January 23, 2003
The Honorable George W. Bush Dear President Bush: In 1999, Congress passed and President Clinton signed the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (P.L. 106-40). This statute required the Attorney General of the United States to evaluate the vulnerability of chemical facilities and related transportation of regulated substances to criminal and terrorist activity and submit a final report by August 5, 2002. For more than six months, and without justification, the Attorney General has failed to comply with this requirement of federal law which was intended to assist in protecting the public from terrorist attacks at chemical facilities or rail tank cars containing hazardous chemical substances. The failure to complete, or even initiate the evaluation leading to, a final report has occurred as numerous government reports and news media investigations have found chemical facilities extremely vulnerable to terrorist attack and the consequences of such an attack devastating to millions of Americans. One government agency reportedly has found that there are 123 industrial facilities in 24 states at which an accident could expose more than one million people to highly toxic and potentially fatal chemicals. In Kentucky, there was a recent news report of rail tank cars of toxic chemicals for chemical plants being stored next to an elementary school. I have attempted twice in letters dated June 28, 2002, and October 10, 2002, (attached) to call Attorney General Ashcroft’s attention to the Federal mandate to evaluate the security of chemical facilities but he has neither acted nor provided the courtesy of a response. I respectfully request that you instruct Attorney General Ashcroft to carry out the Federal law in this matter of critical importance to homeland security, and that you take appropriate action if he fails to do so. Sincerely, JOHN D. DINGELL cc: The Honorable W. J. "Billy" Tauzin, Chairman The Honorable John Ashcroft, Attorney General The Honorable Tom Ridge, Secretary | |
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