[Congressional Record (Bound Edition), Volume 154 (2008), Part 16]
[House]
[Pages 22726-22730]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     MERCURY EXPORT BAN ACT OF 2008

  Mr. ALLEN. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 906) to prohibit the sale, distribution, transfer, and 
export of elemental mercury, and for other purposes.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                 S. 906

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mercury Export Ban Act of 
     2008''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) mercury is highly toxic to humans, ecosystems, and 
     wildlife;
       (2) as many as 10 percent of women in the United States of 
     childbearing age have mercury in the blood at a level that 
     could put a baby at risk;
       (3) as many as 630,000 children born annually in the United 
     States are at risk of neurological problems related to 
     mercury;
       (4) the most significant source of mercury exposure to 
     people in the United States is ingestion of mercury-
     contaminated fish;
       (5) the Environmental Protection Agency reports that, as of 
     2004--
       (A) 44 States have fish advisories covering over 13,000,000 
     lake acres and over 750,000 river miles;
       (B) in 21 States the freshwater advisories are statewide; 
     and
       (C) in 12 States the coastal advisories are statewide;
       (6) the long-term solution to mercury pollution is to 
     minimize global mercury use and releases to eventually 
     achieve reduced contamination levels in the environment, 
     rather than reducing fish consumption since uncontaminated 
     fish represents a critical and healthy source of nutrition 
     worldwide;
       (7) mercury pollution is a transboundary pollutant, 
     depositing locally, regionally, and globally, and affecting 
     water bodies near industrial sources (including the Great 
     Lakes) and remote areas (including the Arctic Circle);
       (8) the free trade of elemental mercury on the world 
     market, at relatively low prices and in ready supply, 
     encourages the continued use of elemental mercury outside of 
     the United States, often involving highly dispersive 
     activities such as artisinal gold mining;
       (9) the intentional use of mercury is declining in the 
     United States as a consequence of process changes to 
     manufactured products (including batteries, paints, switches, 
     and measuring devices), but those uses remain substantial in 
     the developing world where releases from the products are 
     extremely likely due to the limited pollution control and 
     waste management infrastructures in those countries;
       (10) the member countries of the European Union 
     collectively are the largest source of elemental mercury 
     exports globally;
       (11) the European Commission has proposed to the European 
     Parliament and to the Council of the European Union a 
     regulation to ban exports of elemental mercury from the 
     European Union by 2011;
       (12) the United States is a net exporter of elemental 
     mercury and, according to the United States Geological 
     Survey, exported 506 metric tons of elemental mercury more 
     than the United States imported during the period of 2000 
     through 2004; and
       (13) banning exports of elemental mercury from the United 
     States will have a notable effect on the market availability 
     of elemental mercury and switching to affordable mercury 
     alternatives in the developing world.

     SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF 
                   ELEMENTAL MERCURY.

       Section 6 of the Toxic Substances Control Act (15 U.S.C. 
     2605) is amended by adding at the end the following:
       ``(f) Mercury.--
       ``(1) Prohibition on sale, distribution, or transfer of 
     elemental mercury by federal agencies.--Except as provided in 
     paragraph (2), effective beginning on the date of enactment 
     of this subsection, no Federal agency shall convey, sell, or 
     distribute to any other Federal agency, any State or local 
     government agency, or any private individual or entity any 
     elemental mercury under the control or jurisdiction of the 
     Federal agency.
       ``(2) Exceptions.--Paragraph (1) shall not apply to--
       ``(A) a transfer between Federal agencies of elemental 
     mercury for the sole purpose of facilitating storage of 
     mercury to carry out this Act; or
       ``(B) a conveyance, sale, distribution, or transfer of 
     coal.
       ``(3) Leases of federal coal.--Nothing in this subsection 
     prohibits the leasing of coal.''.

     SEC. 4. PROHIBITION ON EXPORT OF ELEMENTAL MERCURY.

