[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 616 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 616
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2003
Ms. Collins (for herself, Mr. Jeffords, Mr. Chafee, Mr. Kerry, Mrs.
Hutchison, Mr. Reed, Mr. Lieberman, Mr. Voinovich, Mr. Dorgan, and Mr.
Leahy) 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 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 2003''.
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 mercury fever thermometers from households and their
exchange for thermometers that do not contain liquid 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) 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.
``(D) Meetings.--
``(i) Initial meeting.--Not later than 30
days after the date of enactment of this
section, 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.
``(E) 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.
``(F) 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.
``(G) 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.
``(H) 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.
``(I) Gifts.--The Task Force may accept, use, and
dispose of gifts or donations of services or property.
``(J) 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.
``(K) 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.
``(L) 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 (E)(i).
``(M) 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.''.
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