[Congressional Record (Bound Edition), Volume 145 (1999), Part 4]
[Senate]
[Pages 5069-5086]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SANTORUM:
  S. 668. A bill to encourage States to incarcerate individuals 
convicted of murder, rape, or child molestation; to the Committee on 
the Judiciary.


                              aimee's law

 Mr. SANTORUM. Mr. President, I rise today to introduce 
legislation to address the suffering of victims of repeat offenders.
  My legislation, ``Aimee's Law,'' is named after Aimee Willard, a 
college senior from suburban Philadelphia who was raped and murdered by 
a man released from prison in another state after serving time for a 
similar offense. This tragedy has made me aware of some very disturbing 
facts about sentencing and recidivism. For instance, more than 14,000 
murders, rapes and sexual assaults on children are committed each year 
by felons who have been released after serving a sentence for one of 
those very same crimes. Moreover, convicted murderers, rapists and 
child molesters who are released from prisons and cross state lines are 
responsible for sexual assaults on more than 1,200 people annually, 
including 935 children. Furthermore, recidivism rates for sexual 
predators are the highest of any category of violent crime. Despite 
this, the average time served

[[Page 5070]]

for rape is only five and one half years and the average time served 
for sexual assault is under four years. Also troubling is the fact that 
thirteen percent of convicted rapists receive no jail time at all.
  With this in mind, I propose to use federal crime fighting funds to 
create an incentive for states to adopt stricter sentencing and truth-
in-sentencing laws. Specifically, Aimee's Law will redirect enough 
federal crime fighting dollars from a state that has released a 
murderer, rapist, or child molester to pay the prosecutorial and 
incarceration costs incurred by a state which has had to reconvict this 
released felon for a similar crime. Indeed, laws regarding the horrific 
crimes of murder, rape and sexual assault are best enacted at the state 
level. However, the federal government bears a responsibility to ensure 
that federal taxpayer dollars are spent in such a manner as to reflect 
national views on national issues. This legislation uses federal monies 
to create incentives without intruding into a state's right and need to 
legislate on the problem of repeat offenders.
  Representative Matt Salmon introduced this legislation last Congress 
and earlier this Congress. Representative Salmon's bipartisan bill 
currently has 66 cosponsors, including Majority Whip Tom Delay and 
Democratic Caucus Chair Martin Frost. Moreover, it has been endorsed by 
Ms. Gail Willard, Aimee's mother, and numerous organizations such as 
the National Fraternal Order of Police, the National Rifle Association, 
the KlassKids Foundation, Justice For All, the National Association of 
Crime Victims' Rights, the Women's Coalition, and Kids Safe.
  I urge my colleagues to support this legislation and help protect our 
communities from repeat offenders.
  Mr. President, I ask unanimous consent that the text of the 
legislation be printed in the Record.
  There being no objection, the bill was ordered to printed in the 
Record, as follows:

                                 S. 668

       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 ``Aimee's Law''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Dangerous sexual offense.--The term ``dangerous sexual 
     offense'' means sexual abuse or sexually explicit conduct 
     committed by an individual who has attained the age of 18 
     years against an individual who has not attained the age of 
     14 years.
       (2) Murder.--The term ``murder'' has the meaning given that 
     term in section 1111 of title 18, United States Code.
       (3) Rape.--The term ``rape'' means any conduct constituting 
     unlawful sexual intercourse with another individual without 
     the consent of such other individual.
       (4) Sexual abuse.--The term ``sexual abuse'' has the 
     meaning given that term in section 3509 of title 18, United 
     States Code.
       (5) Sexual contact.--The term ``sexual contact'' has the 
     meaning given that term in section 2246 of title 18, United 
     States Code.
       (6) Sexually explicit conduct.--The term ``sexually 
     explicit conduct'' has the meaning given that term in section 
     2256 of title 18, United States Code.

     SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COMMITTED BY 
                   CERTAIN RELEASED FELONS.

       (a) Penalty.--
       (1) In general.--Subject to paragraph (2), in any case in 
     which a State convicts an individual of murder, rape, or a 
     dangerous sexual offense, who has a prior conviction for any 
     1 of those offenses in another State, the Attorney General 
     shall transfer an amount equal to the costs of incarceration, 
     prosecution, and apprehension of that individual, from 
     Federal law enforcement assistance funds that have been 
     allocated to but not distributed to the State that convicted 
     such individual of the prior offense, to the State account 
     that collects Federal law enforcement assistance funds of the 
     State that convicted that individual of the subsequent 
     offense.
       (2) Multiple states.--In any case in which a State convicts 
     an individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any 1 or more of those 
     offenses in more than 1 other State, the Attorney General 
     shall transfer an amount equal to the costs of incarceration, 
     prosecution, and apprehension of that individual, from 
     Federal law enforcement assistance funds that have been 
     allocated to but not distributed to each State that convicted 
     such individual of the prior offense, to the State account 
     that collects Federal law enforcement assistance funds of the 
     State that convicted that individual of the subsequent 
     offense.
       (b) State Applications.--In order to receive an amount 
     transferred under subsection (a), the chief executive of a 
     State shall submit to the Attorney General an application, in 
     such form and containing such information as the Attorney 
     General may reasonably require, which shall include a 
     certification that the State has convicted an individual of 
     murder, rape, or a dangerous sexual offense, who has a prior 
     conviction for 1 of those offenses in another State.
       (c) Source of Funds.--Any amount transferred under 
     subsection (a) shall be derived by reducing the amount of 
     Federal law enforcement assistance funds received by the 
     State that convicted such individual of the prior offense 
     before the distribution of the funds to the State. The 
     Attorney General, in consultation with the chief executive of 
     the State that convicted such individual of the prior 
     offense, shall establish a payment schedule.
       (d) Construction.--Nothing in this section may be construed 
     to diminish or otherwise affect any court ordered 
     restitution.
       (e) Exception.--This section does not apply if an 
     individual convicted of murder, rape, or a dangerous sexual 
     offense has escaped prison and subsequently been convicted 
     for an offense described in subsection (a).

     SEC. 4. COLLECTION OF RECIDIVISM DATA.

       (a) In General.--Beginning with calendar year 1999, and 
     each calendar year thereafter, the Attorney General shall 
     collect and maintain information relating to, with respect to 
     each State--
       (1) the number of convictions during that calendar year for 
     murder, rape, and any sex offense in the State in which, at 
     the time of the offense, the victim had not attained the age 
     of 14 years and the offender had attained the age of 18 
     years; and
       (2) the number of convictions described in paragraph (1) 
     that constitute second or subsequent convictions of the 
     defendant of an offense described in that paragraph.
       (b) Report.--Not later than March 1, 2000, and on March 1 
     of each year thereafter, the Attorney General shall submit to 
     Congress a report, which shall include--
       (1) the information collected under subsection (a) with 
     respect to each State during the preceding calendar year; and
       (2) the percentage of cases in each State in which an 
     individual convicted of an offense described in subsection 
     (a)(1) was previously convicted of another such offense in 
     another State during the preceding calendar year.
                                 ______
                                 
      By Mr. COVERDELL (for himself, Mr. Breaux, Mr. DeWine, and Mr. 
        Grams):
  S. 669. A bill to amend the Federal Water Pollution Control Act to 
ensure compliance by Federal facilities with pollution control 
requirements; to the Committee on Environment and Public Works.


       the federal facilities clean water compliance act of 1999

  Mr. COVERDELL. Mr. President, I rise today to introduce legislation 
with the senior Senator from Louisiana, the senior Senator from Ohio, 
and the junior Senator from Minnesota. This legislation--the Federal 
Facilities Clean Water Compliance Act of 1999--will guarantee that the 
federal government is held to the same full range of enforcement 
mechanisms available under the Clean Water Act as private entities, 
states, and localities. Each federal department, agency, and 
instrumentality will be subject to and comply with all Federal, State, 
and local requirements with respect to the control and abatement of 
water pollution and management in the same manner and extent as any 
person is subject to such requirements, including the payment of 
reasonable service charges.
  It has been over twenty-six years since the enactment of the Clean 
Water Act. This Act has been an effective tool in improving the quality 
of our nation's rivers, lakes, and streams. Over that period of time, 
however, states have not had the ability to impose certain fines and 
penalties against federal agencies for violations of the Clean Water 
Act. This is a double standard that should not be continued.
  In 1972, Congress included provisions on federal facility compliance 
with our nation's water pollution laws in section 313 of the Clean 
Water Act. Section 313 called for federal facilities to comply with all 
federal, state, and local water pollution requirements. However, in 
1992, the United States Supreme Court ruled in U.S. Dept. of Energy v. 
Ohio, that States could not impose certain fines and penalties against 
federal agencies for violations of the Clean Water Act and the Resource 
Conservation Recovery Act (RCRA). Because of this decision, the Federal 
Facilities Compliance Act (H.R. 2194) was

[[Page 5071]]

enacted to clarify that Congress intended to waive sovereign immunity 
for agencies in violation of RCRA. Federal agencies in violation of the 
RCRA are now subject to State levied fines and penalties. However, this 
legislation did not address the Supreme Court's decision with regard to 
the Clean Water Act. The Federal Facilities Clean Water Compliance Act 
of 1999 makes it unequivocally clear that the federal government waives 
its claim to sovereign immunity in the Clean Water Act.
  The federal government owns hundreds of thousands of buildings, 
located on millions of acres of land, none of which have to abide by 
the same standards as a private entity does under the Clean Water Act. 
This legislation simply ensures that the federal government lives by 
the same rules it imposes on everyone else.
  I would like to thank Senator Breaux, Senator DeWine, and Senator 
Grams for cosponsoring this important legislation, and look forward to 
working with them and my other colleagues in the United States Senate 
on its speedy consideration.
  Mr. BREAUX. Mr. President, I'm pleased to join Senator Coverdell, 
Senator DeWine and Senator Grams in introducing the ``Federal 
Facilities Clean Water Compliance Act of 1999.''
  My primary reason for sponsoring the bill is to make the federal 
Clean Water Act equitable by requiring that it apply to and be enforced 
against the federal government.
  Currently, states, local governments and the private sector do not 
have immunity from the act's enforcement. By the same principle, the 
federal government should not be granted such immunity from the clean 
water statute and this bill provides that parity.
  The bill also provides that the federal government would be subject 
to all the same enforcement mechanisms that apply to states, local 
governments and the private sector under the Clean Water Act.
  Fairness, safety, public health and environmental protection all 
dictate that Federal agencies should be held to the same standards for 
water pollution prevention and control as apply to states, local 
governments and the private sector.
  Equity is ensured by our bill because all levels of government and 
the private sector would be treated the same under the Clean Water 
Act's enforcement programs. No one would be allowed immunity.
  To paraphrase a well-known adage, what's good for states, local 
governments and the private sector in terms of clean water should be 
good for the federal government.
  In addition to the provisions stated previously, the bill reflects 
the adage's fairness principle in another fashion.
  The bill would hold the federal government accountable to comply not 
only with its own clean water statute, but also with state and local 
clean water laws. Again, equity would be upheld. And, safety, public 
health and environmental protection would be strengthened.
  Other provisions are contained as well in the legislation which 
Senator Coverdell, Senator DeWine, Senator Grams and I are introducing 
today. For example, the EPA administrator, the Secretary of the Army 
and the Secretary of Transportation would be authorized to pursue 
administrative enforcement actions under the Clean Water Act against 
any non-complying federal agencies. It also includes provisions for 
federal employees' personal liability under the act's civil and 
criminal penalty provisions and a requirement that the federal 
government pay reasonable service charges when complying with clean 
water laws.
  Over the years, the United States has made dramatic advances in 
protecting the environment as a result of the Clean Water Act. We have 
all benefitted as a result.
  Today, I encourage other Senators to join Senator Coverdell, Senator 
DeWine, Senator Grams and me as cosponsors of the bill to bring equity 
to the clean water program and to make possible the expansion of its 
public and private benefits.
  Mr. DeWINE. Mr. President, I rise today to join Senators Coverdell, 
Breaux, and Grams in introducing the Federal Facilities Clean Water 
Compliance Act of 1999. This legislation would hold the Federal 
Government accountable under the Nation's Federal water laws. Today, 
states, local governments and the private sector must all comply with 
each and every Federal, State, and local water requirement. The Federal 
Government does not.
  Although Congress included provisions requiring Federal facilities to 
comply with the Nation's water pollution laws in 1972, the United 
States Supreme Court ruled that State governments could not impose 
certain fines and penalties against Federal agencies for violations of 
the Clean Water Act. While other legislation has forced the Federal 
Government to comply with other environmental statutes, Congress has 
not yet brought Federal facilities into compliance with the 
requirements on the prevention and control of water pollution.
  This legislation, however, guarantees that the Federal Government is 
(1) held to the same enforcement mechanisms under the Clean Water Act 
as private entities, states, and localities; (2) complies with all of 
the Federal, State, and local requirements on the prevention and 
control of water pollution; and (3) is responsible for the payment of 
reasonable service charges.
  The Clean Water Act celebrated its twenty-fifth anniversary two years 
ago. As a result, the entire nation has benefitted from cleaner water. 
In the interests of fairness, the Federal Government should not be 
granted immunity from the Nation's clean water laws any longer. For the 
sake of fairness, public safety and health, and environmental 
protection, the Federal Government should be held to the same standards 
for water pollution prevention and control as states, local governments 
and the private sector.
  Mr. GRAMS. Mr. President, I rise today in support of the Federal 
Facilities Clean Water Compliance Act of 1999. I would like to thank 
Senator Coverdell for bringing this important legislation forward again 
in the 106th Congress.
  Quite simply, this legislation would force federal agencies to comply 
with the provisions of the Clean Water Act--something I believe most 
citizens assume already takes place. Unfortunately, when Congress 
passed the Clean Water Act in 1972, it left an out for federal agency 
compliance with the law by allowing them to claim ``sovereign 
immunity'' for protection against state actions or fines. So when 
federal agencies are not complying with provisions of the Clean Water 
Act, they can state in court that they are above the law.
  I have always believed that the government must live under the same 
rules that it forces everyone else to live under. Any government which 
attempts to subvert the law or hide from responsibility by claiming 
``sovereign immunity'' from environmental protection requirements, is a 
government that is above the people it serves, rather than a servant of 
the people. This legislation would reverse that trend, and force the 
federal government to waive sovereign immunity when a state brings an 
action under the Clean Water Act. And the bill ensures that any money 
that state receives as a result of such an action is placed back into 
programs that protect the environment or defray the costs of 
environmental protection or enforcement.
  I believe it is important that federal agencies comply with the 
environmental standards Congress mandates everyone else must comply. By 
passing the legislation we are offering today, we can restore a degree 
of certainty to the American people and to our states and localities 
that their federal government is not exempt from protecting the 
environment and that their federal government is not above the law. 
That is why I am proud to cosponsor this legislation. I look forward to 
working with Senators Coverdell, DeWine, and Breaux over the coming 
weeks and months in bringing this matter before the full Senate for 
debate and a vote.
                                 ______
                                 
      By Mr. JEFFORDS (for himself and Mr. Dodd):
  S. 670. A bill to amend the Internal Revenue Code of 1986 to provide 
that the exclusion from gross income for

[[Page 5072]]

foster care payments shall also apply to payments by qualifying 
placement agencies, and for other purposes; to the Committee on 
Finance.