       Section 12 of the Toxic Substances Control Act (15 U.S.C. 
     2611) is amended--
       (1) in subsection (a) by striking ``subsection (b)'' and 
     inserting ``subsections (b) and (c)''; and
       (2) by adding at the end the following:
       ``(c) Prohibition on Export of Elemental Mercury.--
       ``(1) Prohibition.--Effective January 1, 2013, the export 
     of elemental mercury from the United States is prohibited.
       ``(2) Inapplicability of subsection (a).--Subsection (a) 
     shall not apply to this subsection.
       ``(3) Report to congress on mercury compounds.--
       ``(A) Report.--Not later than one year after the date of 
     enactment of the Mercury Export Ban Act of 2008, the 
     Administrator shall publish and submit to Congress a report 
     on mercuric chloride, mercurous chloride or calomel, mercuric 
     oxide, and other mercury compounds, if any, that may 
     currently be used in significant quantities in products or 
     processes. Such report shall include an analysis of--
       ``(i) the sources and amounts of each of the mercury 
     compounds imported into the United States or manufactured in 
     the United States annually;
       ``(ii) the purposes for which each of these compounds are 
     used domestically, the amount of these compounds currently 
     consumed annually for each purpose, and the estimated amounts 
     to be consumed for each purpose in 2010 and beyond;
       ``(iii) the sources and amounts of each mercury compound 
     exported from the United States annually in each of the last 
     three years;

[[Page 22727]]

       ``(iv) the potential for these compounds to be processed 
     into elemental mercury after export from the United States; 
     and
       ``(v) other relevant information that Congress should 
     consider in determining whether to extend the export 
     prohibition to include one or more of these mercury 
     compounds.
       ``(B) Procedure.--For the purpose of preparing the report 
     under this paragraph, the Administrator may utilize the 
     information gathering authorities of this title, including 
     sections 10 and 11.
       ``(4) Essential use exemption.--(A) Any person residing in 
     the United States may petition the Administrator for an 
     exemption from the prohibition in paragraph (1), and the 
     Administrator may grant by rule, after notice and opportunity 
     for comment, an exemption for a specified use at an 
     identified foreign facility if the Administrator finds that--
       ``(i) nonmercury alternatives for the specified use are not 
     available in the country where the facility is located;
       ``(ii) there is no other source of elemental mercury 
     available from domestic supplies (not including new mercury 
     mines) in the country where the elemental mercury will be 
     used;
       ``(iii) the country where the elemental mercury will be 
     used certifies its support for the exemption;
       ``(iv) the export will be conducted in such a manner as to 
     ensure the elemental mercury will be used at the identified 
     facility as described in the petition, and not otherwise 
     diverted for other uses for any reason;
       ``(v) the elemental mercury will be used in a manner that 
     will protect human health and the environment, taking into 
     account local, regional, and global human health and 
     environmental impacts;
       ``(vi) the elemental mercury will be handled and managed in 
     a manner that will protect human health and the environment, 
     taking into account local, regional, and global human health 
     and environmental impacts; and
       ``(vii) the export of elemental mercury for the specified 
     use is consistent with international obligations of the 
     United States intended to reduce global mercury supply, use, 
     and pollution.
       ``(B) Each exemption issued by the Administrator pursuant 
     to this paragraph shall contain such terms and conditions as 
     are necessary to minimize the export of elemental mercury and 
     ensure that the conditions for granting the exemption will be 
     fully met, and shall contain such other terms and conditions 
     as the Administrator may prescribe. No exemption granted 
     pursuant to this paragraph shall exceed three years in 
     duration and no such exemption shall exceed 10 metric tons of 
     elemental mercury.
       ``(C) The Administrator may by order suspend or cancel an 
     exemption under this paragraph in the case of a violation 
     described in subparagraph (D).
       ``(D) A violation of this subsection or the terms and 
     conditions of an exemption, or the submission of false 
     information in connection therewith, shall be considered a 
     prohibited act under section 15, and shall be subject to 
     penalties under section 16, injunctive relief under section 
     17, and citizen suits under section 20.
       ``(5) Consistency with trade obligations.--Nothing in this 
     subsection affects, replaces, or amends prior law relating to 
     the need for consistency with international trade 
     obligations.
       ``(6) Export of coal.--Nothing in this subsection shall be 
     construed to prohibit the export of coal.''.

     SEC. 5. LONG-TERM STORAGE.

