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110th Congress                                            Rept. 110-341
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
                  DRUG ENDANGERED CHILDREN ACT OF 2007

                                _______
                                

               September 24, 2007.--Ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1199]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 1199) to extend the grant program for drug-endangered 
children, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    H.R. 1199, the ``Drug Endangered Children Act of 2007,'' 
extends the Drug Endangered Children grant program for an 
additional 2 years. Congress first authorized this grant 
program in section 755 of the USA PATRIOT Improvement and 
Reauthorization Act of 2005, which authorized $20 million for 
each of the fiscal years 2006 and 2007. H.R. 1199 would simply 
extend the program, at its current authorization level, for 
fiscal years 2008 and 2009.

                Background and Need for the Legislation

    The White House's Office of National Drug Control Policy 
(ONDCP) has documented the fact that children are sometimes 
found in places where methamphetamine and other illegal 
substances are produced. According to the El Paso Intelligence 
Center's National Clandestine Laboratory Seizure System, there 
were 1,660 children injured or killed at, or otherwise 
adversely affected by their presence at, methamphetamine labs 
during 2005.
    Children who are present at drug-production sites face a 
variety of health and safety risks. These risks include 
ingestion of toxic chemicals, drugs, or contaminated foods; 
exposure to fires and explosions; abuse and neglect; and the 
presence of weapons and booby-traps. Health effects include 
nausea, chest pains, eye and tissue irritation, chemical burns, 
and death. Adults at these sites often engage in hazardous 
lifestyles, and the buildings usually are unsafe and unhealthy.
    To deal with the special needs of children present in drug-
production sites, the response must provide special assistance 
for these children. In addition to the law enforcement, fire, 
and HAZMAT agencies, emergency medical personnel, social 
services, and physicians must be involved to respond to these 
needs.
    Recognizing these needs, ONDCP several years ago announced 
a national Drug Endangered Children (DEC) initiative to improve 
coordination between existing State programs, and to create a 
standardized training program for States lacking the 
capabilities to assist these children.
    As a result of this initiative, several States developed 
DEC programs, to coordinate the efforts of law enforcement, 
medical services, and child welfare workers to ensure that 
children found in these environments received appropriate 
attention and care.
    These DEC programs began to develop interagency protocols 
to support drug-endangered children, addressing issues such as: 
staff training, including safety and cross training; roles and 
responsibilities of agencies involved; appropriate reporting, 
cross-reporting, and information sharing; safety procedures for 
children, families, and responding personnel; interviewing 
procedures; evidence collection and preservation procedures; 
and medical care procedures.
    Protocols were designed to identify and provide guidance on 
the variety of issues that responding agencies needed to 
address in these situations, such as taking children into 
protective custody and arranging for child protective services, 
immediately testing the children for methamphetamine exposure, 
conducting medical and mental health assessments, and ensuring 
short- and long-term care.
    ONDCP's initiative was funded in part through a Department 
of Justice award of $2.124 million under the Community Oriented 
Policing Services (COPS) Methamphetamine Initiative of 2003. 
The program was not continued.
    The USA PATRIOT Reauthorization Act of 2005 established 
this grant program to continue and expand the earlier 
initiative. This grant program has never received full funding. 
No funds were appropriated in fiscal year 2006. In fiscal year 
2007, the House of Representatives voted to appropriate $5 
million for the DEC program in the Science, State, Justice, 
Commerce Appropriations bill. The 109th Congress adjourned 
without passing most of its FY 2007 appropriations bills. The 
omnibus Continuing Resolution enacted to fund the government 
did not fund this program.

                                Hearings

    The Subcommittee on Crime, Terrorism, and Homeland Security 
held 1 day of hearings on H.R. 1199 on May 22, 2007. The 
Subcommittee received testimony from Representative Dennis 
Cardoza, the sponsor of the legislation.

                        Committee Consideration

    On July 24, 2007, the Subcommittee on Crime, Terrorism, and 
Homeland Security met in open session and ordered the bill 
H.R.1199 favorably reported, by voice vote, a quorum being 
present. On July 25, 2007, the Committee met in open session 
and ordered the bill H.R. 1199 favorably reported, without 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 1199.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1199, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 8, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1199, the Drug 
Endangered Children Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        H.R. 1199--Drug Endangered Children Act of 2007.

                                SUMMARY

    H.R. 1199 would authorize the appropriation of $20 million 
for each of fiscal years 2008 and 2009 for the Attorney General 
to make grants to States to assist children living with parents 
or guardians who abuse drugs. CBO estimates that implementing 
H.R. 1199 would cost $37 million over the 2008-2012 period, 
assuming appropriation of the authorized amounts. Enacting the 
bill would not affect direct spending or receipts.
    H.R. 1199 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 1199 is shown in the 
following table. For this estimate, CBO assumes that the 
authorized amounts will be appropriated by the beginning of 
each fiscal year and that outlays will follow the historical 
spending rates for similar activities. The cost of this 
legislation falls within budget function 750 (administration of 
justice).

                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                        2008   2009   2010   2011   2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level                       20     20      0      0      0

Estimated Outlays                          4     10     10      7      6
------------------------------------------------------------------------

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 1199 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments. CBO estimates that State 
governments would receive about $40 million over the next 
several years for grants authorized in the bill. Any costs to 
those governments of complying with grant requirements would be 
incurred voluntarily as conditions of receiving Federal 
assistance.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell 
    (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1199, will extend the current grant program for drug-endangered 
children through Fiscal Year 2009.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, Section 8, clauses 3 and 18 of 
the Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1199 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    Sec. 1. Short title. Section 1 sets forth the short title 
of the bill as the ``Drug Endangered Children Act of 2007.''
    Sec. 2. Drug-Endangered Children Grant Program Extended. 
Section 2 amends section 755 (c) of the USA PATRIOT Improvement 
and Reauthorization Act of 2005, 42 U.S.C. Sec. 3797cc-2 (c), 
to extend authorization of the drug-endangered children grant 
program through Fiscal Years 2008 and 2009.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

        USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005



           *       *       *       *       *       *       *
TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005

           *       *       *       *       *       *       *


Subtitle E--Additional Programs and Activities

           *       *       *       *       *       *       *


SEC. 755. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN.

  (a) * * *

           *       *       *       *       *       *       *

  (c) 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] fiscal years 2008 and 2009. Amounts appropriated under 
the preceding sentence shall remain available until expended.

           *       *       *       *       *       *       *