; and (2) by adding at the end the following: (g) Inadequacy of criminal history (1) In general If subsection (f) does not apply to a defendant because the defendant does not meet the requirements described in subsection (f)(1) (relating to criminal history), the court may, upon prior notice to the Government, waive subsection (f)(1) if the court specifies in writing the specific reasons why reliable information indicates that excluding the defendant pursuant to subsection (f)(1) substantially overrepresents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes. (2) Prohibition This subsection shall not apply to any defendant who has been convicted of a serious drug felony or a serious violent felony, as those terms are defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (h) Definition of violent offense As used in this section, the term violent offense means a crime of violence, as defined in section 16, that is punishable by imprisonment. . (b) Applicability The amendments made by this section shall apply only to a conviction entered on or after the date of enactment of this Act. 403. Clarification of section 924 (c) of title 18, United States Code (a) In general Section 924(c)(1)(C) of title 18, United States Code, is amended, in the matter preceding clause (i), by striking second or subsequent conviction under this subsection and inserting violation of this subsection that occurs after a prior conviction under this subsection has become final . (b) Applicability to pending cases This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment. 404. Application of Fair Sentencing Act (a) Definition of covered offense In this section, the term covered offense means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of