       (a) Designation of Facility.--
       (1) In general.--Not later than January 1, 2010, the 
     Secretary of Energy (referred to in this section as the 
     ``Secretary'') shall designate a facility or facilities of 
     the Department of Energy, which shall not include the Y-12 
     National Security Complex or any other portion or facility of 
     the Oak Ridge Reservation of the Department of Energy, for 
     the purpose of long-term management and storage of elemental 
     mercury generated within the United States.
       (2) Operation of facility.--Not later than January 1, 2013, 
     the facility designated in paragraph (1) shall be operational 
     and shall accept custody, for the purpose of long-term 
     management and storage, of elemental mercury generated within 
     the United States and delivered to such facility.
       (b) Fees.--
       (1) In general.--After consultation with persons who are 
     likely to deliver elemental mercury to a designated facility 
     for long-term management and storage under the program 
     prescribed in subsection (a), and with other interested 
     persons, the Secretary shall assess and collect a fee at the 
     time of delivery for providing such management and storage, 
     based on the pro rata cost of long-term management and 
     storage of elemental mercury delivered to the facility. The 
     amount of such fees--
       (A) shall be made publically available not later than 
     October 1, 2012;
       (B) may be adjusted annually; and
       (C) shall be set in an amount sufficient to cover the costs 
     described in paragraph (2).
       (2) Costs.--The costs referred to in paragraph (1)(C) are 
     the costs to the Department of Energy of providing such 
     management and storage, including facility operation and 
     maintenance, security, monitoring, reporting, personnel, 
     administration, inspections, training, fire suppression, 
     closure, and other costs required for compliance with 
     applicable law. Such costs shall not include costs associated 
     with land acquisition or permitting of a designated facility 
     under the Solid Waste Disposal Act or other applicable law. 
     Building design and building construction costs shall only be 
     included to the extent that the Secretary finds that the 
     management and storage of elemental mercury accepted under 
     the program under this section cannot be accomplished without 
     construction of a new building or buildings.
       (c) Report.--Not later than 60 days after the end of each 
     Federal fiscal year, the Secretary shall transmit to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a report on all of the costs incurred in 
     the previous fiscal year associated with the long-term 
     management and storage of elemental mercury. Such report 
     shall set forth separately the costs associated with 
     activities taken under this section.
       (d) Management Standards for a Facility.--
       (1) Guidance.--Not later than October 1, 2009, the 
     Secretary, after consultation with the Administrator of the 
     Environmental Protection Agency and all appropriate State 
     agencies in affected States, shall make available, including 
     to potential users of the long-term management and storage 
     program established under subsection (a), guidance that 
     establishes procedures and standards for the receipt, 
     management, and long-term storage of elemental mercury at a 
     designated facility or facilities, including requirements to 
     ensure appropriate use of flasks or other suitable shipping 
     containers. Such procedures and standards shall be protective 
     of human health and the environment and shall ensure that the 
     elemental mercury is stored in a safe, secure, and effective 
     manner. In addition to such procedures and standards, 
     elemental mercury managed and stored under this section at a 
     designated facility shall be subject to the requirements of 
     the Solid Waste Disposal Act, including the requirements of 
     subtitle C of that Act, except as provided in subsection 
     (g)(2) of this section. A designated facility in existence on 
     or before January 1, 2013, is authorized to operate under 
     interim status pursuant to section 3005(e) of the Solid Waste 
     Disposal Act until a final decision on a permit application 
     is made pursuant to section 3005(c) of the Solid Waste 
     Disposal Act. Not later than January 1, 2015, the 
     Administrator of the Environmental Protection Agency (or an 
     authorized State) shall issue a final decision on the permit 
     application.
       (2) Training.--The Secretary shall conduct operational 
     training and emergency training for all staff that have 
     responsibilities related to elemental mercury management, 
     transfer, storage, monitoring, or response.
       (3) Equipment.--The Secretary shall ensure that each 
     designated facility has all equipment necessary for routine 
     operations, emergencies, monitoring, checking inventory, 
     loading, and storing elemental mercury at the facility.
       (4) Fire detection and suppression systems.--The Secretary 
     shall--
       (A) ensure the installation of fire detection systems at 
     each designated facility, including smoke detectors and heat 
     detectors; and
       (B) ensure the installation of a permanent fire suppression 
     system, unless the Secretary determines that a permanent fire 
     suppression system is not necessary to protect human health 
     and the environment.
       (e) Indemnification of Persons Delivering Elemental 
     Mercury.--
       (1) In general.--(A) Except as provided in subparagraph (B) 
     and subject to paragraph (2), the Secretary shall hold 
     harmless, defend, and indemnify in full any person who 
     delivers elemental mercury to a designated facility under the 
     program established under subsection (a) from and against any 
     suit, claim, demand or action, liability, judgment, cost, or 
     other fee arising out of any claim for personal injury or 
     property damage (including death, illness, or loss of or 
     damage to property or economic loss) that results from, or is 
     in any manner predicated upon, the release or threatened 
     release of elemental mercury as a result of acts or omissions 
     occurring after such mercury is delivered to a designated 
     facility described in subsection (a).
       (B) To the extent that a person described in subparagraph 
     (A) contributed to any such release or threatened release, 
     subparagraph (A) shall not apply.
       (2) Conditions.--No indemnification may be afforded under 
     this subsection unless the person seeking indemnification--
       (A) notifies the Secretary in writing within 30 days after 
     receiving written notice of the claim for which 
     indemnification is sought;
       (B) furnishes to the Secretary copies of pertinent papers 
     the person receives;
       (C) furnishes evidence or proof of any claim, loss, or 
     damage covered by this subsection; and
       (D) provides, upon request by the Secretary, access to the 
     records and personnel of the person for purposes of defending 
     or settling the claim or action.

