‘‘(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 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 conduct 
constituting an offense under section 417(b), 418, 
419, 419a or 420 of the Controlled Substances Act 
(whether or not charged); and’’. 
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 May 
1, 2004, is amended—
(1) in section 2D1.1(a)(3) by striking ‘‘, except 
that if the defendant receives an adjustment under 
section 3B1.2 (Mitigating Role), the base offense 
level under this subsection shall not be more than 
level 30.’’ and inserting ‘‘below.’’;
(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 
(6) 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.—
(1) FUTURE AMENDMENTS.—On and after the 
date of the enactment of this Act no amendment 
promulgated by the Sentencing Commission shall 
alter or repeal the effect of the amendments made 
by this section. 
(2) AMENDMENTS AS OF ENACTMENT.—Upon 
the enactment of this Act, any amendment to the 
Guidelines Manual promulgated by the Sentencing 
Commission before such enactment shall have no 
further force or effect to the extent that amend-
ment—
(A) is to section 2D1.11 or to a provision 
of the Guidelines Manual that is amended by 
subsection (a); and 
(B) takes effect after May 1, 2004 but be-
fore the date of the enactment of this Act.
SEC. 4. PROTECTING PERSONS IN DRUG TREATMENT. 
(a) IN GENERAL.—The Controlled Substances Act is 
amended by inserting after section 419 (21 U.S.C. 860)-
-- the following: 
‘‘PROTECTION OF PERSONS IN DRUG TREATMENT 
‘‘SEC. 419a. (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 nor more than life. 
‘‘(b) Whoever intentionally offers, solicits, entices, 
persuades, encourages, induces, or coerces a person en-
rolled in a drug treatment program or facility, who is 
under a court order to do so, or who has previously been 
enrolled in a drug treatment program or facility, to pur-
chase, receive, or possess a controlled substance, attempts 
or conspires to do so, except to the extent that a greater 
minimum sentence is provided for, shall be sentenced to 
a term of imprisonment which may not be less than 5 
years or more than life and if death or serious bodily in-
jury resulted from the use of such substance shall not be 
less than 10 or more than life, a fine not to exceed the 
greater of that authorized in accordance with the provi-
sions of title 18, or $4,000,000 if the defendant is an indi-
vidual or $10,000,000 if the defendant is other than an 
individual, or both. 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 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. Pen-
alties for third or subsequent convictions shall be governed 
by section 841(a)(1)(A) of this title. 
‘‘(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 29, 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 before the defendant joined the conspiracy 
that was known to the defendant before joining the con-
spiracy, and includes the conduct of members of the con-
spiracy during the defendant’s participation in the con-
spiracy that was known to the defendant or was reason-
ably forseeable (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, is 
amended—
(1) so that paragraph (6), as so redesignated by 
section 2 of this Act, reads as follows:
‘‘(6) the Government certifies that the defend-
ant 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 prosecution of another person 
as set forth in subsection (e), but was unable to so 
assist because the defendant did not have sufficient 
information, or had information already known to, 
or not useful to the Government, but a defendant 
who at any time provided the Government or the 
court with false, misleading, or incomplete informa-
tion, otherwise obstructed the administration of jus-
tice, 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.’’; and 
(2) by striking ‘‘court shall impose a sentence’’ 
and inserting ‘‘court shall be authorized to impose a 
sentence’’. 
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 29, 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 409, 417, 418, 419, 419a or 420 of the Con-
trolled Substances Act (21 U.S.C. 849, 858, 859, 
860, 860a, or 861) (without 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 29, 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. ASSURING JUDICIAL AUTHORITY CONSISTENT 
WITH LAW IN SENTENCINGS. 
Rule 11(c)(3) of the Federal Rules of Criminal Proce-
dure is amended by striking subparagraphs (A) through 
(B) and inserting the following: 
‘‘(A) To the extent the plea agreement is 
of the type specified in Rule 11(c)(1)(A), the 
court may accept the agreement, reject it, or 
defer a decision until the court has reviewed the 
presentence report. The court may accept the 
agreement, whether before or after review of 
the presentence report, only if the court deter-
mines, for reasons stated on the record with 
specificity, that the charge or charges to which 
the defendant is pleading adequately reflect the 
seriousness of the actual offense behavior and 
that accepting the agreement is consistent with