                          tax code legislation

  Mr. JEFFORDS. Mr. President, today I am introducing a bill that will 
eliminate unnecessary distinctions drawn by the Internal Revenue Code 
in the tax treatment of payments received by people who open their 
homes to care for foster children and adults. Currently, the law allows 
an exclusion from income for foster care payments received by some 
providers, while denying eligibility for the exclusion to other 
providers. My bill expands the law's exclusion for foster care 
payments. By simplifying the tax treatment of foster care payments, the 
bill will remove the inequities and uncertainties inherent in the 
current tax treatment.
  Under current law, foster care providers are permitted to deduct 
expenditures incurred for the care of foster individuals. Providers 
must maintain detailed records to substantiate these deductions. In 
lieu of this detailed record keeping, section 131 of the Internal 
Revenue Code allows certain foster care providers to exclude from 
income the payments they receive for providing foster care. Eligibility 
for this exclusion depends upon a complicated analysis of three 
factors: the age of the person in foster care; the type of foster care 
placement agency; and the source of the foster care payments. For 
children under age 19 in foster care, section 131 permits providers to 
exclude payments when a State (or one of its political subdivisions) or 
a charitable tax-exempt placement agency places the individual in 
foster care and makes the foster care payments. For persons age 19 and 
older, section 131 permits providers to exclude foster care payments 
only when a State (or one of its political subdivisions) places the 
individual and makes the payments.
  This bill will simplify these anachronistic tax rules by expanding 
the tax code's exclusion to include foster care payments for all 
persons in foster care, regardless of age. The exclusion will also be 
available when the foster care placement is made by a private foster 
care placement agency and even when foster care payments are received 
through a private foster care placement agency, rather than directly 
from a State (or one of its political subdivisions). To ensure 
appropriate oversight, the bill requires that the placement agency be 
either licensed by, or certified by, a State or a political subdivision 
thereof.
  A qualified foster care payment under this bill must be made pursuant 
to a foster care program of a State or a political subdivision thereof. 
My intention is for this bill to cover the wide variety of foster care 
programs developed by States, some of which are part of larger State 
programs designed to provide a variety of home- and community-based 
services to individuals. These foster care programs place children--and 
in some cases adults--in homes of unrelated families who provide foster 
care on a full-time basis. Families providing foster care give those in 
their care the daily support and supervision typically given to a 
family member. Like traditional families, foster care providers ensure 
that foster children or adults have a healthy physical environment, get 
routine and emergency medical care, are adequately clothed and fed, and 
have satisfying leisure activities. Foster families provide those under 
their care with intellectual stimulation and emotional support that is 
all too often lacking in institutional or large congregate settings.
  In some States, the State itself (or a political subdivision) 
administers both child and adult foster care programs. Many States, 
however, are increasingly entrusting administration of these programs 
to private placement agencies, approved through licensing or 
certification procedures, or government-designated intermediary tax-
exempt organizations. Through the approval process, private placement 
agencies are accountable for their use of funds and for the quality of 
services they provide. The bill is intended to cover both those 
governmental foster care programs funded solely by State or political 
subdivision monies, and--especially in the case of adult foster care--
programs funded by the federal government, typically through a State's 
Medicaid Home and Community-Based Waiver program approved by the 
federal government under 42 U.S.C. section 1396n(c).
  While foster care for children has been in existence for decades, 
foster care for adults is a more recent phenomenon. Sometimes referred 
to as ``host homes'' or ``developmental homes,'' adult foster care 
facilities have proven to be an effective alternative to institutional 
care for adults with disabilities. My home State of Vermont has been at 
the forefront of efforts to develop individualized alternatives to 
institutional care. In 1993, Vermont closed the state institution for 
people with developmental disabilities. Vermont has chosen to rely on 
foster families, so that people with developmental disabilities can 
live in homes and participate in the regular routines of life that most 
of us take for granted. The foster care model has provided people with 
disabilities a cost-effective opportunity for successful lives in 
communities, with valued relationships with their foster families that 
have developed over time.
  Vermont authorizes local developmental service providers to act as 
placement agencies and to contract with families willing to provide 
foster care in their homes. The tax law's disparate tax treatment of 
foster care payments impedes these types of arrangements. Persons 
providing foster care for individuals placed in their homes by the 
government can exclude foster care payments from income. For providers 
receiving payments from private agencies, however, the exclusion is not 
available (unless the individual in foster care is under age 19 and the 
placement agency is a nonprofit organization). Because of the 
complexity of current law, providers often receive conflicting advice 
from tax professionals regarding the proper tax treatment of foster 
care payments they receive. In addition, these rules discourage willing 
families from providing foster care in their homes to persons placed by 
private placement agencies, thus reducing the availability of care 
alternatives.
  Mr. President, this bill will advance the development of family-based 
foster care services, a highly valued alternative to 
institutionalization. I urge my colleagues to support it.
 Mr. DODD. Mr. President, I am pleased to again introduce with 
my colleague, Senator Jeffords, a critically important piece of 
legislation that will ensure fair treatment for individuals and 
families who provide invaluable care to foster children and adults.
  Foster care providers are currently permitted to deduct expenditures 
made while caring for foster individuals if detailed expense records 
are maintained to support such deductions. However, section 131 of the 
Internal Revenue Code permits certain foster care providers to exclude, 
from taxable income, payments they receive to care for foster 
individuals. Who specifically is available for this exclusion depends 
upon a complicated analysis of three factors: the age of the individual 
receiving foster care services, the type of foster care placement 
agency, and the source of the foster care payments.
  Section 131 permits foster care providers to exclude payments from 
taxable income only when a state, or one of its political divisions, or 
a charitable tax exempt placement agency places the individual and 
makes the foster care payments for children less than 19 years of age. 
However, for adults over the age of 19, section 131 permits foster care 
providers to exclude payments from taxable income only when a state, or 
one of its divisions, places the individual and provides the foster 
care payments.
  Mr. President, I believe we must move to eliminate the inequities and 
needless complexities of the current system. Because states and 
localities across the country are increasingly relying on private 
agencies to arrange for foster care services for both children and 
adults, this inequity will only become more apparent. Presently, some 
foster care providers are understandably reluctant to contract with 
private

[[Page 5073]]

placement agencies because current law requires such providers to 
include foster care payments as taxable income. In contrast, current 
law permits providers who care for foster individuals placed in their 
homes by government agencies to exclude such payments from taxable 
income. Current law, therefore, discourages families from providing 
foster care on behalf of private placement agencies, thereby reducing 
badly-needed foster care opportunities for individuals requiring 
assistance.
  The bill Senator Jeffords and I introduce today will greatly simplify 
the outdated tax rules applicable to foster care payments. Under our 
proposed legislation, foster care providers would be able to avoid 
onerous record keeping by excluding from income any foster care payment 
received regardless of the age of the individual receiving foster care 
services, the type of agency that placed the individual, or the source 
of foster care payments. To ensure appropriate oversight, this bill 
will require the placement agency to be licensed either by, or under 
contract with, a state or one of its political divisions.
  Mr. President, this legislation accomplishes what current law does 
not--consistent and fair treatment of families and individuals who open 
their homes and their hearts to foster children and adults. While this 
modest proposal was unfortunately not adopted in the last Congress, it 
is my hope that foster parents may soon realize equitable treatment 
with the passage of this important legislation.
                                 ______
                                 
      By Mr. LEAHY:
  S. 671. A bill to amend the Trademark Act of 1946 to provide for the 
registration and protection of trademarks used in commerce, in order to 
carry out provisions of certain international conventions, and for 
other purposes; to the Committee on the Judiciary.


                   madrid protocol implementation act

  Mr. LEAHY. Mr. President, I am pleased to introduce implementing 
legislation for the Protocol Relating to the Madrid Agreement 
Concerning the International Registration of Marks (Protocol). Last 
Congress, I introduced an identical bill, S. 2191 which unfortunately 
the Senate did not consider.
  This bill is part of my ongoing effort to update American 
intellectual property law to ensure that it serves to advance and 
protect American interests both here and abroad. The Protocol would 
help American businesses, and especially small- and medium-sized 
companies, protect their trademarks as they expand into international 
markets. Specifically, this legislation will conform American trademark 
application procedures to the terms of the Protocol in anticipation of 
the U.S.'s eventual ratification of the treaty. Ratification by the 
United States of this treaty would help create a ``one stop'' 
international trademark registration process, which would be an 
enormous benefit for American businesses. This bill is one of many 
measures I have introduced and supported over the past few years to 
ensure that American trademark holders receive strong protection in 
today's world of changing technology and complex international markets.
  When I introduced this legislation last year, I also cosponsored S. 
2193, legislation to implement the Trademark Law Treaty. S. 2193 
simplified trademark registration requirements around the world by 
establishing a list of maximum requirements which Treaty member 
countries can impose on trademark applicants. The bill passed the 
Senate on September 17, 1998, and was signed by the President on 
October 30, 1998. I am proud of this legislation since all American 
businesses, and particularly small American businesses, will benefit as 
a result.
  I have in the past supported legislation critical to keeping our 
trademark laws up-to-date. For example, last year I introduced S. 1727, 
which authorized a comprehensive study of the effects of adding new 
generic Top Level Domains on trademark and other intellectual property 
rights. This bill became law as part of the Next Generation Internet 
Research Act, S. 1609, which was signed into law on October 28, 1998. I 
also supported the Federal Trademark Dilution Act of 1995, enacted in 
the 104th Congress to provide intellectual property rights holders with 
the power to enjoin another person's commercial use of famous marks 
that would cause dilution of the mark's distinctive quality.
  Together, these measures represent significant steps in our efforts 
to ensure that American trademark law adequately serves and promote 
American interests.
  The legislation I introduce today would ease the trademark 
registration burden on small- and medium-sized businesses by enabling 
businesses to obtain trademark protection in all signatory countries 
with a single trademark application filed with the Patent and Trademark 
Office. Currently, in order for American companies to protect their 
trademarks abroad, they must register their trademarks in each and 
every country in which protection is sought. Registering in multiple 
countries is a time-consuming, complicated and expensive process--a 
process which places a disproportionate burden on smaller American 
companies seeking international trademark protection.
  Since 1891, the Madrid Agreement Concerning the International 
Registration of Marks (Agreement) has provided an international 
trademark registration system. However, prior to adoption of the 
Protocol, the U.S. declined to join the Agreement because it contained 
terms deemed inimical to American intellectual property interests. In 
1989, the terms of the Agreement were modified by the Protocol, which 
corrected the objectionable terms of the Agreement and made American 
participation a possibility. For example, under the Protocol, 
applications for international trademark extension can be completed in 
English; formerly, applications were required to be completed in 
French. It should be noted that the Protocol would not require 
substantive changes to American trademark law, but merely to certain 
procedures for registering trademarks. This implementing legislation is 
identical to legislation that passed the House last year and has been 
reintroduced this year as H.R. 769, by Representatives Howard Coble (R-
NC) and Howard Berman (D-CA). Indeed, H.R. 769 has already been 
reported favorably by the House Judiciary Subcommittee on Courts and 
Intellectual Property.
  To date, the Administration has resisted accession to the treaty 
because of voting rights disputes with the European Union. The EU has 
sought to retain an additional vote for itself as an intergovernmental 
entity, in addition to the votes of its member states. I support the 
Administration's efforts to negotiate a treaty based upon the equitable 
and democratic principle of one-state, one-vote. However, in 
anticipation of the eventual resolution of this dispute, the Senate has 
the opportunity to act now to make the technical changes to American 
trademark law so that once this voting dispute is satisfactorily 
resolved and the U.S. accedes to the Protocol, ``one-stop'' 
international trademark registration can become an immediate reality 
for all American trademark applicants.
  I ask unanimous consent that a copy of the bill and the sectional 
analysis be placed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 671

       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 ``Madrid Protocol 
     Implementation Act''.

     SEC. 2. PROVISIONS TO IMPLEMENT THE PROTOCOL RELATING TO THE 
                   MADRID AGREEMENT CONCERNING THE INTERNATIONAL 
                   REGISTRATION OF MARKS.

       The Act entitled ``An Act to provide for the registration 
     and protection of trade-marks used in commerce, to carry out 
     the provisions of certain international conventions, and for 
     other purposes'', approved July 5, 1946, as amended (15 
     U.S.C. 1051 et seq.) (commonly referred to as the ``Trademark 
     Act of 1946'') is amended by adding after section 51 the 
     following new title:

                    ``TITLE XII--THE MADRID PROTOCOL

     ``SEC. 60. DEFINITIONS.

       ``For purposes of this title:
       ``(1) Madrid protocol.--The term `Madrid Protocol' means 
     the Protocol Relating to the

[[Page 5074]]

     Madrid Agreement Concerning the International Registration of 
     Marks, adopted at Madrid, Spain, on June 27, 1989.
       ``(2) Basic application.--The term `basic application' 
     means the application for the registration of a mark that has 
     been filed with an Office of a Contracting Party and that 
     constitutes the basis for an application for the 
     international registration of that mark.
       ``(3) Basic registration.--The term `basic registration' 
     means the registration of a mark that has been granted by an 
     Office of a Contracting Party and that constitutes the basis 
     for an application for the international registration of that 
     mark.
       ``(4) Contracting party.--The term `Contracting Party' 
     means any country or inter-governmental organization that is 
     a party to the Madrid Protocol.
       ``(5) Date of recordal.--The term `date of recordal' means 
     the date on which a request for extension of protection that 
     is filed after an international registration is granted is 
     recorded on the International Register.
       ``(6) Declaration of bona fide intention to use the mark in 
     commerce.--The term `declaration of bona fide intention to 
     use the mark in commerce' means a declaration that is signed 
     by the applicant for, or holder of, an international 
     registration who is seeking extension of protection of a mark 
     to the United States and that contains a statement that--
       ``(A) the applicant or holder has a bona fide intention to 
     use the mark in commerce,
       ``(B) the person making the declaration believes that 
     person, or the firm, corporation, or association in whose 
     behalf that person makes the declaration, to be entitled to 
     use the mark in commerce, and
       ``(C) no other person, firm, corporation, or association, 
     to the best of such person's knowledge and belief, has the 
     right to use such mark in commerce either in the identical 
     form of the mark or in such near resemblance to the mark as 
     to be likely, when used on or in connection with the goods of 
     such other person, firm, corporation, or association, to 
     cause confusion, or to cause mistake, or to deceive.
       ``(7) Extension of protection.--The term `extension of 
     protection' means the protection resulting from an 
     international registration that extends to a Contracting 
     Party at the request of the holder of the international 
     registration, in accordance with the Madrid Protocol.
       ``(8) Holder of an international registration.--A `holder' 
     of an international registration is the natural or juristic 
     person in whose name the international registration is 
     recorded on the International Register.
       ``(9) International application.--The term `international 
     application' means an application for international 
     registration that is filed under the Madrid Protocol.
       ``(10) International bureau.--The term `International 
     Bureau' means the International Bureau of the World 
     Intellectual Property Organization.
       ``(11) International register.--The term `International 
     Register' means the official collection of such data 
     concerning international registrations maintained by the 
     International Bureau that the Madrid Protocol or its 
     implementing regulations require or permit to be recorded, 
     regardless of the medium which contains such data.
       ``(12) International registration.--The term `international 
     registration' means the registration of a mark granted under 
     the Madrid Protocol.
       ``(13) International registration date.--The term 
     `international registration date' means the date assigned to 
     the international registration by the International Bureau.
       ``(14) Notification of refusal.--The term `notification of 
     refusal' means the notice sent by an Office of a Contracting 
     Party to the International Bureau declaring that an extension 
     of protection cannot be granted.
       ``(15) Office of a contracting party.--The term `Office of 
     a Contracting Party' means--
       ``(A) the office, or governmental entity, of a Contracting 
     Party that is responsible for the registration of marks, or
       ``(B) the common office, or governmental entity, of more 
     than 1 Contracting Party that is responsible for the 
     registration of marks and is so recognized by the 
     International Bureau.
       ``(16) Office of origin.--The term `office of origin' means 
     the Office of a Contracting Party with which a basic 
     application was filed or by which a basic registration was 
     granted.
       ``(17) Opposition period.--The term `opposition period' 
     means the time allowed for filing an opposition in the Patent 
     and Trademark Office, including any extension of time granted 
     under section 13.

     ``SEC. 61. INTERNATIONAL APPLICATIONS BASED ON UNITED STATES 
                   APPLICATIONS OR REGISTRATIONS.

