[House Report 109-42]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-42

======================================================================



 
            METHAMPHETAMINE REMEDIATION RESEARCH ACT OF 2005

                                _______
                                

 April 13, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 798]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science, to whom was referred the bill (H.R. 
798) to provide for a research program for remediation of 
closed methamphetamine production laboratories, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................3
 III. Background and Need for the Legislation.........................4
  IV. Summary of Hearings.............................................5
   V. Committee of Hearings...........................................6
  VI. Summary of Major Provisions of the Bill.........................6
 VII. Section-by-Section Analysis (by Title and Section)..............7
VIII. Committee Views.................................................8
  IX. Cost Estimate...................................................9
   X. Congressional Budget Office Cost Estimate......................10
  XI. Compliance With Public Law 104-4 (Unfunded Mandates)...........11
 XII. Committee Oversight Findings and Recommendations...............11
XIII. Statement on General Performance Goals and Objectives..........11
 XIV. Constitutional Authority Statement.............................11
  XV. Federal Advisory Committee Statement...........................11
 XVI. Congressional Accountability Act...............................11
XVII. Statement on Preemption of State, Local, or Tribal Law.........11
XVIII.Changes in Existing Law Made by the Bill, as Reported..........12

 XIX. Committee Recommendations......................................12
  XX. Proceedings of the Subcommittee Markup.........................12
 XXI. Proceedings of the Full Committee Markup.......................27

                              I. Amendment

  The amendment is 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 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
          (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.

                        II. Purpose of the Bill

    The purpose of the bill is to establish a Federal research 
program to support the development of voluntary guidelines to 
help states address the residual consequences of former 
methamphetamine laboratories.

              III. Background and Need for the Legislation

    Methamphetamine, also known as ``meth,'' ``speed,'' or 
``crank,'' is a powerful stimulant that increases wakefulness 
and physical activity but can also induce symptoms ranging from 
extreme nervousness and hyperactivity to convulsions and 
irreversible brain damage. Chronic use increases drug tolerance 
and deepens dependence, requiring users to take higher doses 
more frequently. This often results in amphetamine psychosis, a 
condition characterized by extreme paranoia and violent 
behavior--a key factor in the death of most addicts. Due to 
high rates of addiction, the use and manufacture of meth 
without prescription or appropriate permission is illegal under 
Federal law.
    The Nation's meth problem originated in California and the 
Southwest, but it has spread considerably, facilitated by the 
proliferation of small labs that produce the drug for personal 
use and local distribution. In 1993, the Drug Enforcement 
Administration (DEA) estimated a total seizure of 218 meth 
labs. In 2004, federal, state and local law enforcement 
officers netted almost 15,000 labs. Of this number, small meth 
labs accounted for the majority of all seizures and they were 
found in every state in the U.S.
    Small meth labs can be set up nearly anywhere--fields, 
woods, cars--but roughly two-thirds are found in residential 
settings. A typical lab requires little in the way of 
materials, and the ingredients used to manufacture meth are 
commercially available anywhere in the U.S. The main ingredient 
can be either pseudoepherine or ephedrine, two chemicals that 
are present in many over-the-counter cold and asthma 
medications, and the other chemicals are available in gasoline, 
drain cleaners, fertilizer and matches. The manufacture process 
requires almost no technical knowledge, and the recipe--as well 
as step-by-step instructions--is freely and easily available on 
the Internet.
    Of the 32 chemicals that can be used in varying 
combinations to make or ``cook'' meth, one-third are extremely 
toxic and many are reactive, flammable, and corrosive. In fact, 
nearly one in five labs is found because of fire or explosion, 
injuring or killing those involved in the manufacture of the 
drug as well as the law enforcement officers and the fire 
fighters who respond. During use and production, meth and other 
harmful chemicals are released into the air and distributed 
throughout the surrounding area. In residential settings, these 
chemicals collect on countertops and floors, and they are 
absorbed into furnishings, carpets and walls. In addition, for 
every pound of meth produced, approximately five to six pounds 
of toxic byproducts remain. This waste is frequently poured 
down drains or spilled onto the ground, where chemicals can 
migrate into drinking wells and leach into the soil.
    Once a meth lab is discovered, responsibility for cleanup 
and remediation typically falls to state and local governments 
and property owners. Although there are different statutes and 
regulations relating to meth labs, cleanup and remediation 
generally occurs in two distinct phases. The first phase is the 
cleanup of gross contaminants, which includes the removal of 
illicit laboratory equipment, chemicals and obviously damaged 
furnishings. During this phase, law enforcement secures the 
site, arranges for the removal of evidence, and oversees the 
cleanup. The second phase is the remediation of harder to 
identify residual contamination. During this phase, property 2 
owners are notified and responsibility passes to them, 
sometimes with the recommendation to engage a cleanup 
contractor.
    Currently there are no national guidelines or regulations 
on how to clean up and remediate a residential meth lab for 
reoccupation, and states and localities are struggling to 
protect the public and find a solution that is practical for 
property owners. While responses range from doing almost 
nothing to complete demolition, most remediation efforts 
involve one or more of the following measures: ventilation, 
encapsulation or sealing of interior surfaces, removal of 
drywall, decontamination of ventilation or wastewater systems, 
and removal of soil or treatment of contaminated groundwater. 
Depending on the remediation strategy, this can be expensive. 
According to one cleanup contractor, the cost to remediate a 
1,500 square foot rambler can range from $5,000--$15,000, and 
most insurance companies exclude ``contamination'' and ``felony 
activities'' from coverage for private homes and some 
commercial properties.
    As the meth epidemic continues to sweep the Nation, state 
statutes, regulations, local ordinances and guidelines related 
to the cleanup and remediation of meth labs have begun to 
emerge. Some states, particularly those where meth has been a 
big problem for a number of years, have significant statutory 
and regulatory provisions in place. Others have only more 
recently begun to address these concerns. Most, however, have 
become increasingly concerned about the cleanup and remediation 
issues related to meth labs and they have requested assistance 
in dealing with the growing number of small labs in their 
states, particularly those located in residential settings.

                          IV. Hearing Summary

    On Thursday, March 3, 2005, the Committee on Science held a 
hearing to examine the clean-up and remediation challenges of 
residential methamphetamine laboratories. The hearing also 
examined H.R. 798, the Methamphetamine Remediation Research Act 
of 2005, introduced by Ranking Member Bart Gordon. The 
Committee received testimony from Scott Burns, Deputy Director 
for State and Local Affairs at the White House Office of 
National Drug Control Policy. The Committee also heard from Ms. 
Sherry Green, Executive Director, National Alliance for Model 
State Drug Laws; Dr. John Martyny, Associate Professor, 
National Jewish Medical and Research Center; Mr. Henry 
Hamilton, Assistant Commissioner for Public Protection, New 
York State Department of Environmental Conservation; Mr. Gary 
Howard, Sheriff, Tioga County, New York; and Dr. Robert Bell, 
President, Tennessee Technological University.
     Mr. Burns described the extent of the meth problem 
in the U.S., the Federal government's progress in reducing the 
number of meth labs and the findings and recommendations of the 
Administration's ``National Synthetic Drugs Action Plan'' 
regarding methamphetamine laboratories.
     Ms. Green described state efforts to address the 
cleanup and remediation of former methamphetamine laboratories.
     Dr. Martyny and Dr. Bell endorsed H.R. 798 and 
discussed the research needs related to residential meth labs.
     Finally, the Committee heard from Sheriff Howard 
and Mr. Hamilton. Sheriff Howard described the challenges faced 
by those who seize these hazardous labs and endorsed H.R. 798. 
Mr. Hamilton described the Department's role in identifying and 
cleaning up contaminated sites and described the need for 
guidance to ensure the effective use of state resources and 
uniformity in response to meth labs.
     Testimony, submitted for the record, from the 
National Multi-Housing Council and the National Apartment 
Association described the challenges of small meth labs in 
residential, rental properties and expressed support for H.R. 
798.

