I thank the Chair. Mr. President, I send an amendment to the desk on behalf of myself, Senator Edwards, Senator Lautenberg, and others, and ask for its immediate consideration. Mr. President, I ask unanimous consent that the reading of the…
I thank the Chair. Mr. President, I send an amendment to the desk on behalf of myself, Senator Edwards, Senator Lautenberg, and others, and ask for its immediate consideration.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
I thank the Chair. Mr. President, this amendment addresses one of the most serious security threats facing the American people. As I will indicate later, this is not an assertion I make alone but an assertion made by a broad range of security experts, including the Secretary of Homeland Security: the threat of a terrorist attack on our Nation's chemical facilities.
There are literally thousands of chemical producers, refineries, and similar facilities throughout the United States where the release of chemicals can kill or injure literally tens of thousands and, in many instances, millions of Americans through exposure to highly toxic gases. That is why these facilities are potentially so attractive to terrorists. That is why security officials indicate that point.
From a practical viewpoint, often these facilities are located in the most densely populated communities across our Nation. The legacies of the great era of American manufacturing were practiced in our urban communities and continue to be in many instances today. New Jersey happens to be one of those communities that is densely populated--it is the most densely populated State in the Nation, and many of these facilities with exposures to over 1 million people are located in my State.
Unfortunately, there are currently no Federal security standards for chemical facilities, none. So the private sector has been left to do as it sees appropriate on a completely voluntary basis. There are some very positive actions by some in the industry to make sure that security and safety at
the plants is attended to. There are good standards being promoted by trade associations. But far too many of the facilities across this country have not stepped up to meet their responsibilities. Far too many continue to be vulnerable to attack.
Time after time we have seen press reports and other indications that our chemical facilities are not properly secure, and there has been very little effort to improve the safety of the processing in many plants. Put literally, millions of Americans are at risk.
A recent report by the conference board, by the way, that confirms this shows there has been a very limited increase in expenditures at publicly held companies in this country. Less than 4 percent at the median, and very little, according to many of the anecdotal pieces of information we have been able to find with regard to chemical plants.
According to the EPA, there are 123 facilities in 24 States where a chemical release could expose more than 1 million people to highly toxic chemicals. There are about 750 facilities in 39 States where a chemical release could expose more than 100,000 people to these chemicals. Thirty-nine States have that kind of exposure.
I have with me a map that shows how many of these facilities are located in each State. This really is a broad-based national issue. There are nearly 3,000 facilities spread across 49 States where a chemical release could expose more than 10,000 people. These are staggering numbers representing a broad vulnerability across America.
The consequences of an attack on a chemical plant are potentially horrific, and it is hard for any of us to even imagine. Think back to 1983 in Bhopal, India, where over 3,000 people died and innumerable injuries and problems in health still linger today. I would argue that our Nation appears to be in denial about this problem. If anything, September 11 taught us that we cannot avoid thinking about the unthinkable. We have to face up to the Nation's most serious vulnerabilities. We have to focus on them and confront them head on. If we look at what has been identified by security experts and the people at the Department of Homeland Security, we will draw that conclusion.
I repeat one of the statistics I mentioned: There are 123 chemical facilities around our Nation that could threaten more than 1 million American lives in their immediate vicinity. To bring this home, there are eight of these facilities in my home State of New Jersey, one that has the potential to expose over 8 million people in the Greater New Jersey-New York region with a toxic cloud. Think about that, 8 million people located smack dab in the middle of one of the most densely populated areas in our country.
These facilities pose a severe threat to public safety. They have serious weapons that could be used against the American people and cause massive injuries and death. Loaded with chemicals such as chlorine, ammonia, and hydrogen fluoride, chemicals that serve an important industrial function, they could be instantly transformed into a weapon of mass destruction at the hands of a terrorist.
I am not arguing that many are not doing what they are supposed to be doing. I see great activity about security and safety in many of the pharmaceutical plants in New Jersey.
