WASHINGTON, D.C. – Following recent remarks by Homeland Security Secretary Michael Chertoff indicating that the department will not meet a legal requirement for 100% screening for nuclear bombs in maritime cargo, Representative Edward J. Markey (D-MA) today called on President Bush to repudiate these comments and commit to complete implementation of this vital provision according to the schedule established in the law. Rep. Markey, a senior member of the House Homeland Security Committee, was one of the authors of, and a key advocate for, the provision, which became law in 2007 as part of legislation to implement the recommendations of the 9/11 Commission.

"We gave the administration five years to implement this critical anti-terrorism law - why on Earth is the Bush administration choosing to wave the white flag of surrender now while our ports remain vulnerable to nuclear bombs? Missing the boat on this screening mandate could easily mean missing the bomb, with devastating consequences for our country," said Rep. Markey. "In the waning days of the Bush administration, the Department of Homeland Security is once again caving to the wishes of special interests, putting commerce over commonsense.

The law passed in 2007 establishes a uniform standard screening for nuclear bombs and other dangerous materials in all cargo containers arriving in our ports, by 2012, regardless of the cargo's origin. However, according to press reports, the Department of Homeland Security has already decided that it will not meet the 2012 deadline, and Secretary Chertoff indicated his preference for a more selective program, stating, "I'm not terribly concerned someone's going to build a nuclear bomb in England" and load it into a container headed for a U.S. port.*

Meanwhile, in his annual report to the United Nations General Assembly earlier this week, the head of the International Atomic Energy Agency (IAEA) underscored the seriousness of the threat of a terrorist attack using a nuclear weapon, stating "The possibility of terrorists obtaining nuclear or other radioactive material remains a grave threat. The number of incidents reported to the Agency involving the theft or loss of nuclear or radioactive material is disturbingly high - nearly 250 in the year to June 2008 alone."

"When nuclear terrorism remains a viable threat, we should be doing everything possible to combat it. Of course it takes time to fully implement this mandate - that's why we set a five year deadline. In fact, the law is flexible and allows the department to extend the deadline under certain conditions. But it sounds like Sec. Chertoff is simply ending his department's efforts to implement the 100% screening mandate. Is this really the legacy that the secretary and the president want to leave for the next administration?" added Rep. Markey.

Rep. Markey's letter points out that Executive Branch officials are not permitted to simply abandon the legal 100% screening mandate and asks the president if Sec. Chertoff's remarks accurately represent his administration's position in this critical anti-terrorism effort.

The full text of Rep. Markey's letter is available here: http://markey.house.gov/docs/homeland_security/letter_bush_screening_deadline103008.pdf

The feasibility of scanning 100 percent of cargo containers overseas already has been successfully demonstrated at ports in the United Kingdom (Southampton) and China (Hong Kong).

During the four years leading up to the passage of the 9/11 bill in 2007, Rep. Markey repeatedly offered amendments in committee and on the House floor to implement 100% scanning of ship containers before they depart for U.S. ports. In July 2007, Rep. Markey was one of the final group of lawmakers who negotiated the final language of the 9/11 bill before it passed Congress and was signed into law in August 2007.

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