[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 351 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                 S. 351

_______________________________________________________________________

                                 AN ACT


 
To amend the Solid Waste Disposal Act to reduce the quantity of mercury 
 in the environment by limiting the use of mercury fever thermometers 
and improving the collection and proper management of mercury, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury Reduction Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mercury is a persistent and toxic pollutant that 
        bioaccumulates in the environment;
            (2) according to recent studies, mercury deposition is a 
        significant public health threat in many States throughout the 
        United States;
            (3) 40 States have issued fish advisories that warn certain 
        individuals to restrict or avoid consuming mercury-contaminated 
        fish from affected bodies of water;
            (4) according to a report by the National Academy of 
        Sciences, over 60,000 children are born each year in the United 
        States at risk for adverse neurodevelopmental effects due to 
        exposure to methyl mercury in utero;
            (5) studies have documented that exposure to elevated 
        levels of mercury in the environment results in serious harm to 
        species of wildlife that consume fish;
            (6) according to the Mercury Study Report, prepared by the 
        Environmental Protection Agency and submitted to Congress in 
        1997, mercury fever thermometers contribute approximately 17 
        tons of mercury to solid waste each year;
            (7) the Governors of the New England States have endorsed a 
        regional goal of ``the virtual elimination of the discharge of 
        anthropogenic mercury into the environment'';
            (8) mercury fever thermometers are easily broken, creating 
        a potential risk of dangerous exposure to mercury vapor in 
        indoor air and risking mercury contamination of the 
        environment; and
            (9) according to the Environmental Protection Agency, the 
        quantity of mercury in 1 mercury fever thermometer, 
        approximately 1 gram, is enough to contaminate all fish in a 
        lake with a surface area of 20 acres.

SEC. 3. MERCURY.

    (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 
U.S.C. 6921 et seq.) is amended by adding at the end the following:

``SEC. 3024. MERCURY.

