IB 
Union Calendar No. 275 
110TH CONGRESS 
1ST SESSION H. R. 1534 
[Report No. 110–444] 
To prohibit the sale, distribution, or transfer of mercury, to prohibit the 
export of mercury, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 15, 2007 
Mr. ALLEN introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
NOVEMBER 13, 2007 
Additional sponsors: Mr. WAXMAN, Mr. FARR, Mr. WYNN, Mr. ELLISON, Mrs. 
CAPPS, 
Ms. 
SOLIS, 
Mr. 
KUCINICH, 
Ms. 
SCHAKOWSKY, 
Mr. 
BUTTERFIELD, Ms. BALDWIN, Mr. HODES, Mr. ENGEL, Ms. MCCOLLUM 
of Minnesota, and Ms. ESHOO 
NOVEMBER 13, 2007 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 15, 2007] 
A BILL 
To prohibit the sale, distribution, or transfer of mercury, 
to prohibit the export of mercury, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 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; 
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(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 pollut-
ant, depositing locally, regionally, and globally, and 
affecting water bodies near industrial sources (includ-
ing 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 re-
main substantial in the developing world where re-
leases from the products are extremely likely due to 
the limited pollution control and waste management 
infrastructures in those countries; 
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(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 following: 
‘‘(f) MERCURY.— 
‘‘(1) PROHIBITION ON SALE, DISTRIBUTION, OR 
TRANSFER
OF
ELEMENTAL
MERCURY
BY
FEDERAL 
AGENCIES.—Except as provided in paragraph (2), ef-
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fective beginning on the date of enactment of this sub-
section, no Federal agency shall convey, sell, or dis-
tribute to any other Federal agency, any State or 
local government agency, or any private individual or 
entity any elemental mercury under the control or ju-
risdiction 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. 
‘‘(2) INAPPLICABILITY OF SUBSECTION (a).—Sub-
section (a) shall not apply to this subsection. 
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