In 2006, the 109 th Congress passed legislation providing the Department of Homeland Security (DHS) with statutory authority to regulate chemical facilities for security purposes. Advocacy groups, stakeholders, and policy makers have called for Congress to reauthorize this authority, though they disagree about the preferred approach. Congressional policy makers have questioned the sufficiency of DHS efforts to identify these noncompliant "outlier" facilities. It describes several policy issues raised in previous debates regarding chemical facility security and identifies policy options for congressional consideration. For additional analysis of CFATS implementation, see CRS Report R43346, Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress . 4007 , which will provide new statutory authority through the Homeland Security Act to regulate chemical facilities for security purposes. The DHS has identified an additional factor in the delay of the inspection schedule: iteration between DHS and regulated entities regarding their site security plans. Inspection Rate

As of December 2014, 1,366 chemical facilities had been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with approval of inspected security measures by DHS. Several factors likely complicate and slow the inspection process. Some policy makers have questioned whether the low inspection rate is due to constraints in the number of chemical facility security inspectors hired by DHS or the availability of appropriated funding. Federal Preemption of State Activities

The original statute did not expressly address the issue of federal preemption of state and local chemical facility security statute or regulation. The DHS terminated some of these activities but continues others. Suggestions for such changes have included reducing the amount of chemical stored onsite and changing the chemicals used. Congress has directed DHS to detail and report to Congress the Department's definition of inherently safer technology as it relates to chemical facilities under the purview of CFATS. Many of the existing authorities are present in H.R. 4007 , but it also provides DHS with new authorities, such as the ability for certain covered chemical facilities to self-certify the sufficiency of their security plans. Of this legislation, the 113 th Congress has passed H.R. 4007

H.R. This bill will repeal Section 550 of P.L. 109-295 on the effective date of the act (30 days after enactment), but DHS may use the existing regulations and issue new regulations as necessary to implement the new authority. 68 was referred to the House Committee on Energy and Commerce and the House Committee on Homeland Security. Extend the Existing Authority

The current statutory authority to regulate security at chemical facilities expires on December 13, 2014. 4903 , Department of Homeland Security Appropriations Act, 2015, would extend the current statutory authority to October 4, 2015. The report cites "the continued delays in the implementation of the Chemical Facility Anti-terrorism Standards (CFATS) program" and "the Infrastructure Security Compliance Division's (ISCD) inability to mitigate real risks" as the reason for the decrease.
The Department of Homeland Security (DHS) has had statutory authority to regulate chemical facilities for security purposes since the 109th Congress. The 113th Congress extended this authority through December 13, 2014, and has passed H.R. 4007, which provides new statutory authority. Congressional policy makers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive codification of chemical facility security regulatory provisions. Questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal chemical facility security efforts exacerbate the tension between continuing current policies and changing the statutory authority.
Congressional policy makers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. Since then, the site security plans for 900 chemical facilities have been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS. Additionally, DHS has inspected some facilities for subsequent compliance activities. Several factors, including the amount of detailed information provided to DHS, the effectiveness of DHS program management, and the availability of CFATS inspectors, likely complicate the inspection process and lead to delays in inspection. Policy makers have questioned whether the compliance rate with CFATS is sufficient to mitigate this homeland security risk. For additional analysis of CFATS implementation, see CRS Report R43346, Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress.
Key policy issues debated in previous Congresses contribute to the current reauthorization debate. These issues include the adequacy of DHS resources and efforts; the appropriateness and scope of federal preemption of state chemical facility security activities; the availability of information for public comment, potential litigation, and congressional oversight; the range of chemical facilities identified by DHS; and the ability of inherently safer technologies to achieve security goals.
The 113th Congress considered various approaches to this issue. Both the House and Senate homeland security appropriations acts would extend the duration of the statutory authority until October 4, 2015. The House and the Senate have passed an amended version of H.R. 4007. This bill will repeal Section 550 of P.L. 109-295 on the effective date of the act (30 days after enactment), and authorize the DHS to regulate chemical facilities for security purposes through the Homeland Security Act. Many of the existing authorities are present in H.R. 4007, but it also provides DHS with new authorities, such as the ability for certain covered chemical facilities to self-certify the sufficiency of their security plans. The DHS may use the existing regulations and issue new regulations as necessary to implement the new authority.