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 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 2005’’.
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 inserting ‘‘Except to the extent a greater 
minimum sentence is otherwise provided by section 
401(b) and regardless of any maximum term of im-
prisonment, a term of imprisonment under this sub-
section 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. Notwith-
standing any other provision of law, the court shall 
not place on probation or suspend the sentence of 
any person sentenced under the preceding sentence.’’ 
after ‘‘not less than 1 year.’’. 
(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) and regardless of any max-
imum term of imprisonment, a term of imprison-
ment under this subsection in a case involving dis-
tribution to person under 18 years of age by a per-
son 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 suspend 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 inserting ‘‘and regardless of any max-
imum term of imprisonment’’ after ‘‘Except to the 
extent a greater minimum sentence is otherwise pro-
vided by section 401(b) of this title’’; and 
(6) 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’’; 
(6) by inserting ‘‘and regardless of any max-
imum term of imprisonment’’ after ‘‘Except to the 
extent a greater minimum sentence is otherwise pro-
vided by section 401(b) of this title’’; and 
(7) 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) and regardless of any maximum term of 
imprisonment, 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) ATTEMPT AND CONSPIRACY RELATING TO EM-
PLOYMENT
OR USE
OF PERSONS UNDER 18 YEARS 
OLD.—Section 420(a) of the Controlled Substances Act 
(21 U.S.C. 861(a)) is amended— 
(1) in paragraph (1), by inserting ‘‘, or attempt 
or conspire to do so’’ after ‘‘chapter’’;
(2) in paragraph (2), by inserting ‘‘, or attempt 
or conspire to do so’’ after ‘‘official’’; and 
(3) in paragraph (3), by inserting ‘‘, or attempt 
or conspire to do so’’ after ‘‘chapter’’. 
(g) EMPLOYMENT OR USE OF PERSONS UNDER 18 
YEARS OLD; PENALTY FOR FIRST OFFENSE.—Section 
420(b) of the Controlled Substances Act (21 U.S.C. 
861(b)) is amended— 
(1) by inserting ‘‘and regardless of any max-
imum term of imprisonment’’ after ‘‘provided’’; and 
(2) 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) and regardless of any max-
imum term of imprisonment, a term of imprison-
ment of a person 21 or more years of age convicted 
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 pre-
ceding sentence.’’. 
(h) 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 ‘‘ or for a felony drug offense’’ 
after ‘‘prior conviction under subsection (a) of this 
section’’; 
(2) by inserting ‘‘and regardless of any max-
imum term of imprisonment’’ after ‘‘provided’’; and 
(3) 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) and regardless of any max-
imum term of imprisonment, a term of imprison-
ment of a person 21 years or more of age convicted 
under this subsection shall be a mandatory term of 
life imprisonment. Notwithstanding any other provi-
sion of law, the court shall not place on probation 
or suspend the sentence of any person sentenced 
under the preceding sentence.’’. 
(i) 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— 
(1) by striking ‘‘fourteen’’ and inserting ‘‘16’’; 
and 
(2) by striking ‘‘subject to a term of imprison-
ment for not more than 5 years’’ and inserting ‘‘sen-
tenced to a term of imprisonment of not less than 
5 years or more than life’’. 
(j) MAINTAINING DRUG-INVOLVED PREMISES AF-
FECTING CHILDREN.—Section 416 of the Controlled Sub-
stances Act (21 U.S.C. 856) is amended— 
(1) in subsection (a)(1) by inserting ‘‘storing,’’ 
before ‘‘or using’’; 
(2) by inserting ‘‘(1)’’ after ‘‘(b)’’; 
(3) by adding at the end of subsection (b) the 
following: 
‘‘(2) Any person who violates subsection (a) of this 
section, knowing that the manufacture, distribution, stor-
age, or use of any controlled substance involves or is in-
tended to involve a person under the age of 18 or an in-
competent person, shall be fined not more than 
$2,000,000 (if the offender is an individual) and not more 
than $8,000,000 (if the offender is an organization) and 
imprisoned not less than 5 years or more than life, and 
if the defendant is the parent or guardian or otherwise 
responsible for the care or supervision of such person shall 
be fined as provided in this paragraph and imprisoned not 
less than ten years or more than life.’’. 
