[Congressional Record Volume 153, Number 45 (Thursday, March 15, 2007)]
[Senate]
[Pages S3213-S3215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. OBAMA (for himself and Ms. Murkowski):
  S. 906. A bill to prohibit the sale, distribution, transfer, and 
export of elemental mercury, and for other purposes; to the Committee 
on Environment and Public Works.
  Mr. OBAMA. Mr. President, I am pleased to be joined today by my 
esteemed colleague from Alaska, Ms. Murkowski, in introducing the 
Mercury Market Minimization Act of 2007.
  As most of us in this Chamber know, elemental mercury is a poisonous 
neurotoxin that can cause serious disability or death if ingested. 
Unfortunately, many people in the United States, and many millions more 
worldwide, do indeed ingest mercury--unintentionally, however, as a 
result of industrial emissions or practices, or poor waste management 
and storage techniques. When mercury enters into the environment, it 
often shows up in plants and animals, and that means a major source of 
mercury ingestion for humans comes as a result of eating certain types 
of fish. That, in turn, causes serious developmental problems in half a 
million children in our country, and similar health problems in adults, 
especially women at childbearing age.
  Last year, an investigative report published in the Chicago Tribune 
outlined the extent of mercury contamination in fish. After concluding 
that the fish sampling efforts conducted by the Federal Government were 
limited and outdated, the Tribune conducted its own sampling, and the 
results showed surprisingly high levels of mercury concentrations in 
freshwater and saltwater fish purchased by consumers in the Chicago 
region--higher levels than had been documented by the Federal 
Government. Mercury was found in both freshwater and saltwater 
species--tuna, swordfish, orange roughy, and walleye, to name a few 
examples. The Tribune also reported on how existing programs at the 
Food and Drug Administration and the Environmental Protection Agency 
have failed to adequately test and evaluate mercury levels in fish.
  For those of us who like fish, it causes us to pause when we first 
learn of the range of species with high mercury levels. For pregnant 
women and other at-risk groups, however, this doesn't just cause pause, 
it creates serious concerns about health consequences. Meanwhile, 
experts tell us that fish is an excellent source of critical nutrients 
and other compounds indispensable for good health. More of us should 
eat more fish.
  So the real long-term solution is not to eat less fish, or to 
criticize those who commercially provide us with fish as food. It's not 
about issuing advisories, or printing labels on tuna cans, or posting 
placards at the supermarket, or creating inspection bureaucracies, or 
collecting statistics. If we're serious about eliminating mercury from 
fish, we need to reduce mercury in the environment.
  Half of mercury settles where it is emitted, and the other half gets 
transported around the globe where we lose track of it, and it winds up 
in oceans, lakes, and rivers nowhere near mercury sources. From there, 
up it goes, through the food chain. If mercury is both local, and 
global, then the solution is not up to one state, or one nation, but up 
to all states and nations. The bill we introduce today was crafted 
based on that premise.
  The Mercury Market Minimization Act, or M3 Act, establishes a ban on 
U.S. exports of mercury by the year 2010. Such a ban, when coupled with 
goal of the European Union to ban mercury exports by 2011, and the 
insufficient capacity in the world's mercury mines to respond, will 
result in a tightening of the global supply of commercially available 
elemental mercury in sufficient quantities that developing nations that 
still use mercury will be compelled to switch to the affordable 
alternatives that are already widespread in industrialized nations.
  The M3 Act also requires those Federal agencies that now hold mercury 
in stockpiles to keep that mercury. Right now, the Department of 
Energy, and the Department of Defense, possess tons of mercury left 
over from various operations over the years. While it is the policy of 
these agencies to keep this mercury--not to sell it, not to transfer 
it, not to release it from their possession--it is not the law. The M3 
act codifies these policies. In December of 2006, it was widely 
understood that the Department of Energy was considering the sale of 
its mercury stockpiles. After various inquiries into the matter, the 
Department of Energy ultimately announced that it would not sell its 
stockpiles. That underscores why a prohibition of stockpile sales must 
be enacted into law by the M3 act if we are to be assured that mercury 
remains safely stored, away from the environment, and not sold overseas 
to places where tracking and emissions and waste disposal laws may be 
inadequate.
  Finally, the M3 Act calls for the creation of a committee to explore 
and make recommendations on the issues associated with the development 
of a permanent repository of mercury collected as a result of an export 
prohibition. Mercury is not like spent nuclear fuel, or other 
substances that may create community concerns, in that when mercury is 
stored in stainless steel containers in refrigeration, it remains 
benign. Every community must be provided the opportunity to evaluate 
for themselves if and when mercury is stored nearby in secure and 
stable storage. I do believe, however, that when mercury is safely and 
permanently stored, it means less microscopic mercury on one's dinner 
plate, less mercury in our kids' tuna fish sandwiches, and less mercury 
in the air we breathe.
  Last month, a United States delegation, led by the State Department, 
participated in an international meeting in Kenya, sponsored by the 
United Nations Environmental Programme, where world representative 
discussed how to reduce mercury pollution. Two years ago, the U.S. 
Government could have taken a bolder stance, and did not. This time, 
with the decision of the E.U. to ban mercury exports, the United States 
had an opportunity to partner with its allies to eliminate a major part 
of worldwide elemental mercury contamination. Again, the State 
Department did not.
  It is not often that policy options, such as this, might be 
considered ``low-hanging fruit''--in that a small act of international 
leadership by the United States government could have far reaching 
benefits for the health of our kids, as well as millions of low-income 
hardworking artisanal gold miners whom we will never meet. But the 
United States, so far, has not acted. This bill, the M3 bill, is 
designed to change that course and the mark the beginning of the end of 
a global market of an outdated and obsolete poison. I hope my 
colleagues will support this bill, and I ask unanimous consent that a 
copy of this legislation be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 906

