[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 762 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 762

 To amend the Controlled Substances Act to increase penalties for the 
  distribution of controlled substances at truck stops and rest areas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1993

   Mr. Clement (for himself, Mr. Tanner, Mr. Gordon, Mr. Gilman, Mr. 
 Shuster, Mr. de Lugo, Mr. Emerson, Mr. Stump, Mr. Skelton, Mr. Barton 
of Texas, Mr. Montgomery, Mr. Durbin, Mr. Lewis of Florida, Mr. Manton, 
 Mr. Oxley, and Mr. Packard) introduced the following bill; which was 
   referred jointly to the Committees on Energy and Commerce and the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act to increase penalties for the 
  distribution of controlled substances at truck stops and rest areas.

    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 ``Drug Free Truck Stop Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the illegal use of controlled substances by operators 
        of private and commercial motor vehicles represents a threat to 
        the safety of all motorists and their passengers on the 
        Nation's roadways; and
            (2) as indicated by numerous studies, congressional 
        hearings, and investigations, individuals often use the areas 
        surrounding roadside truck stops and roadside rest areas as 
        sites for the distribution of these controlled substances to 
        the operators of commercial motor vehicles.

SEC. 3. INCREASED PENALTIES FOR DISTRIBUTION OF CONTROLLED SUBSTANCES 
              AT TRUCK STOPS AND REST AREAS.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
801 et seq.) is amended by inserting after section 408 the following 
new section:

                    ``transportation safety offenses

    ``Sec. 409. (a) Any person who violates section 401(a)(1) or 
section 416 by distributing or possessing with intent to distribute a 
controlled substance in or on, or within 1,000 feet of, a truck stop or 
safety rest area is (except as provided in subsection (b)) punishable--
            ``(1) by a term of imprisonment, or fine, or both, up to 
        twice that authorized by section 401(b) of this title; and
            ``(2) at least twice any term of supervised release 
        authorized by section 401(b) for a first offense.
Except to the extent a greater minimum sentence is otherwise provided 
by section 401(b), a term of imprisonment under this subsection shall 
be not less than one year.
    ``(b) Any person who violates section 401(a)(1) or section 416 by 
distributing or possessing with intent to distribute a controlled 
substance in or on, or within 1,000 feet of, a truck stop or a safety 
rest area after a prior conviction or convictions under subsection (a) 
have become final is punishable--
            ``(1) by the greater of (A) a term of imprisonment of not 
        less than three years and not more than life imprisonment or 
        (B) a term of imprisonment of up to three times that authorized 
        by section 401(b) of this title for a first offense, or a fine 
        up to three times that authorized by section 401(b) of this 
        title for a first offense, or both; and
            ``(2) at least three times any term of supervised release 
        authorized by section 401(b) of this title for a first offense.
    ``(c) In the case of any sentence imposed under subsection (b), 
imposition or execution of such sentence shall not be suspended and 
probation shall not be granted. An individual convicted under 
subsection (b) shall not be eligible for parole under chapter 311 of 
title 18 of the United States Code until the individual has served the 
minimum sentence required by such subsection.
    ``(d) For purposes of this section--
            ``(1) the term `safety rest area' has the meaning given 
        that term in part 752 of title 23, Code of Federal Regulations, 
        as in effect on the date of enactment of this section; and
            ``(2) the term `truck stop' means any facility (including 
        any parking lot appurtenant thereto) with the capacity to 
        provide fuel or service, or both, to any commercial motor 
        vehicle as defined under section 12019(6) of the Commercial 
        Motor Vehicle Safety Act of 1986, operating in commerce as 
        defined in section 12019(3) of such Act, and located adjacent 
        to or within 2,500 feet of a highway on the National System of 
        Interstate and Defense Highways or the Federal-aid primary 
        system.''.
    (b) Conforming Amendment.--Section 401(b) of such Act (21 U.S.C. 
841(b)) is amended by striking ``or 405B'' each place it appears and 
inserting ``405B, or 409''.
    (c) Amendment to Table of Contents.--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 408 the following new 
item:

``Sec. 409. Transportation safety offenses.''.

SEC. 4. SENTENCING COMMISSION GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and section 21 of the Sentencing Act of 
1987 (28 U.S.C. 994 note), the United States Sentencing Commission 
shall promulgate guidelines, or shall amend existing guidelines, to 
provide that a defendant convicted of violating section 409 of the 
Controlled Substances Act, as added by section 3, shall be assigned an 
offense level under chapter 2 of the sentencing guidelines that is--
            (1) two levels greater than the level that would have been 
        assigned for the underlying controlled substance offense; and
            (2) in no event less than level 26.
    (b) Implementation of Instruction.--If the sentencing guidelines 
are amended after the effective date of this section, the Sentencing 
Commission shall implement the instruction set forth in subsection (a) 
so as to achieve a comparable result.
    (c) Offenses Which Could Be Subject to Multiple Enhancements.--The 
guidelines referred to in subsection (a), as promulgated or amended 
under such subsection, shall provide that an offense that could be 
subject to multiple enhancements pursuant to such subsection is subject 
to not more than one such enhancement.

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