There are many who are not stepping up to the plate to make sure the public is protected, and this is not just my opinion. Again, it has been documented by experts in the administration and the like. On March 18, the General Accounting Office issued a new report on this matter. GAO found that chemical facilities may be attractive targets for terrorists because of the extent of harm they could inflict.
If one is trying to find a way to seriously impact broad numbers of the population, this is how GAO says terrorists might actually accomplish that. GAO goes on to say: There are no Federal laws requiring chemical facilities to assess vulnerabilities, to take action, to safeguard against these attacks. GAO recommended that the Department of Homeland Security and the EPA jointly develop a strategy, including legislative proposal, to address the threats of attacks on chemical facilities.
The GAO report was released on March 18 of this year, but only one month earlier the Department of Homeland Security itself sounded the alarm about the threat facing chemical facilities. In the bulletin issued on February 12 of this year, when we moved to code orange, the Department stated:
Al-Qaida operatives also may attempt to launch conventional
attacks against U.S. nuclear/chemical-industrial
infrastructure to cause contamination, disruption and terror.
In our releases to our own people across this country, we identify this as a vulnerability. We ask our local law enforcement to protect the American people.
Based on information, nuclear power plants and industrial
chemical plants remain viable targets.
Now I go back to October 6 of last year. On that day, Homeland Security Secretary Ridge and EPA Administrator Whitman had a letter of theirs published in the Washington Post. In that letter they stated:
The Bush administration is committed to reducing the
vulnerability of America's chemical facilities to terrorist
attack and is working to enact bipartisan legislation that
would require such facilities to address their
vulnerabilities.
That was on October 6 last year. I think this is July 23.
The letter goes on to state:
We applaud the voluntary efforts some in the industry have
undertaken--
By the way, I do as well--
but we believe that every one of the 15,000 chemical
facilities nationwide that contain large quantities of
hazardous chemicals must be required to take the steps the
industry leaders are taking at their facilities: performing
comprehensive vulnerability assessments and then acting to
reduce those vulnerabilities.
Yet in spite of all of these public acknowledgments, comments and statements, we still have not been able to enact chemical security legislation. I introduced a bill back in October of 2001, and did a lot of compromising with a lot of folks on the EPW committee, addressing industry concerns. We reported out a bill 19 to 0. I reintroduced that legislation in this Congress. In April, I offered the bill with further modifications as an amendment to the Defense supplemental appropriations bill. The amendment was defeated on a point of order. In that bill, I actually included additional funds to help facilitate putting in security elements to make sure industry believed we were working as partners to accomplish it.
I will not be offering that legislation on this appropriations bill. I know it would be subject to a point of order. But I simply cannot let this legislation go through without drawing attention to an issue that just lingers and lingers. For the people of the State of New Jersey, and I know in all of these other States that I just talked about, this is a serious risk as we go forward.
In that regard, I want to commend Senator Byrd for recognizing the importance of this issue and including chemical security as a priority in his amendment yesterday. More than any other Senator, the senior Senator from West Virginia has consistently demanded that we do more on homeland security than talk about it. So I thank him for his leadership on homeland security in general, and more specifically for his attention to chemical plant security.
The amendment Senator Edwards and I are offering today is the chemical security portion of Senator Byrd's amendment. It appropriates $80 million for the Department to conduct vulnerability assessments at chemical facilities--simple, with none of the other stuff that is such an onerous problem for the industry. Just get an assessment of what the risks are.
We would not tolerate this with our nuclear plants in this country. We check them out all the time. We have a whole infrastructure to do it. We have these plants located--again, 123 right in the middle of our most vulnerable areas, our most densely populated areas. This $80 million is the amount the Congressional Budget Office has estimated it will cost to conduct vulnerability assessments nationwide.
Some have questioned whether we should legislate this as a priority. They argue that we have funds in the bill that could be used for this purpose and that we should let the Department identify infrastructure priorities as they see fit. That certainly does not jibe with the language I have heard Secretary Ridge, EPA Director Whitman, the GAO, and others talk about,
and I would respond that chemical plants have consistently been identified by every security expert and leader as a top priority. They must be addressed.