[[Page 22728]]

       (3) Authority of secretary.--(A) In any case in which the 
     Secretary determines that the Department of Energy may be 
     required to make indemnification payments to a person under 
     this subsection for any suit, claim, demand or action, 
     liability, judgment, cost, or other fee arising out of any 
     claim for personal injury or property damage referred to in 
     paragraph (1)(A), the Secretary may settle or defend, on 
     behalf of that person, the claim for personal injury or 
     property damage.
       (B) In any case described in subparagraph (A), if the 
     person to whom the Department of Energy may be required to 
     make indemnification payments does not allow the Secretary to 
     settle or defend the claim, the person may not be afforded 
     indemnification with respect to that claim under this 
     subsection.
       (f) Terms, Conditions, and Procedures.--The Secretary is 
     authorized to establish such terms, conditions, and 
     procedures as are necessary to carry out this section.
       (g) Effect on Other Law.--
       (1) In general.--Except as provided in paragraph (2), 
     nothing in this section changes or affects any Federal, 
     State, or local law or the obligation of any person to comply 
     with such law.
       (2) Exception.--(A) Elemental mercury that the Secretary is 
     storing on a long-term basis shall not be subject to the 
     storage prohibition of section 3004(j) of the Solid Waste 
     Disposal Act (42 U.S.C. 6924(j)). For the purposes of section 
     3004(j) of the Solid Waste Disposal Act, a generator 
     accumulating elemental mercury destined for a facility 
     designated by the Secretary under subsection (a) for 90 days 
     or less shall be deemed to be accumulating the mercury to 
     facilitate proper treatment, recovery, or disposal.
       (B) Elemental mercury may be stored at a facility with 
     respect to which any permit has been issued under section 
     3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c)), 
     and shall not be subject to the storage prohibition of 
     section 3004(j) of the Solid Waste Disposal Act (42 U.S.C. 
     6924(j)) if--
       (i) the Secretary is unable to accept the mercury at a 
     facility designated by the Secretary under subsection (a) for 
     reasons beyond the control of the owner or operator of the 
     permitted facility;
       (ii) the owner or operator of the permitted facility 
     certifies in writing to the Secretary that it will ship the 
     mercury to the designated facility when the Secretary is able 
     to accept the mercury; and
       (iii) the owner or operator of the permitted facility 
     certifies in writing to the Secretary that it will not sell, 
     or otherwise place into commerce, the mercury.
     This subparagraph shall not apply to mercury with respect to 
     which the owner or operator of the permitted facility fails 
     to comply with a certification provided under clause (ii) or 
     (iii).
       (h) Study.--Not later than July 1, 2014, the Secretary 
     shall transmit to the Congress the results of a study, 
     conducted in consultation with the Administrator of the 
     Environmental Protection Agency, that--
       (1) determines the impact of the long-term storage program 
     under this section on mercury recycling; and
       (2) includes proposals, if necessary, to mitigate any 
     negative impact identified under paragraph (1).

