[Congressional Record Volume 142, Number 134 (Wednesday, September 25, 1996)]
[House]
[Pages H11122-H11126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DRUG-INDUCED RAPE PREVENTION AND PUNISHMENT ACT OF 1996

  Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4137) to combat drug-facilitated crimes of violence, 
including sexual assaults.
  The Clerk read as follows:

                               H.R. 4137

       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 (vii);
       (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 (vii);
       (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''.

[[Page H11123]]

       (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 FLUNITRAZEPAM.

       The Administrator of the Drug Enforcement Administration 
     shall 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.), 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida [Mr. McCollum] and the gentleman from New York [Mr. Schumer] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida [Mr. McCollum].


                             general leave

  Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, they call it ``the forget pill'' or ``the date-rape 
drug.'' Technically known as flunitrazepam, better known by its trade 
name Rohypnol, this inexpensive drug is being used by sexual predators 
to incapacitate their victims before they are raped.
  Rohypnol is colorless, odorless, tasteless and dissolves quickly and 
easily in alcohol. In fact, alcohol enhances the drug's intoxicating 
effects, and leaves the victim utterly helpless and vulnerable to rape.
  Mr. Speaker, what makes the use of this drug even more vile and 
contemptible is that victims are likely to suffer amnesia. This makes 
it impossible for them to recount to law enforcement the circumstances 
surrounding the rape. These victims suffer the knowledge that they have 
been sexually assaulted--they just can't remember or explain how it 
happened.
  The distribution and abuse of this drug is a particularly big problem 
in my home State of Florida, From 1990 to 1992, there were 14 State and 
local law enforcement cases involving flunitrazepam, and the drug was 
found almost exclusively in the Dade County area. By 1995, the number 
of cases had escalated to in excess of 480. Moreover, as law 
enforcement encounters indicate, the drug has now spread all over the 
State of Florida.
  This drug has been frequently found at nightclubs and college 
parties. It is also horrifying to learn that distribution of this drug 
has been discovered at junior and senior high schools--in Florida, as 
well as in numerous other States. The drug has also been adopted by 
street gang members across the country. In Texas, street gangs have 
been known to administer Rohypnol to females in order to commit gang 
rape as part of the initiation into a gang.

  Although it is approved in other countries for short-term treatment 
of anxiety and sleep disorders, this drug is not currently approved by 
the Food and Drug Administration for marketing in the United States. 
According to the Drug Enforcement Administration, Rohypnol is being 
smuggled in from Mexico and other Latin America countries.
  This drug is currently listed as a Schedule IV drug on the Controlled 
Substances Act. Schedule IV drugs are drugs with accepted medical uses 
and low potential for abuse. The DEA has suggested that the drug be 
moved to Schedule I--which are drugs with no currently accepted medical 
uses in the United States and which have a high potential for abuse. 
The difficulty in deciding whether to reschedule flunitrazepam is that 
the drug has some accepted medical uses--it is prescribed legally in 64 
other countries. This bill will substantially increase the penalties 
for manufacturing or distributing flunitrazepam, to give law 
enforcement the muscle it needs to prosecute these cases. However, it 
also directs the Administrator of the DEA to conduct a thorough study 
on the appropriateness and desirability of rescheduling flunitrazepam 
to a Schedule I controlled substance. The Administrator is given 6 
months to conduct this study, and I fully expect Congress to revisit 
this issue when that report is completed. As chairman of the Crime 
Subcommittee, I intend to hold a hearing on the DEA's report shortly 
after it's received.
  It is entirely possible that other drugs may now exist, or may come 
along in the future, which have the same properties as Rohypnol. This 
legislation address those drugs, by making it illegal to posses a 
controlled substance with the intent to administer that substance to 
facilitate a crime of violence. If a victim is under the age of 14, the 
penalties are even higher. This bill ensures that whatever new ``date-
rape drug'' may come along, the penalties are there for any sexual 
predator who may try and use it.
  The bill also directs the Sentencing Commission to recommend 
additional penalties for the distribution of various quantities of 
flunitrazepam, and authorizes the Attorney General to create 
educational materials regarding the use of controlled substances in 
furtherance of rapes.
  Mr. Speaker, we have a short time left in this Congress, and it would 
be a tragedy if we did not pass such a significant and important piece 
of legislation. This bill can help put a stop to the abhorrent practice 
of incapacitating woman for the purpose of sexual assault. I commend 
the gentleman from New York [Mr. Solomon] for being the force 
responsible for getting this bill to the floor today. I strongly urge 
my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCHUMER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the bill, even though I believe 
that it does not go far enough.
  Mr. Speaker, this bill is aimed at an alarming growth in the domestic 
abuse of a drug popularly known as ``the date rape drug.''
  This drug, technically known as flunitrazepam is a sedative and a 
hypnotic. Although it is marketed abroad, it is not legally available 
in the United States.
  It is marketed under a variety of trade names, the most widely used 
being Roche Pharmaceutical's ``Rohypnol.'' It is known on the street by 
slang names such as ``roofies,'' ``ropies,'' and ``ropes.''
  Rohypnol enters this country through a variety of channels, and 
substantial evidence of abuse has emerged. This abuse includes: use by 
high school teenagers and college students to increase and prolong 
highs from alcohol; use by heroin addicts to boost heroin highs; use by 
cocaine users to parachute down from a cocaine binge, and use as an aid 
in the commission of rape. This abuse has earned it the infamous names 
of the date rape drug.
  The use of Rohypnol in rape stems from the fact that the drug--
especially