       ``The owner of a basic application pending before the 
     Patent and Trademark Office, or the owner of a basic 
     registration granted by the Patent and Trademark Office, 
     who--
       ``(1) is a national of the United States,
       ``(2) is domiciled in the United States, or
       ``(3) has a real and effective industrial or commercial 
     establishment in the United States,

     may file an international application by submitting to the 
     Patent and Trademark Office a written application in such 
     form, together with such fees, as may be prescribed by the 
     Commissioner.

     ``SEC. 62. CERTIFICATION OF THE INTERNATIONAL APPLICATION.

       ``Upon the filing of an application for international 
     registration and payment of the prescribed fees, the 
     Commissioner shall examine the international application for 
     the purpose of certifying that the information contained in 
     the international application corresponds to the information 
     contained in the basic application or basic registration at 
     the time of the certification. Upon examination and 
     certification of the international application, the 
     Commissioner shall transmit the international application to 
     the International Bureau.

     ``SEC. 63. RESTRICTION, ABANDONMENT, CANCELLATION, OR 
                   EXPIRATION OF A BASIC APPLICATION OR BASIC 
                   REGISTRATION.

       ``With respect to an international application transmitted 
     to the International Bureau under section 62, the 
     Commissioner shall notify the International Bureau whenever 
     the basic application or basic registration which is the 
     basis for the international application has been restricted, 
     abandoned, or canceled, or has expired, with respect to some 
     or all of the goods and services listed in the international 
     registration--
       ``(1) within 5 years after the international registration 
     date; or
       ``(2) more than 5 years after the international 
     registration date if the restriction, abandonment, or 
     cancellation of the basic application or basic registration 
     resulted from an action that began before the end of that 5-
     year period.

     ``SEC. 64. REQUEST FOR EXTENSION OF PROTECTION SUBSEQUENT TO 
                   INTERNATIONAL REGISTRATION.

       ``The holder of an international registration that is based 
     upon a basic application filed with the Patent and Trademark 
     Office or a basic registration granted by the Patent and 
     Trademark Office may request an extension of protection of 
     its international registration by filing such a request--
       ``(1) directly with the International Bureau, or
       ``(2) with the Patent and Trademark Office for transmittal 
     to the International Bureau, if the request is in such form, 
     and contains such transmittal fee, as may be prescribed by 
     the Commissioner.

     ``SEC. 65. EXTENSION OF PROTECTION OF AN INTERNATIONAL 
                   REGISTRATION TO THE UNITED STATES UNDER THE 
                   MADRID PROTOCOL.

       ``(a) In General.--Subject to the provisions of section 68, 
     the holder of an international registration shall be entitled 
     to the benefits of extension of protection of that 
     international registration to the United States to the extent 
     necessary to give effect to any provision of the Madrid 
     Protocol.
       ``(b) If United States is Office of Origin.--An extension 
     of protection resulting from an international registration of 
     a mark shall not apply to the United States if the Patent and 
     Trademark Office is the office of origin with respect to that 
     mark.

     ``SEC. 66. EFFECT OF FILING A REQUEST FOR EXTENSION OF 
                   PROTECTION OF AN INTERNATIONAL REGISTRATION TO 
                   THE UNITED STATES.

       ``(a) Requirement for Request for Extension of 
     Protection.--A request for extension of protection of an 
     international registration to the United States that the 
     International Bureau transmits to the Patent and Trademark 
     Office shall be deemed to be properly filed in the United 
     States if such request, when received by the International 
     Bureau, has attached to it a declaration of bona fide 
     intention to use the mark in commerce that is verified by the 
     applicant for, or holder of, the international registration.
       ``(b) Effect of Proper Filing.--Unless extension of 
     protection is refused under section 68, the proper filing of 
     the request for extension of protection under subsection (a) 
     shall constitute constructive use of the mark, conferring the 
     same rights as those specified in section 7(c), as of the 
     earliest of the following:
       ``(1) The international registration date, if the request 
     for extension of protection was filed in the international 
     application.
       ``(2) The date of recordal of the request for extension of 
     protection, if the request for extension of protection was 
     made after the international registration date.
       ``(3) The date of priority claimed under section 67.

     ``SEC. 67. RIGHT OF PRIORITY FOR REQUEST FOR EXTENSION OF 
                   PROTECTION TO THE UNITED STATES.

       ``The holder of an international registration with an 
     extension of protection to the United States shall be 
     entitled to claim a date of priority based on the right of 
     priority within the meaning of Article 4 of the Paris 
     Convention for the Protection of Industrial Property if--
       ``(1) the international registration contained a claim of 
     such priority; and
       ``(2)(A) the international application contained a request 
     for extension of protection to the United States, or
       ``(B) the date of recordal of the request for extension of 
     protection to the United States is not later than 6 months 
     after the date of

[[Page 5075]]

     the first regular national filing (within the meaning of 
     Article 4(A)(3) of the Paris Convention for the Protection of 
     Industrial Property) or a subsequent application (within the 
     meaning of Article 4(C)(4) of the Paris Convention).

     ``SEC. 68. EXAMINATION OF AND OPPOSITION TO REQUEST FOR 
                   EXTENSION OF PROTECTION; NOTIFICATION OF 
                   REFUSAL.

       ``(a) Examination and Opposition.--(1) A request for 
     extension of protection described in section 66(a) shall be 
     examined as an application for registration on the Principal 
     Register under this Act, and if on such examination it 
     appears that the applicant is entitled to extension of 
     protection under this title, the Commissioner shall cause the 
     mark to be published in the Official Gazette of the Patent 
     and Trademark Office.
       ``(2) Subject to the provisions of subsection (c), a 
     request for extension of protection under this title shall be 
     subject to opposition under section 13. Unless successfully 
     opposed, the request for extension of protection shall not be 
     refused.
       ``(3) Extension of protection shall not be refused under 
     this section on the ground that the mark has not been used in 
     commerce.
       ``(4) Extension of protection shall be refused under this 
     section to any mark not registrable on the Principal 
     Register.
       ``(b) Notification of Refusal.--If, a request for extension 
     of protection is refused under subsection (a), the 
     Commissioner shall declare in a notification of refusal (as 
     provided in subsection (c)) that the extension of protection 
     cannot be granted, together with a statement of all grounds 
     on which the refusal was based.
       ``(c) Notice to International Bureau.--(1) Within 18 months 
     after the date on which the International Bureau transmits to 
     the Patent and Trademark Office a notification of a request 
     for extension of protection, the Commissioner shall transmit 
     to the International Bureau any of the following that applies 
     to such request:
       ``(A) A notification of refusal based on an examination of 
     the request for extension of protection.
       ``(B) A notification of refusal based on the filing of an 
     opposition to the request.
       ``(C) A notification of the possibility that an opposition 
     to the request may be filed after the end of that 18-month 
     period.
       ``(2) If the Commissioner has sent a notification of the 
     possibility of opposition under paragraph (1)(C), the 
     Commissioner shall, if applicable, transmit to the 
     International Bureau a notification of refusal on the basis 
     of the opposition, together with a statement of all the 
     grounds for the opposition, within 7 months after the 
     beginning of the opposition period or within 1 month after 
     the end of the opposition period, whichever is earlier.
       ``(3) If a notification of refusal of a request for 
     extension of protection is transmitted under paragraph (1) or 
     (2), no grounds for refusal of such request other than those 
     set forth in such notification may be transmitted to the 
     International Bureau by the Commissioner after the expiration 
     of the time periods set forth in paragraph (1) or (2), as the 
     case may be.
       ``(4) If a notification specified in paragraph (1) or (2) 
     is not sent to the International Bureau within the time 
     period set forth in such paragraph, with respect to a request 
     for extension of protection, the request for extension of 
     protection shall not be refused and the Commissioner shall 
     issue a certificate of extension of protection pursuant to 
     the request.
       ``(d) Designation of Agent for Service of Process.--In 
     responding to a notification of refusal with respect to a 
     mark, the holder of the international registration of the 
     mark shall designate, by a written document filed in the 
     Patent and Trademark Office, the name and address of a person 
     resident in the United States on whom may be served notices 
     or process in proceedings affecting the mark. Such notices or 
     process may be served upon the person so designated by 
     leaving with that person, or mailing to that person, a copy 
     thereof at the address specified in the last designation so 
     filed. If the person so designated cannot be found at the 
     address given in the last designation, such notice or process 
     may be served upon the Commissioner.

     ``SEC. 69. EFFECT OF EXTENSION OF PROTECTION.

       ``(a) Issuance of Extension of Protection.--Unless a 
     request for extension of protection is refused under section 
     68, the Commissioner shall issue a certificate of extension 
     of protection pursuant to the request and shall cause notice 
     of such certificate of extension of protection to be 
     published in the Official Gazette of the Patent and Trademark 
     Office.
       ``(b) Effect of Extension of Protection.--From the date on 
     which a certificate of extension of protection is issued 
     under subsection (a)--
       ``(1) such extension of protection shall have the same 
     effect and validity as a registration on the Principal 
     Register, and
       ``(2) the holder of the international registration shall 
     have the same rights and remedies as the owner of a 
     registration on the Principal Register.

     ``SEC. 70. DEPENDENCE OF EXTENSION OF PROTECTION TO THE 
                   UNITED STATES ON THE UNDERLYING INTERNATIONAL 
                   REGISTRATION.

       ``(a) Effect of Cancellation of International 
     Registration.--If the International Bureau notifies the 
     Patent and Trademark Office of the cancellation of an 
     international registration with respect to some or all of the 
     goods and services listed in the international registration, 
     the Commissioner shall cancel any extension of protection to 
     the United States with respect to such goods and services as 
     of the date on which the international registration was 
     canceled.
       ``(b) Effect of Failure To Renew International 
     Registration.--If the International Bureau does not renew an 
     international registration, the corresponding extension of 
     protection to the United States shall cease to be valid as of 
     the date of the expiration of the international registration.
       ``(c) Transformation of an Extension of Protection Into a 
     United States Application.--The holder of an international 
     registration canceled in whole or in part by the 
     International Bureau at the request of the office of origin, 
     under Article 6(4) of the Madrid Protocol, may file an 
     application, under section 1 or 44 of this Act, for the 
     registration of the same mark for any of the goods and 
     services to which the cancellation applies that were covered 
     by an extension of protection to the United States based on 
     that international registration. Such an application shall be 
     treated as if it had been filed on the international 
     registration date or the date of recordal of the request for 
     extension of protection with the International Bureau, 
     whichever date applies, and, if the extension of protection 
     enjoyed priority under section 67 of this title, shall enjoy 
     the same priority. Such an application shall be entitled to 
     the benefits conferred by this subsection only if the 
     application is filed not later than 3 months after the date 
     on which the international registration was canceled, in 
     whole or in part, and only if the application complies with 
     all the requirements of this Act which apply to any 
     application filed under section 1 or 44.

     ``SEC. 71. AFFIDAVITS AND FEES.

       ``(a) Required Affidavits and Fees.--An extension of 
     protection for which a certificate of extension of protection 
     has been issued under section 69 shall remain in force for 
     the term of the international registration upon which it is 
     based, except that the extension of protection of any mark 
     shall be canceled by the Commissioner--
       ``(1) at the end of the 6-year period beginning on the date 
     on which the certificate of extension of protection was 
     issued by the Commissioner, unless within the 1-year period 
     preceding the expiration of that 6-year period the holder of 
     the international registration files in the Patent and 
     Trademark Office an affidavit under subsection (b) together 
     with a fee prescribed by the Commissioner; and
       ``(2) at the end of the 10-year period beginning on the 
     date on which the certificate of extension of protection was 
     issued by the Commissioner, and at the end of each 10-year 
     period thereafter, unless--
       ``(A) within the 6-month period preceding the expiration of 
     such 10-year period the holder of the international 
     registration files in the Patent and Trademark Office an 
     affidavit under subsection (b) together with a fee prescribed 
     by the Commissioner; or
       ``(B) within 3 months after the expiration of such 10-year 
     period, the holder of the international registration files in 
     the Patent and Trademark Office an affidavit under subsection 
     (b) together with the fee described in subparagraph (A) and 
     an additional fee prescribed by the Commissioner.
       ``(b) Contents of Affidavit.--The affidavit referred to in 
     subsection (a) shall set forth those goods or services 
     recited in the extension of protection on or in connection 
     with which the mark is in use in commerce and the holder of 
     the international registration shall attach to the affidavit 
     a specimen or facsimile showing the current use of the mark 
     in commerce, or shall set forth that any nonuse is due to 
     special circumstances which excuse such nonuse and is not due 
     to any intention to abandon the mark. Special notice of the 
     requirement for such affidavit shall be attached to each 
     certificate of extension of protection.

     ``SEC. 72. ASSIGNMENT OF AN EXTENSION OF PROTECTION.

       ``An extension of protection may be assigned, together with 
     the goodwill associated with the mark, only to a person who 
     is a national of, is domiciled in, or has a bona fide and 
     effective industrial or commercial establishment either in a 
     country that is a Contracting Party or in a country that is a 
     member of an intergovernmental organization that is a 
     Contracting Party.

     ``SEC. 73. INCONTESTABILITY.

       ``The period of continuous use prescribed under section 15 
     for a mark covered by an extension of protection issued under 
     this title may begin no earlier than the date on which the 
     Commissioner issues the certificate of the extension of 
     protection under section 69, except as provided in section 
     74.

     ``SEC. 74. RIGHTS OF EXTENSION OF PROTECTION.

       ``An extension of protection shall convey the same rights 
     as an existing registration for the same mark, if--
       ``(1) the extension of protection and the existing 
     registration are owned by the same person;

[[Page 5076]]

       ``(2) the goods and services listed in the existing 
     registration are also listed in the extension of protection; 
     and
       ``(3) the certificate of extension of protection is issued 
     after the date of the existing registration.''.

