[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[Senate]
[Pages 16244-16249]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     MERCURY REDUCTION ACT OF 2002

  Mr. REID. Mr. President, I ask unanimous consent the Senate now 
proceed to the consideration of Calendar No. 553, S. 351.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 351) to amend the Solid Waste Disposal Act to 
     reduce the quantity of mercury in the environment by limiting 
     the use of mercury fever thermometers and improving 
     collection, recycling, and disposal of mercury, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Environment and Public 
Works with an amendment to strike all after the enacting clause and 
insert in lieu thereof the following:
  [Strike the part printed in black brackets and insert in lieu thereof 
the part printed in italic.]
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Mercury Reduction and 
     Disposal Act of 2001''.

     [SEC. 2. FINDINGS.

       [Congress finds that--
       [(1) mercury is a persistent and toxic pollutant that 
     bioaccumulates in the environment;
       [(2) according to recent studies, mercury deposition is a 
     significant public health threat in many States throughout 
     the United States;
       [(3) 40 States have issued fish advisories that warn 
     certain individuals to restrict or avoid consuming mercury-
     contaminated fish from affected bodies of water;
       [(4) according to a report by the National Academy of 
     Sciences, over 60,000 children are born each year in the 
     United States at risk for adverse neurodevelopmental effects 
     due to exposure to methyl mercury in utero;
       [(5) studies have documented that exposure to elevated 
     levels of mercury in the environment results in serious harm 
     to species of wildlife that consume fish;
       [(6) combustion of municipal and other solid waste is a 
     major source of mercury emissions in the United States;
       [(7) according to the Mercury Study Report, prepared by the 
     Environmental Protection Agency and submitted to Congress in 
     1997, mercury fever thermometers contribute approximately 17 
     tons of mercury to solid waste each year;
       [(8) the Governors of the New England States have endorsed 
     a regional goal of ``the virtual elimination of the discharge 
     of anthropogenic mercury into the environment'';
       [(9) mercury fever thermometers are easily broken, creating 
     a potential risk of dangerous exposure to mercury vapor in 
     indoor air and risking mercury contamination of the 
     environment; and
       [(10) according to the Environmental Protection Agency, the 
     quantity of mercury in 1 mercury fever thermometer, 
     approximately 1 gram, is enough to contaminate all fish in a 
     lake with a surface area of 20 acres.

     [SEC. 3. MERCURY.

       [(a) In General.--Subtitle C of the Solid Waste Disposal 
     Act (42 U.S.C. 6921 et seq.) is amended by adding at the end 
     the following:

     [``SEC. 3024. MERCURY.

       [``(a) Prohibition on Sale of Mercury Fever Thermometers 
     Except by Prescription.--Effective beginning 180 days after 
     the date of enactment of this section--
       [``(1) a person shall not sell or supply mercury fever 
     thermometers to consumers, except by prescription; and
       [``(2) with each mercury fever thermometer sold or supplied 
     by prescription, the manufacturer of the thermometer shall 
     provide clear instructions on--
       [``(A) careful handling of the thermometer to avoid 
     breakage; and
       [``(B) proper cleanup of the thermometer and its contents 
     in the event of breakage.
       [``(b) Thermometer Exchange Program.--The Administrator 
     shall make grants to States, municipalities, nonprofit 
     organizations, or other suitable entities for implementation 
     of a national program for the collection of mercury fever 
     thermometers from households and their exchange for 
     thermometers that do not contain mercury.
       [``(c) Disposal of Collected Mercury Waste.--
       [``(1) Interagency task force.--
       [``(A) Establishment.--There is established an advisory 
     committee to be known as the `Interagency Task Force on 
     Mercury' (referred to in this section as the `Task Force').
       [``(B) Membership.--The Task Force shall be composed of 7 
     members, of whom--
       [``(i) 1 member shall be the Administrator, who shall serve 
     as Chairperson of the Task Force;
       [``(ii) 1 member shall be appointed by each of--

