Statement of the Honorable Howard Coble, Chairman

Hearing on H.R. 4547 the “Defending America’s Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2004”

(July 6, 2004)

The Subcommittee on Crime, Terrorism, and Homeland Security holds a hearing today on H.R. 4547 the “Defending America’s Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2004.”

This hearing will examine the problem of drug dealers preying on vulnerable individuals such as recovering addicts and minors. Recent studies have revealed a growing problem of drug dealers targeting individuals as they are leaving drug treatment centers.

A 2002 news article in the Washington Post highlighted this problem, which is occurring on a daily basis just minutes from the Capitol. More than 1,000 addicts attend drug treatment in Northeast D.C., receiving care at three public methadone centers in the area. Drug dealers operate out of a nearby McDonald’s parking lot next to the largest methadone treatment center in D.C., and within three blocks of two other treatment centers. According to the article, many addicts say that the availability of drugs present daily temptations as they try to overcome psychological and physical addiction. The General Accounting Office investigators found that this is not the only city where this problem exists.

Adult addicts are not the only victims of drug dealers. The Substance Abuse and Mental Health Services Administration estimates that approximately six million children under the age of 18 were living with at least one parent who abused or was dependent on alcohol or drugs in 2001. Studies have found that children of addicted parents are more likely to mimic their parents’ behavior.

Even more troubling are cases in which parents knowingly expose children–including their own–to the seedy and dangerous world of drug trafficking, including the storage and distribution of drugs for profit in their own homes where small children reside.

H.R. 4547 addresses this issue by strengthening the laws regarding trafficking to minors and creating criminal penalties for individuals who traffic drugs near a drug treatment facility. The legislation examined today makes it unlawful to distribute drugs to a person enrolled in a drug treatment program or to distribute drugs within 1,000 feet of a drug treatment facility.

I have stated previously that opponents of mandatory minimums would have a far stronger argument if they could assure Congress that federal judges were faithfully adhering to the federal sentencing guidelines. Sadly, that is not always the case. Moreover, only recently, the Supreme Court in Blakely v.Washington has cast doubt upon the continued viability of the federal sentencing guidelines. While neither Congress nor the judiciary should react in haste without thoughtful consideration of the decision, it seems clear that mandatory minimums may well take on added importance in assuring appropriate sentences for serious federal crimes as a result of the Supreme Court’s action.

I would like to thank the witnesses who were able to be here today and look forward to their testimony. With that, I recognize the ranking Member, Mr. Scott from Virginia, for his opening statement.