     SEC. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the date on which the Madrid Protocol (as defined 
     in section 60(1) of the Trademark Act of 1946) enters into 
     force with respect to the United States.
                                  ____


    Madrid Protocol Implementation Act--Section by Section Analysis

     Section 1. Short Title
       This section provides a short title: the ``Madrid Protocol 
     Implementation Act.''
     Section 2. Amendments to the Trademark Act of 1946
       This section amends the ``Trademark Act of 1946'' by adding 
     a new Title XII with the following provisions:
       The owner of a registration granted by the Patent and 
     Trademark Office (PTO) or the owner of a pending application 
     before the PTO may file an international application for 
     trademark protection at the PTO.
       After receipt of the appropriate fee and inspection of the 
     application, the PTO Commissioner is charged with the duty of 
     transmitting the application to the WIPO International 
     Bureau.
       The Commissioner is also obliged to notify the 
     International Bureau whenever the international application 
     has been ``. . . restricted, abandoned, canceled, or has 
     expired . . .'' within a specified time period.
       The holder of an international registration may request an 
     extension of its registration by filing with the PTO or the 
     International Bureau.
       The holder of an international registration is entitled to 
     the benefits of extension in the United states to the extent 
     necessary to give effect to any provision of the Protocol; 
     however, an extension of an international registration shall 
     not apply to the United States if the PTO is the office of 
     origin with respect to that mark.
       The holder of an international registration with an 
     extension of protection in the United States may claim a date 
     of priority based on certain conditions.
       If the PTO Commissioner believes that an applicant is 
     entitled to an extension of protection, he or she publishes 
     the mark in the ``Official Gazette'' of the PTO. This serves 
     notice to third parties who oppose the extension. Unless an 
     official protest conducted pursuant to existing law is 
     successful, the request for extension may not be refused. If 
     the request for extension is denied, however, the 
     Commissioner notifies the International Bureau of such action 
     and sets forth the reason(s) why. The Commissioner must also 
     apprise the International Bureau of other relevant 
     information pertaining to requests for extension within the 
     designated time periods.
       If an extension for protection is granted, the Commissioner 
     issues a certificate attesting to such action, and publishes 
     notice of the certificate in the ``Gazette.'' Holders of 
     extension certificates thereafter enjoy protection equal to 
     that of other owners of registration listed on the Principal 
     Register of the PTO.
       If the International Bureau notifies the PTO of a 
     cancellation of some or all of the goods and services listed 
     in the international registration, the Commissioner must 
     cancel an extension of protection with respect to the same 
     goods and services as of the date on which the international 
     registration was canceled. Similarly, if the International 
     Bureau does not renew an international registration, the 
     corresponding extension of protection in the United States 
     shall cease to be valid. Finally, the holder of an 
     international registration canceled in whole or in part by 
     the International Bureau may file an application for the 
     registration of the same mark for any of the goods and 
     services to which the cancellation applies that were covered 
     by an extension of protection to the United States based on 
     that international registration.
       The holder of an extension of protection must, within 
     designated time periods and under certain conditions, file an 
     affidavit setting forth the relevant goods or services 
     covered an any explanation as to why their nonuse in commerce 
     is related to ``special circumstances,'' along with a filing 
     fee.
       The right to an extension of protection may be assigned to 
     a third party so long as the individual is a national of, or 
     is domiciled in, or has a ``bona fide'' business located in a 
     country that is a member of the Protocol; or has such a 
     business in a country that is a member of an 
     intergovernmental organization (like the E.U.) belonging to 
     the Protocol.
       An extension of protection conveys the same rights as an 
     existing registration for the same mark if the extension and 
     existing registration are owned by the same person, and 
     extension of protection and the existing registration cover 
     the same goods or services, and the certificate of extension 
     is issued after the date of the existing registration.
     Section 3. Effective Date
       This section states that the effective date of the act 
     shall commence on the date on which the Madrid Protocol takes 
     effect in the United States.
                                 ______
                                 
      By Mr. INOUYE:
  S. 672. A bill to amend title XIX of the Social Security Act to 
extend the higher Federal medical assistance percentage for payment for 
Indian Health service facilities to urban Indian health programs under 
the Medicaid Program; to the Committee on Finance.


  LEGISLATION TO EXTEND THE FEDERAL MEDICAL ASSISTANCE PERCENTAGE TO 
                      URBAN INDIAN HEALTH PROGRAMS

 Mr. INOUYE. Mr. President, I rise today to introduce 
legislation that would correct an inequity in the current reimbursement 
rates for health care services provided to low-income Medicaid-eligible 
American Indians and Alaska Natives through the Indian Health Service 
(IHS) urban Indian health care programs.
  Mr. President, currently, a 100 percent Federal medical assistance 
percentage (FMAP) applies for the cost of services provided to Medicaid 
beneficiaries by a hospital, a clinic, or other IHS facility, under the 
condition that the facilities are operated by the IHS, a tribe, or 
tribal organization. IHS facilities which are predominately located in 
rural areas are eligible to receive the 100 percent FMAP, while similar 
services provided through IHS programs located in urban areas receive 
only 50-80 percent reimbursement depending on the type of service 
provided.
  This legislation would address this inequity by extending the Federal 
medical assistance percentage to payments for IHS facilities to urban 
Indian health care programs under the Medicaid program, and informal 
estimates indicate that equalizing the FMAP for IHS programs would cost 
$17 million over the next 5 years.
  With few employment opportunities in tribal reservation communities, 
most Indians are literally forced to relocate and seek employment in 
cities, and as a result, roughly half of the total American Indian/
Alaska Native population is now residing in urban areas. With that in 
mind, equalizing the Federal medical assistance percentage for health 
care provided to Medicaid-eligible Indians through the IHS urban Indian 
health care programs is essential.
  Mr. President, I urge my colleagues to support this 
legislation.
                                 ______
                                 
      By Mr. LEAHY (for himself and Ms. Snowe):
  S. 673. A bill to amend the Clean Air Act to establish requirements 
concerning the operation of fossil fuel-fired electric utility steam 
generating units, commercial and industrial boiler units, solid waste 
incineration units, medical waste incinerators, hazardous waste 
combustors, chlor-alkali plants, and Portland cement plants to reduce 
emissions of mercury to the environment, and for other purposes; to the 
Committee on Environment and Public Works.


          The Omnibus Mercury Emissions Reduction Act of 1999

  Mr. LEAHY. Mr. President, today I am introducing the ``Omnibus 
Mercury Emissions Reduction Act of 1999,'' a bill that I originally 
introduced during the 105th Congress. I am pleased that Senator Snowe 
has agreed to co-sponsor the bill.
  As United States Senators, we all have a responsibility as stewards 
for the nation and society we will be entrusting to our children and 
grandchildren. I became a grandfather for the first time a little over 
a year ago, and this duty has never been more real for me. The 
``Omnibus Mercury Emissions Reduction Act of 1999'' is a comprehensive 
plan to eliminate mercury--one of the last remaining poisons without a 
specific control strategy--from our air, our waters and our forests. By 
eliminating mercury pollution from our natural resources, we will 
protect our nation's most important resource: the young Americans of 
today and tomorrow.
  As we learned from the campaign to eliminate lead, our children are 
at the greatest risk from these poisons. How many future scientists, 
doctors, poets,

[[Page 5077]]

and inspiring teachers have we lost in the last generation because of 
the toxics they have been exposed to in the womb or in early childhood? 
Just as with lead, we know that mercury has much graver effects on 
children at very low levels than it does on adults. The level of lead 
pollution we and our children breathe today is one-tenth what it was a 
decade ago. That figure by itself is a tribute to the success of the 
original Clean Air Act. We should strive to achieve no less with 
mercury.
  Mercury is toxic in every known form and has utterly no nutritional 
value. At high enough levels it poisons its victims in terribly tragic 
ways. In Japan, victims of mercury poisoning came to be known as 
suffering from Minimata Disease, which took its name from the small 
Minimata Bay in which they caught fish for their food.
  For years, the Chisso Company, a chlor-alkali facility that 
manufactured chlorine, discharged mercury contaminated pollution in the 
bay, which was consumed by fish and then by people. Their disease was 
terribly painful, causing tremors and paralysis, and sometimes leading 
to death. Thankfully, wholesale discharges of mercury like those in 
Minimata Bay have been eliminated. But a torrent of air pollution still 
needlessly dumps this heavy metal into the air of North America, 
poisoning lakes and streams, forests and fields and--most importantly--
our children. Mercury control needs to be a priority now because of the 
neurological damage it causes.
  This is not to say that men, women and children are doubled over in 
agony as they were three decades ago in Japan. Mercury pollution today 
is more subtle, but it is no less insidious. Wildlife are also being 
harmed. Endangered Florida panthers have been fatally poisoned by 
mercury. Loons are endangered as well. In Lake Champlain we have fish 
advisories for walleye, trout and bass even though we have relatively 
few mercury emissions within our own state borders. There are now 40 
states that have issued fishing advisories for mercury; Vermont's and 
those of 10 other states cover all of the water bodies in these states. 
Nearly 1,800 water bodies nationwide have mercury fishing advisories 
posted. The number of water bodies with mercury advisories has doubled 
since 1993.
  My fellow Vermonters are exposed to mercury and other pollutants that 
blow across Lake Champlain and the Green Mountains every day from other 
regions of the country. The waste incinerators and coal-fired power 
plants are not accountable to the people of Vermont, and therefore a 
federal role is needed to control the pollution.
  That is part of the reason voters send us here. They expect Members 
of the Congress to determine what is necessary to protect the public 
health and the environment nationally, then to take the appropriate 
action. And in many cases, perhaps most, we have done that. But not 
when it comes to mercury.
  Mr. President, what I propose is that we put a stop to this poisoning 
of America. It is unnecessary, and it is wrong. Mercury can be removed 
from manufactured products, and much of that has been done. Mercury can 
be removed from coal-fired powerplants, and now that should be done. 
With states deregulating their utility industries, this is the right 
moment and the best opportunity we will have for a generation to make 
sure powerplants begin to internalize the costs of their pollution. We 
cannot afford to give them a free ride into the next century at the 
expense of our children's health.
  So, too, should mercury be purged from other known sources such as 
chlor-alkali plants, medical waste incinerators, municipal combustion 
facilities, large industrial boilers, landfills, and lighting fixtures.
  My bill directs EPA to set mercury emission standards for the largest 
sources of mercury emissions. The bill requires reducing emissions by 
95 percent, but it also lets companies choose the best approach to meet 
the standard at their facility whether through the use of better 
technology, cleaner fuels, process changes, or product switching.
  The bill also gives people the right-to-know about mercury emissions 
from the largest sources. That should be the public's right. To 
facilitate the public's right-to-know and getting mercury containing 
items out of the waste streams that feed municipal combustion 
facilities, it also requires labeling of mercury containing items such 
as fluorescent light bulbs, batteries, pharmaceuticals. The bill also 
begins a phaseout of mercury from products, with exceptions possible 
for demonstrated essential uses.
  We will hear a lot of rhetoric about how much implementing mercury 
reduction steps will cost. In advance of those complaints I want to 
make two points. First, when we were debating controls for acid rain we 
heard a lot about the enormous cost of eliminating sulphur dioxide. But 
what we learned from the acid rain program is that when you give 
industry a financial incentive to clean up its act, they will find the 
cheapest way. More often than not, assertions about the cost of 
controlling pollution grossly overestimate and distort reality. If you 
look at electricity prices of major utilities since the acid rain 
program was implemented, their rates have remained below the national 
average and some have actually decreased--even without adjusting for 
inflation. The mercury controls on coal-fired power plants contained in 
my bill may add a little over $2 dollars per month to the electric bill 
of the average residential consumer who receives power from a coal-
fired plant. So, for the monthly cost of a slice of pizza or a 
hamburger and fries we can rein in the more than 50 tons of mercury 
that are being pumped into our air from power plants.
  Secondly, and most importantly, the bottom line here should not be 
the cost of controlling mercury emissions, but the cost of not 
controlling mercury. While we may not be able to calculate how many 
Einstein's we have lost, if we lose one the price has been too high.
  Let us make controlling mercury pollution one of our first 
environmental legacies of the 21st Century.
  Mr. President, I ask unanimous consent that the text of the bill and 
an overview of the legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 673

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Omnibus 
     Mercury Emissions Reduction Act of 1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Mercury emission standards for fossil fuel-fired electric 
              utility steam generating units.
Sec. 4. Mercury emission standards for coal- and oil-fired commercial 
              and industrial boiler units.
Sec. 5. Reduction of mercury emissions from solid waste incineration 
              units.
Sec. 6. Mercury emission standards for chlor-alkali plants.
Sec. 7. Mercury emission standards for Portland cement plants.
Sec. 8. Report on implementation of mercury emission standards for 
              medical waste incinerators.
Sec. 9. Report on implementation of mercury emission standards for 
              hazardous waste combustors.
Sec. 10. Report on use of mercury and mercury compounds by Department 
              of Defense.
Sec. 11. International activities.
Sec. 12. Mercury research.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) on the basis of available scientific and medical 
     evidence, exposure to mercury and mercury compounds 
     (collectively referred to in this Act as ``mercury'') is of 
     concern to human health and the environment;
       (2) pregnant women and their fetuses, women of childbearing 
     age, children, and individuals who subsist primarily on fish, 
     are most at risk for mercury-related health impacts such as 
     neurotoxicity;
       (3) although exposure to mercury occurs most frequently 
     through consumption of mercury-contaminated fish, such 
     exposure can also occur through--
       (A) ingestion of drinking water, and food sources other 
     than fish, that are contaminated with methyl mercury;
       (B) dermal uptake through soil and water; and
       (C) inhalation of contaminated air;
       (4) on the basis of the report entitled ``Mercury Study 
     Report to Congress'' and submitted by the Environmental 
     Protection

[[Page 5078]]

     Agency under section 112(n)(1)(B) of the Clean Air Act (42 
     U.S.C. 7412(n)(1)(B)), the major sources of mercury emissions 
     in the United States are, in descending order of volume of 
     emissions--
       (A) fossil fuel-fired electric utility steam generating 
     units;
       (B) solid waste incineration units;
       (C) coal- and oil-fired commercial and industrial boiler 
     units;
       (D) medical waste incinerators;
       (E) hazardous waste combustors;
       (F) chlor-alkali plants; and
       (G) Portland cement plants;
       (5)(A) the Environmental Protection Agency report described 
     in paragraph (4), in conjunction with available scientific 
     knowledge, supports a plausible link between mercury 
     emissions from anthropogenic combustion and industrial 
     sources and mercury concentrations in air, soil, water, and 
     sediments;
       (B) the Environmental Protection Agency has concluded that 
     the geographical areas that have the highest annual rate of 
     deposition of mercury in all forms are--
       (i) the southern Great Lakes and Ohio River Valley;
       (ii) the Northeast and southern New England; and
       (iii) scattered areas in the South, with the most elevated 
     deposition occurring in the Miami and Tampa areas and 2 areas 
     in northeast Texas; and
       (C) analysis conducted before the date of the Environmental 
     Protection Agency report demonstrates that mercury is being 
     deposited into the waters of Canada;
       (6)(A) the Environmental Protection Agency report described 
     in paragraph (4) supports a plausible link between mercury 
     emissions from anthropogenic combustion and industrial 
     sources and concentrations of methyl mercury in freshwater 
     fish;
       (B) in 1997, 39 States issued health advisories that warned 
     the public about consuming mercury-tainted fish, as compared 
     to 27 States that issued such advisories in 1993;
       (C) the total number of mercury advisories increased from 
     899 in 1993 to 1,675 in 1996, an increase of 86 percent; and
       (D) the United States and Canada have agreed on a goal of 
     virtual elimination of mercury from the transboundary waters 
     of the 2 countries;
       (7) the presence of mercury in consumer products is of 
     concern in light of the health consequences associated with 
     exposure to mercury;
       (8) the presence of mercury in certain batteries and 
     fluorescent light bulbs is of special concern, particularly 
     in light of the substantial quantities of used batteries and 
     fluorescent light bulbs that are discarded annually in the 
     solid waste stream and the potential for environmental and 
     health consequences associated with land disposal, 
     composting, or incineration of the batteries and light bulbs; 
     and
       (9) a comprehensive study of the use of mercury by the 
     Department of Defense would significantly further the goal of 
     reducing mercury pollution.
       (b) Purposes.--The purposes of this Act are--
       (1) to greatly reduce the quantity of mercury entering the 
     environment by controlling air emissions of mercury from 
     fossil fuel-fired electric utility steam generating units, 
     coal- and oil-fired commercial and industrial boiler units, 
     solid waste incineration units, medical waste incinerators, 
     hazardous waste combustors, chlor-alkali plants, and Portland 
     cement plants;
       (2) to reduce the quantity of mercury entering solid waste 
     landfills, incinerators, and composting facilities by 
     promoting recycling or proper disposal of used batteries, 
     fluorescent light bulbs, and other products containing 
     mercury;
       (3) to increase the understanding of the volume and sources 
     of mercury emissions throughout North America;
       (4) to promote efficient and cost-effective methods of 
     controlling mercury emissions;
       (5) to promote permanent, safe, and stable disposal of 
     mercury recovered through coal cleaning, flue gas control 
     systems, and other methods of mercury pollution control;
       (6) to reduce the use of mercury in cases in which 
     technologically and economically feasible alternatives are 
     available;
       (7) to educate the public concerning the collection, 
     recycling, and proper disposal of mercury-containing 
     products;
       (8) to increase public knowledge of the sources of mercury 
     exposure and the threat to public health, particularly the 
     threat to the health of pregnant women and their fetuses, 
     women of childbearing age, children, and individuals who 
     subsist primarily on fish;
       (9) to significantly decrease the threat to human health 
     and the environment posed by mercury; and
       (10) to ensure that the health of sensitive populations, 
     whether in the United States, Canada, or Mexico, is 
     protected, with an adequate margin of safety, against adverse 
     health effects caused by mercury.

