[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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