U.S. Chamber Expresses Concern Over Chemical Security Legislation

'Citizen suit provision would undercut national efforts to keep security information out of the hands of bad actors,' Beauchesne says

WASHINGTON, D.C.—The U.S. Chamber of Commerce today joined 26 associations representing the leading manufacturers, users, and distributors of chemical and petrochemical products in the United States to express their concern to Congress over chemical security legislation that would, among other things, lead to public disclosure of sensitive or classified information in citizen suits.

The letter to the leadership of the House Energy and Commerce Committee, in advance of a hearing this week on chemical security legislation, states that the organizations oppose provisions in the bill that would allow "any person" to bring lawsuits against regulated facilities or the Department of Homeland Security (DHS) to enforce compliance with the act. It echoes the administration's opposition to the citizen suit measure, and notes that the provision would encourage costly litigation and invite disclosure of sensitive information that could be used by terrorists.

"Lawmakers should show restraint and not enact measures that would force companies to publicly disclose highly sensitive information that could assist bad actors with threatening their chemical facilities," said Ann Beauchesne, the Chamber's vice president of National Security and Emergency Preparedness.

The Chamber expressed its opposition to government mandating that chemical facilities assess or implement so-called inherently safer technologies. "The risk- and performance-based Chemical Facility Anti-Terrorism Standards (CFATS) program already gives facility owners and operators powerful incentives to implement enhanced security measures, improve processes, and substitute safer chemicals," the letter said. The Chamber also endorsed a single, federal arrangement for advancing chemical security rather than a patchwork of differing and potentially conflicting state rules.

Since 2006, businesses have committed approximately $4 billion toward making their chemical facilities more secure and resilient in an all-hazards context. Industry partnerships with DHS, dedicated to implementing the CFATS program, are a leading example of this effort.

The letter is available at: http://www.uschamber.com/issues/letters/2009/090928_hr2868.htm

The U.S. Chamber is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

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