       [``(I) the Secretary of State;
       [``(II) the Secretary of Defense;
       [``(III) the Secretary of Energy; and
       [``(IV) the Director of the National Institute of 
     Environmental Health Sciences of the Department of Health and 
     Human Services;

       [``(iii) 1 member shall be appointed by the President to 
     represent the American Public Health Association; and
       [``(iv) 1 member shall be appointed by the President from 
     the Environmental Council of the States.
       [``(C) Date of appointments.--The appointment of a member 
     of the Task Force shall be made not later than 30 days after 
     the date of enactment of this section.
       [``(D) Term; vacancies.--
       [``(i) Term.--A member shall be appointed for the life of 
     the Task Force.
       [``(ii) Vacancies.--A vacancy on the Task Force--

       [``(I) shall not affect the powers of the Task Force; and
       [``(II) shall be filled in the same manner as the original 
     appointment was made.

       [``(E) Meetings.--
       [``(i) Initial meeting.--Not later than 30 days after the 
     date on which all members of the Task Force have been 
     appointed, the Task Force shall hold the initial meeting of 
     the Task Force.
       [``(ii) Calling of meetings.--The Task Force shall meet at 
     the call of the Chairperson.
       [``(iii) Quorum.--A majority of the members of the Task 
     Force shall constitute a quorum, but a lesser number of 
     members may hold hearings.
       [``(F) Duties.--Not later than 1 year after the date of the 
     initial meeting of the Task Force, the Task Force shall 
     submit to Congress a report containing recommendations 
     concerning--
       [``(i) the long-term management and retirement of mercury 
     collected from--

       [``(I) mercury fever thermometers;
       [``(II) other medical and commercial sources; and
       [``(III) government sources, including mercury stored by 
     the Department of Defense and the Department of Energy;

[[Page 16245]]

       [``(ii) collection of mercury from industrial or other 
     sources in the United States in cases in which the mercury is 
     no longer needed, such as from retired chlor-alkali plants;
       [``(iii) programs to test the long-term durability of 
     promising technologies for sequestration of mercury that has 
     been retired from use;
       [``(iv) storage of mercury collected or sequestered under 
     clause (i), (ii), or (iii) in a manner that ensures that 
     there is no release of the mercury into the environment;
       [``(v) reduction of the total threat posed by mercury to 
     humans and the environment; and
       [``(vi) reduction of the total quantity of mercury 
     produced, used, and released on a global basis, including 
     whether and how--

       [``(I) the quantity of virgin mercury mined from the ground 
     and placed in circulation each year can be reduced through 
     bilateral or international agreements or other means;
       [``(II) the quantity of mercury used in products and 
     manufacturing can be reduced through substitution of mercury-
     free alternatives that are safer, available, and affordable; 
     and
       [``(III) essential mercury needs can be met through use of 
     stockpiles in existence on the date of enactment of this 
     section and increased recycling rather than through use of 
     virgin mercury.

       [``(G) Hearings.--The Task Force may hold such hearings, 
     sit and act at such times and places, take such testimony, 
     and receive such evidence as the Task Force considers 
     advisable to carry out this section.
       [``(H) Information from federal agencies.--
       [``(i) In general.--The Task Force may secure directly from 
     a Federal agency such information as the Task Force considers 
     necessary to carry out this section.
       [``(ii) Provision of information.--On request of the 
     Chairperson of the Task Force, the head of the agency shall 
     provide the information to the Task Force.
       [``(I) Postal services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       [``(J) Gifts.--The Task Force may accept, use, and dispose 
     of gifts or donations of services or property.
       [``(K) Compensation of members; travel expenses.--
       [``(i) Non-federal employees.--A member of the Task Force 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Task Force.
       [``(ii) Federal employees.--A member of the Task Force who 
     is an officer or employee of the Federal Government shall 
     serve without compensation in addition to the compensation 
     received for the services of the member as an officer or 
     employee of the Federal Government.
       [``(iii) Travel expenses.--A member of the Task Force shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Task 
     Force.
       [``(L) Staff and funding.--
       [``(i) Determination.--The Chairperson of the Task Force 
     shall determine the level of staff and funding that are 
     adequate to carry out the activities of the Task Force.
       [``(ii) Source.--The staff and funding shall be provided by 
     and drawn equally from the resources of--

       [``(I) the Department of Energy;
       [``(II) the Department of Defense; and
       [``(III) the Environmental Protection Agency.

