[Congressional Record Volume 142, Number 118 (Tuesday, September 3, 1996)]
[Senate]
[Page S9743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN:
  S. 2050. A bill to provide an enhanced penalty for distribution of 
controlled substances to recovering addicts; to the Committee on the 
Judiciary.


                  THE RECOVERING ADDICT PROTECTION ACT

 Mr. BIDEN. Mr. President, as anyone familiar with substance 
abuse treatment knows, recovery from addiction is a one-day-at-a-time 
procedure--often recovering addicts literally struggle on a daily basis 
to resist the temptation to use drugs. In recognition of this daily 
struggle, many treatment and 12-step programs run daily group meetings 
for those in treatment to gain support and help from others who are 
also committed to staying sober.
  Unfortunately, as has become all too clear in all areas of drug 
policy, the people who traffic in drugs are unscrupulously cunning in 
constantly finding new ways to increase the number of people buying and 
becoming addicted to drugs. One of the easiest targets for drug dealers 
looking to increase their number of customers are the people most 
vulnerable to the temptations of drugs--recovering addicts.
  Because those in treatment are often so easily tempted and because 
once they purchase drugs they are likely to become regular customers as 
their addiction retakes hold full force, they are, perversely, the most 
sought-after clients for drug dealers, representing a steady and high-
consumption consumer base.
  It is obviously a problem every time a drug dealer sells narcotics to 
anyone. It is an even greater problem when drug dealers try to increase 
their profits by targeting the most susceptible and weakest members of 
our society. Recognizing this, Congress created drug-free school zones 
which recognized that drug dealers were finding schools a good place to 
target potential new customers--susceptible children--where they were 
most likely to be and where there are a lot of them together. Drug 
traffickers caught selling drugs in these areas are subject to harsher 
penalties than for selling outside of these areas.
  This step to protect our children has obviously not completely solved 
the problem of youth drug abuse, but it has increased the chances that 
children can avoid being pressured by drug dealers into trying drugs. 
The same type of protection needs to be given to those similarly 
susceptible to coercion by drug dealers--recovering addicts. This type 
of tactic is a common occurrence, and it undermines the entire 
treatment community's efforts.

  In addition, many recovering addicts are targeted in the very places 
they should be most safe: their recovery meetings. It is unfortunately 
easy for a dealer to attend a meeting such as Narcotics Anonymous, 
listen to the other attendees, discover who is most vulnerable to a 
relapse, and approach those people after the meeting in order to expand 
their client base.
  The people targeted are obviously in the unfortunate position of the 
dealer having heard them in the meeting discussing how tempted they 
are, what they are craving, and why. It is then very easy for the drug 
dealer to pretend to be a fellow recovering addict concerned about the 
addict's struggle and willing to stay after the meeting to talk 
further--with the intention of getting the person alone and then 
offering drugs, often free of charge, in the hopes that the 
unsuspecting addict is drawn into the drug abusing lifestyle once 
again, thereby becoming a regular paying customer.
  In an even more simple scheme, drug dealers often track down former 
customers after they have entered a treatment program. The drug dealer 
then becomes a constant presence in the recovering person's life--
calling them, coincidentally running into them on the street, and 
showing up places they know the addict will be. These dealers know it 
is only a matter of time before the recovering addict has a weak or 
particularly difficult day, and the dealer wants to be sure the 
addict's temptation leads to a return to regular drug abuse.
  For these reasons, I am now introducing a bill to send a strong 
message to drug dealers and to severely punish those who don't heed the 
warning: ``stay away from recovering addicts who are trying to put 
their lives back together.''
  My bill directs the Sentencing Commission to increase penalties for 
drug distributors who intentionally target recovering addicts. This 
will send the clear signal to drug dealers to stay away from treatment 
meetings, former customers who are now in treatment, and anyone else 
they know is committed to kicking their addiction.
  It also sends the right message to those drug addicts who are trying 
to regain their lives--that society is behind them; that we recognize 
their admirable struggle; that we are willing and able to help them 
resist the temptation to return to drug abuse; that we want them to 
succeed in staying drug free; and that we will punish those who 
knowingly try to make them fail.
  This is a simple yet vital piece of legislation in our fight against 
drugs, and I urge my colleagues to join me in this effort.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2050

       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 ``Recovering Addict Protection 
     Act of 1996''.

     SEC. 2. ENHANCED PENALTY FOR DISTRIBUTION OF CONTROLLED 
                   SUBSTANCES TO RECOVERING ADDICTS.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall promulgate guidelines or amend 
     existing guidelines to provide an appropriate enhancement of 
     the punishment for a defendant convicted of violating section 
     401(a)(1) of the Controlled Substances Act (21 U.S.C. 
     841(a)(1)) if the defendant distributes, dispenses, or 
     possesses with intent to distribute or dispense, a controlled 
     substance to a person the defendant knows or should know is a 
     recovering narcotics addict.
       (b) Recovering Narcotics Addict.--For purposes of 
     subsection (a), the term ``recovering narcotics addict'' 
     means any individual who--
       (1)(A) has previously habitually used any narcotic drug, as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802(17)), so as to endanger the public morals, health, 
     safety, or welfare; or
       (B) who has been so far addicted to the use of such 
     narcotic drug as to have lost the power of self-control with 
     reference to such addiction; and
       (2) has stopped using such narcotic drug by engaging in 
     treatment as defined in section 2901(d) of title 28, United 
     States Code.
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