     SEC. 6. REPORT TO CONGRESS.

       At least 3 years after the effective date of the 
     prohibition on export of elemental mercury under section 
     12(c) of the Toxic Substances Control Act (15 U.S.C. 
     2611(c)), as added by section 4 of this Act, but not later 
     than January 1, 2017, the Administrator of the Environmental 
     Protection Agency shall transmit to the Committee on Energy 
     and Commerce of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the global supply and trade of elemental mercury, 
     including but not limited to the amount of elemental mercury 
     traded globally that originates from primary mining, where 
     such primary mining is conducted, and whether additional 
     primary mining has occurred as a consequence of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maine (Mr. Allen) and the gentleman from Oklahoma (Mr. Sullivan) will 
each control 20 minutes.
  The Chair recognizes the gentleman from Maine.


                             General Leave

  Mr. ALLEN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maine?
  There was no objection.
  Mr. ALLEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 906, the Senate companion to my 
legislation, the Mercury Export Ban of 2008.
  This bill includes several changes that represent a compromise with 
the Senate, but at its heart is my legislation that passed with strong 
bipartisan support in the Energy and Commerce Committee and by voice 
vote on the floor of the House last November.
  I want to thank Chairman Dingell, former Chairman Wynn, Ranking 
Member Barton and Mr. Shimkus for the work they have done on this 
legislation. I also want to express my gratitude to Senators Obama and 
Murkowski for introducing this legislation on the Senate side and to 
Senator Boxer for her efforts. I would also like to thank Jim Bradley 
of my staff for all his hard work on this bill. Upon its passage today, 
this bill will be sent to the President to be signed into law.
  It is a well-established fact that mercury is a powerful neurotoxin, 
harmful at even low levels of exposure. Mercury is harmful whether it 
is inhaled, ingested or absorbed through the skin. Once exposed to 
water, elemental mercury is transformed to methylmercury, which is 
highly toxic and which has a tendency to bio-accumulate in both fish 
and humans who eat the fish.
  Very young children with developing nervous systems are particularly 
at risk. In addition, pregnant mothers who are exposed to mercury 
pollution can transmit mercury to their unborn children, increasing the 
chances of miscarriage and birth defects. Mercury can also be found in 
high concentrations in women's breast milk.
  My bill seeks to combat a large source of mercury pollution 
worldwide, namely, the export of elemental mercury from the United 
States to developing countries. This mercury is used largely for our 
artisanal mining. Exposure occurs when miners handle the mercury. It 
enters the water when miners pan for gold and gets into the air through 
the smelting process which emits mercury vapor.
  According to the United Nations Environmental Programme, 
approximately 15 million people worldwide, including 4.5 million women 
and 1 million children, engage in artisanal mining with mercury, 
exposing them to the poisons that mercury produces. Some of this 
mercury is exported from the United States. That should be unacceptable 
to us.
  The export of mercury for artisanal mining harms Americans who are 
exposed through the global air transport of mercury pollution or 
through the consumption of mercury-contaminated fish.
  The Environmental Protection Agency reports that as of 2004, 44 
States, including my State of Maine, have fish advisories that cover 13 
million acres of water and over 75,000 miles of rivers and streams.
  Scientists have estimated that up to one-third of U.S. mercury air 
pollution has traveled to the U.S. from Asia where mercury pollution is 
extensive, including pollution from mercury exported for artisanal 
mining.
  Much of the fish we eat, including tuna, is imported from off the 
coasts of Asian and South American countries where the use of mercury 
in artisanal mining is widespread.
  The Departments of Defense and Energy are the two largest holders of 
mercury in the United States. The Environmental Protection Agency has 
urged DOE and DOD not to sell its mercury stockpiles due to the serious 
human health and environmental risks associated with mercury. DOD and 
DOE have agreed. However, that ban is not in law, which is why my bill 
prohibits the Federal Government from exporting mercury. In addition, 
private companies may still export this poisonous and hazardous 
material, which is why this legislation is vital.
  The Mercury Export Ban Act before us today is the result of a months-
long stakeholder process on House side that worked to develop a 
consensus product. Stakeholders included the Natural Resources Defense 
Council, the Environmental Council of the States, the American 
Chemistry Council, the Chlorine Institute and the National Mining 
Association. There are not many pieces of legislation that move through 
this Congress supported by such a diverse group.
  The bill prohibits the export of elemental mercury from the United 
States and requires DOE to designate a long-term storage facility to 
accept mercury from private sector sources,

