In the Senate of the United States,

October 3, 1996.

Resolved, That the bill from the House of Representatives (H.R. 4137) entitled ‘‘An Act to combat drug-facilitated

crimes of violence, including sexual assaults.’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Drug-Induced Rape Pre3 vention and Punishment Act of 1996’’.

4 SEC. 2. PROVISIONS RELATING TO USE OF A CONTROLLED

5 SUBSTANCE WITH INTENT TO COMMIT A

6 CRIME OF VIOLENCE.

7 (a) PENALTIES FOR DISTRIBUTION.—Section 401(b) of

8 the Controlled Substances Act is amended by adding at the

9 end the following:

10 ‘‘(7) PENALTIES FOR DISTRIBUTION.—
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1 ‘‘(A) IN GENERAL.—Whoever, with intent to

2 commit a crime of violence, as defined in section 16

3 of title 18, United States Code (including rape),

4 against an individual, violates subsection (a) by dis5 tributing a controlled substance to that individual

6 without that individual’s knowledge, shall be impris7 oned not more than 20 years and fined in accordance

8 with title 18, United States Code.

9 ‘‘(B) DEFINITION.—For purposes of this para10 graph, the term ‘without that individual’s knowledge’

11 means that the individual is unaware that a sub12 stance with the ability to alter that individual’s abil13 ity to appraise conduct or to decline participation in

14 or communicate unwillingness to participate in con15 duct is administered to the individual.’’.

16 (b) ADDITIONAL PENALTIES RELATING TO

17 FLUNITRAZEPAM.—

18 (1) GENERAL PENALTIES.—Section 401 of the

19 Controlled Substances Act (21 U.S.C. 841) is amend20 ed—

21 (A) in subsection (b)(1)(C), by inserting ‘‘,

22 or 1 gram of flunitrazepam,’’ after ‘‘I or II’’;

23 and
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1 (B) in subsection (b)(1)(D), by inserting

2 ‘‘or 30 milligrams of flunitrazepam,’’ after

3 ‘‘schedule III,’’.

4 (2) IMPORT AND EXPORT PENALTIES.—

5 (A) Section 1009(a) of the Controlled Sub6 stances Import and Export Act (21 U.S.C.

7 959(a)) is amended by inserting ‘‘or

8 flunitrazepam’’ after ‘‘I or II’’.

9 (B) Section 1010(b)(3) of the Controlled

10 Substances Import and Export Act (21 U.S.C.

11 960(b)) is amended by inserting ‘‘or

12 flunitrazepam,’’ after ‘‘I or II,’’.

13 (C) Section 1010(b)(4) of the Controlled

14 Substances Import and Export Act is amended

15 by inserting ‘‘(except a violation involving

16 flunitrazepam)’’ after ‘‘III, IV, or V,’’.

17 (3) SENTENCING GUIDELINES.—

18 (A) AMENDMENT OF SENTENCING GUIDE19 LINES.—Pursuant to its authority under section

20 994 of title 28, United States Code, the United

21 States Sentencing Commission shall review and

22 amend, as appropriate, the sentencing guidelines

23 for offenses involving flunitrazepam.

24 (B) SUMMARY.—The United States Sentenc25 ing Commission shall submit to the Congress—
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1 (i) a summary of its review under sub2 paragraph (A); and

3 (ii) an explanation for any amend4 ment to the sentencing guidelines made

5 under subparagraph (A).

6 (C) SERIOUS NATURE OF OFFENSES.—In

7 carrying out this paragraph, the United States

8 Sentencing Commission shall ensure that the

9 sentencing guidelines for offenses involving

10 flunitrazepam reflect the serious nature of such

11 offenses.

12 (c) INCREASED PENALTIES FOR UNLAWFUL SIMPLE

13 POSSESSION OF FLUNITRAZEPAM.—Section 404(a) of the

14 Controlled Substances Act (21 U.S.C. 844(a)) is amended

15 by inserting after ‘‘exceeds 1 gram.’’ the following: ‘‘Not16 withstanding any penalty provided in this subsection, any

17 person convicted under this subsection for the possession of

18 flunitrazepam shall be imprisoned for not more than 3

19 years, shall be fined as otherwise provided in this section,

20 or both.’’.

21 SEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM.

22 (a) STUDY.—The Administrator of the Drug Enforce23 ment Administration shall, in consultation with other Fed24 eral and State agencies, as appropriate, conduct a study

25 on the appropriateness and desirability of rescheduling
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1 flunitrazepam as a Schedule I controlled substance under

2 the Controlled Substances Act (21 U.S.C. 801 et seq.).

3 (b) REPORT.—Not later than 180 days after the date

4 of the enactment of this Act, the Administrator shall submit

5 to the Committees on the Judiciary of the House of Rep6 resentatives and the Senate the results of the study con7 ducted under subsection (a), together with any rec8 ommendations regarding rescheduling of flunitrazepam as

9 a Schedule I controlled substance under the Controlled Sub10 stances Act (21 U.S.C. 801 et seq.).

11 SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DEPART12 MENTS.

13 The Attorney General may—

14 (1) create educational materials regarding the

15 use of controlled substances (as that term is defined

16 in section 102 of the Controlled Substances Act) in

17 the furtherance of rapes and sexual assaults; and

18 (2) disseminate those materials to police depart19 ments throughout the United States.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 4137

AMENDMENT