Pete Domenici: “The effect of silence on the chemical security language in question is clear. Federal law that is silent in this way can…”

“The effect of silence on the chemical security language in question is clear. Federal law that is silent in this way can still occupy the field and impliedly preempt any State legislation on the same topic. Further, the precedence for Federal preemption in regulatory matters dealing with security is clear. In the interest of national security, the Nuclear Regulatory Commission was created to oversee the nuclear facilities. Given the importance of this critical infrastructure and the clear national security concerns, the Federal Government has exclusive regulatory authority. I concur with my colleagues who have noted that in matters of national security the Federal Government should perform its constitutional duty to defend the homeland.”