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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
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.
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
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
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
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.
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.
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.
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
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
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
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.
Peter R. Orszag,
H.R. 1199--Drug Endangered Children Act of 2007.
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
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
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
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell
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
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.
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.
* * * * * * *