                          V. Committee Actions

    On February 15, 2005, Ranking Member Bart Gordon, 
Representative Ken Calvert and Chairman Sherwood Boehlert 
introduced H.R. 798, the Methamphetamine Remediation Research 
Act of 2005, a bill to establish a federal program of research 
to support the development of voluntary guidelines on the 
remediation of former methamphetamine laboratories.
    The Environment, Technology, and Standards Subcommittee met 
on March 15, 2005 to consider H.R. 798. No amendments were 
offered. Mr. Wu moved that the Committee favorably report the 
bill, H.R. 798, to the Full Committee on Science, and that 
staff be instructed to make technical and conforming changes to 
the bill in accordance with the recommendations of the 
Subcommittee. The Motion was agreed to by voice vote.
    The Full Committee on Science met on March 17, 2005 to 
consider the bill. A substitute amendment, which made 
technical, clarifying and conforming changes to the underlying 
bill, was offered by Ranking Member Gordon. The amendment was 
adopted by voice vote. Mr. Gordon moved that the Committee 
favorably report the bill, H.R. 798, as amended, with the 
recommendation that the bill as amended do pass, that the staff 
be instructed to make technical and conforming changes to the 
bill as amended and prepare the legislative report, and that 
the Chairman take all necessary steps to bring the bill before 
the House for consideration. With a quorum present, the motion 
was agreed to by voice vote.

              VI. Summary of Major Provisions of the Bill

    The bill requires the Assistant Administrator of the Office 
of Research and Development at the Environmental Protection 
Agency (EPA) to establish a program of research on residues 
from the production of methamphetamines.
    The bill further requires the Assistant Administrator, in 
consultation with National Institute for Standards and 
Technology (NIST), to establish voluntary guidelines for 
preliminary site assessment and remediation of methamphetamine 
laboratories.
    The bill also requires the Assistant Administrator to 
convene a meeting of relevant state agencies, individuals and 
organizations to share best practices and identify research 
needs.
    The bill requires NIST, in consultation with EPA, to 
support a research program to develop methamphetamine 
laboratory detection technologies with an emphasis on field 
test kits and site detection.
    The bill also requires the EPA to enter into an arrangement 
with the National Academy of Sciences to study the status and 
quality of research on the residual effects of meth labs, 
identify research gaps, and recommend an agenda for the EPA 
research program.
    The bill authorizes $3 million for each of the Fiscal Years 
2006 through 2009 for EPA and authorizes $1.5 million for each 
of the Fiscal Years 2006 through 2009 for NIST.

        VII. Section-by-Section Analysis (by Title and Section)


                         SECTION 1. SHORT TITLE

    The Methamphetamine Remediation Research Act of 2005

                          SECTION 2. FINDINGS

                    SECTION 3. VOLUNTARY GUIDELINES

    Requires the Assistant Administrator for Research and 
Development at the Environmental Protection Agency (EPA), in 
consultation with the National Institute of Standards and 
Technology (NIST), to establish, within one year, voluntary 
guidelines for the remediation of former methamphetamine labs, 
including guidelines for preliminary site assessments and the 
remediation of residual contaminants.
    Requires that, in developing the guidelines, the Assistant 
Administrator consider relevant standards, guidelines and 
requirements in Federal, State and local laws and regulations; 
the varying types and locations of former methamphetamine labs; 
and expected costs.
    The voluntary guidelines are to be used to assist state and 
local governments. Requires the Assistant Administrator to work 
with state and local governments and other relevant nonfederal 
agencies and organizations, including through the conference 
required by section 5, to promote and encourage the appropriate 
adoption of the voluntary guidelines.
    Requires the Assistant Administrator to periodically update 
the voluntary guidelines, in consultation with states and other 
interested parties, to incorporate research findings and other 
new knowledge.

                      SECTION 4. RESEARCH PROGRAM

    Requires the Assistant Administrator to establish a 
research program of research to support the development and 
revision of the voluntary guidelines in section 3. Requires 
research to:
     identify methamphetamine laboratory-related 
chemicals of concern,
     assess the types and levels of exposure to 
chemicals of concern that may present a significant risk of 
adverse effects,
     better address adverse effects and minimize 
exposures,
     evaluate the performance of various 
methamphetamine laboratory cleanup and remediation techniques, 
and
     support other priorities identified by the 
Assistant Administrator in consultation with states and others.

               SECTION 5. TECHNOLOGY TRANSFER CONFERENCE

    Requires the Assistant Administrator to convene within 90 
days of the date of enactment, and every third year thereafter, 
a conference of state agencies and other individuals and 
organizations involved with the impacts of former 
methamphetamine laboratories. The conference should be a forum 
for the Assistant Administrator to provide information on the 
voluntary guidelines and the latest findings of the research 
program, as well as an opportunity for the nonfederal 
participants to provide information on their problems, needs 
and experiences with the voluntary guidelines.
    Requires the Assistant Administrator within three months of 
each conference to submit a report to Congress that summarizes 
the proceedings of the conference, including any 
recommendations or concern raised and a description of how the 
Assistant Administrator intends to respond to them. Requires 
the report to be made widely available to the general public.

                   SECTION 6. RESIDUAL EFFECTS STUDY

    Requires the Assistant Administrator to enter into an 
arrangement with the National Academy of Sciences within six 
months of the date of enactment to study the status and quality 
of research on the residual effects of methamphetamine 
laboratories. Requires the study to identify research gaps and 
recommend an agenda for the research program in section 4. 
Requires the study to focus on the need for research on the 
impact of methamphetamine laboratories on residents of 
buildings where labs are or were located.

 SECTION 7. METHAMPHETAMINE DETECTION RESEARCH AND DEVELOPMENT PROGRAM

    Requires the Director of NIST, in consultation with the 
Assistant Administrator, to support a research program to 
develop new methamphetamine detection technologies, with 
emphasis on field test kits and site detection and appropriate 
standard reference materials and validation procedures for 
methamphetamine detection testing.

                       SECTION 8. SAVINGS CLAUSE

    Provides that nothing in the Act shall be construed to 
change the regulatory authority of EPA.

               SECTION 9. AUTHORIZATION OF APPROPRIATIONS

    Authorizes $3 million for each of Fiscal Years 2006 through 
2009 for EPA. Authorizes $1.5 million for each of Fiscal Years 
2006 through 2009 for NIST.

                         VIII. Committee Views

    The program authorized by this Act requires the Assistant 
Administrator of the Office of Research and Development at EPA, 
within one year, to develop voluntary guidelines on preliminary 
site assessments and the remediation of residual contaminants. 
The Committee expects the initial voluntary guidelines to be 
largely based on a review of existing state guidance. For these 
initial guidelines, the Committee believes the Assistant 
Administrator should evaluate the existing science and state 
guidelines, using resources such as the National Alliance for 
Model State Drug Laws.
    In developing the guidelines, the Committee expects the EPA 
to take into consideration the estimated cost of carrying out 
any proposed guidelines. With respect to cost, the Committee 
believes the Assistant Administrator should remain cognizant of 
those who bear these costs--property owners in particular. The 
Committee is concerned that excessive remediation costs could 
result in the site being left untreated.
    The Committee expects the voluntary guidelines to be an 
evolving document that can offer guidance to states over time 
by incorporating new research findings as necessary. To that 
end, the Committee emphasizes the need to use the research 
program to update and revise the voluntary guidelines, 
particularly as new knowledge and new research findings become 
available.
    The Act requires the establishment of a federal program of 
research to support the development and revision of the 
voluntary guidelines. The Committee recognizes that very little 
funding--federal, state, local or private--is being directed at 
the national problem of the remediation of former 
methamphetamine labs. The Committee expects EPA to move forward 
rapidly with the research program.
    The Act requires the Assistant Administrator to convene a 
Technology Transfer Conference. The Committee believes the 
Conference will provide a national forum to share information. 
Initially, it will provide an opportunity for stakeholders, 
including states and local governments which have been trying 
to address the meth issue for years, to inform the drafting of 
voluntary guidelines. Future Conference meetings should provide 
a forum to share information on the implementation of the 
guidelines, disseminate new knowledge and research findings, 
and to update the research agenda. The Committee expects the 
Conference to include those involved in activities related to 
the impacts of former meth labs, including local law 
enforcement and nonprofit organizations like the National 
Jewish Medical and Research Center and the National Alliance 
for Model State Drug Laws.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science prior to the filing of this report and 
is included in Section X of this report pursuant to House Rule 
XIII, clause 3(c)(3).
    H.R. 798 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
798 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 31, 2005.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 798, the 
Methamphetamine Remediation Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 798--Methamphetamine Remediation Research Act of 2005

