanding any other provision 
of law, the court shall not place on probation or sus-
pend the sentence of any person sentenced under the 
preceding sentence.’’. 
(c) 
DISTRIBUTION
OR
MANUFACTURE
NEAR 
SCHOOLS
OR
COLLEGES; FIRST
OFFENSE.—Section
419(a) of the Controlled Substances Act (21 U.S.C. 
860(a)) is amended—
(1) by striking ‘‘or section 416’’ and inserting 
‘‘, section 406, or section 416’’; 
(2) by inserting ‘‘, or attempting or conspiring 
to do so,’’ after ‘‘manufacturing a controlled sub-
stance’’; 
(3) by striking ‘‘within 100 feet of’’; 
(4) by inserting ‘‘, or public library, or public 
or private daycare facility’’ after ‘‘video arcade facil-
ity’’
(5) by striking ‘‘not less than one year’’ and in-
serting ‘‘not less than 5 years’’. 
(d) 
DISTRIBUTION
OR
MANUFACTURE
NEAR 
SCHOOLS OR COLLEGES; SECOND OR SUBSEQUENT OF-
FENSE.—Section 419(b) of the Controlled Substances Act 
(21 U.S.C. 860(b)) is amended—
(1) by striking ‘‘or section 416’’ and inserting 
‘‘, section 406, or section 416’’; 
(2) by inserting ‘‘, or attempting or conspiring 
to do so,’’ after ‘‘manufacturing a controlled sub-
stance’’; 
(3) by striking ‘‘within 100 feet of’’;
(4) by inserting ‘‘, or public library, or public 
or private daycare facility’’ after ‘‘video arcade facil-
ity’’
(5) by inserting ‘‘or for a felony drug offense’’ 
after ‘‘subsection (a) of this section’’; and 
(6) by striking ‘‘not less than three years’’ each 
place it appears and inserting ‘‘not less than 10 
years’’. 
(e) EMPLOYING CHILDREN IN DISTRIBUTION NEAR 
PROTECTED PLACES.—Section 419(c) of the Controlled 
Substances Act (21 U.S.C. 860(c)) is amended—
(1) by striking ‘‘at least 21 years of age’’ and 
inserting ‘‘at least 18 years of age’’; 
(2) by inserting ‘‘Except to the extent a greater 
minimum sentence is otherwise provided for by sec-
tion 401(b), a person shall be sentenced under this 
subsection to a term of imprisonment of not less 
than 10 years’’ after ‘‘triple those authorized by sec-
tion 401.’’; 
(3) by striking ‘‘(1)’’ and inserting ‘‘(A)’’ and 
in subparagraph (A) as so redesignated, by inserting 
‘‘, or attempts or conspires to do so’’ after ‘‘to vio-
late this section’’;
(4) by striking ‘‘(2)’’ and inserting ‘‘(B)’’and in 
subparagraph (B) as so redesignated, by inserting ‘‘, 
or attempts or conspires to do so’’ after ‘‘official’’; 
(5) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(6) by adding at the end the following: 
‘‘(2) SECOND OR SUBSEQUENT OFFENSES.—Para-
graph (1) shall be applied to an offense after a single prior 
conviction under that paragraph or for a felony drug of-
fense has become final by substituting ‘not less than 15 
years’ for ‘not less than 10 years’. Penalties for third or 
subsequent 
convictions 
are 
governed 
by 
section 
401(b)(1)(A).’’. 
(f) EMPLOYMENT OR USE OF PERSONS UNDER 18 
YEARS OLD; FIRST OFFENSE.—Section 420(a)(1) of the 
Controlled Substances Act (21 U.S.C. 861(a)(1)) is 
amended by inserting ‘‘, or attempts or conspires to do 
so’’ after ‘‘chapter’’. 