[[Page H11124]]

in combination with other depressants--puts the victim in a virtual 
stupor, with profound sedation, impaired motor control, and adversely 
altered mental judgment and behavior. And it also induces amnesia, so 
that the victim cannot accurately remember what happened to her.
  Mr. Speaker, the bill before us is a watered down version of what the 
full Judiciary Committee approved just last week. At that time, the 
committee voted to raise the drug's classification from what is known 
as schedule four--with relatively weak penalties--to schedule one--with 
the toughest penalties applicable to any controlled substance.
  Somehow, between then and today, the majority was persuaded to weaken 
this bill, and to take out the rescheduling provision. There is no way 
to describe this but a cave in to the demands of the pharmaceutical 
industry.
  I regret that the majority backed down in the face of heavy, behind-
the-scenes lobbying and brought this weak measure to the floor.
  Nevertheless, because it does substantially increase penalties for 
the use of controlled substances in crimes of violence, including rape, 
I will support the measure and urge my colleagues to vote for it.
  However, I hope that the next Congress, perhaps with a change in 
leadership, will stand up to the special interests and get even tougher 
on this dangerous drug. Maybe we will even do it without a change in 
leadership because it is the right thing to do no matter who takes 
over.

                              {time}  1845

  Mr. Speaker, I yield such time as she may consume to the gentlewoman 
from Texas [Ms. Jackson-Lee].
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman from New 
York, Mr. Schumer. And might I say that there is much to say about 
this, but I will certainly contain my remarks.
  This is a very serious matter that is made more serious by a recent 
incident in my community. I hope this brings home the importance of 
this legislation, albeit I am concerned with the mysterious way that it 
has changed from being a schedule 4 circumstance to a schedule 1.
  That is, a young lady, a teenager, healthy, academically inclined, an 
athlete, respected in her community, had much life before her, 
tragically lost her life in the last 2 months because of a so-called 
date rape drug.
  Having come home from a volleyball camp and just wanting to spend 
some time with her friends at one of the local teenage clubs, where no 
alcohol, might I say, was served, but having spent a few hours there 
and drinking whatever the soft drinks were that were there, went home 
around midnight and failed to wake up. The tragedy was even prolonged, 
for it took a month before it was determined, the cause of death.
  All of her family members were shocked. They certainly knew that this 
was not a drug abuser, and they certainly knew that this young lady had 
much to live for. But tragically, it was determined, after law 
enforcement notified some of the officials dealing with the autopsy, 
that they might just look into this so-called date rape drug, and there 
it was, that this particular healthy teenager died because of a tragic 
use of this type of drug.
  So it is very important to recognize that we can say no, we can say, 
just do not do it, but this is a drug that needs the pointed focus of 
this House of Representatives.
  The drug is odorless, it is colorless, it is tasteless, and it causes 
sedation and euphoric effects within 15 minutes. In the instance in my 
community, this young lady had a terrible headache. Afraid to tell her 
parents what had happened, that she had been out when she should have 
been at home, she tragically went to bed and did not wake up.
  The effects are boosted further by alcohol use or marijuana. Most 
offensively, this particular drug has become a tool of predators who 
spike the drinks of unsuspecting young women and then rape them. In 
this instance, that did not occur. But tragically, this is what occurs 
on many occasions. So we must recognize the dangers of the Rohypnol 
drug.