    Summary: H.R. 798 would establish a new research program 
for the cleanup of closed laboratories that have been used to 
produce methamphetamine. This legislation would authorize the 
appropriation of about $5 million for each of the fiscal years 
2006 through 2009 for the Environmental Protection Agency (EPA) 
and the National Institute of Standards and Technology (NIST) 
to support such a program. Such efforts by EPA and NIST would 
include establishing guidelines on assessing sites and cleaning 
up contaminants, holding a conference to discuss research and 
guidelines with interested parties, and supporting research for 
the development of the guidelines and new detection 
technologies. Finally, the bill would authorize a study by the 
National Academy of Sciences on the residual effects of 
methamphetamine.
    CBO estimates that implementing H.R. 798 would cost a total 
of $20 million over the 2006-2010 period, assuming 
appropriation of the authorized amounts. Enacting H.R. 798 
would not affect direct spending or receipts.
    H.R. 798 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA); 
any standards or guidelines developed by the EPA or NIST for 
developing and implementing legislation or policies by state 
and local governments would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 798 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment). For this estimate, CBO 
assumes that H.R. 798 will be enacted near the start of fiscal 
year 2006 and that the amounts authorized by the bill will be 
appropriated near the start of each fiscal year. Estimated 
outlays are based on historical spending patterns for similar 
programs.

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2006    2007    2008    2009    2010
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

EPA Research Program:
    Authorization Level.........       3       3       3       3       0
    Estimated Outlays...........       2       3       3       3       1
NTIS Research Program:
    Authorization Level.........       2       2       2       2       0
    Estimated Outlays...........       1       2       2       2       1
Spending Under H.R. 798:
    Authorization Level.........       5       5       5       5       0
    Estimated Outlays...........       3       5       5       5       2
------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 798 
contains no intergovernmental or private-sector mandates as 
defined in UMRA; any standards or guidelines developed by the 
EPA or NIST for developing and implementing legislation or 
policies by state and local governments would be voluntary.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman. 
Impact on State, Local, and Tribal Governments: Leo Lex. Impact 
on the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 798 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, the goal of 
H.R. 798 is to establish a Federal research program to support 
the development of voluntary guidelines to help states address 
the residual consequences of former methamphetamine 
laboratories.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 798.

                XV. Federal Advisory Committee Statement

    H.R. 798 does not establish nor authorize the establishment 
of any advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 798 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

      XVII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

      XVIII. Changes in Existing Law Made by the Bill, as Reported

    None.

                     XIX. Committee Recommendations

    On March 17, 2005, a quorum being present, the Committee on 
Science favorably reported the Methamphetamine Remediation 
Research Act, by a voice vote, and recommended its enactment.

   XX. Proceedings of the Markup by the Subcommittee on Environment, 
  Technology, and Standards on H.R. 798, Methamphetamine Remediation 
                          Research Act of 2005

                              ----------                              


                        TUESDAY, MARCH 15, 2005

              House of Representatives,    
               Subcommittee on Environment,
                         Technology, and Standards,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 1:04 p.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Vernon 
Ehlers [Chairman of the Subcommittee] presiding.
    Mr. Ehlers. Good afternoon. I am pleased to welcome you to 
the first--Subcommittee's first markup of the year. Pursuant to 
notice, we will consider three important measures today that 
together underlie the breadth of jurisdiction of the 
subcommittee. Given the number of bills we need to get through 
today, my opening statement will be brief, and then I will 
explain each bill in more detail as it is brought up.
    First we will consider H.R. 50, the National Oceanic and 
Atmospheric Administration Act. This bill, a reintroduction of 
legislation I authored last Congress, would create an organic 
act for NOAA. This is a term that puzzled me when I first got 
here because, to me, organic had something to do with organic 
chemistry or organic gardening or organic food stores; but an 
organic act in the Congress is an act which is an original act 
establishing an agency and outlining its functions and 
purposes. This organic act for NOAA would provide the 
underlying statute of missions and functions to be carried out 
by NOAA, something that has not existed since the agency was 
formed by executive order in 1970--established by executive 
order. It has been modified by executive order and by law 
since, but we have never had an organic act, so today we are 
trying to remedy that.
    Next, we will consider H.R. 250, the Manufacturing 
Technology Competitiveness Act. This bill is nearly identical 
to legislation I introduced last Congress and which passed the 
House last July. Unfortunately, the bill did not receive action 
in the Senate, and so we are proposing it once again.
    The main focus of the bill is an authorization for the 
Department of Commerce Manufacturing Extension Partnership 
Program.
    And finally, we will consider H.R. 798, the Methamphetamine 
Remediation Research Act. This bill, introduced by Ranking 
Member Gordon, Representative Calvert, and Chairman Boehlert, 
would create a research program at the Environmental Protection 
Agency to study the harmful effects of methamphetamine and to 
provide important voluntary guidelines for states to use as 
they try to clean up former meth laboratories. I suspect many 
people are not aware of the extent of this problem and the 
dangers involved, but meth labs are springing up, primarily in 
rural areas, particularly wooded areas--and I know Oregon is 
having considerable problems with them; we have in Michigan as 
well because both states have substantial wooded areas where 
you can conceal a shack and try to manufacture methamphetamine.
    There are several aspects of danger there. One is that very 
frequently, because of the danger of the components--and in 
fact, the explosive nature of the components--frequently an 
explosion occurs, which obliterates the shack and the people 
within it, so we lose a number of young people every year who 
are engaged in this dangerous pursuit. Even more frequently, 
they use a particular structure for this; it becomes very--it 
collects a lot of toxic materials because there is a great deal 
of toxic material going into the production of methamphetamine. 
They actually become not quite superfund sites, but pretty 
close to it, and local governments are having a great deal of 
trouble cleaning them up to a reasonable standard, and the 
expense is substantial for small units of government.
    Now, I am pleased that Mr. Wu has introduced this bill, 
which will deal with this problem, not only in Oregon and 
Michigan, but throughout the country. With that, I am proud to 
introduce Mr. Wu from Oregon, the Subcommittee's new Ranking 
Member. I have worked before with Mr. Wu on a number of issues. 
I know he has a strong interest and considerable experience in 
the issues before the Subcommittee. I am very happy that he has 
joined us in this position.
    I want to thank Mr. Udall. He is on the way but not here 
yet. I want to thank Mr. Udall from Colorado, who was a Ranking 
Member for the past four years. We had a very productive 
relationship, and now he is Ranking Member of the Space 
Subcommittee, where spacey Members end up. And I am sorry to 
lose him for that purpose, but delighted that Mr. Wu is his 
replacement. I am pleased that Mr. Udall will continue to be a 
Member of the Subcommittee.
    I am now pleased to yield to Mr. Wu for an opening 
statement.
    [The prepared statement of Chairman Ehlers follows:]
            Prepared Statement of Chairman Vernon J. Ehlers
    Good afternoon! Welcome to the Subcommittee's first markup of the 
year. Pursuant to notice, we will consider three important measures 
today that together underlie the breadth of jurisdiction of the 
Subcommittee. Given the number of bills we need to get through today, 
my opening statement will be brief and then I will explain each bill in 
more detail as it is brought up.
    First, we will consider H.R. 50, the National Oceanic and 
Atmospheric Administration (NOAA) Act. This bill, a reintroduction of 
legislation I authored last Congress, would create an ``organic act'' 
for NOAA. This organic act would provide the underlying statute of 
missions and functions to be carried out by the NOAA, something that 
has not existed since the agency was formed by executive order in 1970.
    Next, we will consider H.R. 250, the Manufacturing Technology 
Competitiveness Act. This bill is nearly identical to legislation I 
introduced last Congress, and which passed the House last July. The 
main focus of the bill is an authorization for the Department of 
Commerce's Manufacturing Extension Partnership (MEP) program.
    And finally, we will consider H.R. 798, the Methamphetamine 
Remediation Research Act. This bill, introduced by Ranking Member 
Gordon, Representative Calvert and Chairman Boehlert, would create a 
research program at the Environmental Protection Agency (EPA) to study 
the harmful effects of methamphetamine and provide important voluntary 
guidelines for states to use as they try to clean up former ``meth'' 
laboratories.
    I am proud to introduce Mr. Wu from Oregon, the Subcommittee's new 
Ranking Member. I know that Mr. Wu has a strong interest and 
considerable experience in the issues before the Subcommittee, and I am 
very happy that he has joined us. I want to thank Mr. Udall, from 
Colorado, who was our Ranking Member for the past four years. We had a 
very productive relationship and now he is the Ranking Member of our 
Space Subcommittee. I am pleased he will still be a Member of our 
subcommittee.
    I now yield to Mr. Wu for an opening statement.

