[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 503 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. CON. RES. 503

Recognizing the 20th anniversary of the Bhopal disaster and expressing 
  the commitment of Congress to work with the Government of India and 
others to ensure that Union Carbide provides environmental and medical 
  rehabilitation of the affected area and is held responsible for its 
                                actions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2004

 Mr. Pallone submitted the following concurrent resolution; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Recognizing the 20th anniversary of the Bhopal disaster and expressing 
  the commitment of Congress to work with the Government of India and 
others to ensure that Union Carbide provides environmental and medical 
  rehabilitation of the affected area and is held responsible for its 
                                actions.

Whereas December 2004 marks the 20th anniversary of the Union Carbide 
        Corporation gas leak that took place in Bhopal, India, and that is 
        widely regarded as the worst peacetime environmental catastrophe in 
        world history;
Whereas on December 2, 1984, 27 tons of poisonous gas, including methyl 
        isocyanate, leaked from a storage tank at the pesticide plant of the 
        Union Carbide Corporation in Bhopal and quickly spread to the 
        surrounding residential areas;
Whereas official estimates indicate a death toll of 3,000 in the aftermath of 
        the disaster, but unofficial estimates put the toll much higher at 
        8,000, and the toll has climbed to more than 20,000 to date;
Whereas approximately 10 to 30 people continue to die every month in Bhopal from 
        toxic exposure, 150,000 people continue to suffer long-term health 
        consequences from the disaster, and the effects of the toxic gases 
        appear to be harming the next generation, with overwhelming evidence 
        that points to a higher incidence of health effects and birth defects 
        among children born to people affected by the gases;
Whereas international organizations and other independent investigators have 
        concluded that Union Carbide's inadequate technology, double standards 
        in safety and emergency-preparedness, and reckless cost cutting at the 
        plant were the principal causes of the disaster;
Whereas in 1987, the authorities in India brought criminal charges against Union 
        Carbide, its Indian subsidiary, and its local managers for criminal 
        negligence and reckless indifference leading to death, and in 1991 the 
        Supreme Court of India held that the charges could not be dismissed 
        based on a civil settlement;
Whereas Union Carbide refused to appear in court to face criminal charges, and 
        the Bhopal District Court issued arrest warrants for the company, 
        declaring that it was a fugitive from justice;
Whereas Union Carbide has recently become a wholly owned subsidiary of the Dow 
        Chemical Corporation, which refuses to require that Union Carbide appear 
        before the Bhopal District Court and refuses to release in entirety its 
        scientific and medical research on the leaked chemicals and gases;
Whereas the lack of information on the leaked chemicals and gases has hindered 
        the study of the long-term medical effects of exposure;
Whereas many Bhopali families face insurmountable debt because of the 
        devastating health effects of the gas, the birth defects of their 
        children, and their inability to work because of illness;
Whereas since 1999, at least three independent environmental surveys have shown 
        that the former Union Carbide plant polluted the soil and groundwater 
        aquifer beneath it, resulting in severe contamination of the drinking 
        water supply of as many as 20,000 people living in residential areas 
        near the plant;
Whereas no substantive effort has been undertaken for environmental remediation 
        of the area, and the tainted water and the generally toxic living 
        environment have led to premature cancer, deformities, chromosomal 
        aberrations, and other disorders for Bhopali children;
Whereas international law and the domestic laws of India and the United States 
        have a ``polluter pays'' principle, which states that the polluter 
        should be held responsible for its environmental pollution;
Whereas international trade and ethical practices compel Dow Chemical to treat 
        this matter seriously and to ensure that equitable treatment be afforded 
        to the victims and their progeny; and
Whereas India is the largest democracy in the world and enjoys a close and 
        mutual friendship with the United States based on common values and 
        common interests: Now, therefore, be it--
    Resolved by the House of Representatives (the Senate concurring),  
That the Congress--
            (1) recognizes the 20th anniversary of the Bhopal disaster 
        and the continuing environmental problems in Bhopal, India, 
        caused by the policies and practices of the Union Carbide 
        Corporation; and
            (2) is committed--
                    (A) to working with the Government of the Republic 
                of India, the Dow Chemical Corporation, and the victims 
                of the Bhopal disaster to ensure that Union Carbide 
                provides complete medical, social, and economic 
                rehabilitation to the victims and to obtain the medical 
                information necessary to help the victims;
                    (B) to ensuring that Union Carbide completely 
                restores the polluted plant site affected by this 
                disaster to a habitable condition and fully remediates 
                the drinking water supply of affected residential 
                communities; and
                    (C) to ensuring that Union Carbide appears before 
                the Bhopal District Court for prosecution on the 
                criminal charges pending against it, in accordance with 
                principles of international law regarding criminal 
                jurisdiction.
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