    ``(a) Prohibition on Sale of Mercury Fever Thermometers Except by 
Prescription.--Effective beginning 180 days after the date of enactment 
of this section--
            ``(1) a person shall not sell or supply mercury fever 
        thermometers to consumers, except by prescription; and
            ``(2) with each mercury fever thermometer sold or supplied 
        by prescription, the manufacturer of the thermometer shall 
        provide clear instructions on--
                    ``(A) careful handling of the thermometer to avoid 
                breakage; and
                    ``(B) proper cleanup of the thermometer and its 
                contents in the event of breakage.
    ``(b) Thermometer Exchange Program.--The Administrator shall make 
grants to States, municipalities, nonprofit organizations, or other 
suitable entities for implementation of a national program for the 
collection of liquid mercury fever thermometers from households and 
their exchange for thermometers that do not contain mercury.
    ``(c) Management of Collected Mercury.--
            ``(1) Task force.--
                    ``(A) Establishment.--There is established an 
                advisory committee to be known as the `Task Force on 
                Mercury' (referred to in this section as the `Task 
                Force').
                    ``(B) Membership.--The Task Force shall be composed 
                of 5 members, of whom--
                            ``(i) 1 member shall be the Administrator, 
                        who shall serve as Chairperson of the Task 
                        Force;
                            ``(ii) 1 member shall be the Secretary of 
                        State;
                            ``(iii) 1 member shall be the Secretary of 
                        Defense;
                            ``(iv) 1 member shall be the Secretary of 
                        Energy; and
                            ``(v) 1 member shall be the Director of the 
                        National Institute of Environmental Health 
                        Sciences of the Department of Health and Human 
                        Services.
                    ``(C) Date of appointments.--The appointment of a 
                member of the Task Force shall be made not later than 
                30 days after the date of enactment of this section.
                    ``(D) Term; vacancies.--
                            ``(i) Term.--A member shall be appointed 
                        for the life of the Task Force.
                            ``(ii) Vacancies.--A vacancy on the Task 
                        Force--
                                    ``(I) shall not affect the powers 
                                of the Task Force; and
                                    ``(II) shall be filled in the same 
                                manner as the original appointment was 
                                made.
                    ``(E) Meetings.--
                            ``(i) Initial meeting.--Not later than 30 
                        days after the date on which all members of the 
                        Task Force have been appointed, the Task Force 
                        shall hold the initial meeting of the Task 
                        Force.
                            ``(ii) Calling of meetings.--The Task Force 
                        shall meet at the call of the Chairperson.
                            ``(iii) Quorum.--A majority of the members 
                        of the Task Force shall constitute a quorum, 
                        but a lesser number of members may hold 
                        hearings.
                    ``(F) Duties.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of the initial meeting of the 
                        Task Force, the Task Force shall submit to 
                        Congress a report containing recommendations 
                        and suggested actions concerning--
                                    ``(I) the long-term management of 
                                surplus mercury collected from--
                                            ``(aa) mercury fever 
                                        thermometers;
                                            ``(bb) other medical and 
                                        commercial sources;
                                            ``(cc) government sources, 
                                        including mercury stored by the 
                                        Department of Defense and the 
                                        Department of Energy; and
                                            ``(dd) industrial or other 
                                        sources in the United States;
                                    ``(II) programs to test the long-
                                term durability of promising 
                                technologies for sequestration of 
                                mercury;
                                    ``(III) storage of mercury 
                                collected or sequestered under 
                                subclause (I) or (II), in a manner that 
                                ensures that there is no release of the 
                                mercury into the environment;
                                    ``(IV) reduction of the total 
                                threat posed by mercury to humans and 
                                the environment; and
                                    ``(V) reduction of the total 
                                quantity of mercury produced, used, and 
                                released on a global basis, including 
                                whether and how--
                                            ``(aa) the quantity of 
                                        virgin mercury mined from the 
                                        ground and placed in 
                                        circulation each year can be 
                                        reduced through bilateral or 
                                        international agreements or 
                                        other means;
                                            ``(bb) the quantity of 
                                        mercury intentionally used in 
                                        products, mining, and 
                                        manufacturing can be reduced 
                                        through substitution of 
                                        mercury-free alternatives that 
                                        are safer, available, and 
                                        affordable; and
                                            ``(cc) essential mercury 
                                        needs can be met through use of 
                                        stockpiles in existence on the 
                                        date of enactment of this 
                                        section rather than through use 
                                        of virgin mercury.
                            ``(ii) Consultation.--In carrying out this 
                        subparagraph, the Task Force shall consult with 
                        States, industries, and health, environmental, 
                        and consumer organizations.
                    ``(G) Hearings.--The Task Force may hold such 
                hearings, sit and act at such times and places, take 
                such testimony, and receive such evidence as the Task 
                Force considers advisable to carry out this section.
                    ``(H) Information from federal agencies.--
                            ``(i) In general.--The Task Force may 
                        secure directly from a Federal agency such 
                        information as the Task Force considers 
                        necessary to carry out this section.
                            ``(ii) Provision of information.--On 
                        request of the Chairperson of the Task Force, 
                        the head of the agency shall provide the 
                        information to the Task Force.
                    ``(I) Postal services.--The Task Force may use the 
                United States mails in the same manner and under the 
