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 Flor-
ida, Mr. MANTON, Mr. OXLEY, and Mr. PACKARD) introduced the follow-
ing 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 pen-
alties for the distribution of controlled substances at
truck stops and rest areas.
Be it enacted by the Senate and House of Representa-
tives 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, congres-
sional 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 com-
mercial 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 Sub-
stances Act (21 U.S.C. 801 et seq.) is amended by insert-
ing 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
ble 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 mean-
ing given that term in part 752 of title 23, Code of
Federal Regulations, as in effect on the date of en-
actment 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 sec-
tion 12019(6) of the Commercial Motor Vehicle
Safety Act of 1986, operating in commerce as de-
fined 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 High-
ways 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 Pre-
vention 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 promul-
gate guidelines, or shall amend existing guidelines, to pro-
vide 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 sen-
tencing 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 MUL-
TIPLE ENHANCEMENTS.—The guidelines referred to in
subsection (a), as promulgated or amended under such
subsection, shall provide that an offense that could be sub-
ject to multiple enhancements pursuant to such subsection
is subject to not more than one such enhancement.
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