       [``(iii) Appointment of staff.--The Chairperson may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate such staff as are 
     necessary to enable the Task Force to perform the duties of 
     the Task Force.
       [``(iv) Compensation.--

       [``(I) In general.--Except as provided in subclause (II), 
     the Chairperson may fix the compensation of the staff of the 
     Task Force that are not officers or employees of the Federal 
     Government without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates.
       [``(II) Maximum rate of pay.--The rate of pay for the staff 
     shall not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.

       [``(v) Detail of federal government employees.--

       [``(I) In general.--An employee of the Federal Government 
     may be detailed to the Task Force without reimbursement.
       [``(II) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.

       [``(vi) Procurement of temporary and intermittent 
     services.--The Chairperson of the Task Force may procure for 
     the purposes of the Task Force temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       [``(M) Termination of task force.--The Task Force shall 
     terminate on the date that is 90 days after the date on which 
     the Task Force submits the report required under subparagraph 
     (F).
       [``(2) Responsibility of the administrator for safe 
     disposal and storage of mercury.--In consultation with the 
     Task Force, the Administrator shall--
       [``(A)(i) take title to the mercury collected under the 
     thermometer exchange program established under subsection 
     (b), or an equivalent quantity of mercury; and
       [``(ii) manage (or designate a contractor to manage) the 
     mercury collected in a manner that ensures that the mercury 
     collected is not released into the environment or 
     reintroduced into commerce; and
       [``(B)(i) identify potential mercury stabilization 
     technologies and measures that ensure minimal release of 
     mercury into the environment; and
       [``(ii) conduct such research, development, and 
     demonstration of the technologies and measures as the 
     Administrator determines to be appropriate.
       [``(d) Relation to Other Law.--Nothing in this section--
       [``(1) precludes any State from imposing any additional 
     requirement; or
       [``(2) diminishes any obligation, liability, or other 
     responsibility under other Federal law.
       [``(e) Authorization of Appropriations.--There is 
     authorized to be appropriated to carry out this section 
     $20,000,000, of which--
       [``(1) not more than 2.5 percent shall be used to carry out 
     the activities of the Task Force; and
       [``(2) not more than 2.5 percent shall be used to carry out 
     subsection (c)(2)(B).''.
       [(b) Conforming Amendment.--Section 1001 of the Solid Waste 
     Disposal Act (42 U.S.C. prec. 6901) is amended by adding at 
     the end of the items relating to subtitle C the following:

[``Sec. 3024. Mercury.''.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mercury Reduction Act of 
     2002''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) mercury is a persistent and toxic pollutant that 
     bioaccumulates in the environment;
       (2) according to recent studies, mercury deposition is a 
     significant public health threat in many States throughout 
     the United States;
       (3) 40 States have issued fish advisories that warn certain 
     individuals to restrict or avoid consuming mercury-
     contaminated fish from affected bodies of water;
       (4) according to a report by the National Academy of 
     Sciences, over 60,000 children are born each year in the 
     United States at risk for adverse neurodevelopmental effects 
     due to exposure to methyl mercury in utero;
       (5) studies have documented that exposure to elevated 
     levels of mercury in the environment results in serious harm 
     to species of wildlife that consume fish;
       (6) combustion of municipal and other solid waste is a 
     major source of mercury emissions in the United States;
       (7) according to the Mercury Study Report, prepared by the 
     Environmental Protection Agency and submitted to Congress in 
     1997, mercury fever thermometers contribute approximately 17 
     tons of mercury to solid waste each year;
       (8) the Governors of the New England States have endorsed a 
     regional goal of ``the virtual elimination of the discharge 
     of anthropogenic mercury into the environment'';
       (9) mercury fever thermometers are easily broken, creating 
     a potential risk of dangerous exposure to mercury vapor in 
     indoor air and risking mercury contamination of the 
     environment; and
       (10) according to the Environmental Protection Agency, the 
     quantity of mercury in 1 mercury fever thermometer, 
     approximately 1 gram, is enough to contaminate all fish in a 
     lake with a surface area of 20 acres.

