Washington, DC– Representative Edward Markey (D-MA), a senior Member of the Homeland Security Committee and longstanding advocate for more rigorous security at chemical facilities released the following statement in response to Department of Homeland Security (DHS) Secretary Chertoff’s call for increased security at chemical plants. A report released by Rep. Markey’s office in 2005 revealed that in at least twenty-three states, a worst-case accident or terrorist attack could threaten more than million people.

“The Secretary knows that there are night clubs in New York City that are harder to get into than some of our country’s chemical plants.  It is about time that the Administration endorses legislation that requires companies to step up and mandate the proper security upgrades to protect these facilities that leave communities in all 50 states vulnerable to a terrorist attack,” said Rep. Markey.  “But if all the Administration does is call for minimum standards, it will get standards that are minimal.  We need a strong bill that would:

• mandate strong chemical security standards;
• verify compliance not through paperwork checks but through on-site inspections and force on force testing;
• require industry to reduce the risk their facilities pose by taking steps to replace toxic chemicals or processes with less dangerous technologies, when it is economically and technologically feasible to do so;
• provide workers at chemical facilities with strong whistleblower protections to ensure that they can warn of lax security without risk of retaliation.”

Although today’s announcement by DHS indicates that it has finally concluded that leaving chemical security entirely up to the industry is a wrongheaded approach, it still remains unclear as to whether the Bush Administration chemical security plan will involve more than just paperwork. 

The United States remains extremely vulnerable to a chemical attack.  Richard Falkenrath, formerly the Deputy Homeland Security Advisor to President Bush, stated in Congressional testimony that “to date, the federal government has made no material reduction in the inherent vulnerability of hazardous chemical targets inside the United States. Doing so should be the highest critical infrastructure protection priority for the Department of Homeland Security in the next two years.” 

Despite the looming threat of an attack on a chemical facility, Congressional Republicans have fought hard for the chemical industry to maintain existing security loopholes.  During the April 2005 mark-up of the Department of Homeland Security Authorization Act, Rep. Markey offered an amendment that included provisions to strengthen security at chemical plants.  The amendment failed on a party-line vote. When the bill reached the Floor, Rep. Markey’s language was included as part of the Democratic Substitute, which also failed by a party-line vote.  Rep. Markey’s chemical security provisions were actively opposed by the American Chemistry Council, the U.S. Chamber of Commerce, the National Association of Manufacturers, and a coalition of chemical, agricultural and petrochemical companies.

For more information on Rep. Markey’s work to close the chemical security loophole of for a report on the threats that communities across the country face check out:  http://markey.house.gov/