FOR IMMEDIATE RELEASE April 2, 2007
LIEBERMAN REMAINS CONCERNED ABOUT FEDERAL PREEMPTION Anti-Preemption Language in Supplemental Appropriations Bill Still Necessary
WASHINGTON – Homeland Security and Governmental Affairs Committee Chairman Joe Lieberman, DI-Conn., issued the following statement Monday in reaction to the chemical security regulations announced by the Department of Homeland Security. “I commend the Department of Homeland Security for its work on regulations for chemical site security so that we may at long last begin a federal program to close this critical gap in our homeland security. I recognize the hard work that has gone into developing this program under tight deadlines and believe the rules include many sound proposals. “Unfortunately, the rules issued today do not put my concerns to rest regarding the matter of preemption. I appreciate that the Department has explained its intentions and provided some reassurance that it does not intend to displace existing law. But I remain concerned that these rules could still result in unnecessary and inappropriate preemption of stricter state or local chemical security standards. A strong anti preemption statement by Congress – such as the one contained in the Senate-passed supplemental appropriations bill – would help resolve this issue. That language specifies that state and local chemical security rules should not be overridden unless they squarely conflict with the federal program. “I am also disappointed that DHS did not revise the program to address other concerns I have raised, such as the need to provide greater accountability for the chemical security program and to promote the use of safer technologies as a way to reduce risk at these sites. I will continue to work with the Department, my colleagues and affected parties to ensure that we build a robust and effective chemical security program.” -30-