       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 2007''.

     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--

[[Page S3214]]

       (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, or transfer of 
     mercury by federal agencies.--Except as provided in paragraph 
     (2), effective beginning on the date of enactment of this 
     subsection, no Federal agency shall convey, sell, or 
     distribute to any other Federal agency, any State or local 
     government agency, or any private individual or entity any 
     elemental mercury under the control or jurisdiction of the 
     Federal agency.
       ``(2) Exception.--Paragraph (1) shall not apply to a 
     transfer between Federal agencies of elemental mercury for 
     the sole purpose of facilitating storage of mercury to carry 
     out this Act.''.

     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) Report to congress on mercury compounds.--
       ``(A) Report.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Mercury Market Minimization Act of 2007, the 
     Administrator shall publish and submit to Congress a report 
     on mercuric chloride, mercurous chloride or calomel, mercuric 
     oxide, and other mercury compounds, if any, that may 
     currently be used in significant quantities in products or 
     processes.
       ``(ii) Inclusions.--The report shall include an analysis 
     of--

       ``(I) the sources and amounts of each mercury compound 
     produced annually in, or imported into, the United States;
       ``(II)(aa) the purposes for which each of the compounds are 
     used domestically;
       ``(bb) the quantity of the compounds currently consumed 
     annually for each purpose; and
       ``(cc) the estimated quantity of the compounds to be 
     consumed for each purpose during calendar year 2010 and 
     thereafter;
       ``(III) the sources and quantities of each mercury compound 
     exported from the United States during each of the preceding 
     3 calendar years;
       ``(IV) the potential for the compounds to be processed into 
     elemental mercury after export from the United States; and
       ``(V) other information that Congress should consider in 
     determining whether to extend the export prohibition to 
     include 1 or more of those mercury compounds.

