Page:United States Statutes at Large Volume 108 Part 3.djvu/295

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PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 2047 "(A) has the capacity to provide fuel or service, or «r both, to any commercial motor vehicle (as defined in section 31301 of title 49, United States Code), operating in commerce (as defined in that section); and "(B) is located within 2,500 feet of the National System of Interstate and Defense Highways or the Federal-Aid Primary System. "(b) FIRST OFFENSE. — ^A 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)) subject to— "(1) twice the maximum punishment authorized by section 401(b); and "(2) twice any term of supervised release authorized by section 401(b) for a first offense. "(c) SUBSEQUENT OFFENSE.—A 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 subject to— "(1) 3 times the maximum punishment authorized by section 401(b); and "(2) 3 times any term of supervised release authorized by section 401(b) for a first offense.". (2) TECHNICAL AMENDMENTS. — (A) CROSS REFERENCE. —Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by inserting "409," before "418," each place it appears. (B) TABLE OF CONTENTS.— The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by striking the item relating to section 409 and inserting the following new item: "Sec. 409. Transportation safety offenses.". (c) SENTENCING GUIDELINES.— Pursuant to its authority under 28 USC 994 note, 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 an appropriate enhancement of punishment for a defendant convicted of violating section 409 of the Controlled Substances Act, as added by subsection (b). Subtitle C—Sense of Congress Regarding Funding for Rural Areas SEC. 180301. FUNDING FOR RURAL AREAS. It is the sense of Congress that— (1) the Attorney General should ensure that funding for programs authorized by the provisions of this Act and amendments made by this Act is distributed in such a manner that rural areas continue to receive comparable support for their broad-based crime fighting initiatives;