[[Page 22729]]

particularly the chlor-alkali industry and the mining industry, when 
the export ban in the bill takes effect on January 1, 2013. The bill 
does not require that all excess mercury be transferred to DOE, rather 
it gives the private sector the option of placing mercury into storage 
at DOE. If there is a more practical or more cost-effective private 
sector solution, the affected industries are more than welcome to 
pursue that option.
  DOE will be allowed to charge a fee to recoup the government's cost 
of storing this waste. In addition, all applicable and appropriate 
environmental laws apply with respect to this facility.
  The legislation will allow the chlor-alkali industry to place into 
safe storage the roughly 1,500 tons of mercury stockpiled at aging 
plants. It will also allow the mining industry to store the 
approximately 50 to 100 tons of mercury it generates annually as a 
byproduct of our air filtration systems.
  The process used to develop this legislation can be a modeled. On a 
bipartisan basis, we sat down together. We worked out our differences 
and brought interested and affected parties to the table to hammer out 
a compromise.
  I also want to thank a number of staff on the Energy and Commerce 
Committee, including Dick Frandsen, Caroline Ahearn from the majority 
staff, along with Ann Strickland, who has now left, as well as Dave 
McCarthy and Jerry Couri from the minority staff and Mo Zilly, formerly 
of Mr. Shimkus' staff, for their hard work as well.
  Mr. Speaker, this is good legislation, and I urge all Members to 
support its passage.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. SULLIVAN. Mr. Speaker, thank you for yielding me the time in 
supporting this legislation to reduce mercury exports from the United 
States.
  I am pleased that this bill has come back to us from the Senate and 
want to congratulate all the people who have worked so hard to make 
this legislation a reality. This bill is proof that people of all 
political stripes can come together for the common good. It is a 
shining example of how our process in Congress can work and work well 
if given the chance.
  Elemental mercury presents a serious American health concern even 
when it is mishandled in distant countries. Specifically, this form of 
mercury converts into neurotoxic methylmercury that comes back to the 
United States in the form of tainted fish and polluted air.
  This legislation attempts to break the global transport cycle of 
mercury by banning the export of elemental mercury in 2010. It does not 
cover coal exports and is not intended to cover fly ash exports from 
coal combustion or elemental mercury in manufactured consumer products.
  This bill also assures that domestic stocks of elemental mercury, 
which are a valuable commodity, have someplace to go. Under the 
consensus language we are considering, a safe domestic storage option 
will open when the ban commences. Further, the legislation does not 
preclude private storage solutions. I am glad that this bill allows 
enterprising folks to facilitate good environmental policy.
  In addition, I am pleased this bill recognizes that we should not 
punish people who do the right thing. Private entities who want to take 
advantage of the government-sponsored storage option must pay their 
fair share, but they will be indemnified against any environmental 
damage after the government takes possession of their mercury. This is 
commonsense policy and a key feature of ensuring that the proper 
handling and the safe, long-term storage of elemental mercury occurs.
  Mr. Speaker, I am pleased with the compromise, bipartisan 
legislation. It represents the serious give and take by both parties. I 
hope that efforts like this will continue to be more the norm than the 
exception throughout this Congress and future ones as well.
  I urge my colleagues to support S. 906.
  And I would like to yield such time as he may consume to the 
gentleman from New Jersey to address another concern.
  Mr. SMITH of New Jersey. I rise in strong support of S. 906, the 
Mercury Market Minimization Act of 2007.
  Mr. Speaker, again, I didn't get a chance when Mr. Pallone was here 
to correct the Record. I--we--did contact Congressman Frank Pallone and 
Nathan Deal by way of letter on May 18, 2007, and wrote at the time as 
cochairs of the Congressional Lyme and Disease Caucus, ``we are writing 
to respectfully request that you mark up and report H.R. 741.
  ``H.R. 741, the `Lyme and Tick-borne Disease Prevention, Education 
and Research Act of 2007' would work toward goals for the prevention, 
accurate diagnosis, and effective treatment of Lyme disease.''
  Then we went on to explain the bill. We pointed out that at the time 
we had 77 cosponsors. That is now 112 and it is totally bipartisan and 
includes majority leader Steny Hoyer. We also pointed out that Lyme is 
the most prevalent vector-borne disease in the United States today. 
More than 220,000 Americans develop Lyme each year. According to the 
CDC, only 10 percent of the cases that meet its surveillance criteria 
are reported. Cases that fall outside of the surveillance criteria are 
not even considered anywhere statistically.
  If not diagnosed and treated early, Lyme disease can lead to chronic 
illness and can affect every system in the body, including the central 
nervous system and cardiac system. Later symptoms of Lyme disease 
include arthritis, neurological problems such as facial paralysis, 
memory problems, extreme weaknesses of the extremities, seizures, heart 
block and inflammation and even blindness.
  So we sent that back in May 18, 2007. And I say that with respect to 
my colleague.
  Let me also point out, and I just will read a very small portion of 
the statement of Attorney General Richard Blumenthal, the attorney 
general of Connecticut. And this is his statement.
  ``Attorney General Richard Blumenthal today announced,'' and this is 
May 1, 2008, ``that his antitrust investigation has uncovered serious 
flaws in the Infectious Disease Society of America's process for 
writing its 2006 Lyme disease guidelines and the IDSA has agreed to 
reassess them with the assistance of an outside arbiter.''
  ``The IDSA guidelines have sweeping,'' this is Blumenthal speaking, 
``have sweeping and significant impacts on Lyme disease medical care. 
They are commonly applied by insurance companies in restricting 
coverage for long-term antibiotic treatment or other medical care and 
also strongly influence treatment decisions by physicians.

