On March 30, Sens. Frank Lautenberg (D-NJ) and Barack Obama (D-IL) introduced a new bill on chemical plant security, The Chemical Security and Safety Act, with a major improvement over current chemical security proposals: it includes a requirement that chemical plants consider inherently safer technologies. The bill also establishes a more active role for the U.S. Environmental Protection Agency (EPA) in the implementation of chemical security requirements.

The Chemical Security and Safety Act would require that the Department of Homeland Security (DHS) work with EPA, as well as states, to identify "high-priority" facilities that would receive priority oversight. In coordination with EPA and state and local agencies, DHS would establish regulations requiring high-priority facilities to develop a prevention, preparedness and response plan after conducting a vulnerability assessment. The bill would also require companies to evaluate the possibility of using less dangerous chemicals and technologies as part of the vulnerability assessments and prevention plans. Under the Lautenberg-Obama bill, companies would be required to implement any feasible safer technologies in order to minimize damage done by a terrorist attack on a chemical plant.

Currently, the lead legislation in the Senate is The Chemical Facility Anti-Terrorism Act of 2005 co-sponsored by Sens. Susan Collins (R-ME) and Joseph Lieberman (D-CT), the Chair and ranking minority member respectively for the Homeland Security and Governmental Affairs Committee. While describing the Collins-Lieberman bill as a good first step, the Democratic senators explained that they introduced the new tougher legislation to raise the bar on chemical security legislation. Lautenberg and Obama hope to have some of their stronger provisions incorporated into the Collin-Lieberman bill.

In a March 21 speech to a chemical industry conference, DHS Secretary Michael Chertoff recently called for federal legislation. However, critics believe that Chertoff's approach would be overly lenient on the chemical industry. Lautenberg characterized the DHS proposal as "weak" and "tepid," stating that it was the "Trust the chemical industry; they will do the right thing" approach.

The new bill included Sens. John Kerry (D-MA), Joe Biden (D-DE), Richard Durbin (D-IL), and Robert Mendez (D-NJ) among its cosponsors.

No date has yet been scheduled for a markup of the Collins-Lieberman bill. Lieberman has stated his intention to offer an amendment on inherent safety when the bill is marked up.