US House vote said to undermine plant security

15 June 2007 22:32  [Source: ICIS news]

WASHINGTON (ICIS news)--The US House of Representatives approved a national security spending bill on Friday that chemical industry officials said could undermine antiterrorism protective measures now being put in place at high-risk chemical plants.

 

The House approved a fiscal year 2008 appropriations bill for the Department of Homeland Security that included language amending the existing chemical plant site security law that the department has just begun to enforce.

 

A chemical site security law passed by Congress late last year went into force under the Homeland Security Department as of last Friday, 8 June. The law establishes the first federal mandate to set and enforce security measures at high risk chemical plants that could be potential targets for terrorists.

 

The amendments approved on Friday in the House would allow individual states to set their own plant site security rules even if they conflict with the new federal rules.  They also would lower the level of confidentiality for security information that chemical companies must provide to the department in implementing antiterrorism protection measures.

 

Maurice McBride, associate counsel at the National Petrochemical & Refiners Association (NPRA), said the House action is “ill-advised”. McBride said the amendment’s change to confidentiality protections for information provided to the department would make it easier for someone to disclose security plans that could help adversaries plan an attack.

 

He also expressed disappointment with the House vote to void the existing regulations’ provision for federal pre-emption of state law. “This is a national homeland security issue, and having states and even local authorities create regulations different from federal law could lead to a lot of confusion and a lack of certainty for security investments,” he said.

 

Scott Jensen, a spokesman for the American Chemistry Council (ACC), said of Friday’s House vote:  “We don’t believe that the House amendments provide an appropriate level of pre-emption or adequate protection for sensitive information.”

 

The Senate is to begin consideration next week of its own version of the spending bill.  The Senate bill makes no changes to the current site security law’s stronger provisions for protecting facility security information.  It does allow states to enact their own plant protection rules, but it would allow federal pre-emption of any state laws that conflict with federal enforcement.

 

After the Senate completes action on its version of the spending bill, perhaps next week, the two versions will go to a House-Senate conference committee where differences will be ironed out.

By: Joe Kamalick
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