    Mr. Wu. Thank you very much, Mr. Chairman. And I look 
forward to working with you in a very productive relationship 
concerning the broad range of this subcommittee's jurisdiction 
in technology transfer, competitiveness, and other crucial 
issues for our research, our tech transfer, and our economy. 
And in your spirit, Mr. Chairman, I will be brief, even 
laconic. I am very pleased to be here with you to participate 
in our subcommittee's first markup, markup of the NOAA Organic 
Act, the Manufacturing Technology Competitiveness Act, and the 
Methamphetamine Remediation Research Act. And with that, Mr. 
Chairman, I yield back the balance of my time.
    Mr. Ehlers. I thank the gentleman and would just correct 
myself. I mentioned this was your bill; it is actually Mr. 
Gordon's bill, joined with the methamphetamine. But it is 
certainly a bill which is worthy of your attention.
    Mister--without object, all Members--all other Members may 
place statements in the records, and I ask unanimous consent to 
recess the Subcommittee at any point, and without objection it 
is so ordered; I hear no objection.
    [The prepared statement of Mr. Davis follows:]
           Prepared Statement of Representative Lincoln Davis
    Good afternoon. Thank you, Mr. Chairman and Ranking Member.
    At a recent Science Committee hearing, methamphetamine abuse was 
discussed in the context of how it has become a health crisis affecting 
rural areas of our country more than any others.
    I believe that Mr. Gordon's bill, H.R. 798, provides a solid 
foundation to help address this issue. I am pleased with the speed at 
which the Science Committee has moved on legislation addressing this 
issue.
    As you may know, Tennessee ranks third in the Nation in the total 
number of meth clandestine incidents reported in 2004. In fact, 75 
percent of all the meth lab seizures in the Southeast are in Tennessee.
    Congress must take action to address and help resolve this problem. 
I would like to thank my colleagues on both sides of the aisle for 
working to move this bill through the Committee, and hopefully, to the 
President's desk to be signed into law. Lives are depending on it.
    Thank you, Mr. Chairman and Ranking Member. I yield back the 
balance of my time.

    Mr. Ehlers. The final bill H.R. 798. We will now consider 
the bill H.R. 798, the Methamphetamine Remediation Research Act 
of 2005. H.R. 798 is a bipartisan effort led by Ranking Member 
Gordon, Mr. Calvert, and Chairman Boehlert to combat the 
illegal production and use of methamphetamine, a drug that 
harms human health and poisons the environment.
    The bill addresses these concerns by requiring EPA to 
establish a research program to support development of 
voluntary cleanup guidelines to determine when a former meth 
lab is safe for human habitation. It also supports research to 
develop methamphetamine lab detection technologies and to 
better understand the biological effects caused by meth 
production. H.R. 798 seeks to provide the information and tools 
necessary to protect human health and the environment and to 
safeguard our communities.
    I recognize Mr. Wu to present his----
    Mr. Wu. Thank you very much, Mr. Chairman. Meth abuse and 
production in the United States has grown to epidemic 
proportions during the past five years. Meth creates havoc in 
our communities, stretching thin our law enforcement and 
community service resources. Unlike other drug epidemics, the 
meth epidemic also leaves toxic mini-waste dumps wherever meth 
has been produced. In addition, meth is frequently made in 
residential settings where children are present, and chemical 
residue can harm the health of future residents.
    States are taking action to address this issue. My State of 
Oregon has been especially active in developing guidelines for 
the cleanup of former meth labs. I must note that Oregon and 
Washington have both developed standards; however, the 
standards are different. States need additional assistance in 
their efforts, and this is the gap filled by H.R. 798.
    This bill would provide the research structure for the 
development of health-based cleanup guidelines. It also 
provides for a study of the long-term health effects on 
children and first responders to--of the meth labs.
    I am proud to be an original co-sponsor of this bipartisan 
legislation and thank the Chairman for his earlier credit--had 
I thought of it, I would have written the bill, but I am proud 
to be an original co-sponsor.
    I thank the Chairman, and I urge my colleagues to support 
the legislation and yield back the balance of my time.
    Mr. Ehlers. I appreciate the comments of Mr. Wu, and I also 
support the bill. I ask unanimous consent that the bill is 
considered as read and open to amendment at any point and that 
the Members proceed with the amendments in the order of the 
roster. Without objection, so ordered.
    Are there any amendments? Hearing none, the question is on 
the bill H.R. 798, the Methamphetamine Remediation Research Act 
of 2005. All those in favor will say aye. All those opposed 
will say no. In the opinion of the Chair, the ayes have it.
    I will now recognize Mr. Wu to offer a motion.
    Mr. Wu. Mr. Chairman, I move that the Subcommittee 
favorably report the bill H.R. 798 to the Full Committee. 
Further, I ask unanimous consent that the staff be instructed 
to make all necessary technical and conforming changes to the 
bill, in accordance with the recommendation of the 
Subcommittee.
    Mr. Ehlers. The question is on the motion to report the 
bill favorably. Those in favor of the motion will signify by 
saying aye. Those opposed, no. The ayes have it, and the motion 
is favorably acted upon.
    Without objection, the motion to reconsider is laid upon 
the table. I wish to express my appreciation to all of the 
Members of the Committee for the rapid action on this group of 
bills and the good spirit in which we have all approached these 
bills and tried to improve them. So I appreciate your 
consideration. I thank the Committee Members for their 
attendance. This concludes our Subcommittee markup.
    [Whereupon, at 1:46 p.m., the Subcommittee was adjourned.]
                               Appendix:

                              ----------                              


                 H.R. 798, Section-by-Section Analysis



                Section-by-Section Analysis of H.R. 798,
            Methamphetamine Remediation Research Act of 2005

Section 1. Short title.

    The Methamphetamine Remediation Research Act of 2005

Section 2. Findings.

Section 3. Voluntary Guidelines. Requires the Assistant Administrator 
                    for Research and Development at the EPA (EPA), in 
                    consultation with the National Institute of 
                    Standards and Technology (NIST), to establish 
                    within one year voluntary guidelines for the 
                    remediation of former methamphetamine labs, 
                    including preliminary site assessments and the 
                    remediation of residual contaminants.

    Requires the Assistant Administrator to consider relevant 
standards, guidelines and requirements in federal, State and local laws 
and regulations, the varying types and locations of former 
methamphetamine labs, and the expected cost of carrying out any 
proposed guidelines in developing the guidelines.
    States that the voluntary guidelines are to be used to assist State 
and local governments in the development and implementation of 
legislation and other policies to apply state-of-the-art knowledge to 
the remediation of former labs. Requires the Assistant Administrator to 
work with State and local governments and other relevant nonfederal 
agencies and organizations, including through the conference in section 
5, to promote and encourage the appropriate adoption of the voluntary 
guidelines.
    Requires the Assistant Administrator to periodically update the 
voluntary guidelines, in consultation with states and other interested 
parties, as necessary and appropriate to incorporate research findings 
and other new knowledge.