(g) EMPLOYMENT OR USE OF PERSONS UNDER 18 
YEARS OLD; FIRST OFFENSE.—Section 420(a)(2) of the 
Controlled Substances Act (21 U.S.C. 861(a)(2)) is 
amended by inserting ‘‘, or attempts or conspires to do 
so’’ after ‘‘official’’. 
(h) EMPLOYMENT OR USE OF PERSONS UNDER 18 
YEARS OLD; FIRST OFFENSE.—Section 420(a)(3) of the 
Controlled Substances Act (21 U.S.C. 861(a)(3)) is
amended by inserting ‘‘, or attempts or conspires to do 
so’’ after ‘‘chapter’’. 
(i) EMPLOYMENT OR USE OF PERSONS UNDER 18 
YEARS OLD; FIRST OFFENSE.—Section 420(b) of the 
Controlled Substances Act (21 U.S.C. 861(b)) is amended 
by striking ‘‘not less than one year.’’ and inserting ‘‘not 
less than 5 years. Except to the extent a greater minimum 
sentence is otherwise provided by section 401(b), a term 
of imprisonment of a person 21 or more years of age con-
victed under this subsection shall not be less than 10 
years. Notwithstanding any other provision of law, the 
court shall not place on probation or suspend the sentence 
of any person sentenced under the preceding sentence.’’. 
(j) EMPLOYMENT OR USE OF PERSONS UNDER 18 
YEARS OLD; SECOND OR SUBSEQUENT OFFENSE.—Sec-
tion 420(c) of the Controlled Substances Act (21 U.S.C. 
861(c)) is amended—
(1) by inserting ‘‘for a felony drug offense’’ 
after ‘‘prior conviction under subsection (a) of this 
section’’; and 
(2) by striking ‘‘not less than one year.’’ and 
inserting ‘‘not less than 10 years. Except to the ex-
tent a greater minimum sentence is otherwise pro-
vided by section 401(b), a term of imprisonment of 
a person 21 years or more of age convicted under
this subsection shall be a mandatory term of life im-
prisonment. Notwithstanding any other provision of 
law, the court shall not place on probation or sus-
pend the sentence of any person sentenced under the 
preceding sentence.’’. 
(k) PROVIDING OR DISTRIBUTING A CONTROLLED 
SUBSTANCE TO AN UNDERAGE PERSON.—Section 420(d) 
of the Controlled Substances Act (21 U.S.C. 861(d)) is 
amended by striking ‘‘subject to a term of imprisonment 
for not more than 5 years’’ and inserting ‘‘sentenced to 
a term of imprisonment of not less than 5 years’’. 
(l) SENTENCING GUIDELINES.—
(1) Not more than 90 days after the date of the 
enactment of this Act, the Sentencing Commission 
shall amend the sentencing guidelines, policy state-
ments, and official commentary issued under section 
994 of title 28, United States Code, so as to ensure 
that the sentence of any person who has been con-
victed of a felony violation of title II of the Con-
trolled Substances Act, or a felony violation of the 
Controlled Substances Import and Export Act, is 
calculated in accordance with the following require-
ments if any part of the offense or relevant conduct 
involved manufacturing, transporting, possessing, 
storing, using, or trafficking in a controlled sub-
stance or a chemical or material used or intended to 
be used in the manufacture of any controlled sub-
stance in or near the presence of a person under the 
age of 18, or in a location in which a person under 
the age of 18 resides for any period of time, or if 
any of the offense or relevant conduct involved con-
duct constituting an offense under section 417(b), 
418, 419, 419a, or 420 of the Controlled Substances 
Act (whether or not charged): 
(A) Section 5C1.2 of the guidelines shall 
not apply. 
(B) Increase the base offense level by 2 
levels. 
(C) If the defendant was the parent or 
guardian or person otherwise responsible for the 
care or supervision of the person under the age 
of 18 increase the base offense level by 4 levels. 
(2) Section 3553(f) of title 18, United States 
Code, is amended—
(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (5) as 
paragraph (6); and 
(C) by inserting after paragraph (4) the 
following new paragraph: