[Congressional Record Volume 148, Number 111 (Thursday, September 5, 2002)]
[Senate]
[Pages S8329-S8334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MERCURY REDUCTION ACT OF 2002
Mr. REID. Mr. President, I ask unanimous consent the Senate now
proceed to the consideration of Calendar No. 553, S. 351.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 351) 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
collection, recycling, and disposal of mercury, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Environment and Public
Works with an amendment to strike all after the enacting clause and
insert in lieu thereof the following:
[Strike the part printed in black brackets and insert in lieu thereof
the part printed in italic.]
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--
[[Page S8330]]
[``(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).''.
[[Page S8331]]
[(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.''.]
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--
[[Page S8332]]
``(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.''.
Ms. COLLINS. Mr. President, the Senate is considering, and will
shortly pass, the Mercury Reduction Act of 2002. This legislation
addresses the very serious problem of mercury in the environment and
mercury disposal. It takes special aim at one of the most common and
widely distributed sources of mercury; and that is, mercury fever
thermometers. At the same time, the legislation will also create a
nationwide policy for dealing with surplus mercury.
I introduced this bill quite some time ago. It has bipartisan
support. I am delighted that the Senate will be approving it this
evening.
Mercury is a potent neurotoxin that is widespread in the environment
and is particularly harmful to developing children. In fact, a National
Academy of Sciences report released last year attributed mercury
exposure to birth defects and brain damage in up to 60,000 newborn
children each year.
Mercury takes on a highly toxic organic form known as methylmercury
when it enters the environment. Methylmercury is almost completely
absorbed into the bloodstream and distributed to all the tissues in the
body, including the brain. Of course, with young children this is
particularly problematic because their brains are still developing.
This organic mercury can accumulate in the food chain and become
concentrated in some species of fish, posing a health threat to people
who consume the fish. For this reason, 40 States have issued freshwater
fish advisories that warn certain individuals, such as pregnant women,
to restrict or avoid consuming fish from infected bodies of water.
One prevalent source of mercury in the environment is, as I said,
mercury fever thermometers. Many of us know from personal experience
how easy it is to drop a mercury thermometer and see it break. In fact,
in 1998 the American Poison Control Center received 18,000 phone calls
from consumers who had broken mercury thermometers.
One mercury thermometer contains about 1 gram of mercury. That does
not sound like much, but let me tell you what the consequences are of
just 1 gram of mercury. Despite its small size, the mercury in one
thermometer, if released annually into the environment, is enough to
contaminate all the fish in a 20-acre lake. That is how powerful a
neurotoxin mercury is.
The bill we are about to pass calls for a nationwide ban on the sale
of mercury fever thermometers. It would also provide grants for swap
programs to help consumers exchange mercury thermometers for digital or
other alternatives. Digital thermometers are easier to read. They are
much quicker to use. They do not break easily. And, most of all, they
do not contain mercury.
My bill will allow millions of consumers across the Nation to receive
free digital thermometers in exchange for their mercury thermometers.
By bringing mercury thermometers in for proper disposal, consumers will
also help to ensure that the mercury from their thermometers does not
end up polluting our lakes and threatening our health. It will also
reduce the risk of breakage and contamination inside the home.
An important component of my bill is the safe disposal of mercury
that is collected from these thermometer exchange programs. Many States
have started these kinds of exchange programs--communities have as
well--but then they are left with the mercury from them, and they don't
really have a good means for disposing of them.
My legislation directs the EPA to ensure that the mercury is properly
collected and stored in order to keep it out of the environment and out
of commerce. After all, if we collect all this mercury from fever
thermometers but then it is sold back to India and then shipped back to
the United States in other products, we are really not solving the
problem. We want to make sure this mercury does not reenter the
environment so that it will not be sent to India, one of the largest
manufacturers of mercury thermometers.
The mercury collected from thermometer exchange programs is only part
of the problem. There is a bigger problem, and that is the global
circulation of mercury. Let me give an example.
When the HoltraChem manufacturing plant in Orrington, ME, shut down 2
years ago, the plant was left with over 100 tons of unwanted mercury
and no known way to permanently dispose of it. In total, about 3,000
tons of mercury is held at similar plants across the United States.
In addition, large amounts of mercury are still being mined around
the world. For example, in 1999, Algeria mined 400 tons of virgin
mercury. In total, approximately 2,000 tons of new mercury is mined
every year. Moreover, the Department of Defense currently has a
stockpile of over 4,000 tons of mercury that it doesn't want but
doesn't know what to do with. Why are Algeria and other countries still
mining large amounts of an element that is a neurotoxin, when the
United States and other countries are doing their best to remove this
extremely toxic element from the environment? And how will the United
States dispose of the huge amounts of mercury at chlor-alkali plants
and other no longer needed sources?
My bill creates an interagency task force to address these very
questions. The task force will be chaired by the Administrator of the
EPA and comprised of members from other Federal agencies involved with
mercury.
Specifically, my bill directs this task force to find ways to reduce
the mercury threat to humans and the environment, to identify a long-
term means of disposing of mercury, and to address the excess mercury
problem from mines as well as from other industrial sources.
In sum, this task force is directed to identify comprehensive
solutions to the global mercury problem. In one year, the mercury task
force will make recommendations to Congress for permanently disposing
mercury, for retiring mercury from plants and other sources, and for
reducing the amount of new mercury that is mined every year. At that
time, it will be up to Congress to act upon the recommendations of this
task force.
In the meantime, this bill will make significant progress toward
reducing one of the most widespread sources of mercury contamination in
the environment by banning the sale nationwide of mercury fever
thermometers.
I am very pleased the Senate will pass my legislation shortly. I
thank the members of the Environment and
[[Page S8333]]
Public Works Committee for their strong bipartisan support of this
legislation.
This bill is a modest bill, in many ways, but it addresses a very
serious problem. It will help make our environment a safer place and
help our children avoid exposure to one of the most toxic elements in
our environment.
Mr. REID. It is my understanding Senators Jeffords and Smith of New
Hampshire have an amendment. It is at the desk. I ask unanimous consent
it be considered now, that the amendment be agreed to, and the motion
to reconsider be laid on the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4511) was agreed to, as follows:
On page 16, strike lines 4 through 6.
On page 16, line 7, strike ``(7)'' and insert ``(6)''.
On page 16, line 12, strike ``(8)'' and insert ``(7)''.
On page 16, line 16, strike ``(9)'' and insert ``(8)''.
On page 16, line 20, strike ``(10)'' and insert ``(9)''.
On page 17, line 23, insert ``liquid'' before ``mercury''.
On page 21, line 15, insert ``intentionally'' before
``used''.
Mr. REID. I ask unanimous consent that the committee-reported
amendment be agreed to, the bill as amended be read three times and
passed, the motion to reconsider be laid on the table, and that the
title amendment be agreed to, without further intervening action or
debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The title amendment was agreed to.
The bill (S. 351) was read the third time and passed, as follows:
S. 351
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
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) 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 liquid 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 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.
``(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
[[Page S8334]]
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.''.
____________________