Section 4. Research Program.

    Requires the Assistant Administrator to establish a program of 
research to support the development and revision of the voluntary 
guidelines in section 3. Requires research to identify methamphetamine 
laboratory-related chemicals of concern, assess the types and levels of 
exposure to chemicals of concern that may present a significant risk of 
adverse biological effects, better address biological effects and 
minimize adverse human exposures, evaluate the performance of various 
methamphetamine laboratory cleanup and remediation techniques, and 
support other priorities, identified by the Assistant Administrator in 
consultation with states and others.

Section 5. Technology Transfer Conference.

    Requires the Assistant Administrator to convene within 90 days and 
every third year thereafter a conference of State agencies and other 
individuals and organizations involved with the impacts of former 
methamphetamine laboratories. States that the conference should be a 
forum for the Assistant Administrator to provide information on the 
voluntary guidelines and the latest findings of the research program as 
well as an opportunity for the non-federal participants to provide 
information on their problems, needs and experiences with the voluntary 
guidelines.
    Requires the Assistant Administrator within three months to submit 
a report to Congress that summarizes the proceedings of the conference, 
including any recommendations or concern raised and a description of 
how the Assistant Administrator intends to respond to them. Requires 
the report to be made widely available to the general public.

Section 6. Residual Effects Study.

    Requires the Assistant Administrator to enter into an arrangement 
with the National Academy of Science within six months to study the 
status and quality of research on the residual effects of 
methamphetamine laboratories. Requires the study to identify research 
gaps and recommend an agenda for the research program in section 4. 
Requires the study to focus on the need for research on the impact of 
methamphetamine laboratories on residents of buildings where labs are 
or where located, with particular emphasis on the biological effects on 
children and on first responders.

Section 7. Methamphetamine Detection Research and Development Program.

    Requires the Director of NIST, in consultation with the Assistant 
Administrator, to support a research program to develop new 
methamphetamine detection technologies, with emphasis on field test 
kits and site detection and appropriate standard reference materials 
and validation procedures for methamphetamine detection testing.

Section 8. Savings Clause.

    Provides that nothing in this Act shall be construed to change the 
regulatory authority of the EPA.

Section 9. Authorization of Appropriations.

    Authorizes $3 million for each of fiscal years 2006 through 2009 
for the EPA. Authorizes $1.5 million for each of fiscal years 2006 
through 2009 for NIST.

      XXI. Proceedings of the Full Committee Markup on H.R. 798, 
            Methamphetamine Remediation Research Act of 2005

                              ----------                              


                        THURSDAY, MARCH 17, 2005

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:05 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Sherwood L. 
Boehlert [Chairman of the Committee] presiding.
    Chairman Boehlert. The Science Committee will come to 
order.
    Pursuant to notice, the Committee on Science meets to 
consider the following measures: H.R. 1023, Charles ``Pete'' 
Conrad Astronomy Awards Act; H.R. 1158, To reauthorize the 
Steel and Aluminum Energy Conservation and Technology 
Competitiveness Act of 1988; H.R. 28, High-Performance 
Computing Revitalization Act of 2005; H.R. 1215, the Green 
Chemistry Research and Development Act of 2005, and how 
appropriate that we entertain this on St. Patrick's Day; 
H.Con.Res. 96, Recognizing the significance of African American 
women in the United States scientific community; and H.R. 798, 
Methamphetamine Remediation Research Act of 2005.
    Before we proceed with the markup, however, the Committee 
must first dispense with some administrative business.
    I recognize Mr. Gordon to offer a request regarding 
Democratic Subcommittee membership.
    Mr. Gordon.
    Mr. Gordon. Thank you, Mr. Chairman.
    By direction of the Democratic caucus of the Science 
Committee, I ask unanimous consent to ratify the election of 
Representative Brad Miller of North Carolina to the 
Subcommittee on Research, thereby filling one of the existing 
Democratic vacancies.
    Chairman Boehlert. Without objection, so ordered.
    I ask unanimous consent for the authority to recess the 
Committee at any point during consideration of these matters, 
and without objection, it is so ordered.
    That concludes the Committee's organizational business, and 
we will now proceed with the markup beginning with opening 
statements. And I shall begin with mine.
    I want to welcome everyone here for our St. Patrick's Day 
markup. I hope that the markup will leave everyone seeing 
green, not because we are spending lots of money, but because 
we are environmentally-friendly and because others should be 
green with envy over the ability of this committee to move 
sensible, bipartisan legislation.
    The bills before us today deal with a wide variety of 
critical problems, including the need to improve our energy 
efficiency, the need to improve our technological 
competitiveness, the need to improve our environment, the need 
to protect our citizens from the impacts of drug abuse, the 
need to have a more diverse scientific workforce, and the need 
to increase interest in science among the general public.
    All of these bills have broad support. Four of them passed 
the House last year: the Charles ``Pete'' Conrad Astronomy 
Awards, the Steel and Aluminum Energy Conservation and 
Technology Competitiveness Act, the High-Performance Computing 
Revitalization Act, and the Green Chemistry Research and 
Development Act. The Senate ran out of time to take up these 
bills. They were still pending without prejudice when the clock 
ran out, and we are optimistic about moving them through the 
entire process in this Congress.
    The other two items before us should also move swiftly: the 
resolution recognizing African American women in science, and 
the Methamphetamine Remediation Research Act, which we held a 
very productive hearing on earlier this month.
    I want to move this markup along, so let me just close by 
thanking all of my colleagues on both sides of the aisle, who 
introduced and contributed to these important bills.
    Mr. Gordon.
    [The prepared statement of Chairman Boehlert follows:]
            Prepared Statement of Chairman Sherwood Boehlert
    I want to welcome everyone here for our St. Patrick's Day markup. I 
hope that the markup will leave everyone seeing green--not because 
we're spending lots of money, but because we're environmentally 
friendly and because others should be green with envy over the ability 
of this committee to move sensible, bipartisan legislation.
    The bills before us today deal with a wide variety of critical 
problems, including the need to improve our energy efficiency, the need 
to improve our technological competitiveness, the need to improve our 
environment, the need to protect our citizens from the impacts of drug 
abuse, the need to have a more diverse scientific workforce, and the 
need to increase interest in science among the general public.
    All these bills have broad support. Four of them passed the House 
last year--the Pete Conrad Astronomy Awards, the Steel and Aluminum 
energy Conservation Act, the High Performance Computing Revitalization 
Act, and the Green Chemistry Research and Development Act. The Senate 
ran out of time to take these bills up--they were still pending without 
prejudice when the clock ran out--and we're optimistic about moving 
them through the entire process this Congress.
    The other two items before us should also move swiftly, the 
resolution recognizing African American women in science, and the 
Methamphetamine Remediation Research Act, which we held a hearing on 
earlier this month.
    I want to move this markup along, so let me just close by thanking 
all my colleagues on both sides of the aisle who introduced and 
contributed to these important bills. Mr. Gordon.

