graph shall cease to be effective on the date 60 days
after the enactment of this paragraph.’’.
SEC. 7. USE AND DISPOSAL OF MERCURY BY DEPARTMENT
OF DEFENSE.
(a) STUDY OF DOD MERCURY USE.—The Adminis-
trator of the Comptroller General shall undertake a study
of the use and disposal by the Department of Defense of
mercury, both as a raw material and in products procured
by the Department. Not later than 1 year after the enact-
ment of this Act, the Administrator shall submit a report
to the Congress containing the results of such study.
(b) REDUCTION IN MERCURY USE.—Not later than
3 years after the enactment of this Act the Secretary of
Defense shall submit to the Congress a program for reduc-
ing mercury use in military products.
SEC. 8. REQUIREMENTS FOR WASTE PROCESSORS AND DIS-
POSAL FACILITIES.
(a) INCINERATORS.—(1) Subtitle D of the Solid
Waste Disposal Act is amended by adding the following
new section at the end thereof:
‘‘SEC. 4011. PERMITS FOR INCINERATORS.
‘‘After December 31, 1996, no Federal agency, State
or local government, or other waste management jurisdic-
tion may issue a permit (including a permit under section
129(e) of the Clean Air Act) or other prior approval for
the construction or expansion of a municipal solid waste
incinerator, unless the applicant for the permit or other
approval completes, after public notice and comment, an
environmental impact statement. Such statement shall be
conducted in the same manner and in conformance with
the same standards required for environmental impact
statements under the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and must be approved by the
State.’’.
(2) The table of contents for such Act is amended
by adding the following new item after the item relating
to section 4010:
‘‘Sec. 4011. Permits for incinerators.’’.
(b) 
SEPARATION
OF
MERCURY
CONTAINING
ITEMS.—(1) Section 4003 of the Solid Waste Disposal Act
is amended as follows:
(A) By adding the following at the end of sub-
section (a):
‘‘(7) The plan shall provide for the separation,
for purposes of recycling, of mercury-containing
items listed under subsection (e) prior to disposal or
treatment in any solid waste treatment or disposal
facility.’’.
(B) By adding the following new subsection at
the end thereof:
‘‘(e) 
SEPARATION
OF
MERCURY-CONTAINING
ITEMS.—The Administrator shall, after notice and oppor-
tunity for public comment, publish a list of mercury-con-
taining items to be separated from the waste stream prior
to disposal or treatment in any solid waste treatment or
disposal facility. Such list shall include, but shall not be
limited to, batteries, fluorescent light bulbs, electrical
switches, and thermostats.’’.
(2) Section 4007(a)(1) of the Solid Waste Disposal
Act is amended by adding before the semicolon the follow-
ing: ‘‘(a) and it is revised within 2 years after the date
of the enactment of the Mercury Environmental Risk and
Comprehensive Utilization Reduction Initiative to meets
the requirements of paragraph (7) of section 4003(a)’’.
SEC. 9. SURCHARGE ON MERCURY AIR EMISSIONS.
The Clean Air Act is amended as follows:
(1) Section 112(c)(6) is amended by striking
the last sentence.
(2) Section 502(b)(3)(A) is amended by strik-
ing ‘‘and’’ at the end of clause (v), by striking pe-
riod at the end of clause (vi) and inserting ‘‘, and’’,
and by adding the following new clause at the end
thereof:
‘‘(vii) in the case of electric utility steam
generating units (as defined in section 112),
municipal waste combustion units, and medical
waste incineration units, an additional fee of
$500 per pound of mercury emissions from the
unit or such greater amount as the Adminis-
trator deems necessary to cover the costs of
mercury reduction and remediation research
under section 103(l).’’.
(3) Section 103 is amended by adding the fol-
lowing new section at the end thereof:
‘‘(l) MERCURY EMISSION REDUCTION AND REMEDI-
ATION.—The Administrator shall undertake a program to
research technologies available to reduce emissions of mer-
cury into the ambient air and technologies to remediate
mercury contamination. There are authorized to be appro-
priated to the Administrator to fund the costs of such pro-
gram, and amount for each fiscal year equal to the amount
estimated by the Secretary of the Treasury to be received
in the Treasury from the fees imposed under section
502(b)(3)(A)(vii), adjusted by the Secretary to account for
errors in such estimates for prior fiscal years.’’.
SEC. 10. FDA STUDY OF MERCURY COMPOUNDS IN DRUGS
AND FOOD.
(a) LIST AND ANALYSIS.—The Secretary of Health
and Human Services shall, through the Food and Drug
Administration—
(1) compile a list of drugs and foods that con-
tain intentionally introduced mercury compounds,
and
(2) provide a quantitative and qualitative analy-
sis of the mercury compounds in the list under para-
graph (1).
The Secretary shall compile the list required by paragraph
(1) within 2 years after the date of the enactment of this
section and shall provide the analysis required by para-
graph (2) within of such date of enactment.
(b) STUDY.—The Secretary of Health and Human
Services, acting through the Food and Drug Administra-
tion, shall conduct a study of the effect on humans of the
use of mercury compounds in nasal sprays. Such study
shall include data from other studies that have been made
of such use.
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HR 2835 IH——3
HR 2835 IH——4