Bush Administration Endorses Chemical Security Requirements

OMB Watch applauds the Bush Administration's reversal of position on federal security requirements for chemical plants. Previously the administration supported industry's position that government involvement was unnecessary and that company-sponsored voluntary security measures were sufficient. In a June 15 hearing before the Senate Committee on Homeland Security and Governmental Affairs, the Department of Homeland Security (DHS) finally supported federal chemical security legislation. Robert Stephan, Undersecretary for Intelligence and Infrastructure at DHS, informed the Committee that "it has become clear the entirely voluntary efforts of these companies alone will not sufficiently address security for the entire sector." For some time, experts from government agencies, research institutes, trade associations, labor unions, and public interest groups have warned that chemical facilities are highly vulnerable to potential terrorist attacks. Despite these warnings and the nearly four years since 9/11, the federal government has not taken any action to minimize the risks associated with these facilities. While the administration's statement is a step forward, it remains unclear exactly what type of federal requirements it would endorse. As with most legislation, the devil will be in the details. OMB Watch urges Congress and the administration to support chemical security legislation that includes enforceable mechanisms to insure chemical plants use inherently safer technologies, not simply report on them. If government requirements are going to make people safer, they must compel facilities to do more than simply install higher fences or post additional guards. Real safety for people living near these chemical powderkegs can only be achieved by requiring facilities to reduce these hazards. Switching to safer chemicals, storing smaller quantities of hazardous chemicals, and installing better technologies are all options that facilities should be required to implement if feasible. While general business decisions should be left to the companies, whether or not to protect the public should not be. OMB Watch also recommends that a chemical security bill include public accountability components. For instance, the bill should mandate the creation of a publicly searchable database that would inform the public if facilities' vulnerability reports have been filed and approved by the DHS. The bill should also limit the amount of time vulnerability information can be withheld from the public. Secrecy should only be used to grant facilities the time needed to address any problems; it should not be viewed as the solution. If the government can not convince facilities to fix a vulnerability within one year, then the public should be informed of the problem so that they may make plans to protect themselves and participate in pressuring the facility into action. DHS deserves the support of Congress to enact strong and effective chemical security legislation. The public deserves no less. For more information, please contact Sean Moulton, (202) 234-8494 or smoulton@ombwatch.org To download this statement in pdf click here.
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