[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3627 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3627

To prohibit the Department of Defense and the Department of Energy from 
 selling, distributing, or transferring elemental mercury, to prohibit 
        the export of elemental mercury, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2006

   Mr. Obama introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To prohibit the Department of Defense and the Department of Energy from 
 selling, distributing, or transferring elemental mercury, to prohibit 
        the export of elemental 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 Market Minimization Act of 
2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mercury and mercury compounds are highly toxic to 
        humans, ecosystems, and wildlife;
            (2) as many as 10 percent of women in the United States of 
        childbearing age have mercury in the blood at a level that 
        could put a baby at risk;
            (3) as many as 630,000 children born annually in the United 
        States are at risk of neurological problems related to mercury;
            (4) the most significant source of mercury exposure to 
        people in the United States is ingestion of mercury-
        contaminated fish;
            (5) the Environmental Protection Agency reports that, as of 
        2004--
                    (A) 44 States have fish advisories covering over 
                13,000,000 lake acres and over 750,000 river miles;
                    (B) in 21 States the freshwater advisories are 
                statewide; and
                    (C) in 12 States the coastal advisories are 
                statewide;
            (6) the long-term solution to mercury pollution is to 
        minimize global mercury use and releases to eventually achieve 
        reduced contamination levels in the environment, rather than 
        reducing fish consumption since uncontaminated fish represents 
        a critical and healthy source of nutrition worldwide;
            (7) mercury pollution is a transboundary pollutant, 
        depositing locally, regionally, and globally, and affecting 
        water bodies near industrial sources (including the Great 
        Lakes) and remote areas (including the Arctic Circle);
            (8) the free trade of mercury and mercury compounds on the 
        world market, at relatively low prices and in ready supply, 
        encourages the continued use of mercury outside of the United 
        States, often involving highly dispersive activities such as 
        artisinal gold mining;
            (9) the intentional use of mercury is declining in the 
        United States as a consequence of process changes to 
        manufactured products (including batteries, paints, switches, 
        and measuring devices), but those uses remain substantial in 
        the developing world where releases from the products are 
        extremely likely due to the limited pollution control and waste 
        management infrastructures in those countries;
            (10) the member countries of the European Union 
        collectively are the largest source of mercury exports 
        globally;
            (11) the European Union is in the process of enacting 
        legislation that will prohibit mercury exports by not later 
        than 2011;
            (12) the United States is a net exporter of mercury and, 
        according to the United States Geologic Survey, exported 506 
        metric tons of mercury more than the United States imported 
        during the period of 2000 through 2004; and
            (13) banning exports of mercury from the United States will 
        have a notable affect on the market availability of mercury and 
        switching to affordable mercury alternatives in the developing 
        world.

SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF MERCURY BY 
              DEPARTMENT OF DEFENSE OR DEPARTMENT OF ENERGY.

    Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended by adding at the end the following:
    ``(f) Mercury.--
            ``(1) Prohibition on sale, distribution, and transfer by 
        department of defense.--Effective as of the date of enactment 
        of this subsection, the Secretary of Defense may not convey, 
        sell, distribute, or otherwise transfer to any other department 
        or agency of the Federal Government, any State or local 
        government, or any private person or entity any elemental 
        mercury under the control or jurisdiction of the Department of 
        Defense.
            ``(2) Prohibition on sale, distribution, and transfer by 
        department of energy.--Effective as of the date of enactment of 
        this subsection, the Secretary of Energy may not convey, sell, 
        distribute, or otherwise transfer to any other department or 
        agency of the Federal Government, any State or local 
        government, or any private person or entity any elemental 
        mercury under the control or jurisdiction of the Department of 
        Energy.
            ``(3) Exception.--The prohibitions in paragraphs (1) and 
        (2) shall not apply to the transfer of elemental mercury to any 
        storage or other facility established under section 
        12(c)(3).''.

SEC. 4. PROHIBITION ON EXPORT OF MERCURY.

    Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is 
amended--
            (1) in subsection (a) by striking ``subsection (b)'' and 
        inserting ``subsections (b) and (c)''; and
            (2) by adding at the end the following:
    ``(c) Prohibition on Export of Mercury.--
            ``(1) Elemental mercury.--Effective January 1, 2010, the 
        export of elemental mercury from the United States is 
        prohibited.
            ``(2) Extension of prohibition to mercury compounds.--
                    ``(A) In general.--Beginning on January 1, 2010, 
                the President may prohibit the export of any mercury 
                compound from the United States as necessary--
                            ``(i) to avoid subversion of the mercury 
                        ban; and
                            ``(ii) to achieve the full force and effect 
                        of the prohibition under paragraph (1).
                    ``(B) Notice to congress.--
                            ``(i) In general.--If the President 
                        exercises the authority in subparagraph (A), 
                        the President shall notify Congress.
                            ``(ii) Requirements.--A notification under 
                        clause (i) shall describe--
                                    ``(I) each mercury compound the 
                                export of which from the United States 
                                will be prohibited; and
                                    ``(II) a justification of the 
                                prohibition of export of each compound.
            ``(3) Storage of excess mercury.--
                    ``(A) Establishment of storage capacity.--In order 
                to implement the prohibition on the export of elemental 
                mercury under paragraph (1) and the prohibition, if 
                any, on the export of mercury compounds under paragraph 
                (2), the President shall establish the capacity 
                (including 1 or more storage facilities) to store 
                safely such elemental mercury and mercury compounds 
                covered by the prohibitions as are in excess of 
                quantities necessary for domestic consumption.
                    ``(B) Regulations.--The establishment and operation 
                of facilities to provide the capacity required by 
                subparagraph (A) shall be governed by such regulations 
                as the President may prescribe for purposes of this 
                paragraph.
            ``(4) Inapplicability of unreasonable risk requirement.--
        Subsection (a) shall not apply to this subsection.''.
                                 <all>