‘‘(1) a person shall not sell or supply a mercury 
fever thermometer to a consumer, except by pre-
scription; and 
‘‘(2) with each mercury fever thermometer sold 
or supplied by prescription, the manufacturer of the 
thermometer shall provide clear instructions on— 
‘‘(A) careful handling of the thermometer 
to avoid breakage; and 
‘‘(B) proper cleanup of the thermometer 
and its contents in the event of breakage. 
‘‘(b) THERMOSTAT REPLACEMENT.—Effective begin-
ning 2 years after the date of enactment of this section— 
‘‘(1) a contractor who replaces a building ther-
mostat in a residential or commercial building shall 
dispose of the replaced thermostat through a recy-
cling program established or participated in under 
paragraph (2); and 
‘‘(2) each manufacturer of building thermostats 
for installation in a residential or commercial build-
ing shall— 
‘‘(A) establish or participate in a program 
for the safe and environmentally responsible re-
cycling of thermostats replaced by the manufac-
turer’s thermostats; and
‘‘(B) establish or participate in a program 
to clearly educate individuals who sell or install 
the manufacturer’s thermostats about the pro-
gram established under subparagraph (A).’’. 
(b) CONFORMING AMENDMENT.—Section 1001 of the 
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is 
amended by adding at the end of the items relating to 
subtitle C the following: 
‘‘Sec. 3024. Mercury.’’. 
SEC. 5. SCHOOL PREMISES GUIDANCE. 
Not later than 1 year after the date of enactment 
of this Act, the Administrator shall publish guidance to 
assist State and local governments to remove elemental 
free-flowing mercury and mercury-added instruments 
from the premises of public and private schools. Thermo-
stats, computers, and motorized vehicles shall not be con-
sidered instruments for the purposes of this section. 
SEC. 6. ANNUAL REPORT. 
Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Administrator, 
after obtaining necessary information from appropriate 
State agencies, shall transmit to the Congress a report on 
the progress made under this Act. Such report shall in-
clude— 
(1) an executive summary;
(2) a brief description of the background of this 
Act; 
(3) a State-by-State progress summary of mer-
cury reduction efforts relating to this Act, including 
a quantitative analysis of the amount of mercury 
eliminated, recycled, or disposed of in each State, 
and an identification of the method or program re-
sponsible; 
(4) a description of grants and amounts award-
ed under section 3, and of the criteria used for 
awarding those grants; 
(5) a summary of a few selected mercury reduc-
tion programs that received grants, with a descrip-
tion of the success or problems each program had; 
(6) a detailed financial reporting of total ad-
ministration costs of carrying out this Act; 
(7) a joint summary, by the Administrator and 
appropriate State officials, that describes the coordi-
nation and communication progress and problems 
between the Federal and State Governments in car-
rying out this Act; and 
(8) recommendations for greater efficiency or 
improvement of administration of this Act.
SEC. 7. MERCURY AMALGAM REDUCTION. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Administrator shall 
issue guidelines that specify requirements for dentists to 
capture 90 percent or more of mercury-laden amalgam 
when administering amalgam to, or recovering amalgam 
from, their patients. 
(b) CONSIDERATIONS.—The guidelines described in 
subsection (a) shall take into account— 
(1) Federal, State, and local mercury-laden 
amalgam programs in existence; 
(2) current use of mercury-laden amalgam by 
dentists; 
(3) current waste management practices used 
by dental offices and their mercury-laden amalgam 
capture rates; 
(4) the number of technologies that capture 
mercury-laden amalgam, and their availability, cap-
ture rates, and affordability; 
(5) the economic costs to dental offices in meet-
ing the 90 percent capture requirements; 
(6) structural designs of office buildings that 
may restrict technologies that can be used to capture 
mercury-laden amalgam;
(7) implementing a process in which dental of-
fices can request an exemption waiver from meeting 
these requirements; 
(8) geographic areas where the bioaccumulation 
of mercury-laden amalgam is more likely; and 
(9) lack of recycling or waste management pro-
grams or infrastructure that supports the safe re-
moval and management of mercury-laden amalgam 
within reasonable proximities to dental offices. 
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