     SEC. 3. MERCURY.

       (a) In General.--Subtitle C of the Solid Waste Disposal Act 
     (42 U.S.C. 6921 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 3024. MERCURY.

       ``(a) Prohibition on Sale of Mercury Fever Thermometers 
     Except by Prescription.--Effective beginning 180 days after 
     the date of enactment of this section--
       ``(1) a person shall not sell or supply mercury fever 
     thermometers to consumers, except by prescription; and
       ``(2) with each mercury fever thermometer sold or supplied 
     by prescription, the manufacturer of the thermometer shall 
     provide clear instructions on--
       ``(A) careful handling of the thermometer to avoid 
     breakage; and
       ``(B) proper cleanup of the thermometer and its contents in 
     the event of breakage.
       ``(b) Thermometer Exchange Program.--The Administrator 
     shall make grants to States, municipalities, nonprofit 
     organizations, or other suitable entities for implementation 
     of a national program for the collection of mercury

[[Page 16246]]

     fever thermometers from households and their exchange for 
     thermometers that do not contain mercury.
       ``(c) Management of Collected Mercury.--
       ``(1) Task force.--
       ``(A) Establishment.--There is established an advisory 
     committee to be known as the `Task Force on Mercury' 
     (referred to in this section as the `Task Force').
       ``(B) Membership.--The Task Force shall be composed of 5 
     members, of whom--
       ``(i) 1 member shall be the Administrator, who shall serve 
     as Chairperson of the Task Force;
       ``(ii) 1 member shall be the Secretary of State;
       ``(iii) 1 member shall be the Secretary of Defense;
       ``(iv) 1 member shall be the Secretary of Energy; and
       ``(v) 1 member shall be the Director of the National 
     Institute of Environmental Health Sciences of the Department 
     of Health and Human Services.
       ``(C) Date of appointments.--The appointment of a member of 
     the Task Force shall be made not later than 30 days after the 
     date of enactment of this section.
       ``(D) Term; vacancies.--
       ``(i) Term.--A member shall be appointed for the life of 
     the Task Force.
       ``(ii) Vacancies.--A vacancy on the Task Force--

       ``(I) shall not affect the powers of the Task Force; and
       ``(II) shall be filled in the same manner as the original 
     appointment was made.

       ``(E) Meetings.--
       ``(i) Initial meeting.--Not later than 30 days after the 
     date on which all members of the Task Force have been 
     appointed, the Task Force shall hold the initial meeting of 
     the Task Force.
       ``(ii) Calling of meetings.--The Task Force shall meet at 
     the call of the Chairperson.
       ``(iii) Quorum.--A majority of the members of the Task 
     Force shall constitute a quorum, but a lesser number of 
     members may hold hearings.
       ``(F) Duties.--
       ``(i) In general.--Not later than 1 year after the date of 
     the initial meeting of the Task Force, the Task Force shall 
     submit to Congress a report containing recommendations and 
     suggested actions concerning--

       ``(I) the long-term management of surplus mercury collected 
     from--

       ``(aa) mercury fever thermometers;
       ``(bb) other medical and commercial sources;
       ``(cc) government sources, including mercury stored by the 
     Department of Defense and the Department of Energy; and
       ``(dd) industrial or other sources in the United States;

       ``(II) programs to test the long-term durability of 
     promising technologies for sequestration of mercury;
       ``(III) storage of mercury collected or sequestered under 
     subclause (I) or (II), in a manner that ensures that there is 
     no release of the mercury into the environment;
       ``(IV) reduction of the total threat posed by mercury to 
     humans and the environment; and
       ``(V) reduction of the total quantity of mercury produced, 
     used, and released on a global basis, including whether and 
     how--