  The FDA has begun the administrative process of moving this drug from 
schedule 4 to schedule 1, to put the drug in the same category that 
carries the same penalties as LSD and heroin. But, unfortunately, we 
found that even after this bill passed through the Committee on the 
Judiciary, it seems to have been reworded and reworked, and so this 
drug today remains a schedule 4 drug, not because anyone actually 
believes it is safe as the other schedule 4 drugs like Valium, but 
because a drug company has successfully lobbied, to the detriment of 
women and girls across the country.
  I will simply say, Mr. Speaker, that I certainly have the confidence 
that we will go back and correct this. I certainly hope the life of 
this young, and vigorous young lady, does not go in vain. I also hope 
that we add to this effort certainly the importance of prevention and 
education, programs like the Safe and Drug-free Schools, DARE programs, 
explaining to our teenagers that the utilization of any drug is not the 
way to go, but recognizing that the date rape drug is usually dropped 
on an unsuspecting victim.
  It is important that we focus on this drug, focus on this 
legislation, and in fact, maybe at another day, emphasize the level 
that it should be at, which should be schedule 4.
  I thank the gentleman for his kindness and his leadership, and I hope 
that we can work together in a bipartisan manner, and I thank the 
chairman for his work in passing this legislation through. I am just 
concerned that we move it to a stronger penalty at this time.
  Mr. Speaker, I rise today in support of H.R. 4137. Unfortunately, 
violence against women is a major problem in our country today and one 
of its most devastating forms is that of date rape. While this is an 
issue that has plagued us for a long long time, it is the emergence of 
a drug called Rohypnol, which was the catalyst for this legislation. 
This legislation also applied to ``GHB'' another such drug that caused 
the recent tragic death of a teenager in Texas.
  To reiterate for my colleagues, Rohypnol is a drug used in many 
foreign countries for the treatment of tension, stress and insomnia, 
but it has not been certified for prescription in the United States. 
This is a drug almost identical to other FDA approved drugs currently 
prescribed by doctors in the U.S. and has several legitimate and 
practical uses.
  Regardless, like many other illegal drugs, it is now being smuggled 
in from Mexico and South America and it is being used in the execution 
of the most horrible crimes possible--those of sexual assault against 
another person.
  While this drug represents a particular problem within a larger issue 
this bill is much broader since it criminalized the use of any 
controlled substance with the intent to commit sexual assault. This 
bill also sets stiff penalties for those who are convicted of such 
crimes and attempts to protect children by inflicting prison sentences 
of up to 20 years for those perpetrators whose victims are 14 years old 
or younger.

  I applaud the efforts of Mr. Solomon to address this dire social 
issue at least partially, if not completely. For it cannot be refuted 
that while Rohypnol is used for the purposes of sexual assault, its use 
represents only a small fraction of sexual assaults.
  Regardless, I support this bill and what it attempts to do. I stand 
with the other Members on both sides of the aisle, in the fight against 
violence against women, in whatever form it takes. This bill is only 
another battle in the long, arduous war that we are fighting and that 
we will one day win.
  Mr. McCOLLUM. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New York [Mr. Solomon], the author of this legislation.
  Mr. SOLOMON. Mr. Speaker, I thank the chairman, and I commend the 
chairman of the Subcommittee on Crime, the gentleman from Florida, Mr. 
Bill McCollum, for the outstanding job he does as chairman of that 
subcommittee and particularly for his support dealing with this heinous 
crime of date rape.
  I would also like to commend my colleague, the gentlewoman from New 
York, Ms. Susan Molinari, for her recognition of this problem and her 
cosponsorship of the bill to punish people who use this drug to commit 
rapes.
  Also, I would like to thank the gentleman from Georgia, Mr. Bob Barr, 
for his support and the gentleman from North Carolina, Mr. Fred 
Heineman, a young marine, 45 years ago, that went through boot camp 
with me, for his assistance with this bill in the committee. 
Unfortunately, Mr. Heineman is ill and recovering from surgery and 
could not be here to lend his support tonight.

