[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9590-S9594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself and Mrs. Hutchison):
  S. 2040. A bill to amend the Controlled Substances Act to provide a 
penalty for the use of a controlled substance with the intent to rape, 
and for other purposes; to the Committee on the Judiciary.


              the drug-induced rape prevention act of 1996

  Mr. HATCH. Mr. President, I rise today to introduce S. 2040, a bill 
to prevent the use of controlled substances to facilitate rape. This 
bill is to strike back at those who would use controlled substances to 
engage in the most reprehensible of crimes. Joining me in cosponsorship 
of this legislation is Senator Hutchison.
  Mr. President, earlier in the year as a member of the congressional 
task force on national drug policy, I joined in issuing a report, 
``Setting the Course: A National Drug Strategy.'' This report noted 
that every survey of teenage drug use in the past two years indicates 
not only increasing use of dangerous drugs among teens, but a 
disturbing change in the attitudes teens have about the dangers of drug 
use.
  Two very important surveys have confirmed that teenage drug abuse is 
on the rise.
  The first study is the national high school report, Monitoring the 
Future, which surveys over 50,000 students in some 400 public and 
private secondary schools. The second study is the annual survey by the 
Parents' Resource Institute for Drug Education, which surveys nearly 
200,000 ninth to twelfth graders.
  While these studies focused on the use of marijuana, the use of 
hallucinogens, stimulants, and other drugs are also on the rise. 
According to reports by the Center on Addiction and Substance Abuse, 
adolescents who use marijuana are 85 times more likely to move to other 
dangerous drugs, such as cocaine.
  As a recent report that we issued from the Judiciary Committee, 
Losing Ground Against Drugs noted:

       The implication for public policy is clear. If such 
     increases are allowed to continue for just two more years, 
     America will be at risk of returning to the epidemic drug use 
     of the 1970's.

  While the overwhelming abuse of drugs by teenagers focuses on illicit 
drugs, the illegal diversion and misuse of medicines is also a growing 
problem in our country.
  During the past few years, there has been increasing abuse of a drug 
called rohypnol. Rohypnol is not approved for marketing in the United 
States but it is a legitimate therapeutic agent that is approved for 
use in several countries to treat sleep disorders.
  According to a report from the Haight Ashbury Free Clinic, several 
abuse patterns of rohypnol have evolved in the United States.
  Rohypnol is being abused by heroin addicts as an enhancing agent for 
low-quality heroin, as well as in combination with cocaine. In some 
areas it is referred to as a ``club drug''--where it is used by so 
called ``recreational'' users who intermittently abuse a variety of 
substances.
  However, the most disturbing use of rohypnol is its use to facilitate 
the rape of women. Reports continue to be made that rohypnol has been 
illicitly put into the drinks of unsuspecting victims before they are 
sexually assaulted.
  I believe that the Federal Government must show that it will not 
tolerate the use of this drug--or any drug--to facilitate rape. I 
believe it is necessary and appropriate to establish a new provision 
that establishes tough penalties for the use of any controlled 
substance to facilitate rape.
  Rohypnol abuse was initially reported in Florida and Texas, but its 
use has now become more widespread.
  In an effort to stem the illegal flow of rohypnol into the United 
States, the U.S. Customs Service developed and implemented a ban on the 
importation of rohypnol into the United States.
  Unfortunately, the problem continues to grow.
  Rohypnol is a member of the widely-used class of prescription 
medications known as benzodiazapines. This class of drugs is used to 
treat sleep disorders, anxiety disorders and to control seizures, among 
other purposes. When used for legitimate medical purposes, this class 
of drugs is vital to the physical and mental health of thousands of 
Americans.
  The Controlled Substances Act establishes five schedules of 
controlled substances, based primarily upon a drug's relative potential 
for abuse. Drugs listed in schedules I and II are those with the 
highest potential for abuse, while drugs listed in schedule V are those 
with the lowest potential for abuse.
  Rohypnol is currently listed in Schedule IV of the Controlled 
Substances Act. In addition to rohypnol, more than twenty other 
benzodiazepine substances are listed as a Schedule IV substance.
  Rohypnol is not marketed or manufactured in the United States. While 
not legally available for legitimate medical uses in the United States, 
rohypnol is widely used for legitimate medical purposes in many 
countries throughout the world.
  In response to reports that the incidence of abuse of rohypnol was 
increasing, the Drug Enforcement Administration instituted the formal 
rescheduling process for this substance by submitting a formal request 
on April 11, 1996 to the Food and Drug Administration to conduct an 
evaluation of the scientific and medical evaluation of this substance. 
That evaluation is ongoing.
  In a letter from Health and Human Services Secretary Donna E. Shalala 
to me on July 24, 1996, Secretary Shalala informed me that the goal of 
the rescheduling process was to make rohypnol subject to increased 
penalties for illicit use and trafficking.
  Since this particular drug has become a leading agent of abuse and 
the focus of this debate, I agree with Secretary Shalala that it is 
appropriate to increase the penalties for illegal trafficking in 
rohypnol. This bill does that.
  However, I am concerned about the precedent that rescheduling would 
have on this very useful class of medicines. I fee a more appropriate--
and rapid--method to respond to this crisis is to implement the 
increased penalties

