[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[Senate]
[Page S11801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



  SA 5239. Mr. FRIST (for Mr. Smith) proposed an amendment to the bill 
H.R. 798, to provide for a research program for remediation of closed 
methamphetamine production laboratories, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Methamphetamine Remediation 
     Research Act of 2006''.

     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 
     Administrator of the Environmental Protection Agency 
     (referred to in this Act as the ``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 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 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 Administrator shall 
     periodically update the voluntary guidelines as the 
     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 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 
     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 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 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 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 in that conference and how 
     the Administrator intends to respond to the recommendations 
     or concerns.
       (2) Public availability.--The Administrator 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 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 Administrator shall submit to 
     Congress a report describing the manner in which the 
     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 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 Administrator to carry out this Act 
     $1,750,000 for each of fiscal years 2007 and 2008.
       (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 $750,000 for each of fiscal years 2007 and 2008.
                                 ______
                                 
  SA 5240. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 4055, to address the effect of the death of a 
defendant in Federal criminal proceedings; which was referred to the 
Committee on the Judiciary; as follows:

       At the appropriate place add the following:
       Section 296 of title 28, United States Code, is amended
       ``However a senior judge designated and assigned to the 
     court to which he was appointed shall have all the powers of 
     a judge of that court, including participation in appointment 
     of court officers, magistrates rulemaking, governance, and 
     administrative matters.''

     SEC.   44. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF 
                   MAGISTRATES.

       Section 631(a) of title 28, United States Code, is amended 
     by striking ``Northern Mariana Islands'' the first place it 
     appears and inserting ``Northern Mariana Islands (including 
     any judge in regular active service and any judge who has 
     retired from regular active service under Section 371(b) of 
     this title if such judge is designated and assigned to the 
     court to which such judge was appointed.

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