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 Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To amend the Controlled Substances Act to provide a min-
imum mandatory prison sentence for manufacturing 
methamphetamine on properties where children reside, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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
CHIL-
DREN 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 relat-
ing 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 CHIL-
DREN OF EXPOSURE TO PROCESS OF UNLAW-
FUL MANUFACTURE OF METHAMPHETAMINE. 
(a) IN GENERAL.—With respect to the unlawful man-
ufacturing 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, equip-
ment, 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 para-
graph (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 Gen-
eral, shall make grants to eligible States for the purpose 
of carrying out programs to provide a comprehensive re-
sponse to the health and mental health problems of chil-
dren that are associated with living in a home in which 
methamphetamine is unlawfully manufactured, adminis-
tered, or distributed. Such health problems include expo-
sure 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 proce-
dures and services of programs carried out with grants 
under subsection (a) include the following: 
(1) Coordination among law enforcement agen-
cies, prosecutors, child protective services, and 
health professionals. 
(2) Removal of children from toxic or drug-en-
dangering 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 pre-
ceding sentence shall remain available until expended. 
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