(k) DRUG TRAFFICKING IN THE PRESENCE OF CHIL-
DREN.—
(1) IN
GENERAL.—Part D of the Controlled 
Substances Act is amended by adding at the end the 
following: 
‘‘DRUG TRAFFICKING IN THE PRESENCE OF CHILDREN 
‘‘SEC. 424. (a) Except to the extent a greater min-
imum sentence is otherwise provided by this title, any per-
son who violates section 401(a)(1) of this title or section 
1010(a) of title II in or near the presence of a person 
under the age of 18 or an incompetent person, or in a 
location in which such person resides for any period of 
time, knowing or having reason to know that such person 
is present or so resides shall be sentenced to a term of 
imprisonment which may not be less than 5 years or more 
than life. 
‘‘(b) Except to the extent a greater minimum sen-
tence is otherwise provide by this title, any person who 
violates section 406 of this title or section 1013 of title 
II by committing any act in furtherance of the violation 
in or near the presence of a person under the age of 18 
or incompetent person, or in a location in which such per-
son resides for any period of time, knowing or having rea-
son to know that such person is present or so resides shall 
be sentenced to a term of imprisonment which may not 
be less than 5 years or more than life. 
‘‘(c) If at the time of the offense referred to in sub-
section (a) or at the time of the commission of the act
in furtherance of the violation referred to in subsection 
(b) the defendant was the parent or guardian or otherwise 
responsible for the care or supervision of the person under 
the age of 18 or the incompetent person, shall be sen-
tenced to a term of imprisonment which may not be less 
than 10 years or more than life. 
‘‘(d) As used in this section, the term ‘in or near the 
presence of a person’ means within visual sight of such 
person, within any dwelling, automobile or other vehicle, 
or boat, in which such person is present, or within 500 
feet of such person.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 is amended by inserting 
after the item relating to section 422 the following 
new item: 
‘‘Sec. 424. Drug trafficking in the presence of children.’’. 
(l) DRUG PARAPHERNALIA INTENDED FOR CHIL-
DREN.—Section 422 of the Controlled substances Act (21 
U.S.C. 863) is amended— 
(1) so that paragraph (1) of subsection (a) 
reads as follows: 
‘‘(1) to sell, offer for sale, facilitate the sale or 
offer to sell, or provide drug paraphernalia to any 
person;’’. 
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following: 
‘‘(2) Any person who violates subsection (a) by 
selling, offering for sale, facilitating the sale or offer 
for sale, or providing drug paraphernalia to any per-
son under the age of 18 or to any person knowing 
that it is intended to be provided to or used by a 
person under the age of 18 years, or any person who 
violates subsection (a) by transporting, importing, or 
exporting drug paraphernalia knowing that it is in-
tended to be provided to or used by a person under 
the age of 18 years, shall be imprisoned for not less 
than 2 years nor more than 10 years.’’. 
(m) FURTHER PROTECTION FOR CHILDREN.— 
(1) IN
GENERAL.—Part D of the Controlled 
Substances Act is amended by adding at the end the 
following: 
‘‘FAILURE TO PROTECT CHILDREN FROM DRUG 
TRAFFICKING ACTIVITIES 
‘‘SEC. 425. (a) It shall be unlawful for any person 
who witnesses or learns of a violation of sections 
416(b)(2), 417, 418, 419, 420, 424, or 426 to fail to re-
port the offense to law enforcement officials within 24 
hours of witnessing or learning of the violation and there-
after provide full assistance in the investigation, apprehen-
sion, and prosecution of the person violating paragraph 
(a). 
‘‘(b) Any person who violates subsection (a) of this 
section shall be sentenced to not less than two years or 
more than 10 years. If the person who witnesses or learns 
of the violation is the parent or guardian, or otherwise 
responsible for the care or supervision of the person under 
the age of 18 or the incompetent person, such person shall 
be sentenced to not less than three years or more than 
20 years.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 is amended by inserting 
after the item relating to section 423 the following 
new item: 
‘‘Sec. 425. Failure to protect children from drug trafficking activities.’’. 
