Ohio Chemistry Technology Council The voice of Ohio’s high-tech chemistry community . . . making a better world for all Ohioans 88 E. Broad Street, Suite 1490 Columbus, Ohio 43215 (614) 224-1730 Fax: (614) 224-5168 Testimony in Support of Senate Bill 9 (Terrorism) Presented by Jack R. Pounds, President Ohio Chemistry Technology Council Before Judiciary Committee on Criminal Justice Ohio Senate Wednesday, February 9, 2005 Thank you, Chairman Jordan -- and members of the committee. I am Jack Pounds, President of the Ohio Chemistry Technology Council—the statewide trade association for Ohio’s manufacturers and marketers of the products of chemistry. Our organization represents more than 80 member companies, including small, medium, and large companies involved in the research and development, commercialization, production, sale, and distribution of chemical products. I appreciate the opportunity this morning to offer our organization’s support for Substitute Senate Bill 9, which contains a number of provisions that complement initiatives by government and industry to address threats posed by terrorists that involve chemicals and chemical facilities. Since the tragic attacks of September 11, 2001, security has been the highest priority for our member companies' facilities. In Ohio, our industry has forged a strong working relationship with Ohio Department of Public Safety officials in support the state Homeland Security effort. At the local and county levels, our member companies are working closely with government officials in addressing the threat of terrorism. Nationally, our industry has worked closely with the Department of Homeland Security and has strongly endorsed Federal regulations to tighten security at chemical facilities and in the transportation of hazardous materials. The companies in our industry that are members of the two major national industry trade associations (American Chemistry Council and Synthetic Organic Chemical Manufacturers Association) have implemented the industry-developed security initiative known as the Responsible Care Security Code of Management Practices. A copy of that code is attached to my testimony. This code mandates vulnerability assessments at all facilities in the industry that produce or store chemicals—and the implementation of appropriate security measures to address vulnerabilities identified. It also mandates close cooperation with government officials at the Federal, state, and local levels. To date, some 2040 chemical facilities across the United States—more than 100 of which are in Ohio--have completed the vulnerability assessments and have implemented appropriate security enhancements. Each of these facilities must have its assessment and security program audited by an independent third party that will certify it or identify modifications. In addition, the industry in Ohio is sharing security information and resources widely to provide all companies and organizations—regardless of their business—with tools that can assist them in developing security programs. The second attachment to my testimony identifies those resources that we provide freely to any party. From the perspective of our member companies, Substitute Senate Bill 9 complements these security initiatives by government and industry. Broadly, we believe that it is appropriate to criminalize acts of terror and deliberate actions that support terrorists. With specific regard to the threats of terrorist attacks on chemical facilities or the use of chemicals as weapons, we strongly endorse its provisions criminalizing such actions. We also endorse its intent to strengthen the Department of Public Safety’s authority and ability to address the terrorist threat to our industry’s facilities and the use of chemicals as weapons. Finally, I would like to commend Senator Jacobson's approach which is to address the real threat of terrorism while at the same time recognizing the need to protect legitimate production and use of chemistry technology that is critical to our modern lifestyle. Mr. Chairman, and members of the committee, I thank you for the opportunity to be here this morning.