     SEC. 3. MERCURY EMISSION STANDARDS FOR FOSSIL FUEL-FIRED 
                   ELECTRIC UTILITY STEAM GENERATING UNITS.

       Section 112 of the Clean Air Act (42 U.S.C. 7412) is 
     amended--
       (1) by redesignating subsection (s) as subsection (x); and
       (2) by inserting after subsection (r) the following:
       ``(s) Mercury Emission Standards for Electric Utility Steam 
     Generating Units.--
       ``(1) In general.--
       ``(A) Regulations.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations to establish standards for the 
     emission of mercury and mercury compounds (collectively 
     referred to in this subsection as `mercury') applicable to 
     existing and new electric utility steam generating units.
       ``(B) Permit requirement.--Not later than 2 years after the 
     date of enactment of this subparagraph, each electric utility 
     steam generating unit shall have an enforceable permit issued 
     under title V that complies with this subsection.
       ``(C) Procedures and schedules for compliance with 
     standards.--Each electric utility steam generating unit shall 
     achieve compliance with the mercury emission standards 
     established under subparagraph (A) in accordance with the 
     procedures and schedules established under subsection (i).
       ``(2) Standards and methods.--
       ``(A) Minimum required emission reduction.--Subject to 
     subparagraph (C), the emission standards established under 
     paragraph (1)(A) shall require that each electric utility 
     steam generating unit reduce its annual poundage of mercury 
     emitted, as calculated under subparagraph (B), below its 
     mercury emission baseline, as calculated under paragraph 
     (3)(D), by not less than 95 percent.
       ``(B) Calculation of annual poundage of mercury emitted.--
       ``(i) In general.--For each electric utility steam 
     generating unit (referred to in this subparagraph as a 
     `unit') and each calendar year, the Administrator shall 
     calculate the poundage of mercury emitted per unit for the 
     calendar year, which shall be equal to the product obtained 
     by multiplying--

       ``(I) the fuel consumption determined under clause (ii) for 
     the unit for the calendar year; by
       ``(II) the average mercury content determined under clause 
     (iii) for the unit for the calendar year.

       ``(ii) Fuel consumption.--The fuel consumption for a unit 
     shall be equal to the annual average quantity of millions of 
     British thermal units (referred to in this subparagraph as 
     `mmBtu's') consumed by the unit during the calendar year, as 
     submitted to the Secretary of Energy on Department of Energy 
     Form 767.
       ``(iii) Average mercury content.--

       ``(I) Specific data.--The average mercury content per mmBtu 
     of fuel consumed by a unit shall be determined using the best 
     available data from the Department of the Interior and the 
     Department of Energy that characterize the average mercury 
     content of the fuel consumed by the unit during the calendar 
     year.
       ``(II) Estimated data.--If specific mercury content data 
     from the Department of the Interior and the Department of 
     Energy are not available, the average mercury content shall 
     be estimated using the average mercury content of fossil fuel 
     from mines or wells in the geographic region of each mine or 
     well that supplies the unit.

       ``(C) Emission trading within a generating station.--
       ``(i) In general.--For the purpose of this subsection, 
     taking into consideration the cost of achieving the emission 
     reduction, the Administrator may allow emission trading among 
     the electric utility steam generating units contained in a 
     power generating station at a single site if the aggregate 
     annual reduction from all such units at the power generating 
     station is not less than 95 percent.
       ``(ii) Underlying data.--In carrying out clause (i), the 
     Administrator shall use mercury emission data calculated 
     under paragraph (3)(D).
       ``(D) Control methods.--For the purpose of achieving 
     compliance with the emission standards established under 
     paragraph (1)(A), the Administrator shall authorize methods 
     of control of mercury emissions, including measures that--
       ``(i) reduce the volume of, or eliminate emissions of, 
     mercury through a process change, substitution of material or 
     fuel, or other method;
       ``(ii) enclose systems or processes to eliminate mercury 
     emissions;
       ``(iii) collect, capture, or treat mercury emissions when 
     released from a process, stack, storage, or fugitive emission 
     point;
       ``(iv) consist of design, equipment, work practice, or 
     operational standards (including requirements for operator 
     training or certification) in accordance with subsection (h); 
     or
       ``(v) consist of a combination of the measures described in 
     clauses (i) through (iv).
       ``(3) Permit requirements and conditions.--
       ``(A) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall include--
       ``(i) enforceable mercury emission standards;
       ``(ii) a schedule of compliance;
       ``(iii) a requirement that the permittee submit to the 
     permitting authority, not less often than every 90 days, the 
     results of any required monitoring; and

[[Page 5079]]

       ``(iv) such other conditions as the Administrator 
     determines are necessary to ensure compliance with this 
     subsection and each applicable implementation plan under 
     section 110.
       ``(B) Monitoring and analysis.--
       ``(i) Procedures and methods.--The regulations promulgated 
     by the Administrator under paragraph (1)(A) shall prescribe 
     procedures and methods for--

       ``(I) monitoring and analysis for mercury; and
       ``(II) determining compliance with this subsection.

       ``(ii) Information.--Application of the procedures and 
     methods shall result in reliable and timely information for 
     determining compliance.
       ``(iii) Other requirements.--

       ``(I) In general.--The requirements for monitoring and 
     analysis under this subparagraph shall include--

       ``(aa) such requirements that result in a representative 
     determination of mercury in ash and sludge; and
       ``(bb) such combination of requirements for continuous or 
     other reliable and representative emission monitoring methods 
     that results in a representative determination of mercury in 
     fuel as received by each electric utility steam generating 
     unit;

     as are requisite to provide accurate and reliable data for 
     determining baseline and controlled emissions of mercury from 
     each electric utility steam generating unit.
       ``(II) Minimum requirement.--If, under subclause (I)(bb), 
     the Administrator does not require an electric utility steam 
     generating unit to use direct emission monitoring methods, 
     the requirements under subclause (I)(bb) shall, at a minimum, 
     result in representative determinations of mercury in fuel as 
     received by the electric utility steam generating unit at 
     such frequencies as are sufficient to determine whether 
     compliance with this subsection is continuous.

       ``(iv) Effect on other law.--Nothing in this subsection 
     affects any continuous emission monitoring requirement of 
     title IV or any other provision of this Act.
       ``(C) Inspection, entry, monitoring, certification, and 
     reporting.--
       ``(i) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall specify inspection, entry, monitoring, 
     compliance certification, and reporting requirements to 
     ensure compliance with the permit terms and conditions.
       ``(ii) Conformity with other regulations.--The monitoring 
     and reporting requirements shall conform to each applicable 
     regulation under subparagraph (B).
       ``(iii) Signature.--Each report required under clause (i) 
     and subparagraph (B)(iii) shall be signed by a responsible 
     official of the electric utility steam generating unit, who 
     shall certify the accuracy of the report.
       ``(D) Mercury emission baseline.--
       ``(i) In general.--For each electric utility steam 
     generating unit (referred to in this subparagraph as a 
     `unit'), the Administrator shall calculate the baseline 
     annual average poundage of mercury emitted per unit, which 
     shall be equal to the product obtained by multiplying--

       ``(I) the baseline fuel consumption determined under clause 
     (ii) for the unit; by
       ``(II) the baseline average mercury content determined 
     under clause (iii) for the unit.

       ``(ii) Baseline fuel consumption.--

       ``(I) Units in commercial operation before january 1, 
     1996.--For each unit that began commercial operation before 
     January 1, 1996, the baseline fuel consumption shall be equal 
     to the annual average quantity of millions of British thermal 
     units (referred to in this subparagraph as `mmBtu's') 
     consumed by the unit during the period of calendar years 
     1996, 1997, and 1998, as submitted annually to the Secretary 
     of Energy on Department of Energy Form 767 (referred to in 
     this clause as `Form 767').
       ``(II) Units beginning commercial operation between january 
     1, 1996, and 180 days after enactment.--Subject to subclause 
     (III), for each unit that begins commercial operation between 
     January 1, 1996, and the date that is 180 days after the date 
     of enactment of this subparagraph, the baseline fuel 
     consumption shall be based on the annual average of the fuel 
     use data submitted on Form 767 for each full year of 
     commercial operation that begins on or after January 1, 1996.
       ``(III) Units in commercial operation less than 1 year as 
     of 180 days after enactment.--For each unit that has not been 
     in commercial operation for at least 1 year as of the date 
     that is 180 days after the date of enactment of this 
     subparagraph, the Administrator may determine an interim 
     baseline fuel consumption by--

       ``(aa) extrapolating from monthly fuel use data available 
     for the unit; or
       ``(bb) assigning a baseline fuel consumption based on the 
     annual average of the fuel use data submitted on Form 767 for 
     other units that are of similar design and capacity.

       ``(IV) Units beginning commercial operation more than 180 
     days after enactment.--For each unit that begins commercial 
     operation more than 180 days after the date of enactment of 
     this subparagraph, the application for a permit issued in 
     accordance with paragraph (1)(B) for the unit shall include 
     an initial baseline fuel consumption that is based on the 
     maximum design capacity for the unit.
       ``(V) Recalculation after extended period of commercial 
     operation.--At such time as a unit described in any of 
     subclauses (II) through (IV) has submitted fuel use data for 
     3 consecutive years of commercial operation on Form 767, the 
     Administrator shall recalculate the baseline fuel consumption 
     and make modifications, as necessary, to the mercury emission 
     limitations contained in the permit for the unit issued in 
     accordance with paragraph (1)(B).

       ``(iii) Baseline average mercury content.--

       ``(I) Units in commercial operation before january 1, 
     1996.--In the case of a unit described in clause (ii)(I), the 
     baseline average mercury content per mmBtu of fuel consumed 
     by a unit shall be determined using the best available data 
     from the Department of the Interior and the Department of 
     Energy that characterize the average mercury content of the 
     fuel consumed by the unit during the 3-year period described 
     in clause (ii)(I).
       ``(II) Units beginning commercial operation between january 
     1, 1996, and 180 days after enactment.--In the case of a unit 
     described in clause (ii)(II), the baseline average mercury 
     content per mmBtu of fuel consumed by a unit shall be 
     determined using the best available data from the Department 
     of the Interior and the Department of Energy that 
     characterize the average mercury content of the fuel consumed 
     by the unit during each full year of commercial operation 
     that begins on or after January 1, 1996.
       ``(III) Units in commercial operation less than 1 year as 
     of 180 days after enactment.--In the case of a unit described 
     in clause (ii)(III), the baseline average mercury content per 
     mmBtu of fuel consumed by a unit shall be determined using 
     the best available data from the Department of the Interior 
     and the Department of Energy that characterize the average 
     mercury content of the fuel consumed by the unit--

       ``(aa) during the months used for the extrapolation under 
     clause (ii)(III); or
       ``(bb) based on the average mercury content of fuel 
     consumed by other units that are of similar design and 
     capacity.

       ``(IV) Units beginning commercial operation more than 180 
     days after enactment.--In the case of a unit described in 
     clause (ii)(IV), the baseline average mercury content per 
     mmBtu of fuel consumed by a unit shall be determined using 
     the best available data from the Department of the Interior 
     and the Department of Energy, or data submitted by the unit 
     under subparagraph (B)(iii), that characterize the average 
     mercury content of the fuel consumed by the unit based on the 
     maximum design capacity for the unit.
       ``(V) Estimated data.--If mercury content data described in 
     clauses (I) through (IV) are not available, the baseline 
     average mercury content shall be estimated using the average 
     mercury content of fossil fuel from mines or wells in the 
     geographic region of each mine or well that supplies the 
     unit.

       ``(4) Disposal of mercury captured through emission 
     controls.--
       ``(A) In general.--
       ``(i) Captured or recovered mercury.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury that is captured or recovered through the 
     use of an emission control, coal cleaning, or another method 
     is disposed of in a manner that ensures that--

       ``(I) the hazards from mercury are not transferred from 1 
     environmental medium to another; and
       ``(II) there is no release of mercury into the environment 
     (as the terms `release' and `environment' are defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).

       ``(ii) Mercury-containing sludges and wastes.--The 
     regulations promulgated by the Administrator under paragraph 
     (1)(A) shall ensure that mercury-containing sludges and 
     wastes are handled and disposed of in accordance with all 
     applicable Federal and State laws (including regulations).
       ``(B) Research program.--To promote permanent and cost-
     effective disposal of mercury from electric utility steam 
     generating units, the Administrator shall establish a program 
     of long-term research to develop and disseminate information 
     on methods and techniques such as separating, solidifying, 
     recycling, and encapsulating mercury-containing waste so that 
     mercury does not volatilize, migrate to ground water or 
     surface water, or contaminate the soil.
       ``(5) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or replace any requirement of a more stringent 
     emission limitation or other applicable requirement 
     established under this Act or a standard issued under State 
     law.
       ``(6) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(A) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each electric utility steam 
     generating unit.

[[Page 5080]]

       ``(B) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     paragraph (3)(C).''.

     SEC. 4. MERCURY EMISSION STANDARDS FOR COAL- AND OIL-FIRED 
                   COMMERCIAL AND INDUSTRIAL BOILER UNITS.

       Section 112 of the Clean Air Act (as amended by section 3) 
     is amended by inserting after subsection (s) the following:
       ``(t) Mercury Emission Standards for Coal- and Oil-Fired 
     Commercial and Industrial Boiler Units.--
       ``(1) In general.--
       ``(A) Regulations.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations to establish standards for the 
     emission of mercury and mercury compounds (collectively 
     referred to in this subsection as `mercury') applicable to 
     existing and new coal- and oil-fired commercial and 
     industrial boiler units that have a maximum design heat input 
     capacity of 10 mmBtu per hour or greater.
       ``(B) Permit requirement.--Not later than 2 years after the 
     date of enactment of this subparagraph, each coal- or oil-
     fired commercial or industrial boiler unit shall have an 
     enforceable permit issued under title V that complies with 
     this subsection.
       ``(C) Procedures and schedules for compliance with 
     standards.--Each coal- or oil-fired commercial or industrial 
     boiler unit shall achieve compliance with the mercury 
     emission standards established under subparagraph (A) in 
     accordance with the procedures and schedules established 
     under subsection (i).
       ``(2) Standards and methods.--
       ``(A) Minimum required emission reduction.--Subject to 
     subparagraph (C), the emission standards established under 
     paragraph (1)(A) shall require that each coal- or oil-fired 
     commercial or industrial boiler unit reduce its annual 
     poundage of mercury emitted, as calculated under subparagraph 
     (B), below its mercury emission baseline, as calculated under 
     paragraph (3)(D), by not less than 95 percent.
       ``(B) Calculation of annual poundage of mercury emitted.--
       ``(i) In general.--For each coal- or oil-fired commercial 
     or industrial boiler unit (referred to in this subparagraph 
     as a `unit') and each calendar year, the Administrator shall 
     calculate the poundage of mercury emitted per unit for the 
     calendar year, which shall be equal to the product obtained 
     by multiplying--

       ``(I) the fuel consumption determined under clause (ii) for 
     the unit for the calendar year; by
       ``(II) the average mercury content determined under clause 
     (iii) for the unit for the calendar year.

       ``(ii) Fuel consumption.--The fuel consumption for a unit 
     shall be equal to the annual average quantity of millions of 
     British thermal units (referred to in this subparagraph as 
     `mmBtu's') consumed by the unit during the calendar year, as 
     submitted to the Secretary of Energy on Department of Energy 
     Forms EIA-3 and EIA-846 (A,B,C).
       ``(iii) Average mercury content.--

       ``(I) Specific data.--The average mercury content per mmBtu 
     of fuel consumed by a unit shall be determined using the best 
     available data from the Department of the Interior and the 
     Department of Energy (as submitted to the Secretary of Energy 
     on Department of Energy Form EIA-3A) that characterize the 
     average mercury content of the fuel consumed by the unit 
     during the calendar year.
       ``(II) Estimated data.--If specific mercury content data 
     from the Department of the Interior and the Department of 
     Energy are not available, the average mercury content shall 
     be estimated using the average mercury content of coal mined 
     or oil produced in the geographic region of each mine or well 
     that supplies the unit.