(n) SENTENCING GUIDELINES.— 
(1) Not later than 120 days after the date of 
the enactment of this Act, the Sentencing Commis-
sion shall amend the sentencing guidelines, policy 
statements, and official commentary issued under 
section 994 of title 28, United States Code, so as to 
ensure that— 
(A) for any person who has been convicted 
of a felony violation of title II of the Controlled 
Substances Act, or a felony violation of the
Controlled Substances Import and Export Act, 
if any part of the offense or relevant conduct 
involved 
manufacturing, 
transporting, 
pos-
sessing, storing, using, or trafficking in a con-
trolled substance or a chemical or material used 
or intended to be used in the manufacture of 
any controlled substance in or near the presence 
of a person under the age of 18 or an incom-
petent person, or in a location in which a per-
son under the age of 18 or an incompetent per-
son resides for any period of time, or if any of 
the offense or relevant conduct involved conduct 
constituting an offense under section 416(b)(2), 
417, 418, 419, 420, 422, 424, 425, or 426 of 
the Controlled Substances Act (whether or not 
charged)— 
(i) section 5C1.2 of the guidelines 
shall not apply; 
(ii) the base offense level is increased 
by at least 2 levels. Such increase shall be 
in addition to any applicable increase 
under 
section 
2D1.1(b)(5)(C) 
or 
2D1.10(b)(1)(B); and 
(iii) if the defendant was the parent 
or guardian or person otherwise respon-
sible for the care or supervision of the per-
son under the age of 18 or the incompetent 
person the base offense level is increased 
by at least 4 levels. Such increase shall be 
in addition to any applicable increase 
under 
section 
2D1.1(b)(5)(C) 
or 
2D1.10(b)(1)(B); and 
(B) the Guidelines Manual is amended in 
section 
2D1.1(b)(5)(C) 
and 
section 
2D1.10(b)(1)(B) to provide for an increase of 8 
levels when the defendant was the parent or 
guardian, or otherwise responsible for the care 
or supervision of the person under the age of 
18 or the incompetent person. 
(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); 
(C) by inserting after paragraph (4) the 
following new paragraph: 
‘‘(5) no part of the offense or relevant conduct 
involved manufacturing, transporting, possessing, 
storing, using, or trafficking a controlled substance
or a chemical or material used or intended to be 
used in the manufacture of any controlled substance 
in or near the presence of a person under the age 
of 18 or incompetent person; or in a location in 
which a person under the age of 18 or incompetent 
person resides for any period of time; or if any of 
the offense or relevant conduct involved conduct con-
stituting an offense under section 416(b)(2), 417, 
418, 419, 420, 422, 424, 425, or 426 of the Con-
trolled Substances Act (whether or not charged); 
and ’’. 
(3) Section 3553 of title 18, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(g) As used in subsection (f), the term ‘incompetent 
person’ means an individual who is incapable of taking 
care of the individual’s self or property because of mental 
or physical illness or disability, mental retardation, or se-
nility. ’’. 
SEC. 3. FAIRNESS IN SENTENCING: ASSURING TRAF-
FICKERS IN LARGE QUANTITIES OF DRUGS 
RECEIVE APPROPRIATE SENTENCES AND DE-
NYING DOUBLE SENTENCING BENEFITS. 
(a) IN GENERAL.—The Guidelines Manual promul-
gated by the Sentencing Commission pursuant to section
994(a) of title 28, United States Code, as in effect on No-
vember 1, 2004, is amended— 
(1) in section 2D1.1(a)(3) by striking ‘‘, ex-
cept’’ and all that follows and inserting a period 
after ‘‘(c)’’; 
(2) in the Application Notes in the Commentary 
to section 3B1.2 by striking Application Note 6 in 
its entirety; 
(3) in section 2D1.1(b) by striking subsection 
(7) in its entirety; and 
(4) in Application Notes in the Commentary to 
section 2D1.1 by striking Application Note 21 in its 
entirety. 
(b) LIMITATIONS ON COMMISSION.—On and after the 
date of the enactment of this Act no amendment promul-
gated by the Sentencing Commission shall alter or repeal 
the effect of the amendments made by this section. 
SEC. 4. PROTECTING PERSONS IN DRUG TREATMENT. 
