[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.''.
                                 <all>