       ``(B) Procedure.--
       ``(i) In general.--Except as provided in clause (ii), for 
     the purpose of preparing the report under this paragraph, the 
     Administrator may use the information gathering authorities 
     of this title, including sections 10 and 11.
       ``(ii) Exception.--Subsection (b)(2) of section 11 shall 
     not apply to activities under this subparagraph.
       ``(3) Excess mercury storage advisory committee.--
       ``(A) Establishment.--There is established an advisory 
     committee, to be known as the `Excess Mercury Storage 
     Advisory Committee' (referred to in this paragraph as the 
     `Committee').
       ``(B) Membership.--
       ``(i) In general.--The Committee shall be composed of 9 
     members, of whom--

       ``(I) 2 members shall be jointly appointed by the Speaker 
     of the House of Representatives and the Majority Leader of 
     the Senate--

       ``(aa) 1 of whom shall be designated to serve as 
     Chairperson of the Committee; and
       ``(bb) 1 of whom shall be designated to serve as Vice-
     Chairperson of the Committee;

       ``(II) 1 member shall be the Administrator;
       ``(III) 1 member shall be the Secretary of Defense;
       ``(IV) 1 member shall be a representative of State 
     environmental agencies;
       ``(V) 1 member shall be a representative of State attorneys 
     general;
       ``(VI) 1 member shall be a representative of the chlorine 
     industry;
       ``(VII) 1 member shall be a representative of the mercury 
     waste treatment industry; and
       ``(VIII) 1 member shall be a representative of a nonprofit 
     environmental organization.

       ``(ii) Appointments.--Not later than 45 days after the date 
     of enactment of this subsection, the Administrator, in 
     consultation with the appropriate congressional committees, 
     shall appoint the members of the Committee described in 
     subclauses (IV) through (VIII) of clause (i).
       ``(C) Initial meeting.--Not later than 30 days after the 
     date on which all members of the Committee have been 
     appointed, the Committee shall hold the initial meeting of 
     the Committee.
       ``(D) Meetings.--The Committee shall meet at the call of 
     the Chairperson.
       ``(E) Quorum.--A majority of the members of the Committee 
     shall constitute a quorum.
       ``(F) Report.--Not later than 1 year after the date of 
     enactment of this subsection, the Committee shall submit to 
     Congress a report describing the findings and recommendations 
     of the Committee, if any, relating to--
       ``(i) the environmental, health, and safety requirements 
     necessary to prevent--

       ``(I) the release of elemental mercury into the 
     environment; and
       ``(II) worker exposure from the storage of elemental 
     mercury;

       ``(ii) the estimated annual cost of storing elemental 
     mercury on a per-pound or per-ton basis;
       ``(iii) for the 40-year period beginning on the date of 
     submission of the report, the optimal size, number, and other 
     characteristics of Federal facilities required to store 
     elemental mercury under current and anticipated jurisdictions 
     of each Federal agency;
       ``(iv) the estimated quantity of--

       ``(I) elemental mercury that will result from the 
     decommissioning of mercury cell chlor-alkali facilities in 
     the United States; and
       ``(II) any other supplies that may require storage to carry 
     out this Act;

       ``(v) for the 40-year period beginning on the date of 
     submission of the report, the estimated quantity of elemental 
     mercury generated from the recycling of unwanted products and 
     other wastes that will require storage to comply with the 
     export prohibitions under this Act;
       ``(vi) any legal, technical, economic, or other barrier 
     that may prevent the private sector from storing elemental 
     mercury produced by the private sector during the 40-year 
     period beginning on the date of submission of the report, 
     including a description of measures to address the barriers;
       ``(vii) the advantages and disadvantages of consolidating 
     the storage of mercury produced by public and private sources 
     under the management of the public or private sector;
       ``(viii) the optimal plan of the Committee for storing 
     excess mercury produced by public and private sources; and
       ``(ix) additional research, if any, required to determine a 
     long-term disposal option for the storage of excess mercury.
       ``(G) Compensation of members.--
       ``(i) In general.--

       ``(I) Non-federal employees.--A member of the Committee 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 V of the 
     Executive Schedule under section 5316 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 Committee.
       ``(II) Federal employees.--A member of the Committee 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 Committee 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 
     Committee.

[[Page S3215]]

       ``(H) Staff and funding.--The Administrator shall provide 
     to the Committee such funding and additional personnel as are 
     necessary to enable the Committee to perform the duties of 
     the Committee.
       ``(I) Termination.--The Committee shall terminate 180 days 
     after the date on which the Committee submits the report of 
     the Committee under subparagraph (F).
       ``(4) Inapplicability of unreasonable risk requirement.--
     Subsection (a) shall not apply to this subsection.''.
                                 ______