109th CONGRESS
1st Session
H. R. 798
AN ACT
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) Some materials and chemical 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 former 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 where methamphetamine
has been manufactured, 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 uniform 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 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 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;
(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- 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, 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
(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.
Passed the House of Representatives December 13, 2005.
Attest:
Clerk.
END
