U.S. Ratification

The Road to U.S. Ratification of the POPs Treaty

The road to U.S ratification of the POPs Treaty requires the “advice and consent” of two-thirds of the Senate, a special duty set out Article 2, Section 2 of the U.S. Constitution.As a matter of policy, the Senate rarely considers treaty ratification until the legal framework is in place to implement our obligations. mending two federal laws.

The Toxic Substance Control Act of 1976 (or TSCA), which is the principal federal authority for regulating existing and new industrial chemicals. In nearly 30 years, this law has never been amended, despite widespread agreement that it is largely ineffective. The other major law requiring amendment, the Federal Insecticide, Fungicide, and Rodenticide Act (or FIFRA), establishes somewhat different regulatory requirements those who make and use many agricultural chemicals.

To amend TSCA and FIFRA requires action in four Congressional committees, two each in the Senate and House of Representatives. After TSCA and FIFRA amendments pass floor votes in the Senate and House chambers, differences between the two chambers are negotiated in the Conference Committee. The compromise text is next sent to the White House for the President’s signature (or veto) leading to enactment into federal law.

With these changes in U.S. law and the federal government then able to meet its obligations under the treaty, the Senate Foreign Relation Committee would consider “advice and consent” on ratification of the treaty itself. After committee approval the treaty goes to the Senate floor seeking a two-thirds majority. The final step in U.S. ratification is the official presentation of the articles of ratification to the others Parties to the Convention, namely other nations that have similarly ratified the agreement.

For more information on the Committees

House Committee on Agriculture: http://agriculture.house.gov/

Senate Committee on Agriculture, Nutrition & Forestry: http://agriculture.senate.gov/

Senate Committee on Environment and Public Works: http://epw.senate.gov/

House Committee on Energy and Commerce: http://energycommerce.house.gov/

Senate Foreign Relations Committee: http://foreign.senate.gov/

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