    Mr. Gordon. Mr. Chairman, in keeping with the date, you 
seem to have brought your blarney with you, and I wish to 
compliment you for this--for the efforts to revisit our 
unfinished legislative agenda from the past Congress and for 
your willingness to explore some new legislative areas.
    I am especially pleased that Mr. Calvert and my 
Methamphetamine Remediation Act is getting the rapid 
consideration it deserves. We thank you and over 1/3 of our 
committee's membership for signing on as co-sponsors. The 
methamphetamine epidemic is a scourge on rural America, 
affecting many of our Congressional Districts that must be 
addressed. And I will explain more about the importance of this 
bill later in the markup.
    Our committee's legislative environment in high-performance 
computing goes back at least 20 years. The bipartisan High-
Performance Computing Act of 1991 that today's bill amends was 
instrumental in getting the various departments of the 
Executive Branch working together to apply the power of 
supercomputers to our society's major challenges. And we have 
been working together on today's amendments to the High-
Performance Computing Act for really two Congresses now. We on 
the Democratic side are very supportive of this important 
legislation.
    We will consider another important resolution by 
Congresswoman Eddie Bernice Johnson, recognizing the 
significant contributions that African American women have made 
to science. Given our need to encourage young men and women of 
all races to enter into the science and technology fields, I 
compliment Congresswoman Johnson for her advocacy of this 
resolution.
    And our former Committee colleague, Doug Walgren, 
introduced the Steel and Aluminum Energy Conservation and 
Technology Competitiveness Act of 1988 at that time when the 
steel industry in the United States was experiencing hard time 
and high energy costs and consumption. The program established 
under this act has led a steel industry technology roadmap and 
10 cost-sharing projects that have permitted the industry to 
modernize and to better meet the new higher-weight products 
needed--or lighter-weight products needed by the auto industry 
and other industry customers. We on the Democratic side are 
supportive of the effort of Congresswoman Hart and our new 
Member, Congressman Lipinski, to reauthorize this important 
program.
    The Green Chemist Research and Development Act is also an 
important act today, and it is an improved over last 
introduction. We are pleased it incorporates several Democratic 
amendments offered during the last consideration. However, the 
bill still does not do all we should be doing moving into--
moving in the right direction for green chemistry practices, 
and I think we will see some amendments this morning that would 
improve that bill.
    Therefore, I will yield the balance of my time and look 
forward to moving forward today.
    [The prepared statement of Mr. Gordon follows:]
            Prepared Statement of Representative Bart Gordon
    I wish to compliment Mr. Boehlert for his efforts to revisit our 
unfinished legislative agenda from the past Congress and for his 
willingness to explore new legislative areas.
    I am especially pleased that Mr. Calvert's and my Methamphetamine 
Remediation Research Act of 2005 is getting the rapid consideration it 
deserves. We thank you and over a third of our committee's membership 
for signing on as co-sponsors.
    The methamphetamine epidemic is a scourge on rural America, 
affecting many of our Congressional districts, that must be addressed. 
I will explain more about the importance of this bill later in the 
markup.
    Our committee's legislative involvement in high-performance 
computing goes back at least 20 years. The bipartisan High-Performance 
Computing Act of 1991 that today's bill amends was instrumental in 
getting the various Departments of the Executive Branch working 
together to apply the power of supercomputers to our society's major 
challenges.
    We have been working together on today's amendments to the High-
Performance Computing Act for two Congresses now. We on the Democratic 
side are very supportive of this important legislation.
    We will consider an important resolution by Congresswoman Eddie 
Bernice Johnson recognizing the significant contributions that African 
American Women have made to science. Given our need to encourage 
American young men and women of all races to enter into scientific and 
technical fields, I compliment Congresswoman Johnson on her advocacy of 
this resolution.
    Our former committee colleague Doug Walgren introduced the Steel 
and Aluminum Energy Conservation and Technology Competitiveness Act of 
1988 at a time when the steel industry in the United States was 
experiencing hard times and high energy costs and consumption.
    The program established under this Act has led a steel industry 
technology roadmap and ten cost-shared projects that have permitted the 
industry to modernize and to better meet the new lighter weight 
products needed by the auto industry and other industry customers. We 
on the Democratic side are supportive of the efforts of Congresswoman 
Hart and our new Member, Congressman Lipinski to reauthorize this 
important program.
    The Green Chemistry Research and Development Act, H.R. 1215, is 
improved over its last introduction.
    We are pleased that it incorporates several Democratic amendments 
offered during its last consideration, including my amendment to 
establish a grant program to enable colleges and universities to update 
their curricula to include training in green chemistry. However, the 
bill still does not do all we should be doing to move green chemistry 
practices from the laboratory bench into everyday practice. Therefore, 
we will be offering several amendments today to further improve this 
legislation.

    Chairman Boehlert. Thank you very much, Mr. Gordon.
    Without objection, Members may place statements in the 
record at this point.
    [The prepared statement of Mr. Costello follows:]
         Prepared Statement of Representative Jerry F. Costello
    Good morning. Today, the House Science Committee is considering six 
bills for markup. Most are non-controversial and receive wide 
bipartisan support.
    First, I would like to thank Chairman Boehlert, Ranking Member 
Gordon, and Representative Calvert for introducing H.R. 798, the 
Methamphetamine Remediation Research Act of 2005. As a proud co-sponsor 
of H.R. 798, I am pleased the legislation has moved quickly through the 
Science Committee and am hopeful it will come to the House Floor soon.
    This legislation is urgently needed because methamphetamine abuse 
and addiction continues to grow throughout the United States. In my 
home State of Illinois, methamphetamine use has significantly increased 
in the last few years. Alarmingly, almost 10 percent of the meth labs 
seized by law enforcement officials in 2004 were in Illinois. Clearly, 
methamphetamine abuse is a very serious problem in my congressional 
district and I strongly support Ranking Member Gordon's bill because it 
establishes a federal research program that would develop voluntary 
standards to help states deal with the challenges associated with 
methamphetamine abuse. I worked closely with the State and local law 
enforcement officials in my district to secure funding in 2003 and 2004 
for a grant program in Southern Illinois to train approximately 100 law 
enforcement officials across the region in dismantling and cleaning up 
meth labs. In addition, Drug Task Forces were formed in Southern 
Illinois to fight against the methamphetamine problem that has reached 
epidemic proportions. We cannot allow the methamphetamine problem to 
overwhelm law enforcement officials and it is critical we implement a 
strategy to help our communities respond.
    Secondly, I would like to thank the Chairman for agreeing to markup 
H.R. 1158, a bill To reauthorize the Steel and Aluminum Energy 
Conservation and Technology Competitiveness Act of 1998. As a Member of 
the Congressional Steel Caucus, I am pleased this committee is taking 
an active role to keep the steel industry competitive in today's global 
marketplace. Many are aware that the steel industry suffered a major 
crisis a few years back, which caused four steel companies in Illinois 
to file for bankruptcy, including Laclede Steel and the parent company 
for Granite City Steel, which are in my district. More than 5,000 steel 
workers have lost their jobs in Illinois alone. Therefore, I urge my 
colleagues to support H.R. 1158 to reauthorize important funding 
measures to improve the health of the domestic steel industry.
    Mr. Chairman, I want to thank the Committee for all their hard work 
on these important issues and look forward to today's proceedings.

    [The prepared statement of Mr. Wu follows:]
             Prepared Statement of Representative David Wu
    Meth abuse and production in the U.S. has grown to epidemic 
proportions during the past five years. Meth creates havoc in our 
communities--stretching thin our law enforcement and community service 
resources.
    Unlike other drug epidemics, the meth epidemic also leaves toxic 
waste dumps where ever meth has been produced. In addition, meth is 
frequently made in residential settings where children are present and 
chemical residue can harm the health of future residents.
    States are taking action to address this issue. My State of Oregon 
has been especially active in developing guidelines for the cleanup of 
former meth labs. However, states need additional assistance in their 
efforts and this is the gap filled by H.R. 798.
    H.R. 798 would provide the research structure for the development 
of health-based clean-up guidelines. It also provides for a study of 
the long-term health effects on children and first-responders of meth 
labs.
    I am proud to be an original co-sponsor of this bipartisan 
legislation. I would urge my colleagues to support this bill.

    [The prepared statement of Mr. Davis follows:]
           Prepared Statement of Representative Lincoln Davis
    Good morning. Thank you, Mr. Chairman and Ranking Member.
    I want to urge my colleagues to support H.R. 798, as I believe it 
addresses a health crisis, and time is of the essence. Methamphetamine 
abuse affects rural areas of our country more than any others.
    As you may know, Tennessee ranks third in the nation in the total 
number of meth clandestine incidents reported in 2004. In fact, 75 
percent of all the meth lab seizures in the Southeast are in Tennessee.
    I would again like to thank my colleagues on both sides of the 
aisle for working to quickly move this bill through the Committee, and 
hopefully, to the President's desk to be signed into law. This bill is 
very important to me and to many other Members of this committee.
    Thank you, Mr. Chairman and Ranking Member. I yield back the 
balance of my time.

