I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protection of Children 

5 from Methamphetamine Act of 2005’’. 
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1 SEC. 2. NEW MINIMUM MANDATORY SENTENCE. 

2 (a) IN GENERAL.—The Controlled Substances Act is 

3 amended by inserting after section 419 (21 U.S.C. 860) 

4 the following: 

5 ‘‘MINIMUM MANDATORY PENALTY FOR MANUFACTURE OF

6 METHAMPHETAMINE ON PREMISES WHERE CHIL7 DREN RESIDE

8 ‘‘SEC. 419a. Whoever violates section 401(a)(1) by 

9 manufacturing methamphetamine or its salts, isomers or 

10 salts of isomers on premises in which an individual who 

11 is under the age of 18 years resides, shall, unless a higher 

12 minimum mandatory imprisonment applies, be imprisoned 

13 for not less than 20 years.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents 

15 of the Comprehensive Drug Abuse Prevention and Control 

16 Act of 1970 is amended by inserting after the item relat17 ing to section 419 the following new item: 

‘‘419a. Minimum mandatory penalty for manufacture of methamphetamine on 

premises where children reside.’’. 

18 SEC. 3. STUDY REGARDING HEALTH EFFECTS ON CHIL19 DREN OF EXPOSURE TO PROCESS OF UNLAW20 FUL MANUFACTURE OF METHAMPHETAMINE. 

21 (a) IN GENERAL.—With respect to the unlawful man22 ufacturing of methamphetamine, the Secretary of Health 

23 and Human Services shall conduct a study for the purpose 

24 of determining— 
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1 (1) to what extent food, water, air, soil, equip2 ment, or other matter becomes contaminated with 

3 methamphetamine or other harmful substances as a 

4 result of the proximity of the matter to the process 

5 of such manufacturing; and 

6 (2) whether any adverse health conditions result 

7 from the exposure of children to such process or to 

8 contaminated matter within the meaning of para9 graph (1). 

10 (b) REPORT TO CONGRESS.—Not later than one year 

11 after the date of the enactment of this Act, the Secretary 

12 of Health and Human Services shall complete the study 

13 under subsection (a) and submit to the Congress a report 

14 describing the findings of the study. 

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

16 CHILDREN. 

17 (a) IN GENERAL.—The Secretary of Health and 

18 Human Services, in collaboration with the Attorney Gen19 eral, shall make grants to eligible States for the purpose 

20 of carrying out programs to provide a comprehensive re21 sponse to the health and mental health problems of chil22 dren that are associated with living in a home in which 

23 methamphetamine is unlawfully manufactured, adminis24 tered, or distributed. Such health problems include expo25 sure to food, water, air, soil, equipment, or other matter 
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1 that has become contaminated with methamphetamine or 

2 other harmful substances as a result of the proximity of 

3 the matter to such unlawful manufacturing. 

4 (b) ELIGIBLE STATE.—A State is an eligible State 

5 for purposes of subsection (a) if the State had more than 

6 200 methamphetamine lab seizures in 2004, as reported 

7 by the National Clandestine Laboratory Database. 

8 (c) CERTAIN REQUIREMENTS.—The Secretary of 

9 Health and Human Services shall ensure that the proce10 dures and services of programs carried out with grants 

11 under subsection (a) include the following: 

12 (1) Coordination among law enforcement agen13 cies, prosecutors, child protective services, and 

14 health professionals. 

15 (2) Removal of children from toxic or drug-en16 dangering environments. 

17 (3) Medical and dental health evaluation and 

18 services, drug and toxic chemical exposure screening, 

19 and mental health evaluation and services. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.— For the 

21 purpose of carrying out this section, there are authorized 

22 to be appropriated $20,000,000 for each of the fiscal years 

23 2006 and 2007. Amounts appropriated under the pre24 ceding sentence shall remain available until expended. 

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