       ``(aa) the quantity of virgin mercury mined from the ground 
     and placed in circulation each year can be reduced through 
     bilateral or international agreements or other means;
       ``(bb) the quantity of mercury used in products, mining, 
     and manufacturing can be reduced through substitution of 
     mercury-free alternatives that are safer, available, and 
     affordable; and
       ``(cc) essential mercury needs can be met through use of 
     stockpiles in existence on the date of enactment of this 
     section rather than through use of virgin mercury.
       ``(ii) Consultation.--In carrying out this subparagraph, 
     the Task Force shall consult with States, industries, and 
     health, environmental, and consumer organizations.
       ``(G) Hearings.--The Task Force may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Task Force considers advisable 
     to carry out this section.
       ``(H) Information from federal agencies.--
       ``(i) In general.--The Task Force may secure directly from 
     a Federal agency such information as the Task Force considers 
     necessary to carry out this section.
       ``(ii) Provision of information.--On request of the 
     Chairperson of the Task Force, the head of the agency shall 
     provide the information to the Task Force.
       ``(I) Postal services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       ``(J) Gifts.--The Task Force may accept, use, and dispose 
     of gifts or donations of services or property.
       ``(K) Compensation of members; travel expenses.--
       ``(i) Federal employees.--A member of the Task Force who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       ``(ii) Travel expenses.--A member of the Task Force shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Task 
     Force.
       ``(L) Staff and funding.--
       ``(i) Determination.--The Chairperson of the Task Force 
     shall determine the level of staff and funding that are 
     adequate to carry out the activities of the Task Force.
       ``(ii) Source.--The staff and funding shall be provided by 
     and drawn equally from the resources of--

       ``(I) the Department of Energy;
       ``(II) the Department of Defense; and
       ``(III) the Environmental Protection Agency.

       ``(iii) Appointment of staff.--The Chairperson may, without 
     regard to the civil service laws (including regulations), 
     appoint and terminate such staff as are necessary to enable 
     the Task Force to perform the duties of the Task Force.
       ``(iv) Compensation.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Chairperson may fix the compensation of the staff of the 
     Task Force that are not officers or employees of the Federal 
     Government without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates.
       ``(II) Maximum rate of pay.--The rate of pay for the staff 
     shall not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.

       ``(v) Detail of federal government employees.--

       ``(I) In general.--An employee of the Federal Government 
     may be detailed to the Task Force without reimbursement.
       ``(II) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.

       ``(vi) Procurement of temporary and intermittent 
     services.--The Chairperson of the Task Force may procure for 
     the purposes of the Task Force temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       ``(M) Termination of task force.--The Task Force shall 
     terminate on the date that is 90 days after the date on which 
     the Task Force submits the report required under subparagraph 
     (F)(i).
       ``(N) No effect on other law.--Nothing in this paragraph 
     affects the regulation of mercury under--
       ``(i) any other provision of this subtitle; or
       ``(ii) any other law.
       ``(2) Responsibility of the administrator for safe 
     management and storage of mercury.--In consultation with the 
     Task Force, the Administrator shall--
       ``(A)(i) purchase or otherwise take title to the mercury 
     collected under the thermometer exchange program established 
     under subsection (b), or collected from any other source;
       ``(ii) manage (or designate a contractor to manage) the 
     mercury collected in a manner that ensures that the mercury 
     collected is not released into the environment;
       ``(iii) ensure, to the maximum extent practicable, that the 
     mercury collected under the thermometer exchange program 
     established under subsection (b), or an equivalent quantity 
     of mercury, is not reintroduced into commerce; and
       ``(iv) provide to the Task Force, for inclusion in the 
     report of the Task Force under paragraph (1)(F)(i), an 
     analysis of, and recommendations relating to, the mercury 
     collection and management activities carried out under this 
     section; and
       ``(B)(i) identify potential mercury stabilization 
     technologies and long-term storage measures that ensure 
     minimal release of mercury into the environment; and
       ``(ii) conduct such research, development, and 
     demonstration of the technologies and measures as the 
     Administrator determines to be appropriate.
       ``(d) Relation to Other Law.--Nothing in this section--
       ``(1) precludes any State from imposing any additional 
     requirement; or
       ``(2) diminishes any obligation, liability, or other 
     responsibility under other Federal law.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section (other than subsection (c)(2)(A)) 
     $20,000,000, of which--
       ``(A) not more than 2.5 percent shall be used to carry out 
     the activities of the Task Force; and
       ``(B) not more than 2.5 percent shall be used to carry out 
     subsection (c)(2)(B).
       ``(2) Safe management and storage.--In addition to the 
     amount authorized to be appropriated under paragraph (1), 
     there is authorized to be appropriated to carry out 
     subsection (c)(2)(A) $1,000,000 for each fiscal year.''.
       (b) Conforming Amendment.--Section 1001 of the Solid Waste 
     Disposal Act (42 U.S.C. prec. 6901) is amended by adding at 
     the end of the items relating to subtitle C the following:

``Sec. 3024. Mercury.''.

       Amend the title so as to read: ``A bill to amend the Solid 
     Waste Disposal Act to reduce the quantity of mercury in the 
     environment by limiting the use of mercury fever thermometers 
     and improving the collection and proper management of 
     mercury, and for other purposes.''.

  Ms. COLLINS. Mr. President, the Senate is considering, and will 
shortly pass, the Mercury Reduction Act of 2002. This legislation 
addresses the

[[Page 16247]]

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

  Mr. REID. I ask unanimous consent that the committee-reported 
amendment be agreed to, the bill as amended be read three times and 
passed, the motion to reconsider be laid on the table, and that the 
title amendment be agreed to, without further intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The title amendment was agreed to.
  The bill (S. 351) was read the third time and passed, as follows:

                                 S. 351

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

[[Page 16248]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mercury Reduction Act of 
     2002''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) mercury is a persistent and toxic pollutant that 
     bioaccumulates in the environment;
       (2) according to recent studies, mercury deposition is a 
     significant public health threat in many States throughout 
     the United States;
       (3) 40 States have issued fish advisories that warn certain 
     individuals to restrict or avoid consuming mercury-
     contaminated fish from affected bodies of water;
       (4) according to a report by the National Academy of 
     Sciences, over 60,000 children are born each year in the 
     United States at risk for adverse neurodevelopmental effects 
     due to exposure to methyl mercury in utero;
       (5) studies have documented that exposure to elevated 
     levels of mercury in the environment results in serious harm 
     to species of wildlife that consume fish;
       (6) according to the Mercury Study Report, prepared by the 
     Environmental Protection Agency and submitted to Congress in 
     1997, mercury fever thermometers contribute approximately 17 
     tons of mercury to solid waste each year;
       (7) the Governors of the New England States have endorsed a 
     regional goal of ``the virtual elimination of the discharge 
     of anthropogenic mercury into the environment'';
       (8) mercury fever thermometers are easily broken, creating 
     a potential risk of dangerous exposure to mercury vapor in 
     indoor air and risking mercury contamination of the 
     environment; and
       (9) according to the Environmental Protection Agency, the 
     quantity of mercury in 1 mercury fever thermometer, 
     approximately 1 gram, is enough to contaminate all fish in a 
     lake with a surface area of 20 acres.

     SEC. 3. MERCURY.

       (a) In General.--Subtitle C of the Solid Waste Disposal Act 
     (42 U.S.C. 6921 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 3024. MERCURY.