    Chairman Boehlert. We will now consider H.R. 798, 
Methamphetamine Remediation Research Act of 2005, as amended.
    I yield to Mr. Calvert, the lead Republican sponsor of the 
bill.
    Mr. Calvert.
    Mr. Calvert. Thank you, Mr. Chairman.
    Mr. Chairman, I just wanted to say I am proud to have 
joined you and Mr. Gordon on this important effort. The Science 
Committee is doing its part through H.R. 798, the 
Methamphetamine Remediation Research Act of 2005, to continue 
to fight against methamphetamine by attacking this problem 
head-on. I strongly urge my colleagues to support this common 
sense legislation, and with you--I want to thank you, Mr. 
Gordon, and thank you, Mr. Chairman, once again.
    And I yield back the balance of my time.
    Chairman Boehlert. And your partner in this endeavor, Mr. 
Gordon, and a real leader in the whole effort nationally.
    Mr. Gordon. Thank you, Chairman Boehlert.
    Let me, I guess, as we are thanking everybody, I want to 
also throw some thanks back, and that is to thank 
Representative Calvert and Chairman Boehlert for working with 
me on this bill, H.R. 798, the Methamphetamine Remediation 
Research Act of 2005. We have really moved this bill with great 
cooperation and with unusual rapidness. And I want to extend, 
also, my thanks to Kara Haas on the Majority staff, and Deena 
Contreras in Representative Calvert's office, for their hard 
work, as well as Mike Quear, who really has done yeomen's work 
in bringing this before us.
    Everyone today that votes on this bill, you can go home 
tonight knowing that you voted on a bill that is going to save 
lives and reduce the heartache in a lot of families that are 
being touched by this methamphetamine problem. So we have all 
at least done one good thing today.
    Thank you, Mr. Chairman.
    [The prepared statement of Mr. Gordon follows:]
            Prepared Statement of Representative Bart Gordon
    I will be very brief this morning. Chairman Boehlert has already 
summarized the provisions in the bill.
    I want to thank Rep. Calvert and Chairman Boehlert for working with 
me on H.R. 798, the Methamphetamine Remediation Research Act of 2005. 
Rep. Calvert and Chairman Boehlert both recognize the challenges facing 
our local communities caused by meth abuse and production. I also want 
to thank Kara Haas on the majority staff and Deena Contreras in Rep. 
Calvert's office for their hard work on this legislation as well.
    I just want to say one final thing. We are often hard-pressed in 
the Science Committee to explain how the Committee's jurisdiction and 
legislation impact our constituents. H.R. 798 shows how agencies and 
their research activities can address problems that our communities 
face now.

    Chairman Boehlert. Thank you.
    Let me once again commend both you and Mr. Calvert for your 
leadership in this issue.
    This issue, as Mr. Calvert knows, was considered in the 
early stages as sort of a West Coast phenomenon. It no longer 
is. It is a national problem. And your State of Tennessee has 
provided some real leadership in dealing very aggressively with 
it. Methamphetamine is a serious, serious issue for all 
America, and we better darn well pay attention to it. This 
committee is trying to provide some leadership in connection 
with this legislation to authorize research at the 
Environmental Protection Agency, to authorize continued 
progress through the National Institute of Standards and 
Technology that will help us help our law enforcement 
officials, help all Americans deal in a very responsible, 
meaningful way with this.
    And I know there are a lot of my colleagues who probably 
wish to speak to this, so the Chair will now recognize Mr. 
Carnahan.
    Mr. Carnahan. Thank you, Mr. Chairman, Ranking Member 
Gordon, and Representative Calvert, and all of the other 
bipartisan co-sponsors on H.R. 798.
    As a new Member, I am especially proud to be an original 
co-sponsor of this bill. It will aid our local law enforcement, 
environmental regulations, health care officials in coping with 
meth abuse across this country. Currently, the harmful effects 
of contamination are not even fully realized in first 
responders, future inhabitants of homes, and sadly children are 
at risk with developing health problems.
    I am very sensitive to this issue because it is so 
widespread, especially in the rural areas outside of St. Louis. 
In my home State of Missouri, it is also the home State of 
Representative Akin on this committee, we have the unfortunate 
distinction of being the number one state in the country, by 
more than double, for methamphetamine lab seizures. 
Furthermore, in Jefferson County, which is in my District, has 
the most seizures and arrests related to meth in the State of 
Missouri. So I am--while I am proud of the job that our local 
law enforcement has done in coping with this issue, like many 
others on this committee, we are troubled by the prevalence of 
meth abuse, especially in the heartland of this country.
    So I am pleased that the Congress is going to have an 
opportunity to work on this and for the work of this committee 
and would respectfully ask for my fellow Members to support 
this bill.
    Chairman Boehlert. Thank you, sir, very much.
    Mr. Costa.
    Mr. Costa. Thank you, too, Mr. Chairman, and Ranking Member 
Gordon, and Congressman Ken Calvert, for introducing this 
important measure.
    The Methamphetamine Remediation Act of 2005 is, frankly, 
long overdue. From hearing from the comments of our fellow 
colleagues, I think it is very clear that the spread of 
methamphetamines throughout the country is, unfortunately, in 
many cases, in epidemic proportions in the abuse of this 
terrible, terrible drug. This bill obviously, I think, really 
closes a loop. From my previous experience as a member of the 
California legislature, we, over the last two years, worked 
hard to combine local and State resources to combat this 
effort, and I think what this provides is the federal effort to 
combine those resources on the local and State level by 
providing not only the development of a national health-based 
cleanup guideline effort, but also the field test kits to 
detect these labs and provide a funding of studies for the 
long-term health effects for law enforcement agencies who are 
out there trying to clean up these labs and to eliminate them. 
Too often we see in rural areas trailer homes where children 
are there and these meth labs are in the middle of their 
production. And of course, they are impacted as well.
    Let me just bring it home locally and why I am proud as 
well to be a co-sponsor of this original legislation. In the 
Silicon Valley, where I come from, law enforcement and health 
officials have been waging this meth production war and cleanup 
for 20 years. Central California high-intensity drug 
trafficking area is a nine-county law enforcement task force 
that is established to identify, arrest, and prosecute 
methamphetamine manufacturers and distributors. Unfortunately, 
Members of this committee, I have to report in 2003, in 
California, 77 percent of the meth lab seizures were defined as 
super labs. According to the annual report, this coordinated 
effort in the Valley has been successful with the dramatic 
reduction of super lab seizures, going from 27 in 2003 to nine 
in 2004.
    All of this, I think, warrants our support for this 
important legislation, and I applaud the efforts of the 
Committee and the authors of this measure, and I, too, add my 
support.
    Chairman Boehlert. All right. Thank you.
    You heard the bell, so let--unless anyone feels compelled 
to speak--briefly, Dr. Ehlers.
    Mr. Ehlers. Thank you, Mr. Chairman.
    I support the bill, and I appreciate the sponsors and co-
sponsors that have brought it before us.
    But I would just like to take a moment to sound a note of 
regret. This is once a case--once again a case where this 
nation wants to put resources into cleaning up after drug 
problems. And this is just one of many such cases. I don't get 
angry very easily, but my blood boils when people talk about 
recreational drug use, because there is no such thing. Drug 
use, of various types, leads to trouble, to problems, societal 
problems, and generally the Federal Government, State 
government, local government is left to pick up the pieces, 
whether it is mental health treatment or the clean up of meth 
labs or anything in between.
    It is a very--a huge frustration to me that this problem 
exists in our country, and I hope we can really get the message 
out to the younger people as well as the older people who are 
involved in this and just indicate the huge problems this 
creates, and it has so many dimensions. A good share of the 
cost of the attack on 9/11 was funded with drug money furnished 
by Americans to purchase drugs from countries that, in fact, 
diverted those revenues, or individuals who diverted those 
revenues to the 9/11 attack and other things. We have got to 
come to our senses on this, and this bill is a good example of 
why we have to come to our senses.
    Chairman Boehlert. Thank you so much, and for someone with 
front-line experience, the Chair recognizes Mr. Reichert for a 
brief intervention.
    Mr. Reichert. Thank you, Mr. Chairman.
    I will keep this very, very short.
    I tried to resist saying something, but I have to at least 
say a couple of words here.
    I do have experience in on the front line and in conducting 
search warrants on these homes and have seen the children in 
these homes, and, in fact, have seen the effects on the 
residents, the buildings, the families. My daughter and her 
husband adopted a little boy who was born to a meth-addicted 
mother. And so we have a fortunate--we have a child in our home 
who we were able to save and hopefully keep this cycle from re-
occurring. And I think this is a great bill. I am excited to be 
here as a freshman to support it.
    Thank you, sir.
    Chairman Boehlert. Thank you very much.
    And I want to thank all of the Committee Members for the 
leadership they have provided. And I want to commend everybody 
for being here where the real action is and not in the 
government operations where the tabloid activity is going on.
    The first amendment on the roster is an amendment in the 
nature of a substitute offered by the gentleman from Tennessee, 
Mr. Gordon.
    The Clerk shall report the amendment.
    Ms. Tessieri. Amendment in the nature of a substitute to 
H.R. 798 offered by Mr. Gordon for himself and Mr. Boehlert.
    Chairman Boehlert. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman is recognized to explain the amendment.
    Mr. Gordon. Mr. Chairman, this is really just very minor 
editorial changes for the bill and technical in nature.
    [The prepared statement of Mr. Gordon follows:]
            Prepared Statement of Representative Bart Gordon
    This amendment just includes some very minor editorial changes 
based on comments that we received from witnesses at the hearing. These 
changes represent close consultation between Chairman Boehlert and me.
    This is a good bill that will benefit every community and state 
where meth is a problem. I would urge a yes vote.

