Lawmakers settle on measure to protect chemical plants

Senate and House homeland security authorizers have agreed on legislation that would allow the government to regulate security at chemical facilities, but at least one influential senator is still pushing for somewhat different language.

The agreement -- which was reached by Senate Homeland Security and Governmental Affairs Committee Chairwoman Susan Collins, R-Maine, and House Homeland Security Committee Chairman Peter King, R-N.Y., late Thursday -- will be submitted to House and Senate appropriators for inclusion in the fiscal 2007 Homeland Security Department appropriations bill.

The agreement would: give the department the authority to require high risk chemical facilities to implement security measures; establish risk-based and performance-based standards for facilities; require chemical plants to conduct vulnerability assessments and create and implement site security plants; and allow the closure of facilities that do not comply.

Notably, the agreement would allow states to pass stricter security measures than federal standards, a House Republican aide said. However, it would not give the department the authority to require facilities to use less dangerous chemicals and processes, or what is commonly referred to as "inherently safer technology," the aide added. The legislation would not prohibit plants from using such technologies, either.

The agreement also would not give Homeland Security the authority to regulate wastewater or drinking-water facilities, or facilities owned or operated by the Defense or Energy departments, the aide said. And the legislation would sunset after three years.

A House GOP aide said the Collins-King language has leadership support. Appropriators plan to meet late Monday to conference the spending bill. Senate Homeland Security Appropriations Subcommittee Chairman Judd Gregg, R-N.H., called the agreement "a positive step" but did not commit to supporting it.

Sen. George Voinovich, R-Ohio, is still pushing a slightly different proposal for chemical security. He and 33 senators on Monday sent a letter to Senate Majority Leader Bill Frist, R-Tenn., and Gregg in support of that proposal. It would only apply to facilities that present the highest levels of risk, would not allow the closure of facilities and would not sunset.

"He will continue to work with key people to advance this position until we reach a true agreement," a Senate GOP aide said of Voinovich. The aide added that Voinovich believed King also supported his proposal. An aide to King said King was reviewing several proposals but never agreed to Voinovich's language as being final.