       ``(a) Prohibition on Sale of Mercury Fever Thermometers 
     Except by Prescription.--Effective beginning 180 days after 
     the date of enactment of this section--
       ``(1) a person shall not sell or supply mercury fever 
     thermometers to consumers, except by prescription; and
       ``(2) with each mercury fever thermometer sold or supplied 
     by prescription, the manufacturer of the thermometer shall 
     provide clear instructions on--
       ``(A) careful handling of the thermometer to avoid 
     breakage; and
       ``(B) proper cleanup of the thermometer and its contents in 
     the event of breakage.
       ``(b) Thermometer Exchange Program.--The Administrator 
     shall make grants to States, municipalities, nonprofit 
     organizations, or other suitable entities for implementation 
     of a national program for the collection of liquid mercury 
     fever thermometers from households and their exchange for 
     thermometers that do not contain mercury.
       ``(c) Management of Collected Mercury.--
       ``(1) Task force.--
       ``(A) Establishment.--There is established an advisory 
     committee to be known as the `Task Force on Mercury' 
     (referred to in this section as the `Task Force').
       ``(B) Membership.--The Task Force shall be composed of 5 
     members, of whom--
       ``(i) 1 member shall be the Administrator, who shall serve 
     as Chairperson of the Task Force;
       ``(ii) 1 member shall be the Secretary of State;
       ``(iii) 1 member shall be the Secretary of Defense;
       ``(iv) 1 member shall be the Secretary of Energy; and
       ``(v) 1 member shall be the Director of the National 
     Institute of Environmental Health Sciences of the Department 
     of Health and Human Services.
       ``(C) Date of appointments.--The appointment of a member of 
     the Task Force shall be made not later than 30 days after the 
     date of enactment of this section.
       ``(D) Term; vacancies.--
       ``(i) Term.--A member shall be appointed for the life of 
     the Task Force.
       ``(ii) Vacancies.--A vacancy on the Task Force--

       ``(I) shall not affect the powers of the Task Force; and
       ``(II) shall be filled in the same manner as the original 
     appointment was made.

       ``(E) Meetings.--
       ``(i) Initial meeting.--Not later than 30 days after the 
     date on which all members of the Task Force have been 
     appointed, the Task Force shall hold the initial meeting of 
     the Task Force.
       ``(ii) Calling of meetings.--The Task Force shall meet at 
     the call of the Chairperson.
       ``(iii) Quorum.--A majority of the members of the Task 
     Force shall constitute a quorum, but a lesser number of 
     members may hold hearings.
       ``(F) Duties.--
       ``(i) In general.--Not later than 1 year after the date of 
     the initial meeting of the Task Force, the Task Force shall 
     submit to Congress a report containing recommendations and 
     suggested actions concerning--

       ``(I) the long-term management of surplus mercury collected 
     from--

       ``(aa) mercury fever thermometers;
       ``(bb) other medical and commercial sources;
       ``(cc) government sources, including mercury stored by the 
     Department of Defense and the Department of Energy; and
       ``(dd) industrial or other sources in the United States;

       ``(II) programs to test the long-term durability of 
     promising technologies for sequestration of mercury;
       ``(III) storage of mercury collected or sequestered under 
     subclause (I) or (II), in a manner that ensures that there is 
     no release of the mercury into the environment;
       ``(IV) reduction of the total threat posed by mercury to 
     humans and the environment; and
       ``(V) reduction of the total quantity of mercury produced, 
     used, and released on a global basis, including whether and 
     how--

       ``(aa) the quantity of virgin mercury mined from the ground 
     and placed in circulation each year can be reduced through 
     bilateral or international agreements or other means;
       ``(bb) the quantity of mercury intentionally used in 
     products, mining, and manufacturing can be reduced through 
     substitution of mercury-free alternatives that are safer, 
     available, and affordable; and
       ``(cc) essential mercury needs can be met through use of 
     stockpiles in existence on the date of enactment of this 
     section rather than through use of virgin mercury.
       ``(ii) Consultation.--In carrying out this subparagraph, 
     the Task Force shall consult with States, industries, and 
     health, environmental, and consumer organizations.
       ``(G) Hearings.--The Task Force may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Task Force considers advisable 
     to carry out this section.
       ``(H) Information from federal agencies.--
       ``(i) In general.--The Task Force may secure directly from 
     a Federal agency such information as the Task Force considers 
     necessary to carry out this section.
       ``(ii) Provision of information.--On request of the 
     Chairperson of the Task Force, the head of the agency shall 
     provide the information to the Task Force.
       ``(I) Postal services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       ``(J) Gifts.--The Task Force may accept, use, and dispose 
     of gifts or donations of services or property.
       ``(K) Compensation of members; travel expenses.--
       ``(i) Federal employees.--A member of the Task Force who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       ``(ii) Travel expenses.--A member of the Task Force shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Task 
     Force.
       ``(L) Staff and funding.--
       ``(i) Determination.--The Chairperson of the Task Force 
     shall determine the level of staff and funding that are 
     adequate to carry out the activities of the Task Force.
       ``(ii) Source.--The staff and funding shall be provided by 
     and drawn equally from the resources of--

       ``(I) the Department of Energy;
       ``(II) the Department of Defense; and
       ``(III) the Environmental Protection Agency.

