Page:United States Statutes at Large Volume 108 Part 3.djvu/235

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PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1987 (4) in subsection (d)(1)(C), by inserting "methamphetamine, its salts, isomers, and salts of its isomers," after "a narcotic drug,"; (5) in subsection (d)(1)(D), by inserting "(A), (B), or" before "(C)"; and (6) in subsection (b), by striking "(c)" each place it appears and inserting "(d)". SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN "DRUG- 42 USC 14051. FREE" ZONES. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to provide an appropriate enhancement for a defendant convicted of violating section 419 of the Controlled Substances Act (21 U.S.C. 860). SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FED- ERAL PRISONS AND FOR SMUGGLING DRUGS INTO FEDERAL PRISONS. (a) DECLARATION OF POLICY.—I t is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation's Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law. (b) SENTENCING GUIDELINES. —Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense— (1) under section 404 of the Controlled Substances Act involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or (2) under section 401(b) of the Controlled Substances Act involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility. (c) No PROBATION. — Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation. SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER RICO. Section 1961(1) of title 18, United States Code, is amended by striking "narcotic or other dangerous drugs" each place it appears and inserting "a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act)". SEC. 90106. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT. (a) Sections 401(b)(1)(B), (C), and (D) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(B), (C), and (D)) and sections 1010(b)(1), (2), and (3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1), (2), and (3)) are each amended in the sentence or sentences l3eginning "If any person commits" by striking "one or more prior convictions" through "have become 42 USC 14052.