       ``(C) Emission trading within a facility.--
       ``(i) In general.--For the purpose of this subsection, 
     taking into consideration the cost of achieving the emission 
     reduction, the Administrator may allow emission trading among 
     the coal- and oil-fired commercial and industrial boiler 
     units contained in a facility at a single site if the 
     aggregate annual reduction from all such units at the 
     facility is not less than 95 percent.
       ``(ii) Underlying data.--In carrying out clause (i), the 
     Administrator shall use mercury emission data calculated 
     under paragraph (3)(D).
       ``(D) Control methods.--For the purpose of achieving 
     compliance with the emission standards established under 
     paragraph (1)(A), the Administrator shall authorize methods 
     of control of mercury emissions, including measures that--
       ``(i) reduce the volume of, or eliminate emissions of, 
     mercury through a process change, substitution of material or 
     fuel, or other method;
       ``(ii) enclose systems or processes to eliminate mercury 
     emissions;
       ``(iii) collect, capture, or treat mercury emissions when 
     released from a process, stack, storage, or fugitive emission 
     point;
       ``(iv) consist of design, equipment, work practice, or 
     operational standards (including requirements for operator 
     training or certification) in accordance with subsection (h); 
     or
       ``(v) consist of a combination of the measures described in 
     clauses (i) through (iv).
       ``(3) Permit requirements and conditions.--
       ``(A) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall include--
       ``(i) enforceable mercury emission standards;
       ``(ii) a schedule of compliance;
       ``(iii) a requirement that the permittee submit to the 
     permitting authority, not less often than every 90 days, the 
     results of any required monitoring; and
       ``(iv) such other conditions as the Administrator 
     determines are necessary to ensure compliance with this 
     subsection and each applicable implementation plan under 
     section 110.
       ``(B) Monitoring and analysis.--
       ``(i) Procedures and methods.--The regulations promulgated 
     by the Administrator under paragraph (1)(A) shall prescribe 
     procedures and methods for--

       ``(I) monitoring and analysis for mercury; and
       ``(II) determining compliance with this subsection.

       ``(ii) Information.--Application of the procedures and 
     methods shall result in reliable and timely information for 
     determining compliance.
       ``(iii) Other requirements.--

       ``(I) In general.--The requirements for monitoring and 
     analysis under this subparagraph shall include--

       ``(aa) such requirements that result in a representative 
     determination of mercury in ash and sludge; and
       ``(bb) such combination of requirements for continuous or 
     other reliable and representative emission monitoring methods 
     that results in a representative determination of mercury in 
     fuel as received by each coal- or oil-fired commercial or 
     industrial boiler unit;

     as are requisite to provide accurate and reliable data for 
     determining baseline and controlled emissions of mercury from 
     each coal- or oil-fired commercial or industrial boiler unit.
       ``(II) Minimum requirement.--If, under subclause (I)(bb), 
     the Administrator does not require a coal- or oil-fired 
     commercial or industrial boiler unit to use direct emission 
     monitoring methods, the requirements under subclause (I)(bb) 
     shall, at a minimum, result in representative determinations 
     of mercury in fuel as received by the boiler unit at such 
     frequencies as are sufficient to determine whether compliance 
     with this subsection is continuous.

       ``(iv) Effect on other law.--Nothing in this subsection 
     affects any continuous emission monitoring requirement of 
     title IV or any other provision of this Act.
       ``(C) Inspection, entry, monitoring, certification, and 
     reporting.--
       ``(i) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall specify inspection, entry, monitoring, 
     compliance certification, and reporting requirements to 
     ensure compliance with the permit terms and conditions.
       ``(ii) Conformity with other regulations.--The monitoring 
     and reporting requirements shall conform to each applicable 
     regulation under subparagraph (B).
       ``(iii) Signature.--Each report required under clause (i) 
     and subparagraph (B)(iii) shall be signed by a responsible 
     official of the coal- or oil-fired commercial or industrial 
     boiler unit, who shall certify the accuracy of the report.
       ``(D) Mercury emission baseline.--
       ``(i) In general.--For each coal- or oil-fired commercial 
     or industrial boiler unit (referred to in this subparagraph 
     as a `unit'), the Administrator shall calculate the baseline 
     annual average poundage of mercury emitted per unit, which 
     shall be equal to the product obtained by multiplying--

       ``(I) the baseline fuel consumption determined under clause 
     (ii) for the unit; by
       ``(II) the baseline average mercury content determined 
     under clause (iii) for the unit.

       ``(ii) Baseline fuel consumption.--

       ``(I) Units in commercial operation before january 1, 
     1996.--For each unit that began commercial operation before 
     January 1, 1996, the baseline fuel consumption shall be equal 
     to the annual average quantity of millions of British thermal 
     units (referred to in this subparagraph as `mmBtu's') 
     consumed by the unit during the period of calendar years 
     1996, 1997, and 1998, as submitted annually to the Secretary 
     of Energy on Department of Energy Forms EIA-3 and EIA-846 
     (A,B,C) (referred to in this clause as the `Forms').
       ``(II) Units beginning commercial operation between january 
     1, 1996, and 180 days after enactment.--Subject to subclause 
     (III), for each unit that begins commercial operation between 
     January 1, 1996, and the date that is 180 days after the date 
     of enactment of this subparagraph, the baseline fuel 
     consumption shall be based on the annual average of the fuel 
     use data submitted on the Forms for each full year of 
     commercial operation that begins on or after January 1, 1996.
       ``(III) Units in commercial operation less than 1 year as 
     of 180 days after enactment.--For each unit that has not been 
     in commercial operation for at least 1 year as of the date 
     that is 180 days after the date of

[[Page 5081]]

     enactment of this subparagraph, the Administrator may 
     determine an interim baseline fuel consumption by--

       ``(aa) extrapolating from monthly fuel use data available 
     for the unit; or
       ``(bb) assigning a baseline fuel consumption based on the 
     annual average of the fuel use data submitted on the Forms 
     for other units that are of similar design and capacity.

       ``(IV) Units beginning commercial operation more than 180 
     days after enactment.--For each unit that begins commercial 
     operation more than 180 days after the date of enactment of 
     this subparagraph, the application for a permit issued in 
     accordance with paragraph (1)(B) for the unit shall include 
     an initial baseline fuel consumption that is based on the 
     maximum design capacity for the unit.
       ``(V) Recalculation after extended period of commercial 
     operation.--At such time as a unit described in any of 
     subclauses (II) through (IV) has submitted fuel use data for 
     3 consecutive years of commercial operation on the Forms, the 
     Administrator shall recalculate the baseline fuel consumption 
     and make modifications, as necessary, to the mercury emission 
     limitations contained in the permit for the unit issued in 
     accordance with paragraph (1)(B).

       ``(iii) Baseline average mercury content.--

       ``(I) Units in commercial operation before january 1, 
     1996.--In the case of a unit described in clause (ii)(I), the 
     baseline average mercury content per mmBtu of fuel consumed 
     by a unit shall be determined using the best available data 
     from the Department of the Interior and the Department of 
     Energy (as submitted to the Secretary of Energy on Department 
     of Energy Form EIA-3A) that characterize the average mercury 
     content of the fuel consumed by the unit during the 3-year 
     period described in clause (ii)(I).
       ``(II) Units beginning commercial operation between january 
     1, 1996, and 180 days after enactment.--In the case of a unit 
     described in clause (ii)(II), the baseline average mercury 
     content per mmBtu of fuel consumed by a unit shall be 
     determined using the best available data from the Department 
     of the Interior and the Department of Energy (as submitted to 
     the Secretary of Energy on Department of Energy Form EIA-3A) 
     that characterize the average mercury content of the fuel 
     consumed by the unit during each full year of commercial 
     operation that begins on or after January 1, 1996.
       ``(III) Units in commercial operation less than 1 year as 
     of 180 days after enactment.--In the case of a unit described 
     in clause (ii)(III), the baseline average mercury content per 
     mmBtu of fuel consumed by a unit shall be determined using 
     the best available data from the Department of the Interior 
     and the Department of Energy (as submitted to the Secretary 
     of Energy on Department of Energy Form EIA-3A) that 
     characterize the average mercury content of the fuel consumed 
     by the unit--

       ``(aa) during the months used for the extrapolation under 
     clause (ii)(III); or
       ``(bb) based on the average mercury content of fuel 
     consumed by other units that are of similar design and 
     capacity.

       ``(IV) Units beginning commercial operation more than 180 
     days after enactment.--In the case of a unit described in 
     clause (ii)(IV), the baseline average mercury content per 
     mmBtu of fuel consumed by a unit shall be determined using 
     the best available data from the Department of the Interior 
     and the Department of Energy (as submitted to the Secretary 
     of Energy on Department of Energy Form EIA-3A), or data 
     submitted by the unit under subparagraph (B)(iii), that 
     characterize the average mercury content of the fuel consumed 
     by the unit based on the maximum design capacity for the 
     unit.
       ``(V) Estimated data.--If mercury content data described in 
     clauses (I) through (IV) are not available, the baseline 
     average mercury content shall be estimated using the average 
     mercury content of coal mined or oil produced in the 
     geographic region of each mine or well that supplies the 
     unit.

       ``(4) Disposal of mercury captured through emission 
     controls.--
       ``(A) In general.--
       ``(i) Captured or recovered mercury.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury that is captured or recovered through the 
     use of an emission control, coal cleaning, or another method 
     is disposed of in a manner that ensures that--

       ``(I) the hazards from mercury are not transferred from 1 
     environmental medium to another; and
       ``(II) there is no release of mercury into the environment 
     (as the terms `release' and `environment' are defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).

       ``(ii) Mercury-containing sludges and wastes.--The 
     regulations promulgated by the Administrator under paragraph 
     (1)(A) shall ensure that mercury-containing sludges and 
     wastes are handled and disposed of in accordance with all 
     applicable Federal and State laws (including regulations).
       ``(B) Research program.--To promote permanent and cost-
     effective disposal of mercury from coal- and oil-fired 
     commercial and industrial boiler units, the Administrator 
     shall establish a program of long-term research to develop 
     and disseminate information on methods and techniques such as 
     separating, solidifying, recycling, and encapsulating 
     mercury-containing waste so that mercury does not volatilize, 
     migrate to ground water or surface water, or contaminate the 
     soil.
       ``(5) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or replace any requirement of a more stringent 
     emission limitation or other applicable requirement 
     established under this Act or a standard issued under State 
     law.
       ``(6) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(A) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each coal- or oil-fired commercial 
     or industrial boiler unit.
       ``(B) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     paragraph (3)(C).''.

     SEC. 5. REDUCTION OF MERCURY EMISSIONS FROM SOLID WASTE 
                   INCINERATION UNITS.

       (a) Separation of Mercury-Containing Items.--Section 3002 
     of the Solid Waste Disposal Act (42 U.S.C. 6922) is amended 
     by adding at the end the following:
       ``(c) Separation of Mercury-Containing Items.--
       ``(1) Publication of list.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Administrator shall 
     publish a list of mercury-containing items that shall be 
     required to be separated and removed from the waste streams 
     that feed solid waste management facilities.
       ``(B) Required items.--The list shall include mercury-
     containing items such as fluorescent light bulbs, batteries, 
     pharmaceuticals, laboratory chemicals and reagents, 
     electrical devices such as thermostats, relays, and switches, 
     and medical and scientific instruments.
       ``(C) Labeling requirement.--
       ``(i) In general.--Except as provided in clause (ii), to 
     facilitate the process of separating and removing items 
     listed under subparagraph (A), each manufacturer of a listed 
     item shall ensure that each item is clearly labeled to 
     indicate that the product contains mercury.
       ``(ii) Button cell batteries.--In the case of button cell 
     batteries for which, due to size constraints, labeling 
     described in clause (i) is not practicable, the packaging 
     shall indicate that the product contains mercury.
       ``(2) Plan.--
       ``(A) Requirement.--Not later than 1 year after the date of 
     enactment of this subsection, each person that transfers, 
     directly or through a contractor, solid waste that may 
     contain a mercury-containing item listed under paragraph (1) 
     to a solid waste management facility shall submit for review 
     and approval by the Administrator (or, in the case of a solid 
     waste management facility located in a State that has a State 
     hazardous waste program authorized under section 3006, the 
     State) a plan for--
       ``(i) separating and removing mercury-containing items 
     listed by the Administrator under paragraph (1) from the 
     waste streams that feed any solid waste management facility;
       ``(ii) subject to the other requirements of this subtitle, 
     transferring the separated waste to a recycling facility or a 
     treatment, storage, or disposal facility that holds a permit 
     under this subtitle;
       ``(iii) monitoring and reporting on compliance with the 
     plan; and
       ``(iv) achieving full compliance with the plan not later 
     than 18 months after the date of approval of the plan in 
     accordance with subparagraph (B).
       ``(B) Plan approval.--
       ``(i) Deadline.--The Administrator (or the State) shall 
     determine whether to approve or disapprove a plan submitted 
     under subparagraph (A) not later than 180 days after the date 
     of receipt of the plan.
       ``(ii) Preference.--In determining whether to approve a 
     plan, the Administrator (or the State) shall give preference 
     to recycling or stabilization of mercury-containing items 
     over disposal of the items.
       ``(C) Amended plan.--
       ``(i) Submission.--If the Administrator (or the State) 
     disapproves a plan, the person may submit an amended plan not 
     later than 90 days after the date of disapproval.
       ``(ii) Approval.--The Administrator (or the State) shall 
     approve or disapprove the amended plan not later than 30 days 
     after the date of receipt of the plan.
       ``(D) Plan by administrator (or state).--
       ``(i) In general.--If an amended plan is not submitted to 
     the Administrator (or the State) within 90 days after the 
     date of disapproval, or if an amended plan has been submitted 
     and subsequently disapproved, the Administrator (or the 
     State) shall issue a determination that it is necessary for 
     the Administrator (or the State) to promulgate a plan for the 
     person.

[[Page 5082]]

       ``(ii) Plan.--Not later than 180 days after issuing the 
     determination, the Administrator (or the State) shall 
     develop, publish in the Federal Register (or submit to the 
     Administrator for publication in the Federal Register), 
     implement, and enforce a plan that meets the criteria 
     specified in subparagraph (A) and ensures that full 
     compliance with the plan will be achieved not later than 18 
     months after the date of publication of the plan.
       ``(E) Enforceability.--Upon approval by the Administrator 
     (or the State) of a plan submitted under subparagraph (A), or 
     upon publication of a plan developed by the Administrator (or 
     the State) under subparagraph (D), the plan shall be 
     enforceable under this Act.''.
       (b) Solid Waste Incineration Unit Mercury Emission 
     Monitoring and Analysis.--Section 129(e) of the Clean Air Act 
     (42 U.S.C. 7429(e)) is amended--
       (1) by striking ``Beginning (1) 36'' and inserting the 
     following:
       ``(1) In general.--Beginning (A) 36'';
       (2) in the first sentence, by redesignating paragraph (2) 
     as subparagraph (B); and
       (3) by adding at the end the following:
       ``(2) Solid waste incineration unit mercury emission 
     monitoring and analysis.--
       ``(A) Procedures and methods.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations prescribing procedures and methods 
     for--

       ``(I) monitoring and analysis for mercury emissions from 
     solid waste combustion flue gases; and
       ``(II) determining compliance with this paragraph.

