the statutory purposes of sentencing and the 
sentencing guidelines and will permit a sentence 
within the applicable guideline range, or that 
the Attorney General has certified that the plea 
agreement is in the national security interest of 
the United States. 
‘‘(B) To the extent the plea agreement is 
of the type specified in Rule 11(c)(1)(B), the 
court must advise the defendant that the de-
fendant has no right to withdraw the plea if the 
court does not follow the recommendation or re-
quest. The court may only follow the rec-
ommendation or request if the recommended or 
requested sentence is within the applicable 
guideline range or departs from the applicable 
guideline range for lawful and justifiable rea-
sons, or that the Attorney General has certified 
that the recommended or requested sentence is 
in the national security interest of the United 
States. 
‘‘(C) To the extent the plea agreement is 
of the type specified in Rule 11(c)(1)(C), the 
court may reject the agreement or defer a deci-
sion 
until 
the 
court 
has 
reviewed 
the 
presentence report. The court may only accept
the agreed sentence, and must so advise the de-
fendant, if the agreed sentence is within the ap-
plicable guideline range or departs from the ap-
plicable guideline range for lawful and justifi-
able reasons, or that the Attorney General has 
certified that the agreed sentence is in the na-
tional security interest of the United States.’’. 
SEC. 10. MANDATORY DETENTION OF PERSONS CONVICTED 
OF SERIOUS DRUG TRAFFICKING OFFENSES 
AND CRIMES OF VIOLENCE. 
Section 3145(c) of title 18 United States Code, is 
amended—
(1) by inserting ‘‘prior to sentencing’’ after 
‘‘may be ordered released’’; and 
(2) by striking ‘‘the judicial officer, if it is 
clearly shown that there are exceptional reasons why 
such person’s detention would not be appropriate.’’ 
and inserting ‘‘the judicial officer if, the Government 
certifies that the defendant is engaged in ongoing 
active cooperation with the Government in con-
templation of the defendant providing substantial as-
sistance to the Government in the investigation and 
prosecution of another person pursuant to section 
3553(e) of this title, section 994(n) of title 28, or 
United States Sentencing Guidelines section 5K1.1,
and that defendant’s release on appropriate condi-
tions pending sentencing is essential to permit such 
assistance. The judicial officer shall order the de-
fendant detained immediately upon cessation of ac-
tive cooperation, or upon being sentenced, whichever 
first occurs. Availability to be interviewed or to tes-
tify before a grand jury or a judicial proceeding is 
not grounds for release.’’. 
SEC. 11. PROTECTING HUMAN LIFE AND ASSURING CHILD 
SAFETY. 
Section 417 of the Controlled Substances Act (21 
U.S.C. 858) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; 
(2) by inserting ‘‘possessing, storing, or’’ before 
‘‘transporting’’; 
(3) by inserting ‘‘or intended to be used in the 
manufacture of a controlled substance,’’; 
(4) by striking ‘‘not more than 10 years’’ and 
inserting ‘‘not less than 3 years nor more than life’’; 
and 
(5) by inserting at the end the following: 
‘‘(b) Whoever violates subsection (a) by creating a 
substantial risk of harm to a person under the age of 18, 
shall be fined in accordance with title 18, United States
Code, or imprisoned not less than 5 years, nor more than 
life, or both.’’. 
SEC. 12. LIFE IMPRISONMENT WITHOUT RELEASE FOR 
DRUG FELONS AND VIOLENT CRIMINALS 
CONVICTED A THIRD TIME. 
Section 401(b) of the Controlled Substances Act (21 
U.S.C. 841(b)) is amended—
(1) by inserting ‘‘860a,’’ after ‘‘Except as pro-
vided in section 859, 860,’’; and 
(2) by striking ‘‘If any person commits a viola-
tion of this subparagraph or of section 418, 419, or 
420 after two or more prior convictions for a felony 
dug offense have become final, such person shall be 
sentenced to a mandatory term of life imprisonment 
without release and fined in accordance with the 
preceding sentence.’’ and inserting ‘‘If any person 
commits a violation of this subparagraph or of sec-
tion 418, 419, 419a, or 420 (21 U.S.C. 859, 860, 
860a, or 861) or a crime of violence after 2 or more 
prior convictions for a felony drug offense or crime 
of violence or for any combination thereof have be-
come final, such person shall be sentenced to not 
less than a mandatory term of life imprisonment 
without release and fined in accordance with the 
preceding sentence. For purposes of this subpara-
graph, the term ‘crime of violence’ means an offense 
that is a felony punishable by a maximum term of 
imprisonment of 10 years or more and has as an ele-
ment the use, attempted use, or threatened use of 
physical force against the person or property of an-
other, or by its nature involves a substantial risk 
that physical force against the person or property of 
another may be used in the course of committing the 
offense.’’.
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