II
104TH CONGRESS
2D SESSION
H. R. 4137
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 26, 1996
Received
AN ACT
To combat drug-facilitated crimes of violence, including
sexual assaults.
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-Induced Rape
Prevention and Punishment Act of 1996’’.
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SEC. 2. USE OF CONTROLLED SUBSTANCES TO COMMIT
SEXUAL ASSAULT CRIMES OF VIOLENCE
Section 404 of the Controlled Substances Act (21
U.S.C. 844) is amended by inserting ‘‘a person convicted
under this subsection for the possession of a mixture or
substance containing a detectable amount of a controlled
substance, with the intent to administer such mixture or
substance to another person to facilitate a crime of vio-
lence, as defined in section 16 of title 18, United States
Code, (including a sexual assault) against that person,
shall be fined under title 18, United States Code, or im-
prisoned not more than 15 years, or both, and if the victim
or intended victim of the crime of violence is age 14 or
under, shall be imprisoned not more than 20 years, and’’
after ‘‘Notwithstanding the preceding sentence,’’.
SEC. 
3. 
ADDITIONAL 
PENALTIES 
RELATING 
TO
FLUNITRAZEPAM.
(a) GENERAL PENALTIES.—Section 401 of the Con-
trolled Substances Act (21 U.S.C. 841) is amended—
(1) in subsection (b)(1)(A)—
(A) by striking ‘‘or’’ at the end of clause
(vii);
(B) by inserting ‘‘or’’ at the end of clause
(viii);
(C) by inserting after clause (viii) the fol-
lowing:
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‘‘(ix) 1 gram or more of flunitrazepam;’’;
(2) in subsection (b)(1)(B)—
(A) by striking ‘‘or’’ at the end of clause
(vii);
(B) by inserting ‘‘or’’ at the end of clause
(viii);
(C) by inserting after clause (viii) the fol-
lowing:
‘‘(ix) 100 mg or more of flunitrazepam;’’; and
(3) in subsection (b)(1)(C), by inserting ‘‘or
flunitrazepam’’ after ‘‘I or II’’.
(b) IMPORT AND EXPORT PENALTIES.—
(1) 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’’.
(2) Section 1010(b) of the Controlled Sub-
stances Import and Export Act (21 U.S.C 960(b))
is amended—
(A) in paragraph (1)—
(i) by striking ‘‘or’’ at the end of sub-
paragraph (G);
(ii) by inserting ‘‘or’’ at the end of
subparagraph (H);
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(iii) by inserting after subparagraph
(H) the following:
‘‘(I) 1 gram or more of flunitrazepam;’’; and
(B) in paragraph (2)—
(i) by striking ‘‘or’’ at the end of sub-
paragraph (G);
(ii) by inserting ‘‘or’’ at the end of
subparagraph (H);
(iii) by inserting after subparagraph
(H) the following:
‘‘(I) 100 mg or more of flunitrazepam;’’
and
(C) in paragraph (3), by inserting ‘‘or
flunitrazepam’’ after ‘‘I or II,’’.
(3) Section 1010(b)(4) of the Controlled Sub-
stances Import and Export Act is amended by in-
serting 
‘‘(except 
a 
violation 
involving
flunitrazepam)’’ after ‘‘III, IV, or V,’’.
SEC. 4. SENTENCING GUIDELINES.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing
Commission shall review and amend the sentencing guide-
lines for offenses involving flunitrazepam. The Commis-
sion shall submit to Congress a summary of its review,
and an explanation for any amendment to the sentencing
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guidelines made pursuant to this section. In carrying out
this section, the Commission shall ensure that the sentenc-
ing guidelines for such offenses reflect the serious nature
of such offenses.
SEC. 5. STUDY ON RESCHEDULING FLUNITRAZAPAM.
The Administrator of the Drug Enforcement Admin-
istration shall conduct a study on the appropriateness and
desirability of rescheduling flunitrazapam as a Schedule
I controlled substance under the Controlled Substances
Act (21 U.S.C. 801 et seq.), and shall consult with other
Federal and State agencies as appropriate. Not later than
180 days after the date of the enactment of this Act, the
Administrator shall submit the results of such study, to-
gether with any recommendations as to such rescheduling,
to the Committees on the Judiciary of the House of Rep-
resentatives and the Senate.
SEC. 6. EDUCATIONAL PROGRAM FOR POLICE DEPART-
MENTS.
The Attorney General is authorized to create edu-
cational materials regarding the use of controlled sub-
stances in the furtherance of rapes and sexual assaults
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and disseminate those materials to police departments
throughout the United States.
Passed the House of Representatives September 26,
1996.
Attest:
ROBIN H. CARLE,
Clerk.