WASHINGTON—The
House Homeland Security Committee, following recent action by its
Senate counterpart, passed strong legislation today to secure the
nation’s 15,000 chemical facilities against acts of terror. Almost five
years after 9/11, chemical plants occupy a lingering and dangerous void
in homeland defense that threatens millions of Americans.
“It’s
encouraging to see the Committee working in a bipartisan manner to
address chemical terrorism threats,” said U.S. PIRG staff attorney Alex
Fidis. “The Committee-passed legislation closes a huge hole in our
homeland defense by securing thousands of facilities across the country
that store large quantities of dangerous chemicals and place millions
of Americans at risk.”
The
legislation requires chemical plants to develop vulnerability
assessments and site security plans that describe security measures to
address the identified vulnerabilities. Chemical facilities are given
the flexibility to determine the appropriate security measures needed
to ensure security and safety. Once completed, the plans and security
measures are submitted to the Department of Homeland Security for
approval.
The
Committee accepted an amendment offered by Congressman Markey (D-MA)
that strengthened the legislation by requiring measures to reduce the
consequences of a terrorist attack. The amendment requires high-risk
chemical plants to analyze and potentially replace dangerous chemicals
and processes with safer technologies. The National Research Council
and Government Accountability Office support safer technologies because
they make facilities less attractive targets, and will reduce or
eliminate casualties in the event of a successful strike.
“We
applaud the Committee for recognizing that guards and fences alone do
not guarantee that Americans are protected because the deadly chemicals
remain behind those fences,” said Fidis. “Switching to safer
technologies removes the bull’s-eye on chemical plants that terrorist
could exploit to inflict mass casualties.”
The
Committee also adopted an amendment from Congressman Langevin (D-RI)
striking language from the bill that would have abolished the authority
of states to pass chemical security and safety laws. States better
understand local circumstances and their participation in securing
chemical facilities is a vital component for a federal program.
Regrettably, the adopted language is weaker than similar protections in
Senate legislation and leaves the scope of state participation
uncertain and open to interpretation.
With
passage by the House Homeland Security Committee, the legislation will
now proceed to the Energy and Commerce Committee with consideration
likely to occur in September. The Senate Homeland Security and
Government Affairs Committee recently passed chemical security
legislation that will be considered by the full Senate pending
resolution of a jurisdictional dispute.