[[Page H11125]]

  Mr. Speaker, the use of any illegal drug as a tool to commit sexual 
battery and rape is as loathsome as using a weapon. It seems to me that 
this kind of manipulative drug use is just as dangerous and just as 
loathsome as holding a knife to someone's throat and should be dealt 
with accordingly. That is what we are attempting to do with this 
legislation.
  In response to the growing use of date rape drugs and the use of 
other drugs in violent sex crimes against women and children, the bill 
before us today increases the penalties for anyone who possesses a drug 
with the intent to commit a crime of violence, including sexual 
battery. That is what this is all about.
  Our bill increases the maximum penalty to 15 years in prison for 
using any controlled substance to commit a crime of violence, and 
greater penalties are imposed on someone who is sick enough to use the 
drug to rape a vicitm 14 years of age and younger.
  This legislation marks the first time, the very first time, the use 
of a controlled substance will be viewed as a weapon anywhere in the 
United States. That is the importance of this legislation. The stiffer 
sentences in this bill focus on the criminal intent of the individual 
possessing that drug.
  Mr. Speaker, it is important to point out that illegal drugs have 
been at the very root of the social ills facing our society today. 
Consider this fact, Mr. Speaker: Approximately 75 percent of all of 
the violent crimes in America today against women and children are drug 
related, 75 percent. In other words, in three out of four violent 
crimes against women and children, some irresponsible adult or juvenile 
is getting high on drugs and then committing a despicable act against a 
helpless woman or child.

  That is bad enough. But this bill focuses on even more sinister 
problems, another kind of low-life who uses drugs as a weapon against 
unsuspecting, helpless women or young girls, someone who fully intends 
to commit an act of sexual battery against another with the help of a 
controlled substance. Mr. Speaker, there are literally dozens of drugs, 
especially sedative, hypnotic drugs, that could be combined with 
alcohol and used to commit such a crime.
  Our bill is not limited to punishing one particular drug. There is no 
single date rape drug. Earlier this year we heard the reports of how 
the drug, Rohypnol, known on the streets as roofies, was being slipped 
into the drinks of unsuspecting women with the intent to induce 
extensive blackout periods and make them susceptible to sexual crimes 
without them even knowing it. The use of this drug continues to be a 
real concern for law enforcement, for drug counselors, for teachers and 
parents.
  According to the Drug Enforcement Administration, Rohypnol has merged 
as a significant abuse and trafficking problem in the United States. 
Between 1985 and 1991, the DEA experienced three cases or less each 
year involving this drug, only three cases back during the years 1985 
to 1991. By 1993, that number climbed to 15, primarily, as the chairman 
of the subcommittee, Mr. Bill McCollum, said before, in Texas and 
Florida. And by 1995, the DEA had 38 Rohypnol investigations. This 
year, the DEA has initiated 108 cases and the U.S. Customs Service has 
271 cases. So you can see the progression that is taking place now.
  Given this disturbing trend, our bill increases the penalties for 
possessing drugs like Rohypol to levels comparable to cocaine, heroin, 
and LSD. The bill also requires the DEA to study whether Rohypnol 
should be moved to schedule 1 and to submit a report to Congress with 
its recommendations within 6 months. Regardless of the end result on 
the side issue of rescheduling, the public at large will be protected 
now with stiffer penalties imposed for possession of roofies.
  Mr. Speaker, any drug like Rohypol that is odorless, colorless, 
tasteless, which renders someone defenseless, potentially could be the 
next date rape drug. For instance, I have an article which appeared in 
the September 11 issue of the San Francisco Chronicle. This article 
describes how a young 17-year-old girl died after someone slipped a 
drug called gamma y-hydroxybutyrate into her drink.

