IIB 
110TH CONGRESS 
1ST SESSION H. R. 1534 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 14, 2007 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
To prohibit certain sales, distributions, and transfers of ele-
mental mercury, to prohibit the export of elemental mer-
cury, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
23:40 Nov 15, 2007
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1534.RFS
H1534
cnoel on PRODPC60 with BILLS_CN
HR 1534 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mercury Export Ban 
Act of 2007’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) mercury is highly toxic to humans, eco-
systems, 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 prob-
lems related to mercury; 
(4) the most significant source of mercury expo-
sure to people in the United States is ingestion of 
mercury-contaminated fish; 
(5) the Environmental Protection Agency re-
ports 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; 
VerDate Aug 31 2005 
23:40 Nov 15, 2007
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1534.RFS
H1534
cnoel on PRODPC60 with BILLS_CN
HR 1534 RFS
(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 consump-
tion since uncontaminated fish represents a critical 
and healthy source of nutrition worldwide; 
(7) mercury pollution is a transboundary pollut-
ant, depositing locally, regionally, and globally, and 
affecting water bodies near industrial sources (in-
cluding the Great Lakes) and remote areas (includ-
ing 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 bat-
teries, paints, switches, and measuring devices), but 
those uses remain substantial in the developing 
world where releases from the products are ex-
tremely likely due to the limited pollution control 
VerDate Aug 31 2005 
23:40 Nov 15, 2007
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1534.RFS
H1534
cnoel on PRODPC60 with BILLS_CN
HR 1534 RFS
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 ele-
mental mercury from the European Union by 2011; 
(12) the United States is a net exporter of ele-
mental mercury and, according to the United States 
Geological Survey, exported 506 metric tons of ele-
mental mercury more than the United States im-
ported 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 switch-
ing to affordable mercury alternatives in the devel-
oping world. 
SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, OR TRANS-
FER OF ELEMENTAL MERCURY. 
Section 6 of the Toxic Substances Control Act (15 
U.S.C. 2605) is amended by adding at the end the fol-
lowing: 
‘‘(f) MERCURY.— 
VerDate Aug 31 2005 
23:40 Nov 15, 2007
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1534.RFS
H1534
cnoel on PRODPC60 with BILLS_CN
HR 1534 RFS
‘‘(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) EXCEPTION.—Paragraph (1) shall not 
apply to a transfer between Federal agencies of ele-
mental mercury for the sole purpose of facilitating 
storage of mercury to carry out this Act.’’. 
SEC. 4. PROHIBITION ON EXPORT OF ELEMENTAL MER-
CURY. 
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 MER-
CURY.— 
‘‘(1) 
PROHIBITION.—Effective 
January 
1, 
2010, the export of elemental mercury from the 
United States is prohibited. 
VerDate Aug 31 2005 
23:40 Nov 15, 2007
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1534.RFS
H1534
cnoel on PRODPC60 with BILLS_CN