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WASHINGTON, D.C. -- U.S. Sens. Frank R. Lautenberg (D-NJ) and Robert Menendez (D-NJ) and U.S. Rep. Frank Pallone, Jr. (D-NJ) today blasted the U.S. Department of Homeland Security (DHS) for proposing a federal rule that would preempt New Jersey's existing chemical security regulations.
The three lawmakers submitted extensive comments as part of the public comment period for a DHS proposed regulation to develop temporary federal regulations to help secure chemical facilities. [A copy of that letter is attached.]
The regulation was developed in response to a legislative provision in the Fiscal Year 2007 Homeland Security Appropriations Act passed in 2006 Although that provision did not give the Department the right to preempt state or local laws on the subject, the Department's recent proposal assumed such authority.
"As representatives of the citizens of New Jersey, we simply cannot accept a proposed regulatory scheme that requires our constituents to rely upon the best efforts of private companies and this Administration to ensure their safety from terrorist attacks on chemical facilities in their communities," the three New Jersey lawmakers wrote.
In 2005, New Jersey implemented Chemical Security Sector Best Practices, requiring all chemical facilities in the state to comply with security standards, conduct an assessment of their vulnerability to terrorist attacks, develop prevention, preparedness, and response plans to minimize such attacks, and review whether it would be practical to use safer materials or processes.
"New Jersey took steps to improve its security after 9/11, and it may need to take additional steps in the future," Lautenberg, Pallone and Menendez continued in their public comment letter. "We strongly oppose any efforts by DHS and the rest of this Administration to prevent it from doing so."
Lautenberg and Pallone have introduced comprehensive chemical security bills in previous Congresses and announced their intention to do so during this Congress. |
