Washington, D.C. - Today, Congresswoman Hilda L. Solis Ranking Democrat on the Subcommittee on the Environment and Hazardous Materials, made the following statement at the Subcommittee’s hearing on legislation to implement the Stockholm Convention on Persistent Organic Pollutants.

Congresswoman Solis has introduced H.R. 4800, legislation which allows for effective, efficient implementation of the Stockholm Convention while protecting public health and preserving both U.S. sovereignty and the rights of our states. It is cosponsored by 13 Members of the Energy and Commerce Committee and is supported by the United States’ Chief Negotiator for the Stockholm Convention, California Attorney General Bill Lockyer and more than 45 public health and environmental groups.

“Good morning. We are here today to discuss competing legislation to implement the Stockholm Convention on Persistent Organic Pollutants (POPs.) I would like to thank our witnesses for joining us today and would like recognize Deputy Attorney General Claudia Polsky who is testifying on behalf of the California’s Attorney General’s office.

“Persistent Organic Pollutants -- like DDT and PCBs – are chemical substances that remain in the environment, spread easily, accumulate in our bodies, lead to cancer, neurological and learning disabilities, and pose risks to immune and reproductive systems. Simply, these are the worst of the worst. The Stockholm Convention was created to protect public health around the world by limiting these substances.

“President Clinton’s Administration negotiated this treaty which President Bush signed in a Rose Garden ceremony in 2001, showing that the need to protect the public against significant adverse human health and environmental effects of POPs transcends partisan politics. What is we need now is a commitment to support action which effectively and efficiently allows for the implementation of the Stockholm Convention and further regulation of additional pollutants as agreed to by the United States.

“But despite multiple statements that ratification “remains a top priority for the Bush Administration” there has been little effort made to move us closer to that goal. Only once – in the 107th Congress – did the Administration provide recommendations to amend existing law to allow for the treaty’s implementation. This Subcommittee did not address the treaty until three years AFTER the Bush Administration’s Rose Garden Ceremony. That hearing was in July of 2004 -- nearly 19 months ago.

“Since the end of 2004, the only contact on this matter has been a letter dated July 22, 2005, promising to ‘work closely’ on this issue. There has been no communication that I am aware of since this letter and the Administration has made no effort to bridge the differences. Given this track record, I find the Administration’s call to action simply disingenuous.

“I introduced H.R. 4800 because I believe the United States must be a positive leader in the global effort to protect public health from the effects of the most toxic chemical known to humans. My legislation effectively and efficiently allows for implementation of the Stockholm Convention and further regulation of additional pollutants as agreed to by the United States. It has the broad support of public health advocates, environmental organizations, and the United States’ chief negotiator for the Stockholm Convention.

“H.R. 4800 establishes a workable process to protect public health from the effects of POPs while preserving US opt-in authority. It includes a health-based standard to determine regulations to protect against significant adverse human health and environmental effects of additional pollutants, which is the standard President Clinton and President Bush committed to in the Stockholm Convention. Additionally, HR 4800 includes a provision which explicitly protects US sovereignty by stating that a final rule to regulate a POP shall not take effect unless the United States has consented to be bound by the listing.  

“As the lead negotiator for the United States to the Treaty stated in his written testimony, ‘H.R. 4800 puts forward a relatively straightforward process which would allow the U.S. to fully implement the Convention while retaining full discretion with regard to the regulation of any new POP.’

“I am extremely concerned that the process established in competing legislation will limit the right of states to use their authority to protect public health, and will effectively ensure that the US takes no action to protect public health from additional pollutants. Simply put, it will worsen the already ineffective structure of the Toxic Substances Control Act – a statute which failed to regulate even asbestos!

“Additionally, as 12 bipartisan Attorney Generals pointed out, the competing legislation would preempt the rights of states to act – action which Washington State’s Attorney General Rob McKenna called ‘counter productive to our shared interest in protecting the health and welfare of our citizens.’ I would like to insert into the record two letters from various Attorney Generals.

“California Attorney General Bill Lockyer pointed out that the goals of the Stockholm Convention must be achieved without undermining advancements states have made to safeguard our public health. I agree. As a global leader, the United States should adopt legislation which will allow for effective, efficient implementation of the Stockholm Convention, which protects public health at home and abroad, and which preserves both US sovereignty and the rights of our states. My legislation, H.R. 4800, achieves these goals.

“Thank you all for being here today – I yield back the balance of my time.”