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act is amended by adding at the end the following: 
‘‘PROTECTION OF PERSONS IN DRUG TREATMENT 
‘‘SEC. 426. (a) Any person who violates section 
401(a)(1), section 406, or section 416 by distributing, pos-
sessing with intent to distribute, or manufacturing a con-
trolled substance in or on, or within 1,000 feet of, the real 
property comprising a drug treatment facility, or attempt-
ing or conspiring to do so, shall, except to the extent a 
greater minimum sentence is provided, be imprisoned for 
not less than 5 years or more than life and if death or 
serious bodily injury resulted from the use of such sub-
stance shall not be less than 10 years. If any person com-
mits such a violation after a prior conviction under this 
subsection or after a prior conviction for any felony drug 
offense has become final, such person shall be sentenced 
to not less than 10 years and if death or serious bodily 
injury resulted from the use of such substance shall be 
sentenced to life. Penalties for third or subsequent convic-
tions shall be governed by section 401(b)(1)(A). The man-
datory minimum sentencing provisions of this paragraph 
shall not apply to first offenses involving 5 grams or less 
of marijuana. 
‘‘(b) Whoever intentionally offers, solicits, entices, 
persuades, encourages, induces, or coerces a person en-
rolled in a drug treatment program or facility, or who is 
under a court order to enroll in, or who has previously 
been enrolled in, a drug treatment program or facility, to 
purchase, receive, or possess a controlled substance, or at-
tempts or conspires to do so, shall, except to the extent 
that a greater minimum sentence is provided for, be sen-
tenced to a term of imprisonment which may not be less 
than 5 years or more than life and if death or serious
bodily injury resulted from the use of such substance shall 
not be less than 10 years or more than life. If any person 
commits such a violation after a prior conviction under 
this subsection or after a prior conviction for any felony 
drug offense has become final, such person shall be sen-
tenced to not less than 10 years and if death or serious 
bodily injury resulted from the use of such substance shall 
be sentenced to life. Penalties for third or subsequent con-
victions shall be governed by section 401(b)(1)(A). 
‘‘(c) As used in this section— 
‘‘(1) the term ‘drug treatment facility’ in-
cludes— 
‘‘(A) any location at which a practitioner is 
authorized to dispense narcotic drugs to individ-
uals for maintenance treatment or detoxifica-
tion treatment under section 303(g) of the Con-
trolled Substances Act (21 U.S.C. 823(g)); 
‘‘(B) any location at which an individual or 
entity (other than a general medical care facil-
ity) provides drug abuse diagnosis, treatment or 
referral for treatment; and 
‘‘(C) an identified unit within a general 
medical facility which provides drug abuse diag-
nosis, treatment, or referral for treatment; and
‘‘(2) the term ‘drug treatment program’ in-
cludes— 
‘‘(A) a practitioner or entity who dispenses 
narcotic drugs to individuals for maintenance 
treatment or detoxification treatment under sec-
tion 303(g) of the Controlled Substances Act 
(21 U.S.C. 823(g); 
‘‘(B) an individual or entity which provides 
drug abuse diagnosis, treatment or referral for 
treatment; 
‘‘(C) medical personnel or other staff in a 
general medical care facility whose primary 
function is the provision of drug abuse diag-
nosis, treatment or referral for treatment; and 
‘‘(D) a practitioner or entity who is au-
thorized by the Substance Abuse and Mental 
Health Services Administration to dispense 
opioid agonist treatment medication to individ-
uals for maintenance treatment or detoxifica-
tion treatment.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Comprehensive Drug Abuse Prevention and Control 
Act of 1970 is amended by inserting after the item relat-
ing to section 419 the following new item: 
‘‘419a. Protection of persons in drug treatment.’’.
SEC. 5. CONFORMING GUIDELINE SENTENCING TO CON-
SPIRACY LAW. 
