[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4137 Enrolled Bill (ENR)]

        H.R.4137

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
    To combat drug-facilitated crimes of violence, including sexual 
                                assaults.

    Be it enacted by the Senate and House of Representatives 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''.

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.--
        ``(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 
    distributing a controlled substance to that individual without that 
    individual's knowledge, shall be imprisoned not more than 20 years 
    and fined in accordance with title 18, United States Code.
        ``(B) Definition.--For purposes of this paragraph, the term 
    `without that individual's knowledge' means that the individual is 
    unaware that a substance with the ability to alter that 
    individual's ability to appraise conduct or to decline 
    participation in or communicate unwillingness to participate in 
    conduct 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 amended--
            (A) in subsection (b)(1)(C), by inserting ``, or 1 gram of 
        flunitrazepam,'' after ``I or II''; and
            (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 Substances 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 guidelines.--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 Sentencing Commission shall 
        submit to the Congress--
                (i) a summary of its review under subparagraph (A); and
                (ii) an explanation for any amendment 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: ``Notwithstanding 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 Enforcement 
Administration shall, in consultation with other Federal and State 
agencies, as appropriate, conduct a study on the appropriateness and 
desirability of rescheduling 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 Representatives and the Senate the 
results of the study conducted under subsection (a), together with any 
recommendations regarding rescheduling of flunitrazepam as a Schedule I 
controlled substance under the Controlled Substances Act (21 U.S.C. 801 
et seq.).

SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS.

    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 departments 
    throughout the United States.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.