[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 798 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 798

      To provide for a research program for remediation of closed 
    methamphetamine production laboratories, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2005

   Mr. Gordon (for himself, Mr. Calvert, Mr. Boehlert, Mr. Davis of 
    Tennessee, Mr. Jenkins, Ms. Woolsey, Mr. Cooper, Mr. Case, Mr. 
 Etheridge, Mr. Baird, Mr. Wu, Mr. Larsen of Washington, Mr. Matheson, 
   Mr. Boswell, Mr. Latham, Mr. Costello, Mr. McIntyre, Mr. Udall of 
   Colorado, Mr. Cramer, Ms. Bordallo, Mr. Melancon, Mr. Al Green of 
   Texas, Mr. Carnahan, Ms. Eddie Bernice Johnson of Texas, and Mr. 
   Souder) introduced the following bill; which was referred to the 
                          Committee on Science

_______________________________________________________________________

                                 A BILL


 
      To provide for a research program for remediation of closed 
    methamphetamine production laboratories, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Methamphetamine Remediation Research 
Act of 2005''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Methamphetamine use and production is growing rapidly 
        throughout the United States.
            (2) Materials and residues remaining from the production of 
        methamphetamine pose novel environmental problems in locations 
        where methamphetamine laboratories have been closed.
            (3) There has been little standardization of measures for 
        determining when the site of a closed methamphetamine 
        laboratory has been successfully remediated.
            (4) Initial cleanup actions are generally limited to 
        removal of hazardous substances and contaminated materials that 
        pose an immediate threat to public health or the environment. 
        It is not uncommon for significant levels of contamination to 
        be found throughout residential structures after a 
        methamphetamine laboratory has closed, partially because of a 
        lack of knowledge of how to achieve an effective cleanup.
            (5) Data on methamphetamine laboratory-related contaminants 
        of concern are very limited, and cleanup standards do not 
        currently exist. In addition, procedures for sampling and 
        analysis of contaminants need to be researched and developed.
            (6) Many States are struggling with establishing 
        remediation guidelines and programs to address the rapidly 
        expanding number of methamphetamine laboratories being closed 
        each year.

SEC. 3. VOLUNTARY GUIDELINES.

    (a) Establishment of Voluntary Guidelines.--Not later than one year 
after the date of enactment of this Act, the Assistant Administrator 
for Research and Development of the Environmental Protection Agency (in 
this Act referred to as the ``Assistant Administrator''), in 
consultation with the National Institute of Standards and Technology, 
shall establish voluntary guidelines, based on the best currently 
available scientific knowledge, for the remediation of former 
methamphetamine laboratories, including guidelines regarding 
preliminary site assessment and the remediation of residual 
contaminants.
    (b) Considerations.--In developing the voluntary guidelines under 
subsection (a), the Assistant Administrator shall consider, at a 
minimum--
            (1) relevant standards, guidelines, and requirements found 
        in Federal, State, and local laws and regulations;
            (2) the varying types and locations of former 
        methamphetamine laboratories; and
            (3) the expected cost of carrying out any proposed 
        guidelines.
    (c) States.--The voluntary guidelines should be designed to assist 
State and local governments in the development and the implementation 
of legislation and other policies to apply state-of-the-art knowledge 
and research results to the remediation of former methamphetamine 
laboratories. The Assistant Administrator shall work with State and 
local governments and other relevant non-Federal agencies and 
organizations, including through the conference described in section 5, 
to promote and encourage the appropriate adoption of the voluntary 
guidelines.
    (d) Updating the Guidelines.--The Assistant Administrator shall 
periodically update the voluntary guidelines as the Assistant 
Administrator, in consultation with States and other interested 
parties, determines to be necessary and appropriate to incorporate 
research findings and other new knowledge.

SEC. 4. RESEARCH PROGRAM.

    The Assistant Administrator shall establish a program of research 
to support the development and revision of the voluntary guidelines 
described in section 3. Such research shall--
            (1) identify methamphetamine laboratory-related chemicals 
        of concern;
            (2) assess the types and levels of exposure to chemicals of 
        concern identified under paragraph (1), including routine and 
        accidental exposures, that may present a significant risk of 
        adverse biological effects, and the research necessary to 
        better address biological effects and to minimize adverse human 
        exposures;
            (3) evaluate the performance of various methamphetamine 
        laboratory cleanup and remediation techniques; and
            (4) support other research priorities identified by the 
        Assistant Administrator in consultation with States and other 
        interested parties.

SEC. 5. TECHNOLOGY TRANSFER CONFERENCE.

    (a) Conference.--Not later than 90 days after the date of enactment 
of this Act, and at least every third year thereafter, the Assistant 
Administrator shall convene a conference of appropriate State agencies, 
as well as individuals or organizations involved in research and other 
activities directly related to the environmental, or biological impacts 
of former methamphetamine laboratories. The conference should be a 
forum for the Assistant Administrator to provide information on the 
guidelines developed under section 3 and on the latest findings from 
the research program described in section 4, and for the non-Federal 
participants to provide information on the problems and needs of States 
and localities and their experience with guidelines developed under 
section 3.
    (b) Report.--Not later than 3 months after each conference, the 
Assistant Administrator shall submit a report to the Congress that 
summarizes the proceedings of the conference, including a summary of 
any recommendations or concerns raised by the non-Federal participants 
and how the Assistant Administrator intends to respond to them. The 
report shall also be made widely available to the general public.

SEC. 6. RESIDUAL EFFECTS STUDY.

    (a) Study.--Not later than 6 months after the date of enactment of 
this Act, the Assistant Administrator shall enter into an arrangement 
with the National Academy of Sciences for a study of the status and 
quality of research on the residual effects of methamphetamine 
laboratories. The study shall identify research gaps and recommend an 
agenda for the research program described in section 4. The study shall 
pay particular attention to the need for research on the impacts of 
methamphetamine laboratories on--
            (1) the residents of buildings where such laboratories are, 
        or were, located, with particular emphasis given to biological 
        impacts on children; and
            (2) first responders.
    (b) Report.--Not later than 3 months after the completion of the 
study, the Assistant Administrator shall transmit to Congress a report 
on how the Assistant Administrator will use the results of the study to 
carry out the activities described in sections 3 and 4.

SEC. 7. METHAMPHETAMINE DETECTION RESEARCH AND DEVELOPMENT PROGRAM.

    The Director of National Institute of Standards and Technology, in 
consultation with the Assistant Administrator, shall support a research 
program to develop--
            (1) new methamphetamine detection technologies, with 
        emphasis on field test kits and site detection; and
            (2) appropriate standard reference materials and validation 
        procedures for methamphetamine detection testing.

SEC. 8. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to add to or limit the 
regulatory authority of the Environmental Protection Agency.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Environmental Protection Agency.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry out this 
Act $3,000,000 for each of the fiscal years 2006 through 2009.
    (b) National Institute of Standards and Technology.--There are 
authorized to be appropriated to the National Institute of Standards 
and Technology to carry out this Act $1,500,000 for each of the fiscal 
years 2006 through 2009.
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