In the Senate of the United States,
October 3, 1996.
Resolved, That the bill from the House of Representa-
tives (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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Drug-Induced Rape Pre-
vention and Punishment Act of 1996’’.
SEC. 2. PROVISIONS RELATING TO USE OF A CONTROLLED
SUBSTANCE WITH INTENT TO COMMIT A
CRIME OF VIOLENCE.
(a) PENALTIES FOR DISTRIBUTION.—Section 401(b) of
the Controlled Substances Act is amended by adding at the
end the following:
‘‘(7) PENALTIES FOR DISTRIBUTION.—
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‘‘(A) IN
GENERAL.—Whoever, with intent to
commit a crime of violence, as defined in section 16
of title 18, United States Code (including rape),
against an individual, violates subsection (a) by dis-
tributing a controlled substance to that individual
without that individual’s knowledge, shall be impris-
oned not more than 20 years and fined in accordance
with title 18, United States Code.
‘‘(B) DEFINITION.—For purposes of this para-
graph, the term ‘without that individual’s knowledge’
means that the individual is unaware that a sub-
stance with the ability to alter that individual’s abil-
ity to appraise conduct or to decline participation in
or communicate unwillingness to participate in con-
duct is administered to the individual.’’.
(b) 
ADDITIONAL
PENALTIES
RELATING
TO
FLUNITRAZEPAM.—
(1) GENERAL PENALTIES.—Section 401 of the
Controlled Substances Act (21 U.S.C. 841) is amend-
ed—
(A) in subsection (b)(1)(C), by inserting ‘‘,
or 1 gram of flunitrazepam,’’ after ‘‘I or II’’;
and
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(B) in subsection (b)(1)(D), by inserting
‘‘or 30 milligrams of flunitrazepam,’’ after
‘‘schedule III,’’.
(2) IMPORT AND EXPORT PENALTIES.—
(A) Section 1009(a) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
959(a)) 
is 
amended 
by 
inserting 
‘‘or
flunitrazepam’’ after ‘‘I or II’’.
(B) Section 1010(b)(3) of the Controlled
Substances Import and Export Act (21 U.S.C.
960(b)) 
is 
amended 
by 
inserting 
‘‘or
flunitrazepam,’’ after ‘‘I or II,’’.
(C) Section 1010(b)(4) of the Controlled
Substances Import and Export Act is amended
by inserting ‘‘(except a violation involving
flunitrazepam)’’ after ‘‘III, IV, or V,’’.
(3) SENTENCING GUIDELINES.—
(A) AMENDMENT
OF
SENTENCING
GUIDE-
LINES.—Pursuant to its authority under section
994 of title 28, United States Code, the United
States Sentencing Commission shall review and
amend, as appropriate, the sentencing guidelines
for offenses involving flunitrazepam.
(B) SUMMARY.—The United States Sentenc-
ing Commission shall submit to the Congress—
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(i) a summary of its review under sub-
paragraph (A); and
(ii) an explanation for any amend-
ment to the sentencing guidelines made
under subparagraph (A).
(C) SERIOUS
NATURE
OF
OFFENSES.—In
carrying out this paragraph, the United States
Sentencing Commission shall ensure that the
sentencing guidelines for offenses involving
flunitrazepam reflect the serious nature of such
offenses.
(c) INCREASED PENALTIES FOR UNLAWFUL SIMPLE
POSSESSION OF FLUNITRAZEPAM.—Section 404(a) of the
Controlled Substances Act (21 U.S.C. 844(a)) is amended
by inserting after ‘‘exceeds 1 gram.’’ the following: ‘‘Not-
withstanding any penalty provided in this subsection, any
person convicted under this subsection for the possession of
flunitrazepam shall be imprisoned for not more than 3
years, shall be fined as otherwise provided in this section,
or both.’’.
SEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM.
(a) STUDY.—The Administrator of the Drug Enforce-
ment Administration shall, in consultation with other Fed-
eral and State agencies, as appropriate, conduct a study
on the appropriateness and desirability of rescheduling
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flunitrazepam as a Schedule I controlled substance under
the Controlled Substances Act (21 U.S.C. 801 et seq.).
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Administrator shall submit
to the Committees on the Judiciary of the House of Rep-
resentatives and the Senate the results of the study con-
ducted under subsection (a), together with any rec-
ommendations regarding rescheduling of flunitrazepam as
a Schedule I controlled substance under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.).
SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DEPART-
MENTS.
The Attorney General may—
(1) create educational materials regarding the
use of controlled substances (as that term is defined
in section 102 of the Controlled Substances Act) in
the furtherance of rapes and sexual assaults; and
(2) disseminate those materials to police depart-
ments throughout the United States.
Attest:
Secretary.