  That particular drug is not even a controlled substance; it is an 
allowed drug in this country. Yet that drug is an odorless and almost 
tasteless drug that was slipped into an unsuspecting victim's drink, 
and, in this sad case, she did not even survive. This is exactly why we 
must have an approach that is broader that just one drug. This is why 
we must be careful not to fool ourselves by branding a particular the 
date rape drug. We need to go after all of them.
  The bill before us today is a common sense, tough response by this 
Congress to protect the safety and sanctity of young women and 
children. It sends a very powerful message to any sex offender, 
anywhere, and any other violent criminal, for that matter, that you 
will get the book thrown at you for using these kinds of drugs in 
committing a crime of rape.
  So on behalf of Congressman Fred Heineman, the major cosponsor of 
this bill, and Chairman Bill McCollum, I ask Members to vote yes on 
this vital legislation that will stop this heinous crime of date rape. 
I really do appreciate the support of Bob Barr, who now has taken over 
management of this bill, for his strong support for the bill.
  Mr. SCHUMER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BARR of Georgia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, much has been said quite eloquently, most recently by 
the gentleman from New York, about the background of this legislation 
and why it is necessary. I would simply like to take a few moments to 
commend him, to commend the chairman of the Subcommittee on Crime, Mr. 
McCollum, to commend the other cosponsors of this legislation on both 
sides of the aisle, for putting forward a piece of legislation in a 
bipartisan manner with broad-ranging support which it deserves.
  Mr. Speaker, the ability or the imagination of drug abusers and 
criminals to figure out or fashion or come up with or imagine new ways 
of using controlled substances, mind-altering drugs, that is, is 
unfortunately limitless. The Congress of the United States, therefore, 
Mr. Speaker, needs to be vigilant in working with our law enforcement 
officials to identify these new problems as they develop, not all of 
which can be foreseen, to maintain the flexibility to meet the 
challenges posed by new and dangerous uses of drugs and the development 
of new drugs, given the state of technology to manufacture new drugs.

                              {time}  1900

  We have to do so, Mr. Speaker, in a way that addresses a specific 
problem yet maintains the proper jurisdictional bases and the proper 
concept of federalism in the developing of that new legislation to meet 
these new challenges posed to law enforcement.
  This piece of legislation before us today, Mr. Speaker, is a textbook 
example, I believe, of how to responsibly meet that challenge in a very 
timely manner and without running afoul of important concepts of 
federalism. A problem was identified. It has become a crisis to law 
enforcement. They have come to the Congress, citizens have come to this 
Congress, and said there is a problem here, please help us. We have met 
that challenge in a bipartisan manner, Mr. Speaker, in a way that does 
not expand Federal jurisdiction. It just recognizes that there is a new 
facet of existing Federal jurisdiction.
  I was very honored last week to propose this amendment to a piece of 
legislation then under consideration in the Committee on the Judiciary, 
and working with the gentleman from New York [Mr. Solomon], with the 
gentleman from Florida [Mr. McCollum], with the gentlewoman [Mrs. 
Schroeder], and with others, we were able to present this matter to the 
Committee on the Judiciary in such a way so that it obtained the 
support by voice of that great committee.
  We have before us today that piece of legislation, which obviously 
has bipartisan support, as it enjoyed bipartisan last week in the 
Committee on the Judiciary, and I would ask for its favorable 
consideration.
  Mrs. KELLY. Mr. Speaker, I rise in strong support of H.R. 4137, 
legislation which seeks to addressing the growing and disturbing 
problem of drug-induced date rape.
  Mr. Speaker, rape, regardless of the circumstances, is a terrible act 
of violence

[[Page H11126]]

