[Congressional Record Volume 153, Number 49 (Wednesday, March 21, 2007)]
[Extensions of Remarks]
[Page E599]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    THE SAFE FACILITIES ACT OF 2007

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                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                        Tuesday, March 20, 2007

  Mr. SMITH of New Jersey. Madam Speaker, last night I introduced 
legislation, the ``Safe Facilities Act of 2007,'' H.R. 1574, to promote 
and protect increased safety measures at chemical security plants. 
Specifically, my legislation would prohibit any federal law, regulation 
or agency from preempting any State chemical facility safety 
stipulation which may be more rigorous then the new federal 
regulations.
  As you know, Madam Speaker, last fall Congress passed the Homeland 
Security Appropriations Act of 2007 which granted the Department of 
Homeland Security (DHS) the authority to draft ``interim final 
regulations'' regarding plant security. While these standards are a 
necessary baseline for nationwide consideration, the federal 
regulations must represent a floor, not a ceiling, by which States may 
structure their own security standards. Federal regulations should not 
be written in such a way to undermine exiting State statues, which in 
cases like New Jersey are current and robust.
  While I agree with some of the implementation provisions outlined in 
the interim regulations, my legislation repeals the provision allowing 
the federal law to preempt the state law. It is particularly difficult 
to find merit in the Department's plan to preempt state standards since 
the authorizing statute, Public Law 109-295, was intentionally silent 
on this issue. The very fact that the legislation did not include a 
specific preemption should be taken as the signal of Congressional 
intent to allow states to implement stricter standards if they act to 
do so. Federal laws should provide a framework for state laws, 
buttressing and enhancing existing state statutes not eradicating or 
replacing laws which in some cases may be more protective.
  As you are well aware, September 11, 2001 changed the life of every 
single American--including the life of every resident in New Jersey. 
Nearly 700 New Jersey residents lost their lives including many from 
the 4th Congressional District which I represent in central Jersey. 
Regrettably, the most densely populated state in the Union is also well 
acquainted with bio-terror attacks including the subsequent anthrax 
attack at the U.S. Postal facility in Hamilton, also in my 
Congressional District. With over 100 major chemical facilities in the 
State of New Jersey, lawmakers, experts in the field of science, and 
residents alike are keen to the importance of securing New Jersey's 
vital infrastructure which could potentially be used as a weapon by a 
terrorist.
  Immediately following the attacks in 2001 and in preparation for the 
``worst case scenarios'' in the event of another terrorist attack, New 
Jersey established the Domestic Security Preparedness Task Force to 
develop the best security practices and encourage each chemical 
facility in the state to evaluate security threats and plant 
vulnerabilities as well as the consequences of a chemical release. In 
2005, the best practices became mandatory for New Jersey's facilities. 
All of New Jersey's facilities are now required to prepare a site-
specific, risk and vulnerability assessment, emergency incident 
prevention and response plan and require worker participation in their 
security assessments. In addition, 43 chemical facilities subject to 
the Toxic Catastrophe Prevention Act (TCPA) state program are also 
required to explore the feasibility of inherently safer technologies as 
part of state security and preparedness plans.
  New Jersey is no stranger to danger when it comes to vulnerabilities 
in a post 9/11 world. We are acutely aware of the terrorist threat and 
thus we will not be passive in our fight to prevent future 
catastrophes. The Garden State is the first state in the Nation to 
implement vigorous plant security practices and continues to research 
and develop strategies to improve and enhance current standards and 
regulations. The federal government has no business undermining the 
efforts of New Jersey, or any State for that matter, in providing the 
greatest level of protection for our citizens.

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