34 U.S.C. § 12521 — Increased penalties for drug-dealing in

Page 396 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12521 div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade. SUBCHAPTER IV—DRUG CONTROL § 12521. Increased penalties for drug-dealing in ‘‘drug-free’’ zones Pursuant to its authority under section 994 of title 28, the United States Sentencing Commis- sion shall amend its sentencing guidelines to provide an appropriate enhancement for a de- fendant convicted of violating section 860 of title 21. (Pub. L. 103–322, title IX, § 90102, Sept. 13, 1994, 108 Stat. 1987.) Editorial Notes CODIFICATION Section was formerly classified to section 14051 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section is comprised of section 90102 of Pub. L. 103–322 which is also listed in a table relating to sen- tencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure. § 12522. Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons (a) Declaration of policy It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be toler- ated 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, the United States Sentencing Commis- sion shall amend its sentencing guidelines to ap- propriately enhance the penalty for a person convicted of an offense— (1) under section 844 of title 21 involving simple possession of a controlled substance within a Federal prison or other Federal de- tention facility; or (2) under section 841(b) of title 21 involving the smuggling of a controlled substance into a Federal prison or other Federal detention fa- cility or the distribution or intended distribu- tion 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 of- fense described in subsection (b) to probation. (Pub. L. 103–322, title IX, § 90103, Sept. 13, 1994, 108 Stat. 1987.) Editorial Notes CODIFICATION Section was formerly classified to section 14052 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section is comprised of section 90103 of Pub. L. 103–322. Subsec. (b) of section 90103 of Pub. L. 103–322 is also listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Ju- dicial Procedure. § 12523. Violent crime and drug emergency areas (a) Definitions In this section— ‘‘major violent crime or drug-related emer- gency’’ means an occasion or instance in which violent crime, drug smuggling, drug trafficking, or drug abuse violence reaches such levels, as determined by the President, that Federal assistance is needed to supple- ment State and local efforts and capabilities to save lives, and to protect property and pub- lic health and safety. ‘‘State’’ means a State, the District of Co- lumbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Is- lands. (b) Declaration of violent crime and drug emer- gency areas If a major violent crime or drug-related emer- gency exists throughout a State or a part of a State, the President may declare the State or part of a State to be a violent crime or drug emergency area and may take appropriate ac- tions authorized by this section. (c) Procedure (1) In general A request for a declaration designating an area to be a violent crime or drug emergency area shall be made, in writing, by the chief ex- ecutive officer of a State or local government, respectively (or in the case of the District of Columbia, the mayor), and shall be forwarded to the Attorney General in such form as the Attorney General may by regulation require. One or more cities, counties, States, or the District of Columbia may submit a joint re- quest for designation as a major violent crime or drug emergency area under this subsection. (2) Finding A request made under paragraph (1) shall be based on a written finding that the major vio- lent crime or drug-related emergency is of such severity and magnitude that Federal as- sistance is necessary to ensure an effective re- sponse to save lives and to protect property and public health and safety. (d) Irrelevancy of population density The President shall not limit declarations made under this section to highly populated centers of violent crime or drug trafficking, drug smuggling, or drug use, but shall also con- sider applications from governments of less pop- ulated areas where the magnitude and severity of such activities is beyond the capability of the State or local government to respond. (e) Requirements As part of a request for a declaration under this section, and as a prerequisite to Federal violent crime or drug emergency assistance under this section, the chief executive officer of a State or local government shall— (1) take appropriate action under State or local law and furnish information on the na- ture and amount of State and local resources that have been or will be committed to alle-