[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 351 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 351
To amend the Solid Waste Disposal Act to reduce the quantity of mercury
in the environment by limiting use of mercury fever thermometers and
improving collection, recycling, and disposal of mercury, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2001
Ms. Collins (for herself and Mr. Kerry) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Solid Waste Disposal Act to reduce the quantity of mercury
in the environment by limiting use of mercury fever thermometers and
improving collection, recycling, and disposal 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 and Disposal Act
of 2001''.
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) combustion of municipal and other solid waste is a
major source of mercury emissions in the United States;
(7) 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;
(8) 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'';
(9) 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
(10) 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 mercury fever thermometers from households and their
exchange for thermometers that do not contain mercury.
``(c) Disposal of Collected Mercury Waste.--
``(1) Interagency task force.--
``(A) Establishment.--There is established an
advisory committee to be known as the `Interagency Task
Force on Mercury' (referred to in this section as the
`Task Force').
``(B) Membership.--The Task Force shall be composed
of 7 members, of whom--
``(i) 1 member shall be the Administrator,
who shall serve as Chairperson of the Task
Force;
``(ii) 1 member shall be appointed by each
of--
``(I) the Secretary of State;
``(II) the Secretary of Defense;
``(III) the Secretary of Energy;
and
``(IV) the Director of the National
Institute of Environmental Health
Sciences of the Department of Health
and Human Services;
``(iii) 1 member shall be appointed by the
President to represent the American Public
Health Association; and
``(iv) 1 member shall be appointed by the
President from the Environmental Council of the
States.
``(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.--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 concerning--
``(i) the long-term management and
retirement of mercury collected from--
``(I) mercury fever thermometers;
``(II) other medical and commercial
sources; and
``(III) government sources,
including mercury stored by the
Department of Defense and the
Department of Energy;
``(ii) collection of mercury from
industrial or other sources in the United
States in cases in which the mercury is no
longer needed, such as from retired chlor-
alkali plants;
``(iii) programs to test the long-term
durability of promising technologies for
sequestration of mercury that has been retired
from use;
``(iv) storage of mercury collected or
sequestered under clause (i), (ii), or (iii) in
a manner that ensures that there is no release
of the mercury into the environment;
``(v) reduction of the total threat posed
by mercury to humans and the environment; and
``(vi) reduction of the total quantity of
mercury produced, used, and released on a
global basis, including whether and how--
``(I) 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;
``(II) the quantity of mercury used
in products and manufacturing can be
reduced through substitution of
mercury-free alternatives that are
safer, available, and affordable; and
``(III) essential mercury needs can
be met through use of stockpiles in
existence on the date of enactment of
this section and increased recycling
rather than through use of virgin
mercury.
``(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) Non-federal employees.--A member of
the Task Force who is not an officer or
employee of the Federal Government shall be
compensated at a rate equal to the daily
equivalent of the annual rate of basic pay
prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United
States Code, for each day (including travel
time) during which the member is engaged in the
performance of the duties of the Task Force.
``(ii) 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.
``(iii) 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).
``(2) Responsibility of the administrator for safe disposal
and storage of mercury.--In consultation with the Task Force,
the Administrator shall--
``(A)(i) take title to the mercury collected under
the thermometer exchange program established under
subsection (b), or an equivalent quantity of mercury;
and
``(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
or reintroduced into commerce; and
``(B)(i) identify potential mercury stabilization
technologies and 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.--There is authorized to be
appropriated to carry out this section $20,000,000, of which--
``(1) not more than 2.5 percent shall be used to carry out
the activities of the Task Force; and
``(2) not more than 2.5 percent shall be used to carry out
subsection (c)(2)(B).''.
(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.''.
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