[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1395 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1395

 To amend the Controlled Substances Act to provide a minimum mandatory 
 prison sentence for manufacturing methamphetamine on properties where 
                children reside, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

  Ms. Hooley introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act to provide a minimum mandatory 
 prison sentence for manufacturing methamphetamine on properties where 
                children reside, and for other purposes.

    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 ``Protection of Children from 
Methamphetamine Act of 2005''.

SEC. 2. NEW MINIMUM MANDATORY SENTENCE.

    (a) In General.--The Controlled Substances Act is amended by 
inserting after section 419 (21 U.S.C. 860) the following:

   ``minimum mandatory penalty for manufacture of methamphetamine on 
                     premises where children reside

    ``Sec. 419a. Whoever violates section 401(a)(1) by manufacturing 
methamphetamine or its salts, isomers or salts of isomers on premises 
in which an individual who is under the age of 18 years resides, shall, 
unless a higher minimum mandatory imprisonment applies, be imprisoned 
for not less than 20 years.''.
    (b) Clerical Amendment.--The table of contents of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 is amended by inserting 
after the item relating to section 419 the following new item:

``419a. Minimum mandatory penalty for manufacture of methamphetamine on 
                            premises where children reside.''.

SEC. 3. STUDY REGARDING HEALTH EFFECTS ON CHILDREN OF EXPOSURE TO 
              PROCESS OF UNLAWFUL MANUFACTURE OF METHAMPHETAMINE.

    (a) In General.--With respect to the unlawful manufacturing of 
methamphetamine, the Secretary of Health and Human Services shall 
conduct a study for the purpose of determining--
            (1) to what extent food, water, air, soil, equipment, or 
        other matter becomes contaminated with methamphetamine or other 
        harmful substances as a result of the proximity of the matter 
        to the process of such manufacturing; and
            (2) whether any adverse health conditions result from the 
        exposure of children to such process or to contaminated matter 
        within the meaning of paragraph (1).
    (b) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Health and Human Services 
shall complete the study under subsection (a) and submit to the 
Congress a report describing the findings of the study.

SEC. 4. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN.

    (a) In General.--The Secretary of Health and Human Services, in 
collaboration with the Attorney General, shall make grants to eligible 
States for the purpose of carrying out programs to provide a 
comprehensive response to the health and mental health problems of 
children that are associated with living in a home in which 
methamphetamine is unlawfully manufactured, administered, or 
distributed. Such health problems include exposure to food, water, air, 
soil, equipment, or other matter that has become contaminated with 
methamphetamine or other harmful substances as a result of the 
proximity of the matter to such unlawful manufacturing.
    (b) Eligible State.--A State is an eligible State for purposes of 
subsection (a) if the State had more than 200 methamphetamine lab 
seizures in 2004, as reported by the National Clandestine Laboratory 
Database.
    (c) Certain Requirements.--The Secretary of Health and Human 
Services shall ensure that the procedures and services of programs 
carried out with grants under subsection (a) include the following:
            (1) Coordination among law enforcement agencies, 
        prosecutors, child protective services, and health 
        professionals.
            (2) Removal of children from toxic or drug-endangering 
        environments.
            (3) Medical and dental health evaluation and services, drug 
        and toxic chemical exposure screening, and mental health 
        evaluation and services.
    (d) Authorization of Appropriations.-- For the purpose of carrying 
out this section, there are authorized to be appropriated $20,000,000 
for each of the fiscal years 2006 and 2007. Amounts appropriated under 
the preceding sentence shall remain available until expended.
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