Senator Lautenberg Chemical Security Provision Included In Omnibus Spending Bill

Provision would block Bush Administration from nullifying laws like New Jersey's to protect chemical facilites from chemical attack

December 17, 2007 -- WASHINGTON, D.C. – The just-released, final Omnibus appropriations bill jointly negotiated by the Senate and House includes a provision authored by Senator Frank R. Lautenberg (D-NJ) to block the Bush Administration from preempting state chemical security laws.

“The Bush Administration should not prevent states from protecting their residents from chemical attacks,” said Sen. Lautenberg. “My provision is essential to all states, especially New Jersey, which has the strongest chemical security laws in the nation. We continue to fight back special interests in Washington and the Bush Administration to preserve the right of states to protect themselves from an attack on their chemical facilities. I am hopeful my provision will soon become law.”

The "Lautenberg language" on chemical security overcame a vigorous campaign from the Bush Administration and its allies who fought the ability of states to enact stronger laws than the federal government.

The provision passed the Senate as part of the FY 2008 Department of Homeland Security Appropriations bill in July, and has been included in the omnibus appropriations bill, which must be approved by both the House and Senate before heading to the President for his signature.

The co-chairs of the September 11th Commission, former Gov. Tom Kean and former Rep. Lee Hamilton, joined the National Governors Association, the National Conference of State Legislatures, and others in support of the Lautenberg chemical security provision.

In April, the Bush Administration issued regulations attempting to preempt state and local governments from adopting stronger chemical security protections than those adopted by the Department of Homeland Security. New Jersey has the strongest chemical security laws in the nation. The Lautenberg language in the bill preserves states' rights to craft stronger chemical security laws than the federal government if they deem those laws necessary to protect their residents.

Lautenberg wrote Congress' first chemical security bill in 1999 and is a long-time advocate for improved chemical security.

Source: Senator Frank R. Lautenberg

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