    Chairman Boehlert. Is there any further discussion on the 
substitute amendment? Hearing none, the question is on the 
amendment in the nature of a substitute. All in favor, say aye. 
Opposed, no. The ayes have it, and the amendment in the nature 
of a substitute is agreed to.
    Are there any other amendments? Hearing none, the vote is 
on the bill, as amended, H.R. 798, Methamphetamine Remediation 
Research Act of 2005. All of those in favor will say aye. Those 
opposed, no. In the opinion of the Chair, the ayes have it.
    I recognize Mr. Gordon for a motion.
    Mr. Gordon. Mr. Chairman, I move that the Subcommittee 
favorably report the bill, H.R. 798, as amended, to the Full 
Committee. Further, I ask unanimous consent that the staff be 
instructed to make all necessary technical and conforming 
changes to the bill, as amended, in accordance with the 
recommendations of the--oh, this is the Full Committee. Yeah, 
the Full Committee.
    Chairman Boehlert. The question is on the motion to report 
the bill, as amended, favorably. Those in favor of the motion, 
signify by saying aye. Opposed, no. The ayes have it, and the 
bill is favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table. You have 10 minutes and 34 seconds. I move that 
Members have two subsequent calendar days in which to submit 
supplemental, Minority, or additional views on the measure. I 
move pursuant to Clause 1 of Rule 22 of the Rules of the House 
of Representatives that the Committee authorize the Chairman to 
offer such motions as may be necessary in the House to adopt 
and pass H.R. 798, Methamphetamine Remediation Research Act of 
2005, as amended. Without objection, so ordered.
    Let the record reflect that Mr. Johnson would have voted no 
on the Sherman amendment on H.R. 28.
    We don't have to come back after votes. This is it. We are 
going to take up the Green Chemistry bill, which is going to 
require a little more time, right after the recess.
    Mr. Gordon. Mr. Chairman, if I could just real quickly say, 
I know that there a lot of Members that have personal interests 
in this methamphetamine concern. This is just a first start. We 
will have some additional legislation. I know we rushed through 
this today, but we will have more for all of us to be involved 
with later.
    Chairman Boehlert. And we are going to have it on the Floor 
with some considerable discussion on it.
    Thank you all very much for arriving. I want to thank you 
for participating.
    This concludes our Committee markup.
    [Whereupon, at 11:10 a.m., the Committee was adjourned.]
                               Appendix:

                              ----------                              


     Subcommittee on Environment, Technology, and Standards Markup 
  Memorandum, H.R. 798, Section-by-Section Analysis, Amendment Roster



                Section-by-Section Analysis of H.R. 798,
            Methamphetamine Remediation Research Act of 2005

Section 1. Short title.

    The Methamphetamine Remediation Research Act of 2005

Section 2. Findings.

Section 3. Voluntary Guidelines. Requires the Assistant Administrator 
                    for Research and Development at the EPA (EPA), in 
                    consultation with the National Institute of 
                    Standards and Technology (NIST), to establish 
                    within one year voluntary guidelines for the 
                    remediation of former methamphetamine labs, 
                    including preliminary site assessments and the 
                    remediation of residual contaminants.

    Requires the Assistant Administrator to consider relevant 
standards, guidelines and requirements in federal, State and local laws 
and regulations, the varying types and locations of former 
methamphetamine labs, and the expected cost of carrying out any 
proposed guidelines in developing the guidelines.
    States that the voluntary guidelines are to be used to assist State 
and local governments in the development and implementation of 
legislation and other policies to apply state-of-the-art knowledge to 
the remediation of former labs. Requires the Assistant Administrator to 
work with State and local governments and other relevant nonfederal 
agencies and organizations, including through the conference in section 
5, to promote and encourage the appropriate adoption of the voluntary 
guidelines.
    Requires the Assistant Administrator to periodically update the 
voluntary guidelines, in consultation with states and other interested 
parties, as necessary and appropriate to incorporate research findings 
and other new knowledge.

Section 4. Research Program.

    Requires the Assistant Administrator to establish a program of 
research to support the development and revision of the voluntary 
guidelines in section 3. Requires research to identify methamphetamine 
laboratory-related chemicals of concern, assess the types and levels of 
exposure to chemicals of concern that may present a significant risk of 
adverse biological effects, better address biological effects and 
minimize adverse human exposures, evaluate the performance of various 
methamphetamine laboratory cleanup and remediation techniques, and 
support other priorities, identified by the Assistant Administrator in 
consultation with states and others.

Section 5. Technology Transfer Conference.

    Requires the Assistant Administrator to convene within 90 days and 
every third year thereafter a conference of State agencies and other 
individuals and organizations involved with the impacts of former 
methamphetamine laboratories. States that the conference should be a 
forum for the Assistant Administrator to provide information on the 
voluntary guidelines and the latest findings of the research program as 
well as an opportunity for the non-federal participants to provide 
information on their problems, needs and experiences with the voluntary 
guidelines.
    Requires the Assistant Administrator within three months to submit 
a report to Congress that summarizes the proceedings of the conference, 
including any recommendations or concern raised and a description of 
how the Assistant Administrator intends to respond to them. Requires 
the report to be made widely available to the general public.

Section 6. Residual Effects Study.

    Requires the Assistant Administrator to enter into an arrangement 
with the National Academy of Science within six months to study the 
status and quality of research on the residual effects of 
methamphetamine laboratories. Requires the study to identify research 
gaps and recommend an agenda for the research program in section 4. 
Requires the study to focus on the need for research on the impact of 
methamphetamine laboratories on residents of buildings where labs are 
or where located, with particular emphasis on the biological effects on 
children and on first responders.

Section 7. Methamphetamine Detection Research and Development Program.

    Requires the Director of NIST, in consultation with the Assistant 
Administrator, to support a research program to develop new 
methamphetamine detection technologies, with emphasis on field test 
kits and site detection and appropriate standard reference materials 
and validation procedures for methamphetamine detection testing.

Section 8. Savings Clause.

    Provides that nothing in this Act shall be construed to 
change the regulatory authority of the EPA.

Section 9. Authorization of Appropriations.

    Authorizes $3 million for each of fiscal years 2006 through 
2009 for the EPA. Authorizes $1.5 million for each of fiscal 
years 2006 through 2009 for NIST.



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