Not more than 90 days after the date of the enact-
ment of this Act, the Sentencing Commission shall amend 
the sentencing guidelines, policy statements, and official 
commentary issued under section 994 of title 28, United 
States Code, so as to ensure that the relevant conduct 
under section 1B1.2 of any person who has been convicted 
of a felony violation of title II of the Controlled Substances 
Act, or a felony violation of the Controlled Substances Im-
port and Export Act, includes the conduct of members of 
the conspiracy in furtherance of the conspiracy before the 
defendant joined the conspiracy that was known to the de-
fendant before joining the conspiracy, and includes the 
conduct of members of the conspiracy in furtherance of 
the conspiracy during the defendant’s participation in the 
conspiracy that was known to the defendant or was rea-
sonably foreseeable (whether or not a conspiracy was 
charged). 
SEC. 6. ASSURING LIMITATION ON APPLICABILITY OF 
STATUTORY MINIMUMS TO PERSONS WHO 
HAVE DONE EVERYTHING THEY CAN TO AS-
SIST THE GOVERNMENT. 
Section 3553(f) of title 18, United States Code, as 
amended by section 2 of this Act, is further amended—
(1) by inserting ‘‘(1)’’ before ‘‘Notwith-
standing’’ ; 
(2) by redesignating paragraphs (1) through 
(6) as subparagraphs (A) through (F); 
(3) so that subparagraph (F), as so redesig-
nated, reads as follows: 
‘‘(F) the Government certifies that the de-
fendant has entered a timely plea of guilty to 
the most serious readily provable offense and 
has otherwise done everything possible to assist 
substantially in the investigation and prosecu-
tion of another person as set forth in subsection 
(e), but was unable to so assist because the de-
fendant did not have sufficient information, or 
had information already known to, or not useful 
to the Government, but a defendant who pro-
vided the Government or the court with false, 
misleading, or incomplete information, other-
wise obstructed the administration of justice, or 
delayed affirmative efforts to assist substan-
tially beyond a time when such efforts could 
have reasonably been useful to the Government 
shall not be sentenced under this subsection.’’; 
(4) by striking ‘‘court shall impose a sentence 
pursuant to the guidelines promulgated by the
United States Sentencing Commission under section 
994 of title 28 without regard to any statutory min-
imum sentence’’ and inserting ‘‘court shall have the 
authority to impose a sentence pursuant to sub-
section (a), without regard to any statutory min-
imum sentence, provided that the sentence includes 
a term of imprisonment that is not below the bottom 
of the range described in subsection (a)(4)’’; and 
(5) by inserting at the end the following: 
‘‘(2) The provisions of paragraph (1) are not 
severable and if any provision of that paragraph, or 
the application of such provision to any person or 
circumstances, is held invalid, the entirety of such 
paragraph shall to the same extent become utterly 
invalid and unenforceable and shall not be applied, 
and the court shall instead impose a sentence not 
less than that required by any applicable statutory 
minimum sentence prescribed for such offense.’’. 
SEC. 7. ASSURING SENTENCING ENHANCEMENT FOR REL-
EVANT CONDUCT. 
Not more than 90 days after the date of the enact-
ment of this Act, the Sentencing Commission shall amend 
the sentencing guidelines, policy statements, and official 
commentary issued under section 994 of title 28, United 
States Code so as to ensure—
(1) that the commentary to section 2D1.2 in-
cludes application of the section to violations of sec-
tion 401 or 406 of the Controlled Substances Act 
(21 U.S.C. 841 or 846); 
(2) that the enhancements under Guideline sec-
tion 2D1.2 and any guideline provision promulgated 
pursuant to any provision of this Act, are applicable 
without regard to whether the defendant has been 
convicted of a statutory violation of drug trafficking 
in a protected location or involving an underage or 
pregnant individual (including an attempt or con-
spiracy to commit such a violation) and without re-
gard to whether the defendant stipulated to such a 
statutory violation of such an offense; 
(3) that conduct constituting an offense under 
section 416(b)(2), 417, 418, 419, 420, 422, 424, 
425, or 426 of the Controlled Substances Act (with-
out regard to conviction) shall be treated as relevant 
conduct under section 1B1.3 for persons convicted 
under section 401 or 406 of that Act (21 U.S.C. 
841 or 846); and 
(4) that section 2D1.2(a)(1) provides for a 4 
rather than a 2 level increase; that section 
2D1.2(a)(2) provides for a 2, rather than 1, level in-
crease; that section 2D1.2(a)(3) provides for a level
28, rather than level 26; and that section 
2D1.2(a)(4) provides for a level 18, rather than level 
13. 
