Testimony of Robert M. Burnham, Chief, Domestic Terrorism
Section, FBI
Before the United
States House of Representatives, Committee on Commerce
February 10, 1999
"Potential Effects of
Electronic Dissemination of Chemical 'Worst Case Senarios'
Data"
Good morning Mr. Chairmen and
members of the Committee my name is Robert M. Burnham, and
I am the current Chief of the Domestic Terrorism Section at
FBI Headquarters. I previously served as the Assistance Special
Agent in Charge (ASAC) of the Memphis Field Office of the
FBI. I am pleased to have this opportunity to discuss the
potential effects of electronic dissemination of chemical
"worst case scenarios" data.
The FBI is aware of the need
to aggressively pursue environmental crimes, and fully supports
the Clean Air Act (CAA) and the spirit of the Community Right
to Know legislation. We understand the competing issues at
stake here, between providing the necessary information to
the community, which allows them to make informed decisions
on local planning and preparedness issues, and limiting the
distribution of information that can be used against those
same communities in a criminal manner. The FBI has worked
with the EPA to identify those sections of the Risk Management
Plans (RMP) that we believe can be directly utilized as a
targeting mechanism in a terrorist or criminal attack. The
FBI has recommended that certain data from the RMP, the "Worst
Case Scenario" information, be distributed via a secure
electronic system to state and local government agencies,
and that the affected community be the final arbiter of how
to further disseminate this information, in a manner consistent
with existing legislation.
On December 14, 1997, representatives
of the FBI's Weapon of Mass Destruction Operations Unit (WMDOU)
were invited to a meeting at the EPA. It was at this time
that the FBI first became aware of a plan by EPA to post the
RMP, including the "Worst Case Scenarios" - also
known as the Offsite Consequence Analysis (OCA) - on the Internet,
in a searchable format. It was the FBI's understanding that
EPA believed this was the easiest and most cost effective
method by which to comply with federal regulation, which requires
that the RMPs be submitted to the EPA, and be made available
to the public. The WMDOU representatives were at first unfamiliar
with the underlying legislation relating to the RMPs. The
WMDOU contacted other federal law enforcement and intelligence
agencies, as well as the Environmental Crimes and Terrorism
and Violent Crimes Sections of the Department of Justice,
to discuss issues raised by the EPA's Internet distribution
plans.
The FBI believes there are legitimate
law enforcement concerns about the potential misuse of OCA
data. Specifically, of great concern to the WMDOU at the time,
was a recent case that highlighted the potential danger associated
with a criminal attack on a chemical facility. The FBI case,
code named SOURGAS, involved four KKK members who plotted
to place an improvised explosive devise on a hydrogen sulfide
tank at a refinery near Dallas, Texas. The FBI was able to
infiltrate the group prior to the attack. A surveillance tape
shows two of the subjects discussing the potential death of
hundreds of area residents. At one point when the discussion
turned to the children who may have become victims, one subject
turned to her husband and said, "If it has to be... it
has to be." This cold-blooded killing was to take place
merely as a diversion for an armored car robbery the group
intended to commit on the other side of town.
This real life incident highlights
better than any scenario we could create, how worldwide unfettered
access to this information could be used to facilitate a criminal
or terrorist attack in the U.S.
The FBI applauds the gains made
in accident prevention and chemical safety over recent years
and encourages the cooperation between industry and the communities
that has brought about this success. We believe that providing
this information to communities in the appropriate manner
contributes to an increase in safety in those neighborhoods.
Through our discussions over the past year with the EPA, others
federal agencies and affected parties, we have arrived at
recommendations which we believe balance these concerns and
give the communities, state and local agencies and the academic
and research communities, appropriate access to this information.
Those recommendations were provided to the committee in a
report submitted by the FBI in October of last year. However,
as the EPA will discuss today they have made no decisions
on those recommendations. The FBI continues to work with the
EPA to assist in evaluating in these recommendations and will
continue to participate in discussions within the Administration
on an appropriate course of action that balances the need
to prevent criminal action with the public's right to information.
Mr. Chairmen, thank you for
the opportunity to appear before you today. I would be happy
to attempt to answer any questions that you may have.
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