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






                                                       Calendar No. 553
107th CONGRESS
  2d Session
                                 S. 351

                          [Report No. 107-243]

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, Mr. Kerry, Mr. Jeffords, Mr. Dorgan, Mr. 
 Leahy, Mrs. Feinstein, Mrs. Hutchison, Mr. Chafee, Mr. Voinovich, Mr. 
Wyden, Mr. Lieberman, Mr. Reed, and Ms. Snowe) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

                            August 28, 2002

 Reported under authority of the order of the Senate of July 29, 2002, 
    by Mr. Jeffords, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Mercury Reduction and 
Disposal Act of 2001''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) mercury is a persistent and toxic pollutant 
        that bioaccumulates in the environment;</DELETED>
        <DELETED>    (2) according to recent studies, mercury 
        deposition is a significant public health threat in many States 
        throughout the United States;</DELETED>
        <DELETED>    (3) 40 States have issued fish advisories that 
        warn certain individuals to restrict or avoid consuming 
        mercury-contaminated fish from affected bodies of 
        water;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) combustion of municipal and other solid waste 
        is a major source of mercury emissions in the United 
        States;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. MERCURY.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 3024. MERCURY.</DELETED>

<DELETED>    ``(a) Prohibition on Sale of Mercury Fever Thermometers 
Except by Prescription.--Effective beginning 180 days after the date of 
enactment of this section--</DELETED>
        <DELETED>    ``(1) a person shall not sell or supply mercury 
        fever thermometers to consumers, except by prescription; 
        and</DELETED>
        <DELETED>    ``(2) with each mercury fever thermometer sold or 
        supplied by prescription, the manufacturer of the thermometer 
        shall provide clear instructions on--</DELETED>
                <DELETED>    ``(A) careful handling of the thermometer 
                to avoid breakage; and</DELETED>
                <DELETED>    ``(B) proper cleanup of the thermometer 
                and its contents in the event of breakage.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Disposal of Collected Mercury Waste.--</DELETED>
        <DELETED>    ``(1) Interagency task force.--</DELETED>
                <DELETED>    ``(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').</DELETED>
                <DELETED>    ``(B) Membership.--The Task Force shall be 
                composed of 7 members, of whom--</DELETED>
                        <DELETED>    ``(i) 1 member shall be the 
                        Administrator, who shall serve as Chairperson 
                        of the Task Force;</DELETED>
                        <DELETED>    ``(ii) 1 member shall be appointed 
                        by each of--</DELETED>
                                <DELETED>    ``(I) the Secretary of 
                                State;</DELETED>
                                <DELETED>    ``(II) the Secretary of 
                                Defense;</DELETED>
                                <DELETED>    ``(III) the Secretary of 
                                Energy; and</DELETED>
                                <DELETED>    ``(IV) the Director of the 
                                National Institute of Environmental 
                                Health Sciences of the Department of 
                                Health and Human Services;</DELETED>
                        <DELETED>    ``(iii) 1 member shall be 
                        appointed by the President to represent the 
                        American Public Health Association; 
                        and</DELETED>
                        <DELETED>    ``(iv) 1 member shall be appointed 
                        by the President from the Environmental Council 
                        of the States.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Term; vacancies.--</DELETED>
                        <DELETED>    ``(i) Term.--A member shall be 
                        appointed for the life of the Task 
                        Force.</DELETED>
                        <DELETED>    ``(ii) Vacancies.--A vacancy on 
                        the Task Force--</DELETED>
                                <DELETED>    ``(I) shall not affect the 
                                powers of the Task Force; and</DELETED>
                                <DELETED>    ``(II) shall be filled in 
                                the same manner as the original 
                                appointment was made.</DELETED>
                <DELETED>    ``(E) Meetings.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Calling of meetings.--The 
                        Task Force shall meet at the call of the 
                        Chairperson.</DELETED>
                        <DELETED>    ``(iii) Quorum.--A majority of the 
                        members of the Task Force shall constitute a 
                        quorum, but a lesser number of members may hold 
                        hearings.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the long-term management and 
                        retirement of mercury collected from--
                        </DELETED>
                                <DELETED>    ``(I) mercury fever 
                                thermometers;</DELETED>
                                <DELETED>    ``(II) other medical and 
                                commercial sources; and</DELETED>
                                <DELETED>    ``(III) government 
                                sources, including mercury stored by 
                                the Department of Defense and the 
                                Department of Energy;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iii) programs to test the long-
                        term durability of promising technologies for 
                        sequestration of mercury that has been retired 
                        from use;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(v) reduction of the total 
                        threat posed by mercury to humans and the 
                        environment; and</DELETED>
                        <DELETED>    ``(vi) reduction of the total 
                        quantity of mercury produced, used, and 
                        released on a global basis, including whether 
                        and how--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(H) Information from federal agencies.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(J) Gifts.--The Task Force may accept, 
                use, and dispose of gifts or donations of services or 
                property.</DELETED>
                <DELETED>    ``(K) Compensation of members; travel 
                expenses.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(L) Staff and funding.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Source.--The staff and 
                        funding shall be provided by and drawn equally 
                        from the resources of--</DELETED>
                                <DELETED>    ``(I) the Department of 
                                Energy;</DELETED>
                                <DELETED>    ``(II) the Department of 
                                Defense; and</DELETED>
                                <DELETED>    ``(III) the Environmental 
                                Protection Agency.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) Compensation.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(v) Detail of federal government 
                        employees.--</DELETED>
                                <DELETED>    ``(I) In general.--An 
                                employee of the Federal Government may 
                                be detailed to the Task Force without 
                                reimbursement.</DELETED>
                                <DELETED>    ``(II) Civil service 
                                status.--The detail of the employee 
                                shall be without interruption or loss 
                                of civil service status or 
                                privilege.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Responsibility of the administrator for safe 
        disposal and storage of mercury.--In consultation with the Task 
        Force, the Administrator shall--</DELETED>
                <DELETED>    ``(A)(i) take title to the mercury 
                collected under the thermometer exchange program 
                established under subsection (b), or an equivalent 
                quantity of mercury; and</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B)(i) identify potential mercury 
                stabilization technologies and measures that ensure 
                minimal release of mercury into the environment; 
                and</DELETED>
                <DELETED>    ``(ii) conduct such research, development, 
                and demonstration of the technologies and measures as 
                the Administrator determines to be 
                appropriate.</DELETED>
<DELETED>    ``(d) Relation to Other Law.--Nothing in this section--
</DELETED>
        <DELETED>    ``(1) precludes any State from imposing any 
        additional requirement; or</DELETED>
        <DELETED>    ``(2) diminishes any obligation, liability, or 
        other responsibility under other Federal law.</DELETED>
<DELETED>    ``(e) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section $20,000,000, of 
which--</DELETED>
        <DELETED>    ``(1) not more than 2.5 percent shall be used to 
        carry out the activities of the Task Force; and</DELETED>
        <DELETED>    ``(2) not more than 2.5 percent shall be used to 
        carry out subsection (c)(2)(B).''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 3024. Mercury.''.

</DELETED>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) 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) 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 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.''.
            Amend the title so as to read: ``A bill 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.''.




                                                       Calendar No. 553

107th CONGRESS

  2d Session

                                 S. 351

                          [Report No. 107-243]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            August 28, 2002

        Reported with an amendment and an amendment to the title