SEC. 8. ASSURING PROGRESSIVE ENHANCEMENTS FOR 
PERSONS POSSESSING OR USING FIREARMS. 
Not more than 90 days after the date of the enact-
ment of this Act, the Sentencing Commission shall amend 
the sentencing guidelines, policy statements, and official 
commentary issued under section 994 of title 28, United 
States Code, so as to ensure— 
(1) that the specific offender characteristics 
under section 2D1.1(b) provide for increases to the 
base offense level of— 
(A) 8 levels if a firearm was possessed 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; 
(B) 6 levels if the defendant discharged a 
firearm or 8 or more firearms were possessed or 
a firearm described in section 921(a)(23) of 
title 18, United States Code, was possessed, or 
a firearm equipped with a device described in 
section 921(a)(24) of title 18, United States 
Code, was possessed, or a device described in
section 921(a)(4) of title 18, United States 
Code, was possessed; 
(C) 4 levels if the defendant brandished or 
otherwise used a dangerous weapon (including a 
firearm) or possessed a firearm described in 
section 921(a), (6), (8), or (30) of title 18 
United States Code, or section 5845(a) of title 
26, United States Code or 6 or more firearms 
were possessed; 
(D) 3 levels if 2 or more firearms were 
possessed; and 
(E) 2 levels if a dangerous weapon (includ-
ing a firearm) was possessed; 
(2) that the specific offender characteristics 
under section 2D1.1 provide for an increase to the 
base offense level of— 
(A) 6 levels if the offense involved perma-
nent or life-threatening bodily injury; 
(B) 4 levels if the offense involved serious 
bodily injury; and 
(C) 2 levels if the offense involved bodily 
injury; 
(3) that the cumulative adjustments under 
paragraphs (1) and (2) shall not shall not exceed 10 
levels; and
(4) that the specific characteristics under sec-
tion 2D1.1 provide for an increase to the base of-
fense level of 2 levels if the defendant committed any 
part of the instant offense after sustaining a felony 
conviction for a controlled substance offense. 
SEC. 9. 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. 10. PROTECTING HUMAN LIFE AND ASSURING CHILD 
SAFETY. 
(a) IN GENERAL.—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,’’ before ‘‘cre-
ates’’; 
(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)(1) Whoever violates subsection (a) by creating 
a substantial risk of harm to a person under the age of 
18 or incompetent person, shall be fined in accordance 
with title 18, United States Code, or imprisoned not less 
than 5 years, nor more than life, or both.
‘‘(2) As used in this section, the term ‘incompetent 
person’ means an individual who is incapable of taking 
care of the individual’s self or property because of mental 
or physical illness or disability, mental retardation, or se-
nility. ’’. 
(b) SENTENCING GUIDELINES.—Not more than 90 
days after the date of the enactment of this Act, the Sen-
tencing Commission shall amend the sentencing guide-
lines, policy statements, and official commentary issued 
under section 994 of title 28, United States Code, so as 
to ensure that section 2D1.1(b)(6)(B) and (C) apply if 
the offense involved the manufacture of any controlled 
substance. 
SEC. 11. 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 striking ‘‘or 420’’; 
(2) by inserting ‘‘420, 424, 425, or 426’’ after 
‘‘419,’’; and 
(3) 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 
drug 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 409, 416, 417, 418, 419, 420, 422, 424, 425, 
or 426 or a crime of violence after 2 or more prior 
convictions for a felony drug offense or crime of vio-
lence or for any combination thereof have become 
final, such person shall be sentenced to not less than 
a mandatory term of life imprisonment without re-
lease and fined in accordance with the preceding 
sentence. For purposes of this subparagraph, the 
term ‘crime of violence’ means an offense that is a 
felony punishable by a maximum term of imprison-
ment of 10 years or more and has as an element the 
use, attempted use, or threatened use of physical 
force against the person or property of another, 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.’’. 
SEC. 12. SENTENCING PROTECTIONS. 