Last week, Rand Beers, who until recently was a senior director for combating terrorism on the Bush administration National Security Council, was asked the following question:
When we think about homeland security, what specifically
concerns you?
To which Mr. Beers replied:
We have looked at the chemical industries around the
country and have a very serious concern. There are a number
of these plants in locations around the country where an
explosion would create a catastrophic result which could
approximate the World Trade Center. These are areas where we
need the Federal Government to give the chemical industry the
guidelines that are necessary in order to protect those
plants, because for the plants to simply do it on their own
is going to create a great disadvantage to those who do and
an advantage to those who don't because it will cost money.
So it ought to be evened out across the industry.
I wish I had been as articulate as Mr. Beers. That is exactly what we need to be doing. By the way, it is unfair for those who are actually dealing with the problem relative to those who walk away from their responsibility in their communities.
Chemical plants were the first thing on Mr. Beers' list, and we have done nothing to address this threat. I think it is appropriate that we deal with it and give direction to the Department in this regard. This amendment, which would fund vulnerability assessments, is a positive step. It is one that we ought to take today. I also want to make it clear it is a first step, and we need to do more.
After we appropriate these funds, we will still have the task of passing authorizing legislation to assure appropriate security standards and accountability mechanisms are put in place, as Mr. Beers alluded to in his comments. We just have to get moving on this issue.
Earlier in the year, Senator Inhofe introduced his own bill on chemical plant security. There is much in that bill that I find positive. It does not go far enough, in my view, but it is a good first step. It is a great place to start. We need to get moving on this issue. We have people exposed to vulnerability that almost everyone recognizes and identifies. I think we need to get moving in the Congress, and I think the administration needs to step forward also.
Despite consistent statements in support of the concept of the legislation, it has not been pushed as a priority on the agenda. So I am calling on the President and Secretary Ridge to move on this issue. My goal is to truly develop bipartisan legislation, an effective approach that deals with the real vulnerability that we have; one that can move through this body and the House and be signed into law. For now, as a first step toward securing chemical plants, I urge my colleagues to support this simple amendment which will provide $80 million to the Department of Homeland Security to conduct vulnerability assessments at chemical plants. I urge my colleagues to support the amendment.
I yield the floor.
Pursuant to section 904 of the Congressional Budget Act 74, I move to waive the applicable sections of that act for the purposes of the pending amendment.
Mr. President, every department head, including the Director of Homeland Security, Secretary Ridge, has identified this as a priority. They have earmarked it, but we have yet to see the actual dollars flowing to meet the challenge that occurs in this area. Each day that goes by is another day of exposure to literally millions of Americans.
Given it is identified over and over again in the rhetoric and the memoranda to first responders across the country, in times of high tension and vulnerability, it seems to me we ought to single this out in a context that makes this a vulnerability that we will address. That is what my amendment is trying to do.
We have procrastinated long enough on an issue that is very important to the entire Nation with regard to these very serious vulnerabilities--100,000 Americans or more are at risk in 39 States. There are 123 facilities that expose more than 1 million people. That is why I make a point of bringing this up.
I appreciate the comments. I hope, with the dialog we are having, we will encourage the Homeland Security Department to be cognizant of the need to make these vulnerability assessments.
I yield back the floor.
Amendment No. 1351
Mr. President, I will reiterate the strong feeling that we need to address chemical plant security in this Nation. There has not been the attention that is due to the millions and millions of Americans who are exposed to the potential for toxic fumes from a potential terrorist attack.
These plants are identified as one of most vulnerable elements by the Department of Homeland Security. They are cited in each of the notices to move to code orange as requiring the attention of local law enforcement and the providers of safety for communities. I think it is time for Congress to take action to assess these vulnerabilities on a complete basis. I hope we will come back and have some stricter requirements that will also deal with it. But that is the first step.
I appreciate the help of my colleagues and urge support of the amendment.