against women. But what is particularly troubling is a growing trend of 
sexual violence against women who are unknowingly drugged and then 
sexually assaulted. Sexual predators have found a dangerous weapon in 
certain kinds of drugs, and we must recognize and respond to this 
growing problem.
  H.R. 4137 will increase criminal penalties for the possession of 
certain drugs with the intent to use them to commit crimes of violence, 
including rape, against another person. The bill puts special emphasis 
on a drug known as Rohypnol or ``roofies,'' which is commonly used in 
date rape cases, and also directs the Justice Department to make 
available educational materials on the use of drugs in rape and sexual 
assault cases.
  Mr. Speaker, the Drug-Induced Rape Prevention and Punishment Act 
sends a clear message that we will not tolerate crimes of violence 
against women. I urge my colleagues to join me in supporting this 
important legislation.
  Ms. DUNN of Washington. Mr. Speaker, a special thanks to Mr. Solomon, 
Ms. Molinari and all of my colleagues who worked so diligently to move 
this legislation forward.
  As my colleagues know, the incidence of violence and crime against 
women continues to escalate daily. Criminals and would-be criminals 
keep finding new ways to victimize women. This bill represents one of 
the many steps that need to be taken in order to help stop the 
violation of innocent women. I urge my colleagues to take this vital 
stride forward.
  First and foremost this legislation would impose tough minimum 
sentences on first-time offenders who distribute what are referred to 
as ``date-rape drugs'' with the intent to rape. This is only right, Mr. 
Speaker. These drugs render women helpless. When criminals administer 
drugs like Rohypnol, their victims are not aware it has been added to 
their drink because the drug is tasteless and odorless. Rohypnol is 
intended for use in treating people with severe sleep disorders and is 
10 times more powerful than Valium. Unfortunately, it can induce 
amnesia as a side effect, which in date-rape cases obviously impairs 
the victim's ability to relay what transpired and to recall who raped 
them. Rapists prefer Rohypnol because it is fact-acting. It's effects 
begin within 30 minutes, peak within 2 hours and may persist up to 8 
hours or more. Often times, the effects have lasted as much as 24 hours 
after ingestion.
  Mr. Solomon's ``Drug-Induced Rape Prevention and Punishment Act'' 
proposes minimum sentences of not less than 20 years for Rohypnol 
traffickers and would-be rapists.
  Mr. Speaker, this stiff penalty is justified to combat this problem. 
No parent should have to send a daughter off to college afraid that she 
might be drugged and victimized by a rapist. We should give those 
parents whose children have left home reassurance that we have done all 
we can to deter this criminal behavior.
  No woman should have to worry about this heinous act affecting her 
life. No woman should live in fear that the next beverage she consumes 
will render her a defenseless victim. That is why this House should 
stand up today, for women across the country, and say to the cowardly 
individuals who commit this crime: no more. We must establish zero-
tolerance for rape and the use of drugs to commit rape.
  I urge passage of this important bill.
  Mr. BLILEY. Mr. Speaker. I rise in support of H.R. 4137. We recently 
have heard several tragic instances of women being sexually assaulted 
after their drinks were laced with potent sedative drugs. The bill 
imposes stiff penalties for the unlawful distribution and trafficking 
of Rohypnol and extends criminal penalties to anyone convicted of using 
a controlled substance with the intent to commit a sexual battery.
  I support the legislation; however, I must point out that the bill 
has not been fully considered by the committees of jurisdiction. H.R. 
4137 was referred to both the Committee on the Judiciary and the 
Committee on Commerce. Neither committee had an opportunity to report 
the bill. Given the limited time remaining in this session of Congress, 
and the importance of this issue, I will not object to this bill moving 
forward. In doing so, however, the Committee on Commerce in no way is 
yielding any of its jurisdiction on this and other similar matters.
  Mrs. FOWLER. Mr. Speaker, I urge my colleagues to join me in support 
of this important measure. This is an issue that is too important for 
politics--especially for someone like me, who has a college-aged 
daughter.
  Drug-induced date rape is the ultimate crime of cowardice. It is 
intolerable, and this bill sends the message that it will not be 
tolerated--regardless of what drug is used.
  By most accounts, Rohypnol is currently the drug of choice for sex 
offenders. It is powerful, it is odorless, it is tasteless, and it is 
cheap. This issue is not just confined to Rohypnol, however: Alcohol 
has always been and probably will remain the primary date-rape drug.
  The real problem here is sex offenders--and we know that if they 
cannot get Rohypnol they will use something else. That is why H.R. 4137 
applies schedule I penalties for the possession of Rohypnol, and also 
imposes tough penalties on sex offenders who use other drugs to render 
their victims helpless. Think about your daughters and support this 
bill.
  Mr. BARR of Georgia. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Dickey). The question is on the motion 
offered by the gentleman from Florida [Mr. McCollum] that the House 
suspend the rules and pass the bill, H.R. 4137.
  The question was taken.
  Mr. SOLOMON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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