June 23, 2003
The Honorable Donald H. Rumsfeld Dear Secretary Rumsfeld: On May 16, 2003, we wrote to you about our serious concern over the potential threat posed by perchlorate contamination at Department of Defense (DOD) facilities and requested that you provide us with information on the nature and extent of that threat. Specifically, we asked for the responses to a survey DOD initiated in the Spring of 2001 on potential perchlorate contamination at active and closed facilities. We also requested information relating to potential perchlorate contamination on the 131 DOD facilities on the Superfund National Priorities List. Finally, we asked for information relating to a November 13 2002, Perchlorate Assessment Policy issued by Assistant Under Secretary of Defense John Woodley. The responses to the survey were due back to us on June 6, 2003. The responses to the other requests were due to back to us on June 13, 2003. When we did not receive a timely answer to our first request for the survey, we contacted your office and were informed that none of the information would be provided in the time frames requested. In fact, we were further informed that due to the highly sensitive nature of the perchlorate issue, there would need to be extensive review and discussion before any information would be provided at all. DOD has an unfortunate history of failing to disclose information on the perchlorate issue. Years have passed since the perchlorate survey was done and the complete responses to that survey have yet to be made available. The threat to public health and water resources can continue unabated if information is covered up or hidden from the public. This is an unacceptable result. Given the potential threat, it is unconscionable to take indefinite periods of time to provide critical information to the public. Our concern will only grow if delay is used to redact and remove information that may affect public health. As the perchlorate survey itself states, "early identification is critical in order to help evaluate potential risks to soils, groundwater, and drinking water." It also states that "all DOD facilities (active and closed) dating back to 1950 which could have had perchlorate exposure must be identified as quickly as possible." Our requests are overdue and a response should be provided immediately. If you do not intend to comply with our request in a timely fashion, please indicate a date certain when you will be providing a comprehensive response. If you have any questions about these requests, please contact us or have your staff contact Bettina Poirier, Committee on Energy and Commerce Democratic staff, at 202-225-3641 or Laura Rodriguez in Representative Solis’s office at 202-225-5464. Thank you for your attention to this request. Sincerely, JOHN D. DINGELL HILDA L. SOLIS cc: The Honorable W. J. "Billy" Tauzin, Chairman The Honorable Paul E. Gillmor, Chairman The Honorable Christine Todd Whitman,
Administrator
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