(a) GENERALLY.—Section 3553 of title 18 United 
States Code, is amended—
(1) in subsection (a)(1) by inserting ‘‘, except 
as otherwise provided in subsection (g),’’ before ‘‘the 
history’’; 
(2) in subsection (a)(2)— 
(A) by inserting ‘‘and’’ at the end of sub-
paragraph (B); 
(B) by striking ‘‘and’’ at the end of sub-
paragraph (C); and 
(C) by striking subparagraph (D); 
(3) by adding at the end the following: 
‘‘(g) LIMITATIONS
ON CONSIDERATION
OF FAC-
TORS.—(1) In imposing a sentence, the court shall not 
consider a defendant’s race, sex, national origin, creed, re-
ligion, or socioeconomic status. 
‘‘(2) The court may consider the following factors 
only as may be required in calculating the range referred 
to in subsection (a)(4) or with respect to the imposition 
of a sentence at or above the bottom of that range, and 
shall not otherwise consider them in imposing a sentence: 
‘‘Defendant’s criminal history. 
‘‘The absence of a criminal record. 
‘‘Family ties and responsibilities. 
‘‘Vocational skills. 
‘‘Mental and emotional condition.
‘‘Drug or alcohol dependence or 
abuse. 
‘‘Employment record. 
‘‘Charitable contributions or civic, 
military, or public service, or good works. 
‘‘Employment-related contributions. 
‘‘Record of prior good works. 
‘‘The need to provide the defendant 
with educational or vocational training, 
medical care, or other correctional treat-
ment in the most effective manner. 
‘‘Role in the offense. 
‘‘A sentence or likely sentence which a 
defendant would receive if convicted of the 
same or similar offense under the law of 
any State. 
‘‘Reports or recommendations of the 
Sentencing Commission to Congress. 
‘‘Post-offense or post-sentencing reha-
bilitation. 
‘‘Acceptance of responsibility. 
‘‘Extreme remorse. 
‘‘Voluntary cessation of criminal con-
duct before discovery.
‘‘Effect of defendant’s incarceration 
on others. 
‘‘Collateral consequences of defend-
ant’s arrest, conviction, or incarceration, 
including criminal or civil forfeiture, judg-
ment in a civil action, loss of a professional 
or business license, loss of public office, de-
portation upon release, or agreement to be 
deported. 
‘‘Aberrant behavior. 
‘‘Having made restitution. 
‘‘Ability to make restitution or facili-
tation of ability to make restitution. 
‘‘Likelihood of recidivism. 
‘‘Compliance with conditions of pre-
trial or presentencing release. 
‘‘Age, other than in the case of a de-
fendant who is elderly and infirm. 
‘‘That the defendant plead guilty or 
entered into a plea agreement. 
‘‘Lack of guidance as a youth. 
‘‘Disadvantaged or abusive upbring-
ing. 
‘‘Gambling addiction.
‘‘The absence of an aggravating factor 
including those set forth in the sentencing 
guidelines and policy statements issued 
under section 994(a) of title 28, United 
States Code. 
‘‘Personal or business financial dif-
ficulties and economic pressures. 
‘‘The court’s personal opinion con-
cerning the guidelines or the guideline 
range. 
‘‘Delay in prosecution. 
‘‘That the defendant entered a plea 
agreement believing that his ultimate sen-
tence would be lower than that required by 
the guidelines or by statute. 
‘‘Any other factor as determined by 
the sentencing commission and identified 
in the sentencing guidelines and policy 
statements issued under section 994(a) of 
title 28, United States Code. 
‘‘(3) Unless the Government makes a motion, asking 
for a sentence below the range referred to in subsection 
(a)(4), and stating that the defendant has provided sub-
stantial assistance in the investigation or prosecution of 
another person who has committed an offense, the court
shall not, based on a consideration of the defendant’s co-
operation with or assistance to the Government or on the 
extent of that cooperation and assistance, impose a sen-
tence below the range referred to in subsection (a)(4). If 
the Government makes such a motion, the court may, 
based on a consideration of the facts relating to that as-
sistance, impose a sentence below the range referred to 
in subsection (a)(4). 
