109th CONGRESS
2d Session
S. 3627
To prohibit the Department of Defense and the Department of Energy
from selling, distributing, or transferring elemental mercury, to prohibit
the export of elemental mercury, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 29, 2006
Mr. OBAMA introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
A BILL
To prohibit the Department of Defense and the Department of Energy
from selling, distributing, or transferring elemental mercury, to prohibit
the export of elemental mercury, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Mercury Market Minimization Act of 2006'.
SEC. 2. FINDINGS.
(1) mercury and mercury compounds are highly toxic to humans, ecosystems,
and wildlife;
(2) as many as 10 percent of women in the United States of childbearing
age have mercury in the blood at a level that could put a baby at risk;
(3) as many as 630,000 children born annually in the United States are
at risk of neurological problems related to mercury;
(4) the most significant source of mercury exposure to people in the United
States is ingestion of mercury-contaminated fish;
(5) the Environmental Protection Agency reports that, as of 2004--
(A) 44 States have fish advisories covering over 13,000,000 lake acres
and over 750,000 river miles;
(B) in 21 States the freshwater advisories are statewide; and
(C) in 12 States the coastal advisories are statewide;
(6) the long-term solution to mercury pollution is to minimize global
mercury use and releases to eventually achieve reduced contamination levels
in the environment, rather than reducing fish consumption since uncontaminated
fish represents a critical and healthy source of nutrition worldwide;
(7) mercury pollution is a transboundary pollutant, depositing locally,
regionally, and globally, and affecting water bodies near industrial sources
(including the Great Lakes) and remote areas (including the Arctic Circle);
(8) the free trade of mercury and mercury compounds on the world market,
at relatively low prices and in ready supply, encourages the continued
use of mercury outside of the United States, often involving highly dispersive
activities such as artisinal gold mining;
(9) the intentional use of mercury is declining in the United States as
a consequence of process changes to manufactured products (including batteries,
paints, switches, and measuring devices), but those uses remain substantial
in the developing world where releases from the products are extremely
likely due to the limited pollution control and waste management infrastructures
in those countries;
(10) the member countries of the European Union collectively are the largest
source of mercury exports globally;
(11) the European Union is in the process of enacting legislation that
will prohibit mercury exports by not later than 2011;
(12) the United States is a net exporter of mercury and, according to
the United States Geologic Survey, exported 506 metric tons of mercury
more than the United States imported during the period of 2000 through
2004; and
(13) banning exports of mercury from the United States will have a notable
affect on the market availability of mercury and switching to affordable
mercury alternatives in the developing world.
SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF MERCURY BY DEPARTMENT
OF DEFENSE OR DEPARTMENT OF ENERGY.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended
by adding at the end the following:
`(1) PROHIBITION ON SALE, DISTRIBUTION, AND TRANSFER BY DEPARTMENT OF
DEFENSE- Effective as of the date of enactment of this subsection, the
Secretary of Defense may not convey, sell, distribute, or otherwise transfer
to any other department or agency of the Federal Government, any State
or local government, or any private person or entity any elemental mercury
under the control or jurisdiction of the Department of Defense.
`(2) PROHIBITION ON SALE, DISTRIBUTION, AND TRANSFER BY DEPARTMENT OF
ENERGY- Effective as of the date of enactment of this subsection, the
Secretary of Energy may not convey, sell, distribute, or otherwise transfer
to any other department or agency of the Federal Government, any State
or local government, or any private person or entity any elemental mercury
under the control or jurisdiction of the Department of Energy.
`(3) EXCEPTION- The prohibitions in paragraphs (1) and (2) shall not apply
to the transfer of elemental mercury to any storage or other facility
established under section 12(c)(3).'.
SEC. 4. PROHIBITION ON EXPORT OF MERCURY.
Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is amended--
(1) in subsection (a) by striking `subsection (b)' and inserting `subsections
(b) and (c)'; and
(2) by adding at the end the following:
`(c) Prohibition on Export of Mercury-
`(1) ELEMENTAL MERCURY- Effective January 1, 2010, the export of elemental
mercury from the United States is prohibited.
`(2) EXTENSION OF PROHIBITION TO MERCURY COMPOUNDS-
`(A) IN GENERAL- Beginning on January 1, 2010, the President may prohibit
the export of any mercury compound from the United States as necessary--
`(i) to avoid subversion of the mercury ban; and
`(ii) to achieve the full force and effect of the prohibition under
paragraph (1).
`(i) IN GENERAL- If the President exercises the authority in subparagraph
(A), the President shall notify Congress.
`(ii) REQUIREMENTS- A notification under clause (i) shall describe--
`(I) each mercury compound the export of which from the United States
will be prohibited; and
`(II) a justification of the prohibition of export of each compound.
`(3) STORAGE OF EXCESS MERCURY-
`(A) ESTABLISHMENT OF STORAGE CAPACITY- In order to implement the prohibition
on the export of elemental mercury under paragraph (1) and the prohibition,
if any, on the export of mercury compounds under paragraph (2), the
President shall establish the capacity (including 1 or more storage
facilities) to store safely such elemental mercury and mercury compounds
covered by the prohibitions as are in excess of quantities necessary
for domestic consumption.
`(B) REGULATIONS- The establishment and operation of facilities to provide
the capacity required by subparagraph (A) shall be governed by such
regulations as the President may prescribe for purposes of this paragraph.
`(4) INAPPLICABILITY OF UNREASONABLE RISK REQUIREMENT- Subsection (a)
shall not apply to this subsection.'.
END
