I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Drug Free Truck Stop

5 Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
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1 (1) the illegal use of controlled substances by

2 operators of private and commercial motor vehicles

3 represents a threat to the safety of all motorists and

4 their passengers on the Nation’s roadways; and

5 (2) as indicated by numerous studies, congres6 sional hearings, and investigations, individuals often

7 use the areas surrounding roadside truck stops and

8 roadside rest areas as sites for the distribution of

9 these controlled substances to the operators of com10 mercial motor vehicles.

11 SEC. 3. INCREASED PENALTIES FOR DISTRIBUTION OF

12 CONTROLLED SUBSTANCES AT TRUCK STOPS

13 AND REST AREAS.

14 (a) IN GENERAL.—Part D of the Controlled Sub15 stances Act (21 U.S.C. 801 et seq.) is amended by insert16 ing after section 408 the following new section:

17 ‘‘TRANSPORTATION SAFETY OFFENSES

18 ‘‘SEC. 409. (a) Any person who violates section

19 401(a)(1) or section 416 by distributing or possessing

20 with intent to distribute a controlled substance in or on,

21 or within 1,000 feet of, a truck stop or safety rest area

22 is (except as provided in subsection (b)) punishable—

23 ‘‘(1) by a term of imprisonment, or fine, or

24 both, up to twice that authorized by section 401(b)

25 of this title; and
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1 ‘‘(2) at least twice any term of supervised re2 lease authorized by section 401(b) for a first offense.

3 Except to the extent a greater minimum sentence is other4 wise provided by section 401(b), a term of imprisonment

5 under this subsection shall be not less than one year.

6 ‘‘(b) Any person who violates section 401(a)(1) or

7 section 416 by distributing or possessing with intent to

8 distribute a controlled substance in or on, or within 1,000

9 feet of, a truck stop or a safety rest area after a prior

10 conviction or convictions under subsection (a) have become

11 final is punishable—

12 ‘‘(1) by the greater of (A) a term of imprison13 ment of not less than three years and not more than

14 life imprisonment or (B) a term of imprisonment of

15 up to three times that authorized by section 401(b)

16 of this title for a first offense, or a fine up to three

17 times that authorized by section 401(b) of this title

18 for a first offense, or both; and

19 ‘‘(2) at least three times any term of supervised

20 release authorized by section 401(b) of this title for

21 a first offense.

22 ‘‘(c) In the case of any sentence imposed under sub23 section (b), imposition or execution of such sentence shall

24 not be suspended and probation shall not be granted. An

25 individual convicted under subsection (b) shall not be eligi-
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1 ble for parole under chapter 311 of title 18 of the United

2 States Code until the individual has served the minimum

3 sentence required by such subsection.

4 ‘‘(d) For purposes of this section—

5 ‘‘(1) the term ‘safety rest area’ has the mean6 ing given that term in part 752 of title 23, Code of

7 Federal Regulations, as in effect on the date of en8 actment of this section; and

9 ‘‘(2) the term ‘truck stop’ means any facility

10 (including any parking lot appurtenant thereto) with

11 the capacity to provide fuel or service, or both, to

12 any commercial motor vehicle as defined under sec13 tion 12019(6) of the Commercial Motor Vehicle

14 Safety Act of 1986, operating in commerce as de15 fined in section 12019(3) of such Act, and located

16 adjacent to or within 2,500 feet of a highway on the

17 National System of Interstate and Defense High18 ways or the Federal-aid primary system.’’.

19 (b) CONFORMING AMENDMENT.—Section 401(b) of

20 such Act (21 U.S.C. 841(b)) is amended by striking ‘‘or

21 405B’’ each place it appears and inserting ‘‘405B, or

22 409’’.

23 (c) AMENDMENT TO TABLE OF CONTENTS.—The

24 table of contents of the Comprehensive Drug Abuse Pre25 vention and Control Act of 1970 is amended by inserting
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1 after the item relating to section 408 the following new

2 item:

‘‘Sec. 409. Transportation safety offenses.’’.

3 SEC. 4. SENTENCING COMMISSION GUIDELINES.

4 (a) IN GENERAL.—Pursuant to its authority under

5 section 994 of title 28, United States Code, and section

6 21 of the Sentencing Act of 1987 (28 U.S.C. 994 note),

7 the United States Sentencing Commission shall promul8 gate guidelines, or shall amend existing guidelines, to pro9 vide that a defendant convicted of violating section 409

10 of the Controlled Substances Act, as added by section 3,

11 shall be assigned an offense level under chapter 2 of the

12 sentencing guidelines that is—

13 (1) two levels greater than the level that would

14 have been assigned for the underlying controlled

15 substance offense; and

16 (2) in no event less than level 26.

17 (b) IMPLEMENTATION OF INSTRUCTION.—If the sen18 tencing guidelines are amended after the effective date of

19 this section, the Sentencing Commission shall implement

20 the instruction set forth in subsection (a) so as to achieve

21 a comparable result.

22 (c) OFFENSES WHICH COULD BE SUBJECT TO MUL23 TIPLE ENHANCEMENTS.—The guidelines referred to in

24 subsection (a), as promulgated or amended under such

25 subsection, shall provide that an offense that could be sub-
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1 ject to multiple enhancements pursuant to such subsection

2 is subject to not more than one such enhancement.

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