,,ii #aadth ,,congress #ast ,session ,s4 #bdje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ae1 #bjae ,mr4 ,schumer introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to require the disclosure of information concerning the manufacture of methamphetamine upon transfer or lease of covered housing4 #a4 ,short title ,this ,act may be cited as the ,meth ,exposure to the ,home ,disclosure ,act or the ,,meth ,disclosure ,act4 #b4 ,findings ,congress finds that-- 7#a7 since #bjjg1 there has been a net increase in methamphetamine laboratory incidents across the ,united ,states1 as the number of incidents has risen from #f1heh in #bjjg to #i1bdj in #bjad1 with a peak of #ae1bag in #bjaj2 7#b7 #bc ,states have laws that require landlords to inform new renters or potential buyers if a building was previously used as a methamphetamine lab1 but the ,drug ,enforcement ,agency estimates that only #e percent of homes used to make methamphetamine in the ,united ,states are disclosed2 7#c7 research shows that for every pound of methamphetamine created by a lab1 #e pounds of toxic waste is produced1 most of which becomes airborne and is subsequently absorbed by other objects1 such as carpets1 furniture1 drywall1 and countertops2 7#d7 the toxic waste that does not become airborne can remain as residue in bathtubs1 toilets1 sinks1 and floors if it is spilled or not disposed of properly1 and without proper cleaning1 these harmful chemicals can remain in the affected buildings for years2 7#e7 harmful methamphetamine by-products include propane fuel1 lithium1 sodium hydroxide1 and solvents like benzene1 acetone1 and hexane1 all of which can have negative and lasting effects on families and children in particular2 7#f7 coming into contact with these substances has been shown to cause dry mouth1 nose bleeds1 respiratory issues1 issues with the brain1 liver1 and kidneys1 birth defects1 and reproductive problems2 7#g7 solvents like acetone can cause death1 while chronic inhalation of hexane can cause significant damage to the central nervous system1 and the by-product benzene has been linked to anemia and leukemia in adults as well as children2 7#h7 testing for methamphetamine and harmful by-products of methamphetamine is relatively simple and inexpensive2 7#i7 once a family or business has moved into an affected building1 properly cleaning and sterilizing the building can cost up to #aj1jjj1 and such an expense can represent a crippling and unexpected financial burden on families and businesses in the ,united ,states2 and 7#aj7 a law requiring landlords to disclose information about the previous methamphetamine usage of a building could prevent unnecessarily exposing millions of people in the ,united ,states to potentially lethal circumstances1 and the ,federal ,government must therefore take initiative on this issue to preserve the health and financial stability of the people of the ,united ,states4 #c4 ,disclosure of information concerning the manufacture of methamphetamine upon transfer or lease of covered housing 7a7 ,definitions ,in this section-- 7#a7 the term covered housing-- 7,a7 means any housing that is a dwelling unit1 including the grounds1 outbuildings1 fences1 structures1 and1 where applicable1 common areas2 and 7,b7 does not include housing that1 as of the date on which a seller or lessor sells or leases the housing1 is-- 7i7 newly constructed2 or 7ii7 has never been occupied2 7#b7 the term methamphetamine-based hazard means any condition that causes exposure to any hazardous substance or pollutant or contaminant associated with the manufacture of methamphetamine that would result in adverse human health effects1 as established by the appropriate ,federal agency2 and 7#c7 the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7b7 ,disclosure in purchase and sale or lease of covered housing 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,administrator of the ,environmental ,protection ,agency and any other ,federal agency with knowledge of methamphetamine-based hazards1 shall promulgate regulations for the disclosure of methamphetamine-based hazards in covered housing that is offered for sale or lease4 7#b7 ,requirements ,the regulations promulgated under paragraph 7#a7 shall require that-- 7,a7 before the purchaser or lessee is obligated under any contract to purchase or lease covered housing1 the seller or lessor shall-- 7i7 provide a written disclosure to the purchaser or lessee-- 7,i7 of any knowledge of whether methamphetamine was manufactured in the covered housing2 and 7,,ii7 of the presence of any known methamphetamine-based hazards in the covered housing2 and 7ii7 allow the purchaser or lessee a #aj-;day period 7unless the parties mutually agree upon a different period of time7 to conduct a risk assessment or inspection for the presence of methamphetamine-based hazards2 and 7,b7 each contract for the purchase or lease of covered housing shall contain a statement signed by the seller and purchaser or the lessor and lessee1 as applicable1 that-- 7i7 the seller or lessor has made the written disclosures required under subparagraph 7,a77i72 and 7ii7 the purchaser or lessee had a #aj-;day opportunity 7unless the parties mutually agreed upon a different period of time or waived the opportunity7 before becoming obligated under the contract to purchase or lease the covered housing to conduct a risk assessment or inspection for the presence of methamphetamine-based hazards4 7#c7 ,compliance assurance ,whenever a seller or lessor has entered into a contract with an agent for the purpose of selling or leasing a unit of covered housing1 the regulations promulgated under paragraph 7#a7 shall require the agent1 on behalf of the seller or lessor1 to ensure compliance with the requirements of this section4 7#d7 ,investigative authority of the ,secretary 7,a7 ,investigations ,the ,secretary may-- 7i7 conduct such investigations as may be necessary to administer and carry out the duties of the ,secretary under this section2 and 7ii7 in carrying out clause 7i71 administer oaths and require by subpoena the production of documents and the attendance and testimony of witnesses as the ,secretary deems advisable4 7,b7 ,enforcement ,any district court of the ,united ,states within the jurisdiction of which an inquiry is carried1 on application of the ,attorney ,general1 may1 in the case of contumacy1 failure1 or refusal to permit entry under this section or to obey a subpoena of the ,secretary issued under subparagraph 7,a71 issue an order requiring such entry or such compliance therewith1 and any failure to obey such order of the court may be punished by such court as a contempt thereof4 7c7 ,penalties for violations 7#a7 ,in general ,any person who knowingly violates any provision of this section shall be jointly and severally liable to-- 7,a7 the purchaser or lessee of the covered housing1 as applicable1 in an amount equal to-- 7i7 any costs associated with-- 7,i7 the remediation or clean-up of the covered housing to remove any methamphetamine-based hazards2 and 7,,ii7 any health-related injuries or ailments related to methamphetamine-based hazards in the covered housing2 and 7ii7 reasonable attorney's fees associated with the claim2 and 7,b7 the ,secretary1 for civil money penalties in accordance with section #ajb7;f7 of the ,department of ,housing and ,urban ,development ,reform ,act of #aihi 7#db ,u4,s4,c4 #cede7;f774 7#b7 ,enjoinment ,the ,secretary may take such lawful action as may be necessary to enjoin any violation of this section4 7d7 ,validity of contracts and liens ,nothing in this section shall-- 7#a7 affect the validity or enforceability of-- 7,a7 any sale or contract for the purchase and sale or lease of any interest in covered housing2 or 7,b7 any loan1 loan agreement1 mortgage1 or lien made or arising in connection with a mortgage loan2 or 7#b7 create a defect in title4 7e7 ,effective date ,the regulations promulgated under subsection 7b77#a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 7f7 ,authorization of appropriations ,for purposes of carrying out this section1 there are authorized to be appropriated-- 7#a7 #ejj1jjj for fiscal year #bjag2 7#b7 #a1jjj1jjj for fiscal year #bjah2 and 7#c7 #b1jjj1jjj for each of fiscal years #bjai1 #bjbj1 and #bjba4