[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2019 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2019

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2005

 Mr. Smith (for himself and Mr. Baucus) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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.

    Congress finds that--
            (1) methamphetamine use and production is growing rapidly 
        throughout the United States;
            (2) some materials and chemical residues remaining from the 
        production of methamphetamine pose novel environmental problems 
        in locations in which methamphetamine laboratories have been 
        closed;
            (3) there has been little standardization of measures for 
        determining when the site of a former methamphetamine 
        laboratory has been successfully remediated;
            (4)(A) 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; 
        and
            (B) it is not uncommon for significant levels of 
        contamination to be found throughout residential structures in 
        which methamphetamine has been manufactured, partially because 
        of a lack of knowledge of how to achieve an effective cleanup;
            (5)(A) data on methamphetamine laboratory-related 
        contaminants of concern are very limited;
            (B) uniform cleanup standards do not exist; and
            (C) procedures for sampling and analysis of contaminants 
        need to be researched and developed; and
            (6) many States are struggling with establishing assessment 
        and 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 1 year 
after the date of enactment of this Act, the Assistant Administrator 
for Research and Development of the Environmental Protection Agency 
(referred to in this Act as the ``Assistant Administrator''), in 
consultation with the National Institute of Standards and Technology, 
shall establish voluntary guidelines, based on the best 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 (including regulations);
            (2) the varying types and locations of former 
        methamphetamine laboratories; and
            (3) the expected cost of carrying out any proposed 
        guidelines.
    (c) States.--
            (1) In general.--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.
            (2) Adoption.--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 appropriate to incorporate research findings 
and other new knowledge.

SEC. 4. RESEARCH PROGRAM.

    (a) In General.--The Assistant Administrator shall establish a 
program of research to support the development and revision of the 
voluntary guidelines described in section 3.
    (b) Research.--The 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;
            (3) identify the research efforts necessary to better 
        address biological effects and to minimize adverse human 
        exposures;
            (4) evaluate the performance of various methamphetamine 
        laboratory cleanup and remediation techniques; and
            (5) support other research priorities identified by the 
        Assistant Administrator in consultation with States and other 
        interested parties.

SEC. 5. TECHNOLOGY TRANSFER CONFERENCE.

    (a) Conference.--
            (1) In general.--Not later than 180 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, individuals, and organizations 
        involved in research and other activities directly relating to 
        the environmental or biological impacts of former 
        methamphetamine laboratories.
            (2) Forum.--The conference should be a forum for--
                    (A) 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
                    (B) 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.--
            (1) In general.--Not later than 90 days after the date of 
        each conference, the Assistant Administrator shall submit to 
        Congress a report 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 the 
        recommendations or concerns.
            (2) Public availability.--The Assistant Secretary shall 
        make each report widely available to the general public.

SEC. 6. RESIDUAL EFFECTS STUDY.

    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Assistant Administrator shall offer to enter into an 
arrangement with the National Academy of Sciences under which the 
National Academy of Sciences shall conduct a study of the status and 
quality of research on the residual effects of methamphetamine 
laboratories.
    (b) Content.--The study shall identify research gaps and recommend 
an agenda for the research program described in section 4, with 
particular attention to the need for research on the impacts of 
methamphetamine laboratories on--
            (1) the residents of buildings in which such laboratories 
        are, or were, located, with particular emphasis given to 
        biological impacts on children; and
            (2) first responders.
    (c) Report.--Not later than 90 days after the date of completion of 
the study, the Assistant Administrator shall submit to Congress a 
report describing the manner in which 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 modifies or otherwise affects the regulatory 
authority of the Environmental Protection Agency.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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