                same conditions as other agencies of the Federal 
                Government.
                    ``(J) Gifts.--The Task Force may accept, use, and 
                dispose of gifts or donations of services or property.
                    ``(K) Compensation of members; travel expenses.--
                            ``(i) Federal employees.--A member of the 
                        Task Force who is an officer or employee of the 
                        Federal Government shall serve without 
                        compensation in addition to the compensation 
                        received for the services of the member as an 
                        officer or employee of the Federal Government.
                            ``(ii) Travel expenses.--A member of the 
                        Task Force shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, at 
                        rates authorized for an employee of an agency 
                        under subchapter I of chapter 57 of title 5, 
                        United States Code, while away from the home or 
                        regular place of business of the member in the 
                        performance of the duties of the Task Force.
                    ``(L) Staff and funding.--
                            ``(i) Determination.--The Chairperson of 
                        the Task Force shall determine the level of 
                        staff and funding that are adequate to carry 
                        out the activities of the Task Force.
                            ``(ii) Source.--The staff and funding shall 
                        be provided by and drawn equally from the 
                        resources of--
                                    ``(I) the Department of Energy;
                                    ``(II) the Department of Defense; 
                                and
                                    ``(III) the Environmental 
                                Protection Agency.
                            ``(iii) Appointment of staff.--The 
                        Chairperson may, without regard to the civil 
                        service laws (including regulations), appoint 
                        and terminate such staff as are necessary to 
                        enable the Task Force to perform the duties of 
                        the Task Force.
                            ``(iv) Compensation.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                Chairperson may fix the compensation of 
                                the staff of the Task Force that are 
                                not officers or employees of the 
                                Federal Government without regard to 
                                the provisions of chapter 51 and 
                                subchapter III of chapter 53 of title 
                                5, United States Code, relating to 
                                classification of positions and General 
                                Schedule pay rates.
                                    ``(II) Maximum rate of pay.--The 
                                rate of pay for the staff shall not 
                                exceed the rate payable for level V of 
                                the Executive Schedule under section 
                                5316 of title 5, United States Code.
                            ``(v) Detail of federal government 
                        employees.--
                                    ``(I) In general.--An employee of 
                                the Federal Government may be detailed 
                                to the Task Force without 
                                reimbursement.
                                    ``(II) Civil service status.--The 
                                detail of the employee shall be without 
                                interruption or loss of civil service 
                                status or privilege.
                            ``(vi) Procurement of temporary and 
                        intermittent services.--The Chairperson of the 
                        Task Force may procure for the purposes of the 
                        Task Force temporary and intermittent services 
                        in accordance with section 3109(b) of title 5, 
                        United States Code, at rates for individuals 
                        that do not exceed the daily equivalent of the 
                        annual rate of basic pay prescribed for level V 
                        of the Executive Schedule under section 5316 of 
                        that title.
                    ``(M) Termination of task force.--The Task Force 
                shall terminate on the date that is 90 days after the 
                date on which the Task Force submits the report 
                required under subparagraph (F)(i).
                    ``(N) No effect on other law.--Nothing in this 
                paragraph affects the regulation of mercury under--
                            ``(i) any other provision of this subtitle; 
                        or
                            ``(ii) any other law.
            ``(2) Responsibility of the administrator for safe 
        management and storage of mercury.--In consultation with the 
        Task Force, the Administrator shall--
                    ``(A)(i) purchase or otherwise take title to the 
                mercury collected under the thermometer exchange 
                program established under subsection (b), or collected 
                from any other source;
                    ``(ii) manage (or designate a contractor to manage) 
                the mercury collected in a manner that ensures that the 
                mercury collected is not released into the environment;
                    ``(iii) ensure, to the maximum extent practicable, 
                that the mercury collected under the thermometer 
                exchange program established under subsection (b), or 
                an equivalent quantity of mercury, is not reintroduced 
                into commerce; and
                    ``(iv) provide to the Task Force, for inclusion in 
                the report of the Task Force under paragraph (1)(F)(i), 
                an analysis of, and recommendations relating to, the 
                mercury collection and management activities carried 
                out under this section; and
                    ``(B)(i) identify potential mercury stabilization 
                technologies and long-term storage measures that ensure 
                minimal release of mercury into the environment; and
                    ``(ii) conduct such research, development, and 
                demonstration of the technologies and measures as the 
                Administrator determines to be appropriate.
    ``(d) Relation to Other Law.--Nothing in this section--
            ``(1) precludes any State from imposing any additional 
        requirement; or
            ``(2) diminishes any obligation, liability, or other 
        responsibility under other Federal law.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section (other than subsection (c)(2)(A)) 
        $20,000,000, of which--
                    ``(A) not more than 2.5 percent shall be used to 
                carry out the activities of the Task Force; and
                    ``(B) not more than 2.5 percent shall be used to 
                carry out subsection (c)(2)(B).
            ``(2) Safe management and storage.--In addition to the 
        amount authorized to be appropriated under paragraph (1), there 
        is authorized to be appropriated to carry out subsection 
        (c)(2)(A) $1,000,000 for each fiscal year.''.
    (b) Conforming Amendment.--Section 1001 of the Solid Waste Disposal 
Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items 
relating to subtitle C the following:

``Sec. 3024. Mercury.''.

            Passed the Senate September 5, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                 S. 351

_______________________________________________________________________

                                 AN ACT

To amend the Solid Waste Disposal Act to reduce the quantity of mercury 
 in the environment by limiting the use of mercury fever thermometers 
and improving the collection and proper management of mercury, and for 
                            other purposes.