                              {time}  1400

  ``Insurance companies have denied coverage for long-term antibiotic 
treatment, relying on those guidelines as justification. The guidelines 
are also widely cited for conclusions that chronic Lyme disease is 
nonexistent.''
  Blumenthal goes on to say: ``This agreement vindicates my 
investigation finding undisclosed financial interests and forcing a 
reassessment of IDSA's guidelines.''
  Blumenthal said: ``My office uncovered undisclosed financial 
interests held by several,'' several, ``of the most powerful IDSA 
panelists. The IDSA's guideline panel improperly ignored or minimized 
consideration of alternative medical opinion and evidence regarding 
chronic Lyme disease, potentially raising serious questions about 
whether the recommendations reflected all relevant science. The IDSA's 
Lyme disease guideline process lacked important procedural safeguards 
requiring complete reevaluation of its 06 Lyme disease guideline, in 
effect a comprehensive reassessment through a new panel.''
  Blumenthal, and I will put this in the Record, talks about the 
conflicts of interest with the insurance companies. Again, I would 
think this Congress would want to get to the science, find out does 
chronic Lyme exists, and whether or not this is indeed a coverup.
  The SPEAKER pro tempore. Without objection, the gentleman from Texas 
(Mr. Hall) will now control the remainder of the time for the gentleman 
from Oklahoma.

[[Page 22730]]

  There was no objection.
  Mr. HALL of Texas. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. ALLEN. Mr. Speaker, I would like to add to my other remarks about 
S. 906, the ``Mercury Export Ban Act of 2008.'' The prohibitions 
pertaining to conveyances, sales, or distribution by Federal agencies 
contained in Section 3 and the prohibition on exports in Section 4 of 
S. 906 apply to ``elemental mercury.'' As the principal sponsor of this 
legislation in the House of Representatives I wish to reaffirm the 
legislative history and my clear intent that the term ``elemental 
mercury'' as used in the bill does not apply to articles, manufactured 
consumer products, or other products that contain elemental mercury.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maine (Mr. Allen) that the House suspend the rules and 
pass the Senate bill, S. 906.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HALL of Texas. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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