[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4547 Introduced in House (IH)]






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.

    Be it enacted by the Senate and House of Representatives 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 TRAFFICKERS.

    (a) Distribution to Persons Under 21 Years of Age; First Offense.--
Section 418(a) of the Controlled 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 regard to the type of 
        controlled substance and schedule''; and
            (4) 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 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 preceding 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 regard to the type of 
        controlled substance and schedule'';
            (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 extent a greater 
        minimum sentence is otherwise provided 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 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 substance'';
            (3) by striking ``within 100 feet of'';
            (4) by inserting ``, or public library, or public or 
        private daycare facility'' after ``video arcade facility''
            (5) by striking ``not less than one year'' and inserting 
        ``not less than 5 years''.
    (d) Distribution or Manufacture Near Schools or Colleges; Second or 
Subsequent Offense.--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 substance'';
            (3) by striking ``within 100 feet of'';
            (4) by inserting ``, or public library, or public or 
        private daycare facility'' after ``video arcade facility''
            (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 section 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 section 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 violate 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.--Paragraph (1) shall be 
applied to an offense after a single prior conviction under that 
paragraph or for a felony drug offense 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 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 preceding sentence.''.
    (j) Employment or Use of Persons Under 18 Years Old; Second or 
Subsequent Offense.--Section 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 extent a greater 
        minimum sentence is otherwise provided 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 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.''.
    (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 statements, 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 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, is calculated in 
        accordance with the following requirements if any part of the 
        offense or relevant conduct involved manufacturing, 
        transporting, possessing, storing, using, or trafficking in 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):
                    (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:
            ``(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 TRAFFICKERS IN LARGE 
              QUANTITIES OF DRUGS RECEIVE APPROPRIATE SENTENCES AND 
              DENYING DOUBLE SENTENCING BENEFITS.

    (a) In General.--The Guidelines Manual promulgated 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 amendment--
                    (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 before 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, possessing with intent to 
distribute, or manufacturing a controlled substance in or on, or within 
1,000 feet of, the real property comprising a drug treatment facility, 
or attempting or conspiring to do so, shall, except to the extent a 
greater minimum sentence is provided, be imprisoned for not less than 5 
years nor more than life.
    ``(b) Whoever intentionally offers, solicits, entices, persuades, 
encourages, induces, or coerces a person enrolled 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 
purchase, 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 injury 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 provisions of title 18, or 
$4,000,000 if the defendant is an individual 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. Penalties 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' includes--
                    ``(A) any location at which a practitioner is 
                authorized to dispense narcotic drugs to individuals 
                for maintenance treatment or detoxification treatment 
                under section 303(g) of the Controlled Substances Act 
                (21 U.S.C. 823(g));
                    ``(B) any location at which an individual or entity 
                (other than a general medical care facility) provides 
                drug abuse diagnosis, treatment or referral for 
                treatment; and
                    ``(C) an identified unit within a general medical 
                facility which provides drug abuse diagnosis, 
                treatment, or referral for treatment; and
            ``(2) the term `drug treatment program' includes--
                    ``(A) a practitioner or entity who dispenses 
                narcotic drugs to individuals for maintenance treatment 
                or detoxification treatment under section 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 diagnosis, treatment or 
                referral for treatment; and
                    ``(D) a practitioner or entity who is authorized by 
                the Substance Abuse and Mental Health Services 
                Administration to dispense opioid agonist treatment 
                medication to individuals for maintenance treatment or 
                detoxification 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 relating to section 419 the following new item:

``419a. Protection of persons in drug treatment.''.

SEC. 5. CONFORMING GUIDELINE SENTENCING TO CONSPIRACY LAW.

    Not more than 90 days after the date of the enactment 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 Import 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 
conspiracy, and includes the conduct of members of the conspiracy 
during the defendant's participation in the conspiracy that was known 
to the defendant or was reasonably 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 ASSIST 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 defendant 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 
        information, otherwise obstructed the administration of 
        justice, or delayed affirmative efforts to assist substantially 
        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 RELEVANT CONDUCT.

    Not more than 90 days after the date of the enactment 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 includes 
        application of the section to violations of section 401 or 406 
        of the Controlled Substances Act (21 U.S.C. 841 or 846);
            (2) that the enhancements under Guideline section 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 conspiracy to 
        commit such a violation) and without regard 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 Controlled 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 increase; 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 enactment 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 (including 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 permanent 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 exceed 10 levels; and
            (4) that the specific characteristics under section 2D1.1 
        provide for an increase to the base offense 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 Procedure 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 determines, 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 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 defendant has no right to 
                withdraw the plea if the court does not follow the 
                recommendation or request. The court may only follow 
                the recommendation 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 reasons, 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 decision until the 
                court has reviewed the presentence report. The court 
                may only accept the agreed sentence, and must so advise 
                the defendant, if the agreed sentence is within the 
                applicable guideline range or departs from the 
                applicable guideline range for lawful and justifiable 
                reasons, or that the Attorney General has certified 
                that the agreed sentence is in the national 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 contemplation of the defendant providing 
        substantial assistance 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 conditions pending sentencing is 
        essential to permit such assistance. The judicial officer shall 
        order the defendant detained immediately upon cessation of 
        active cooperation, or upon being sentenced, whichever first 
        occurs. Availability to be interviewed or to testify 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 provided in 
        section 859, 860,''; and
            (2) by striking ``If any person commits a violation 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 section 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 become 
        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 
        subparagraph, 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 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.''.
                                 <all>