[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4137 Received in Senate (RDS)]







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 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. 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 violence, 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 imprisoned 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 Controlled 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 following:
            ``(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 following:
            ``(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 Substances 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 Substances Import and 
        Export Act (21 U.S.C 960(b)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``or'' at the end of 
                        subparagraph (G);
                            (ii) by inserting ``or'' at the end of 
                        subparagraph (H);
                            (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 
                        subparagraph (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 Substances Import 
        and Export Act is amended by inserting ``(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 guidelines for offenses involving flunitrazepam. 
The Commission shall submit to Congress a summary of its review, and an 
explanation for any amendment to the sentencing guidelines made 
pursuant to this section. In carrying out this section, the Commission 
shall ensure that the sentencing guidelines for such offenses reflect 
the serious nature of such offenses.

SEC. 5. STUDY ON RESCHEDULING FLUNITRAZAPAM.

    The Administrator of the Drug Enforcement Administration 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, together with any recommendations as 
to such rescheduling, to the Committees on the Judiciary of the House 
of Representatives and the Senate.

SEC. 6. EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS.

    The Attorney General is authorized to create educational materials 
regarding the use of controlled substances in the furtherance of rapes 
and sexual assaults and disseminate those materials to police 
departments throughout the United States.

            Passed the House of Representatives September 26, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.