‘‘(h)(1) Other than a sentence imposed as a result 
of a motion of the Government stating that the defendant 
has provided substantial assistance in the investigation or 
prosecution of another person who has committed an of-
fense or as a result of, and pursuant to, an early disposi-
tion program established by the Attorney General pursu-
ant to section 401(m)(2)(B) of the PROTECT Act (Public 
Law 108–21), the court may impose a sentence below the 
range referred to in subsection (a)(4) only after— 
‘‘(A) providing the parties with 20 days written 
notice of its intention to impose a particular sen-
tence below the range referred to in subsection 
(a)(4) and setting forth the particular proposed sen-
tence, the specific factors which support such a sen-
tence, how such a sentence is reasonable and how 
such a sentence avoids unwarranted sentence dis-
parities among Federal defendants with similar
records who have been found guilty of similar con-
duct; and 
‘‘(B) permitting the parties to submit briefs in 
support or opposition to such intended sentence and 
conducting a full evidentiary hearing to consider 
both the reasonableness of the particular intended 
sentence and the unwarranted disparity resulting 
from the particular sentence. 
‘‘(2) Information, including sentencing information 
from the Sentencing Commission, with respect to within- 
the-range sentencing numbers and cases for similarly situ-
ated defendants shall be fully admissible. Information re-
garding a sentence or likely sentence which a defendant 
would receive if convicted of the same or similar offense 
under the law of any State, sentences imposed on other 
defendants as result of a motion of the government asking 
for a sentence below the range referred to in subsection 
(a)(4) and stating that the defendant has provided sub-
stantial assistance in the investigation or prosecution of 
another person who has committed an offense, or as a re-
sult of, and pursuant to, an early disposition program es-
tablished by the Attorney General pursuant to section 
401(m)(2)(B) of the PROTECT Act (Public Law 108– 
21) shall not be admissible and shall not form a basis to
support a sentence below the range referred to in sub-
section (a)(4). 
‘‘(3) Factors supporting a sentence below the range 
referred to in subsection (a)(4) shall be supported and 
shown by clear and convincing evidence.’’; and 
(4) in subsection (c)— 
(A) in paragraph (2)— 
(i) by striking ‘‘which reasons must 
also’’ and inserting ‘‘, and if the sentence 
is below the range described in subsection 
(a) (4), other than as a result of a motion 
by the government asking for a sentence 
below the range and stating that the de-
fendant has provided substantial assistance 
in the investigation or prosecution of an-
other person who has committed an of-
fense, or as a result of, and pursuant to, 
an early disposition program established by 
the Attorney General pursuant to section 
401(m)(2)(B) of the PROTECT Act (Pub-
lic Law 108–21) the court shall also pro-
vide a justification of the reasonableness of 
the sentence, and a detailed explanation as 
to how the sentence avoids unwarranted 
sentencing disparities among Federal de-
fendants with similar records who have 
been found guilty of similar conduct, each 
of which must be supported and shown by 
clear and convincing evidence and’’; and 
(ii) by striking ‘‘except to the extent’’ 
and all that follows through ‘‘such state-
ments’’; and 
(B) by striking the comma which imme-
diately follows another comma. 
(b) ASSURING JUDICIAL ADMINISTRATIVE RESPON-
SIBILITIES
ARE
PERFORMED
BY
THE
JUDICIAL 
BRANCH.—Section 994(w)(1) of title 28, United States 
Code, is amended— 
(1) by inserting ‘‘(other than a case involving a 
sentence imposed for a petty offense, as defined in 
section 19 of title 18, for which there is no applica-
ble sentencing guideline)’’ after ‘‘every criminal 
case’’; and 
(2) by adding at the end the following: ‘‘The 
duties and responsibilities set forth herein, or any 
portion thereof, shall not be delegated to the execu-
tive branch.’’. 
(c) CONFORMING AMENDMENTS.—(1) Section 3661 
of title 18, United States Code, is amended by striking
‘‘No’’ and inserting ‘‘Except as provided in section 
3553(g) or (h), no’’. 
(2) Section 410 of the Controlled Substances Act (21 
U.S.C. 850), is amended by striking ‘‘section 303(a) of 
the Public Health Service Act’’ and by inserting ‘‘in sec-
tion 3553(g) of title 18, United States Code’’. 
Æ