       ``(iii) Appointment of staff.--The Chairperson may, without 
     regard to the civil service laws (including regulations), 
     appoint and terminate such staff as are necessary to enable 
     the Task Force to perform the duties of the Task Force.
       ``(iv) Compensation.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Chairperson may fix the compensation of the staff of the 
     Task Force that are not officers or employees of the Federal 
     Government without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates.
       ``(II) Maximum rate of pay.--The rate of pay for the staff 
     shall not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.

       ``(v) Detail of federal government employees.--

       ``(I) In general.--An employee of the Federal Government 
     may be detailed to the Task Force without reimbursement.
       ``(II) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.

       ``(vi) Procurement of temporary and intermittent 
     services.--The Chairperson of the Task Force may procure for 
     the purposes of the Task Force temporary and intermittent 
     services in accordance with section

[[Page 16249]]

     3109(b) of title 5, United States Code, at rates for 
     individuals that do not exceed the daily equivalent of the 
     annual rate of basic pay prescribed for level V of the 
     Executive Schedule under section 5316 of that title.
       ``(M) Termination of task force.--The Task Force shall 
     terminate on the date that is 90 days after the date on which 
     the Task Force submits the report required under subparagraph 
     (F)(i).
       ``(N) No effect on other law.--Nothing in this paragraph 
     affects the regulation of mercury under--
       ``(i) any other provision of this subtitle; or
       ``(ii) any other law.
       ``(2) Responsibility of the administrator for safe 
     management and storage of mercury.--In consultation with the 
     Task Force, the Administrator shall--
       ``(A)(i) purchase or otherwise take title to the mercury 
     collected under the thermometer exchange program established 
     under subsection (b), or collected from any other source;
       ``(ii) manage (or designate a contractor to manage) the 
     mercury collected in a manner that ensures that the mercury 
     collected is not released into the environment;
       ``(iii) ensure, to the maximum extent practicable, that the 
     mercury collected under the thermometer exchange program 
     established under subsection (b), or an equivalent quantity 
     of mercury, is not reintroduced into commerce; and
       ``(iv) provide to the Task Force, for inclusion in the 
     report of the Task Force under paragraph (1)(F)(i), an 
     analysis of, and recommendations relating to, the mercury 
     collection and management activities carried out under this 
     section; and
       ``(B)(i) identify potential mercury stabilization 
     technologies and long-term storage measures that ensure 
     minimal release of mercury into the environment; and
       ``(ii) conduct such research, development, and 
     demonstration of the technologies and measures as the 
     Administrator determines to be appropriate.
       ``(d) Relation to Other Law.--Nothing in this section--
       ``(1) precludes any State from imposing any additional 
     requirement; or
       ``(2) diminishes any obligation, liability, or other 
     responsibility under other Federal law.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section (other than subsection (c)(2)(A)) 
     $20,000,000, of which--
       ``(A) not more than 2.5 percent shall be used to carry out 
     the activities of the Task Force; and
       ``(B) not more than 2.5 percent shall be used to carry out 
     subsection (c)(2)(B).
       ``(2) Safe management and storage.--In addition to the 
     amount authorized to be appropriated under paragraph (1), 
     there is authorized to be appropriated to carry out 
     subsection (c)(2)(A) $1,000,000 for each fiscal year.''.
       (b) Conforming Amendment.--Section 1001 of the Solid Waste 
     Disposal Act (42 U.S.C. prec. 6901) is amended by adding at 
     the end of the items relating to subtitle C the following:

``Sec. 3024. Mercury.''.

                          ____________________