[[Page S9594]]

for illegal trafficking in rohypnol without having Congress circumvent 
the well-established process for rescheduling a substance.
  As I mentioned previously, the rescheduling process requires a 
careful scientific and medical evaluation of the substance. This 
evaluation is completed by the FDA in consultation with HHS' National 
Institute on Drug Abuse. Congress does not have the resources or 
expertise to complete such an evaluation, and by considering 
rescheduling may establish an unintentional precedent with regard to 
scheduling of controlled substances which we may regret later on.
  I believe that the Drug-Induced Rape Prevention Act of 1996 provides 
for a rapid, measured response to the problem that the abuse of 
rohypnol has presented, without establishing an unintended role for 
Congress with regard to the scheduling of controlled substances. I urge 
that this legislation be considered when we reconvene next month.
  Mr. President, I ask unanimous consent that the text of the bill and 
a section-by-section analysis be place in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2040

       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 
     Act of 1996''.

     SEC. 2. PENALTIES FOR DISTRIBUTION OF A CONTROLLED SUBSTANCE 
                   WITH INTENT TO RAPE.

       Section 401(b) of the Controlled Substances Act is amended 
     by adding at the end the following:
       ``(7)(A) Whoever, with intent to rape 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 as provided under title 18, United States Code.
       ``(B) As used in this paragraph--
       ``(i) the term `intent to rape' means the intent to 
     facilitate conducted defined in section 2241(b) or 2242(2) of 
     title 18, United States Code; and
       ``(ii) 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.''.

     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)(C), by inserting ``or 1 gram of 
     flunitrazepam'' after ``I or II''; and
       (2) in subsection (b)(1)(D), by inserting ``or 30 
     milligrams of flunitrazepam,'' after ``schedule III,''.
       (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)(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,''.
       (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,''.
       (c) Sentencing Guidelines.--The United States Sentencing 
     Commission shall amend the Sentencing Guidelines so that one 
     dosage unit of flunitrazepam shall be equivalent to one gram 
     of marihuana for determining the offense level under the Drug 
     Quantity Table.
                                                                    ____

       Section 1. Short Title: Establishes the title of the bill 
     as the ``Drug-Induced Rape Prevention Act of 1996.''
       Section 2. Penalties for Distribution of a Controlled 
     Substance with Intent to Rape: Creates a specific violation 
     under the Controlled Substances Act (CSA) for unlawful 
     distribution, with the intent to rape, of a controlled 
     substance to a person without that person's knowledge. The 
     penalty will be up to 20 years without probation, and fines 
     will be imposed of up to two million dollars for an 
     individual. The definition of ``intent to rape'' is provided 
     in section 2241(b) or 2242(2) of Title 18, U.S.C. and is 
     referenced in this bill.
       Section 3. Additional Penalties Relating to Flunitrazepam:
       (a) General Penalties.--Provides enhanced penalties for 
     manufacturing, distributing, dispensing, or possessing with 
     the intent to manufacture, dispense or distribute large 
     quantities of the drug flunitrazepam (marketed under the name 
     ``Rohypnol''). One gram or more of flunitrazepam will carry a 
     penalty of not more than 20 years in prison, and 30 
     milligrams a penalty of not more than five years in prison.
       (b) Import and Export Penalties.--Extends the so-called 
     ``long-arm'' provisions of 21 U.S.C. 959(a) to the unlawful 
     manufacture and distribution of flunitrazepam outside the 
     United States with the intent to import it unlawfully into 
     this country.
       (c) Sentencing Guidelines.--Directs the U.S. Sentencing 
     Commission to amend the Sentencing Guidelines so that 
     flunitrazepam will be subject to the same base offense level 
     as schedule I or II depressants.
                                 ______