       ``(ii) Information.--Application of the procedures and 
     methods shall result in reliable and timely information for 
     determining compliance.
       ``(B) Permit requirements.--
       ``(i) In general.--Each permit described in paragraph (1) 
     shall specify inspection, entry, monitoring, compliance 
     certification, and reporting requirements with respect to 
     mercury to ensure compliance with the permit terms and 
     conditions, including a requirement that the permittee submit 
     to the permitting authority, not less often than every 90 
     days, the results of any required monitoring.
       ``(ii) Signature.--Each report required under clause (i) 
     shall be signed by a responsible official of the solid waste 
     incineration unit or by a municipal official, who shall 
     certify the accuracy of the report.
       ``(C) Establishment of maximum mercury emission rate.--
       ``(i) Determination by the administrator.--Based on the 
     reports required to be submitted under subparagraph (B)(i) 36 
     months, 39 months, and 42 months after the date of enactment 
     of this subparagraph, the Administrator (or the State) shall 
     make a determination as to whether the solid waste 
     incinerator unit has achieved and is continuously maintaining 
     a mercury emission rate of not more than 0.080 milligrams per 
     dry standard cubic meter.
       ``(ii) Requirement of installation of controls.--If the 
     mercury emission rate specified in clause (i) is not achieved 
     and maintained over the period covered by the reports 
     referred to in clause (i), or over any 2 out of 3 reporting 
     periods thereafter, the Administrator shall require that the 
     solid waste incineration unit install control equipment and 
     techniques that will, within 3 years, result in a mercury 
     emission rate by the unit of not more than 0.060 milligrams 
     per dry standard cubic meter.
       ``(iii) Enforceability.--The requirements of this 
     subparagraph shall be an enforceable modification to any 
     existing or new permit described in paragraph (1) for the 
     solid waste incineration unit.
       ``(D) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or replace any requirement of a more stringent 
     emission limitation or other applicable requirement 
     established under this Act or a standard issued under State 
     law.
       ``(E) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(i) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each solid waste incineration unit.
       ``(ii) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     subparagraph (B).''.
       (c) Phaseout of Mercury in Products.--Section 112 of the 
     Clean Air Act (as amended by section 4) is amended by 
     inserting after subsection (t) the following:
       ``(u) Phaseout of Mercury in Products.--
       ``(1) Definition of manufacturer.--In this subsection, the 
     term `manufacturer' includes an importer for resale.
       ``(2) Prohibition on sale.--Beginning 3 years after the 
     date of enactment of this paragraph, a manufacturer shall not 
     sell any mercury-containing product, whether manufactured 
     domestically, imported, or manufactured for export, unless 
     the manufacturer has applied for and has been granted by the 
     Administrator an exemption from the prohibition on sale 
     specified in this paragraph.
       ``(3) Procedures for making exemption application 
     determinations.--Before making a determination on an 
     application, the Administrator shall--
       ``(A) publish notice of the application in the Federal 
     Register;
       ``(B) provide a public comment period of 60 days; and
       ``(C) conduct a hearing on the record.
       ``(4) Criteria for exemption.--In making a determination on 
     an application, the Administrator may grant an exemption from 
     the prohibition on sale only if--
       ``(A) the Administrator determines that the mercury-
     containing product is a product the use of which is 
     essential;
       ``(B) the Administrator determines that there is no 
     comparable product that does not contain mercury and that is 
     available in the marketplace at a reasonable cost; and
       ``(C) through documentation submitted by the manufacturer, 
     the Administrator determines that the manufacturer has 
     established a program to take back, after use by the 
     consumer, all mercury-containing products subject to the 
     exemption that are manufactured after the date of approval of 
     the application.
       ``(5) Term of exemption.--
       ``(A) In general.--An exemption may be granted for a period 
     of not more than 3 years.
       ``(B) Renewals.--Renewal of an exemption shall be carried 
     out in accordance with paragraphs (3) and (4).
       ``(6) Publications in the federal register.--The 
     Administrator shall publish in the Federal Register--
       ``(A) a description of each exemption application approval 
     or denial; and
       ``(B) on an annual basis, a list of products for which 
     exemptions have been granted under this subsection.''.

     SEC. 6. MERCURY EMISSION STANDARDS FOR CHLOR-ALKALI PLANTS.

       Section 112 of the Clean Air Act (as amended by section 
     5(c)) is amended by inserting after subsection (u) the 
     following:
       ``(v) Mercury Emission Standards for Chlor-Alkali Plants.--
       ``(1) In general.--
       ``(A) Regulations.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations to establish standards for the direct 
     and fugitive emission of mercury and mercury compounds 
     (collectively referred to in this subsection as `mercury') 
     applicable to existing and new chlor-alkali plants that use 
     the mercury cell production process (referred to in this 
     subsection as `mercury cell chlor-alkali plants').
       ``(B) Permit requirement.--Not later than 2 years after the 
     date of enactment of this subparagraph, each mercury cell 
     chlor-alkali plant shall have an enforceable permit issued 
     under title V that complies with this subsection.
       ``(C) Procedures and schedules for compliance with 
     standards.--Each mercury cell chlor-alkali plant shall 
     achieve compliance with the mercury emission standards 
     established under subparagraph (A) in accordance with the 
     procedures and schedules established under subsection (i).
       ``(2) Standards and methods.--
       ``(A) Minimum required emission reduction.--The emission 
     standards established under paragraph (1)(A) shall require 
     that each mercury cell chlor-alkali plant reduce its annual 
     poundage of direct and fugitive mercury emitted below its 
     mercury emission baseline, as determined by the 
     Administrator, by not less than 95 percent.
       ``(B) Control methods.--For the purpose of achieving 
     compliance with the emission standards established under 
     paragraph (1)(A), the Administrator shall authorize methods 
     of control of mercury emissions, including measures that--
       ``(i) reduce the volume of, or eliminate emissions of, 
     mercury through a process change, substitution of material, 
     or other method;
       ``(ii) enclose systems or processes to eliminate mercury 
     emissions;
       ``(iii) collect, capture, or treat mercury emissions when 
     released from a process, stack, storage, or fugitive emission 
     point, or through evaporation of a spill;
       ``(iv) consist of design, equipment, manufacturing process, 
     work practice, or operational standards (including 
     requirements for operator training or certification or spill 
     prevention) in accordance with subsection (h); or
       ``(v) consist of a combination of the measures described in 
     clauses (i) through (iv).
       ``(3) Permit requirements and conditions.--
       ``(A) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall include--
       ``(i) enforceable mercury emission standards;
       ``(ii) a schedule of compliance;
       ``(iii) a requirement that the permittee submit to the 
     permitting authority, not less often than every 90 days, the 
     results of any required monitoring; and
       ``(iv) such other conditions as the Administrator 
     determines are necessary to ensure compliance with this 
     subsection and each applicable implementation plan under 
     section 110.
       ``(B) Monitoring and analysis.--
       ``(i) Procedures and methods.--The regulations promulgated 
     by the Administrator

[[Page 5083]]

     under paragraph (1)(A) shall prescribe procedures and methods 
     for--

       ``(I) monitoring and analysis for mercury; and
       ``(II) determining compliance with this subsection.

       ``(ii) Information.--Application of the procedures and 
     methods shall result in reliable and timely information for 
     determining compliance.
       ``(iii) Effect on other law.--Nothing in this subsection 
     affects any continuous emission monitoring requirement of 
     title IV or any other provision of this Act.
       ``(C) Inspection, entry, monitoring, certification, and 
     reporting.--
       ``(i) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall specify inspection, entry, monitoring, 
     compliance certification, and reporting requirements to 
     ensure compliance with the permit terms and conditions.
       ``(ii) Conformity with other regulations.--The monitoring 
     and reporting requirements shall conform to each applicable 
     regulation under subparagraph (B).
       ``(iii) Signature.--Each report required under clause (i) 
     shall be signed by a responsible official of the mercury cell 
     chlor-alkali plant, who shall certify the accuracy of the 
     report.
       ``(4) Disposal of mercury captured through emission 
     controls.--
       ``(A) In general.--
       ``(i) Captured or recovered mercury.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury that is captured or recovered through the 
     use of an emission control or another method is disposed of 
     in a manner that ensures that--

       ``(I) the hazards from mercury are not transferred from 1 
     environmental medium to another; and
       ``(II) there is no release of mercury into the environment 
     (as the terms `release' and `environment' are defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).

       ``(ii) Mercury-containing wastes.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury-containing wastes are handled and 
     disposed of in accordance with all applicable Federal and 
     State laws (including regulations).
       ``(B) Research program.--To promote permanent and cost-
     effective disposal of mercury from mercury cell chlor-alkali 
     plants, the Administrator shall establish a program of long-
     term research to develop and disseminate information on 
     methods and techniques such as separating, solidifying, 
     recycling, and encapsulating mercury-containing waste so that 
     mercury does not volatilize, migrate to ground water or 
     surface water, or contaminate the soil.
       ``(5) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or replace any requirement of a more stringent 
     emission limitation or other applicable requirement 
     established under this Act or a standard issued under State 
     law.
       ``(6) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(A) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each mercury cell chlor-alkali 
     plant.
       ``(B) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     paragraph (3)(C).''.

     SEC. 7. MERCURY EMISSION STANDARDS FOR PORTLAND CEMENT 
                   PLANTS.

       Section 112 of the Clean Air Act (as amended by section 6) 
     is amended by inserting after subsection (v) the following:
       ``(w) Mercury Emission Standards for Portland Cement 
     Plants.--
       ``(1) In general.--
       ``(A) Regulations.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator shall 
     promulgate regulations--
       ``(i) to establish standards for the control of direct dust 
     emission of mercury and mercury compounds (collectively 
     referred to in this subsection as `mercury') from crushers, 
     mills, dryers, kilns (excluding emission from such burning of 
     hazardous waste-containing fuel in a cement kiln as is 
     regulated under section 3004(q) of the Solid Waste Disposal 
     Act (42 U.S.C. 6924(q)), and clinker coolers at existing and 
     new Portland cement plants; and
       ``(ii) to establish standards for the control of fugitive 
     dust emission of mercury from storage, transport, charging, 
     and discharging operations at existing and new Portland 
     cement plants.
       ``(B) Permit requirement.--Not later than 2 years after the 
     date of enactment of this subparagraph, each Portland cement 
     plant shall have an enforceable permit issued under title V 
     that complies with this subsection.
       ``(C) Procedures and schedules for compliance with 
     standards.--Each Portland cement plant shall achieve 
     compliance with the mercury emission standards established 
     under subparagraph (A) in accordance with the procedures and 
     schedules established under subsection (i).
       ``(2) Standards and methods.--
       ``(A) Minimum required emission reduction.--The emission 
     standards established under paragraph (1)(A) shall require 
     that each Portland cement plant reduce its annual poundage of 
     direct and fugitive mercury emitted below its mercury 
     emission baseline, as determined by the Administrator, by not 
     less than 95 percent.
       ``(B) Control methods.--For the purpose of achieving 
     compliance with the emission standards established under 
     paragraph (1)(A), the Administrator shall authorize methods 
     of control of mercury emissions, including measures that--
       ``(i) reduce the volume of, or eliminate emissions of, 
     mercury through a process change, substitution of material, 
     or other method;
       ``(ii) enclose systems, processes, or storage to eliminate 
     mercury emissions;
       ``(iii) collect, capture, or treat mercury emissions when 
     released from a process, stack, storage, or fugitive emission 
     point;
       ``(iv) consist of design, equipment, manufacturing process, 
     work practice, or operational standards (including 
     requirements for operator training or certification) in 
     accordance with subsection (h); or
       ``(v) consist of a combination of the measures described in 
     clauses (i) through (iv).
       ``(3) Permit requirements and conditions.--
       ``(A) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall include--
       ``(i) enforceable mercury emission standards;
       ``(ii) a schedule of compliance;
       ``(iii) a requirement that the permittee submit to the 
     permitting authority, not less often than every 90 days, the 
     results of any required monitoring; and
       ``(iv) such other conditions as the Administrator 
     determines are necessary to ensure compliance with this 
     subsection and each applicable implementation plan under 
     section 110.
       ``(B) Monitoring and analysis.--
       ``(i) Procedures and methods.--The regulations promulgated 
     by the Administrator under paragraph (1)(A) shall prescribe 
     procedures and methods for--

       ``(I) monitoring and analysis for mercury; and
       ``(II) determining compliance with this subsection.

       ``(ii) Information.--Application of the procedures and 
     methods shall result in reliable and timely information for 
     determining compliance.
       ``(iii) Effect on other law.--Nothing in this subsection 
     affects any continuous emission monitoring requirement of 
     title IV or any other provision of this Act.
       ``(C) Inspection, entry, monitoring, certification, and 
     reporting.--
       ``(i) In general.--Each permit issued in accordance with 
     paragraph (1)(B) shall specify inspection, entry, monitoring, 
     compliance certification, and reporting requirements to 
     ensure compliance with the permit terms and conditions.
       ``(ii) Conformity with other regulations.--The monitoring 
     and reporting requirements shall conform to each applicable 
     regulation under subparagraph (B).
       ``(iii) Signature.--Each report required under clause (i) 
     shall be signed by a responsible official of the Portland 
     cement plant, who shall certify the accuracy of the report.
       ``(4) Disposal of mercury captured through emission 
     controls.--
       ``(A) In general.--
       ``(i) Captured or recovered mercury.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury that is captured or recovered through the 
     use of an emission control or another method is disposed of 
     in a manner that ensures that--

       ``(I) the hazards from mercury are not transferred from 1 
     environmental medium to another; and
       ``(II) there is no release of mercury into the environment 
     (as the terms `release' and `environment' are defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).

       ``(ii) Mercury-containing wastes.--The regulations 
     promulgated by the Administrator under paragraph (1)(A) shall 
     ensure that mercury-containing wastes are handled and 
     disposed of in accordance with all applicable Federal and 
     State laws (including regulations).
       ``(B) Research program.--To promote permanent and cost-
     effective disposal of mercury from Portland cement plants, 
     the Administrator shall establish a program of long-term 
     research to develop and disseminate information on methods 
     and techniques such as separating, solidifying, recycling, 
     and encapsulating mercury-containing waste so that mercury 
     does not volatilize, migrate to ground water or surface 
     water, or contaminate the soil.
       ``(5) Other requirements.--An emission standard or other 
     requirement promulgated under this subsection does not 
     diminish or replace any requirement of a more stringent 
     emission limitation or other applicable requirement 
     established under this Act or a standard issued under State 
     law.

[[Page 5084]]

       ``(6) Public reporting of data pertaining to emissions of 
     mercury.--
       ``(A) In general.--The Administrator shall annually make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, facility-specific 
     mercury emission data for each Portland cement plant.
       ``(B) Source of data.--The emission data shall be taken 
     from the monitoring and analysis reports submitted under 
     paragraph (3)(C).''.

     SEC. 8. REPORT ON IMPLEMENTATION OF MERCURY EMISSION 
                   STANDARDS FOR MEDICAL WASTE INCINERATORS.

       (a) In General.--Not later than December 31, 2000, the 
     Administrator of the Environmental Protection Agency shall 
     submit to Congress a report on the extent to which the annual 
     poundage of mercury and mercury compounds emitted by each 
     medical waste incinerator in the United States has been 
     reduced below the baseline for the medical waste incinerator 
     determined under subsection (b).
       (b) Baseline.--
       (1) Use of actual data.--As a baseline for measuring 
     emission reductions, the report shall use the mercury and 
     mercury compound emission data that were submitted or 
     developed during the process of permitting of the medical 
     waste incinerator under the Clean Air Act (42 U.S.C. 7401 et 
     seq.).
       (2) Lack of actual data.--If the data described in 
     paragraph (1) are not available, the Administrator shall 
     develop an estimate of baseline mercury emissions based on 
     other sources of data and the best professional judgment of 
     the Administrator.

     SEC. 9. REPORT ON IMPLEMENTATION OF MERCURY EMISSION 
                   STANDARDS FOR HAZARDOUS WASTE COMBUSTORS.

