House Committee Holds Hearing on Publishing Disaster Data on Internet

(February 11, 1999) Two subcommittees of the House Commerce Committee held a joint hearing on February 10 on a statute set to take effect shortly that might result in the publication on the Internet of data from operators of facilities with hazardous materials, including their "worst case scenario" information about threats posed by their hazardous chemicals. The hearing was held because Committee Chairman Bliley, and the FBI, had expressed concerns that this information on the Internet could be accessed and searched from anywhere by anyone, including terrorists looking for targets that would cause the greatest loss of life.

Many Representatives (mostly Republicans) opposed the current scheme, and warned that hazardous materials data posted on the Internet would provide a "road map for terrorists." However, other Representatives (mostly Democrats) defended the requirement as vital for providing people with much needed information about the environmental threats to their communities.

The hearing was conducted jointly by the Health and Environment Subcommittee and the Oversight and Investigations Subcommittee. It was co-chaired by Rep. Michael Bilirakis (R-FL) and Rep. Fred Upton (R-MI), the chairman of these two subcommittees.

Rep. Bilirakis explained the issue as follows:

"Section 112(r)(7) of the Clean Air Act requires, in part,  that risk management plans prepared by operators and owners and operators of stationary sources shall be registered with the EPA, and further made available to the public under Section 114(c) of the Act. Furthermore, legal opinions from the Department of Justice and EPA indicate that EPA may be required to make risk management plans public in an electronic format, if the information is submitted in that format. Clearly, then, there is a danger, that even the best intentions by EPA concerning the dissemination of sensitive data may be overridden by new technology, and the requirements of black letter law. Internet access is not only a question of speed, but the ability to search for specific information ...

"We must be prepared to weigh the goals of the Clean Air Act against the competing considerations of national, community, and personal security," concluded Bilirakis.

Rep. Sherrod Brown (D-OH), the ranking minority member, stated that "the worst case scenario data that the EPA is directed to collect and disseminate would give the location and potential effects of an accident, but it would not in any way provide a blueprint for terrorist attacks."

Rep. Upton pointed out that the statute does not specify the means by which the information must be disseminated. He argued that putting it on the Internet would be dangerous.

"The widespread electronic dissemination of this worst case scenario information on the Internet will in fact provide a road map for terrorists, putting communities across the country in in great danger of targeted terrorist attacks, planned with information proved in user friendly format by our own government."

Commerce Committee Chairman Tom Bliley (R-VA) stated that when the statute was passed people did not contemplate that it would be posted on the Internet. "Outside of a small group of researchers, no one knew what the world wide web was back then." He also stated that it is disturbing that this data "could be searched from Boston to Baghdad."

One Republican, Rep. Tom Coburn (R-OK), stated that the information did not pose a serious threat. Otherwise, opposition to the Bliley and FBI proposal came from the Democratic side. Rep. Bart Stupak (D-MI) and Rep. Diana DeGette (D-CO) lead the opposition. Rep. Anna Eshoo (D-CA) took no position, and said "I don't see this as a partisan issue."

Also, Rep. Ron Klink (D-PA) summed up the issue: "I think we are looking for problems that don't exist."

The lengthy event including statements by many members of the subcommittees, and three panels of witnesses. The large hearing room was packed at the outset, and remained so throughout the opening statements of Representatives. By the end, however, the room was almost empty.

The first panel was made up of current and former public safety officials who are concerned that the information would be an aid to terrorists.

The second panel was comprised of Robert Burnham, of the FBI, and Fields, of the Environmental Protection Agency. Burnham, who is Chief of the FBI's Domestic Terrorism Section, testified that,

The FBI believes that there are legitimate law enforcement concerns about the potential misuse of OCA data. ... worldwide unfettered access to this data could be used to facilitate a criminal  or terrorist attack in the U.S."

Timothy Fields stated in response to questions from Rep. Sherrod Brown that the data that will go online "would not tell a terrorist how to cause an accident at that facility." Fields concluded that "we think that it is premature to talk about legislation at this time."

The third panel included representatives from the environmental community, worker safety groups, and industry.

The Representatives who participated in the hearing included Tom Barrett (D-WI), Brian Bilbray (R-CA), Michael Bilirakis (R-FL), Tom Bliley (R-VA), Roy Blunt (R-MO), Sherrod Brown (D-OH), Ed Bryant (R-TN), Lois Capps (D-CA), Barbara Cubin (R-WY), Diana DeGette (D-CO), Gene Green (D-TX), Anna Eshoo (D-CA), Karen McCarthy (D-MO), Ron Klink (D-PA), Bart Stupak (D-MI), and Fred Upton (R-MI),