       (a) In General.--Not later than December 31, 2000, the 
     Administrator of the Environmental Protection Agency shall 
     submit to Congress a report on the extent to which the annual 
     poundage of mercury and mercury compounds emitted by each 
     hazardous waste combustor in the United States has been 
     reduced below the baseline for the hazardous waste combustor 
     determined under subsection (b).
       (b) Baseline.--
       (1) Use of actual data.--As a baseline for measuring 
     emission reductions, the report shall use the mercury and 
     mercury compound emission data that were submitted or 
     developed during the process of permitting of the hazardous 
     waste combustor under the Clean Air Act (42 U.S.C. 7401 et 
     seq.).
       (2) Lack of actual data.--If the data described in 
     paragraph (1) are not available, the Administrator shall 
     develop an estimate of baseline mercury emissions based on 
     other sources of data and the best professional judgment of 
     the Administrator.

     SEC. 10. REPORT ON USE OF MERCURY AND MERCURY COMPOUNDS BY 
                   DEPARTMENT OF DEFENSE.

       (a) In General.--Not later than December 31, 2000, the 
     Secretary of Defense shall submit to Congress a report on the 
     use of mercury and mercury compounds by the Department of 
     Defense.
       (b) Contents.--In the report, the Secretary of Defense 
     shall describe--
       (1) measures that the Department of Defense is carrying out 
     to reduce the use and emissions of mercury and mercury 
     compounds by the Department; and
       (2) measures that the Department of Defense is carrying out 
     to stabilize or recycle discarded mercury or discarded 
     mercury-containing products.

     SEC. 11. INTERNATIONAL ACTIVITIES.

       (a) Study and Report.--Not later than December 31, 2000, 
     the Administrator of the Environmental Protection Agency, in 
     cooperation with appropriate representatives of Canada and 
     Mexico, shall study and submit to Congress a report on the 
     sources and extent of mercury emissions in North America.
       (b) Review.--Before submitting the report to Congress, the 
     Administrator shall submit the report for--
       (1) internal and external scientific peer review; and
       (2) review by the Science Advisory Board established by 
     section 8 of the Environmental Research, Development, and 
     Demonstration Authorization Act of 1978 (42 U.S.C. 4365).
       (c) Required Elements.--The report shall include--
       (1) a characterization and identification of the sources of 
     emissions of mercury in North America;
       (2) a description of the patterns and pathways taken by 
     mercury pollution through the atmosphere and surface water; 
     and
       (3) recommendations for pollution control measures, 
     options, and strategies that, if implemented individually or 
     jointly by the United States, Canada, and Mexico, will 
     eliminate or greatly reduce transboundary atmospheric and 
     surface water mercury pollution in North America.

     SEC. 12. MERCURY RESEARCH.

       Section 103 of the Clean Air Act (42 U.S.C. 7403) is 
     amended by adding at the end the following:
       ``(l) Mercury Research.--
       ``(1) Establishment of programs.--The Administrator shall 
     establish--
       ``(A) a program to characterize and quantify the potential 
     mercury-related health effects on high-risk populations (such 
     as pregnant women and their fetuses, women of childbearing 
     age, children, and individuals who subsist primarily on 
     fish); and
       ``(B) a mercury public awareness and prevention program 
     targeted at populations most at risk from exposure to 
     mercury.
       ``(2) Study of implementation of measures to control 
     mercury emissions.--
       ``(A) Establishment of advisory committee.--Not later than 
     3 years after the date of enactment of this subsection, the 
     Secretary of Health and Human Services and the Administrator 
     shall establish an advisory committee to evaluate and prepare 
     a report on the progress made by the Federal Government, 
     State and local governments, industry, and other regulated 
     entities to implement and comply with the mercury-related 
     amendments to the Clean Air Act (42 U.S.C. 7401 et seq.) made 
     by the Omnibus Mercury Emissions Reduction Act of 1999.
       ``(B) Membership.--
       ``(i) In general.--The advisory committee shall consist of 
     at least 15 members, of whom at least 1 member shall 
     represent each of the following:

       ``(I) The Department of Health and Human Services.
       ``(II) The Agency for Toxic Substances and Disease 
     Registry.
       ``(III) The Food and Drug Administration.
       ``(IV) The Environmental Protection Agency.
       ``(V) The National Academy of Sciences.
       ``(VI) Native American populations.
       ``(VII) State and local governments.
       ``(VIII) Industry.
       ``(IX) Environmental organizations.
       ``(X) Public health organizations.

       ``(ii) Appointment.--The Secretary of Health and Human 
     Services and the Administrator shall each appoint not fewer 
     than 7 members of the advisory committee.
       ``(C) Duties.--The advisory committee shall--
       ``(i) evaluate the adequacy and completeness of data 
     collected and disseminated by the Environmental Protection 
     Agency and each State that reports on and measures mercury 
     contamination in the environment;
       ``(ii) make recommendations to the Secretary of Health and 
     Human Services and the Administrator concerning--

       ``(I) changes necessary to improve the quality and ensure 
     consistency from State to State of Federal and State data 
     collection, reporting, and characterization of baseline 
     environmental conditions; and
       ``(II) methods for improving public education, particularly 
     among high-risk populations (such as pregnant women and their 
     fetuses, women of childbearing age, children, and individuals 
     who subsist primarily on fish), concerning the pathways and 
     effects of mercury contamination and consumption; and

       ``(iii) not later than 4 years after the date of enactment 
     of this subsection, compile and make available to the public, 
     through 1 or more published reports and 1 or more forms of 
     electronic media, the findings, recommendations, and 
     supporting data, including State-specific data, of the 
     advisory committee under this subparagraph.
       ``(D) Compensation.--
       ``(i) In general.--A member of the advisory committee shall 
     receive no compensation by reason of the service of the 
     member on the advisory committee.
       ``(ii) Travel expenses.--A member of the advisory committee 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for employees of agencies 
     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 services for the advisory 
     committee.
       ``(E) Duration of advisory committee.--The advisory 
     committee--
       ``(i) shall terminate not earlier than the date on which 
     the Secretary of Health and Human Services and the 
     Administrator determine that the findings, recommendations, 
     and supporting data prepared by the advisory committee have 
     been made available to the public; and
       ``(ii) may, at the discretion of the Secretary of Health 
     and Human Services and the Administrator, continue in 
     existence after that date to further carry out the duties 
     described in subparagraph (C).
       ``(F) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the advisory committee established under this 
     paragraph.
       ``(G) Funding.--The Secretary of Health and Human Services 
     and the Administrator shall each provide 50 percent of the 
     funding necessary to carry out this paragraph.
       ``(3) Report on mercury sedimentation trends.--Not later 
     than 1 year after the date of enactment of this subsection, 
     the Administrator shall submit to Congress a report that 
     characterizes mercury and mercury-compound sedimentation 
     trends in Lake Champlain, Chesapeake Bay, the Great Lakes, 
     the finger lakes region of upstate New York, Tampa Bay, and 
     other water bodies of concern (as determined by the 
     Administrator).
       ``(4) Evaluation of fish consumption advisories.--

[[Page 5085]]

       ``(A) In general.--The Administrator shall evaluate the 
     adequacy, consistency, completeness, and public dissemination 
     of--
       ``(i) data collected by the Environmental Protection Agency 
     and each State concerning mercury contamination of fish; and
       ``(ii) advisories to warn the public about the consumption 
     of mercury-contaminated fish (referred to in this paragraph 
     as `fish consumption advisories').
       ``(B) Improvement of quality and consistency.--In 
     conjunction with each State or unilaterally, the 
     Administrator shall implement any changes necessary to 
     improve the quality and ensure consistency from State to 
     State of Federal and State data collection, reporting, 
     characterization of mercury contamination, and thresholds 
     concerning mercury contamination in fish above which fish 
     consumption advisories will be issued.
       ``(C) Reporting.--Not later than 2 years after the date of 
     enactment of this subsection and every 2 years thereafter, 
     the Administrator shall prepare and make available to the 
     public, through 1 or more published reports and 1 or more 
     forms of electronic media, information providing detail by 
     State, watershed, water body, and river reach of mercury 
     levels in fish and any fish consumption advisories that have 
     been issued during the preceding 2-year period.
       ``(D) Effect on state authority.--Nothing in this paragraph 
     affects any authority of a State to advise residents of the 
     mercury content of commercially sold foods and other 
     products.''.
                                  ____


    Overview of the Omnibus Mercury Emissions Reduction Act of 1999

     Why has Senator Leahy introduced the ``Omnibus Mercury 
         Emissions Reduction Act of 1999''?
       Senator Leahy's concerns about the current and long-term 
     environmental and health consequences in the United States 
     resulting from the discharge of toxic chemicals into the 
     environment are longstanding. He is particularly concerned 
     about the effects of mercury. He is also concerned about 
     transport of air pollution from other parts of the nation to 
     the lakes, rivers, forests, and agricultural lands of 
     Vermont.
       EPA's ``Mercury Study Report to Congress,'' mandated by the 
     1990 Clean Air Act, documents mercury pollution sources and 
     troubling trends in mercury pollution in the United States.
       Mercury is one of the last major pollutants without an 
     overall pollution control strategy, and as a result it 
     remains largely uncontrolled.
     What are the key findings of the ``Mercury Study Report to 
         Congress''?
       Scientific and medical evidence show that exposure to 
     mercury and mercury compounds is harmful to human health, and 
     concentrations of it in the environment are arising (e.g., in 
     lake and river sediments).
       Pregnant women and their developing fetuses, women of 
     child-bearing age, and children under the age of 8 are most 
     at risk for mercury-related health effects such as 
     neurotoxicity.
       Neurotoxicity symptoms include impaired vision, speech, 
     hearing, and walking; sensory disturbances; incoordination of 
     movements; nervous system damage very similar to congenital 
     cerebal palsy; mental disturbances; and, in some cases, 
     death.
       Exposure to mercury and mercury compounds occurs most 
     frequently through consumption of mercury-contaminated fish 
     but can also occur through ingestion of methyl-mercury 
     contaminated drinking water and food sources other than fish, 
     and dermal uptake through soil and water.
       The major sources of mercury emissions in the United States 
     are coal-fired electrical utility steam generating units, 
     solid waste combustors, commercial and industrial boilers, 
     medical waste incinerators, hazardous waste combustors, 
     chlor-alkali plants (which manufacture chlorine and sodium 
     hydroxide), and Portland cement plants.
       EPA's analysis of mercury deposits and transport, in 
     conjunction with available scientific knowledge, supports a 
     plausible link between mercury emissions from combustion and 
     industrial sources and mercury concentrations in air, soil, 
     water, and sediments.
       The following geographical areas have the highest annual 
     rate of deposition of mercury in all forms: the southern 
     Great Lakes and Ohio River Valley; the Northeast and southern 
     New England; and scattered areas in the South, with the most 
     elevated deposition occurring in the Miami and Tampa areas 
     and in two areas in northeast Texas.
       The analysis of mercury deposits and transport supports a 
     plausible link between mercury emissions from combustion and 
     industrial sources and methyl mercury concentrations in 
     freshwater fish. In 1997, 40 states have issued health 
     advisories warning the public about consuming mercury-tainted 
     fish, compared to 27 states in 1993. Eleven states have 
     issued state-wide advisories, and 5 states have issued 
     advisories for coastal waters. Mercury advisories have 
     increased 98 percent from 899 in 1993 to 1,782 in 1998.
       The presence of mercury in consumer products is of concern 
     in light of the health consequences associated with exposure 
     to mercury.
       The presence of mercury in certain batteries and 
     fluorescent light bulbs is of special concern, particularly 
     given the substantial quantities of used batteries and 
     fluorescent light bulbs that are discarded annually in the 
     solid waste stream and the potential for environmental and 
     health consequences associated with land disposal, 
     composting, or municipal waste incineration.
     Estimates of U.S. Annual Mercury Emissions Rates for the 
         Largest Emitting Source Categories Source of Data: 
         Mercury Study Report to Congress, December 1997
     Coal Fired Utility Boilers: 52 tons per year
     Solid Waste Combustors: 30 tons per year
     Commercial/Industrial Boilers: 29 tons per year
     Medical Waste Incinerators: 16 tons per year
     Hazardous Waste Combustors: 7 tons per year
     Chlor-Alkali Plants: 7 tons per year
     Portland Cement Plants: 5 tons per year
     Key features of the ``Omnibus Mercury Emissions Reduction Act 
         of 1999''
       Directs EPA to promulgate mercury emissions standards and 
     regulatory strategies for the largest emitting source 
     categories: fossil-fuel fired electric utility steam 
     generating units; fossil-fuel fired commercial and industrial 
     boilers; solid waste combustors; chlor-alkali plants; and 
     Portland cement plants.
       Requires Reports to Congress: By EPA on progress in 
     implementing mercury emission reductions for medical waste 
     incinerators pursuant to existing regulations; by EPA on 
     progress in implementing mercury emission reductions for 
     hazardous waste combustors pursuant to existing regulations; 
     by the Department of Defense on the use of mercury and 
     mercury compounds by DoD.
     Other features of ``Omnibus Mercury Emissions Reduction Act 
         of 1999''
       Directs EPA to work with Canada and Mexico to inventory the 
     sources and pathways of mercury air and water pollution 
     within North America, and recommend options and strategies to 
     greatly reduce transboundary atmospheric and surface water 
     mercury pollution in North America.
       Expanded research into characterizing the health effects of 
     mercury pollution to critical populations (i.e., pregnant 
     women and their fetuses, women of child bearing age, and 
     children).
       Requires safe disposal of mercury recovered through coal 
     cleaning, flue gas control systems, and other pollution 
     control systems so that the hazards emanating from mercury 
     are not merely transferred from one environmental medium to 
     another.
       Requires annual public reporting (hard-copy publication and 
     Internet) of facility-specific emissions of mercury and 
     mercury compounds;
       Requires labeling of mercury-containing items such as 
     fluorescent light bulbs, batteries, pharmaceuticals, 
     laboratory chemicals and reagents, electrical devices such as 
     thermostats, relays, and switches, and medical and scientific 
     equipment.
       Begins a phase out of mercury from products. Exceptions may 
     be made for essential uses.
       Implementation of public awareness and prevention programs.
       More consistent state-by-state information on mercury-
     related fish consumption advisories.
       Expanded characterization of mercury sedimentation trends 
     and effects in Lake Champlain, the Great Lakes, the 
     Chesapeake Bay, the finger lakes region of upstate New York, 
     Tampa Bay, and other major water bodies.
                                 ______
                                 
      By Mr. FITZGERALD:
  S. 674. A bill to require truth-in-budgeting with respect to the on-
budget trust funds; to the Committee on the Budget and the Committee on 
Governmental Affairs, jointly, pursuant to the order of August 4, 1977, 
that if one committee report, the other committee have 30 days to 
report or be discharged.


                     TRUTH-IN-BUDGETING ACT OF 1999

 Mr. FITZGERALD. Mr. President, I ask unanimous consent that 
the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 674

       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 ``Truth-in-Budgeting Act of 
     1999''.

     SECTION 2. HONEST REPORTING OF THE DEFICIT.

       (a) In General.--Effective for fiscal year 2001, the 
     President's budget, the budget report of CBO required under 
     section 202(e) of the Congressional Budget Act of 1974, and 
     the concurrent resolution on the budget shall include--
       (1) the receipts and disbursements totals of the on-budget 
     trust funds, including the projected levels for at least the 
     next 5 fiscal years; and
       (2) the deficit or surplus excluding the on-budget trust 
     funds, including the projected levels for at least the next 5 
     fiscal years.

[[Page 5086]]

       (b) Itemization.--Effective for fiscal year 2001, the 
     President's budget and the budget report of the CBO required 
     under section 202(e) of the Congressional Budget Act of 1974 
     shall include an itemization of the on-budget trust funds for 
     the budget year, including receipts, outlays, and 
     balances.

                          ____________________