Subsequent Congresses have extended this authority. This statutory authority expires on March 27, 2013. The Obama Administration has requested extension of this authority until October 4, 2013. Both FY2013 homeland security appropriations bills ( S. 3216 and H.R. 5855 ) would extend the existing authority until October 4, 2013. The DHS has responded to the House-passed funding level, stating that this level of appropriations would 
drastically curtail DHS's ability to: 1) implement the statutory and regulatory requirements for the security of high-risk chemical facilities as specified in CFATS; 2) continue development of the proposed Ammonium Nitrate Security Program; and 3) fully implement the program improvements identified in the ISCD Action Plan. Some issues, such as whether DHS has sufficient funds to adequately oversee chemical facility security; whether federal chemical facility security regulations should preempt state regulations; and how much chemical security information individuals may share outside of the facility and the federal government, will exist even if Congress extends the existing statutory authority without changes. Rate of Inspection

As of September 2012, two chemical facilities have completed the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of security measures by DHS. Several factors likely complicate and slow the inspection process. 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. Suggestions for such changes have included reducing the amount of chemical stored onsite and changing the chemicals used. Congress might also take legislative action to extend further the existing statutory authority by revising or repealing its sunset provision; codify the existing regulations; amend the existing statutory authority; address existing programmatic activities; or restrict or expand the scope of chemical facility security regulation. In the case where Congress allows the statutory authority to expire, but Congress appropriates funds for enforcing the CFATS program, DHS will likely be able to enforce the CFATS regulations. The removal of the sunset date would maintain the current discretion granted to the Secretary of Homeland Security to develop regulations and might allow assessment of the efficacy of the existing regulations. The DHS and the Environmental Protection Agency (EPA) have called for additional authorities to regulate water and wastewater treatment facilities:
The Department of Homeland Security and the Environmental Protection Agency believe that there is an important gap in the framework for regulating the security of chemicals at water and wastewater treatment facilities in the United States. The Senate Committee on Appropriations, in the report accompanying S. 3216 , Department of Homeland Security Appropriations Bill, 2013, directs the DHS Deputy Secretary to continue to report on efforts to harmonize chemical security responsibilities. Congress could choose to continue the current policy or provide DHS with statutory authority regarding inherently safer technologies at regulated chemical facilities. Congress might choose to amend the existing statutory authority to address policy concerns. 112-175 ) extends the statutory authority through March 27, 2013, and provides appropriations for CFATS implementation. Congress is considering extending the existing authority through authorization legislation. 901

H.R. H.R. 908 , the Full Implementation of the Chemical Facility Anti-Terrorism Standards Act, was reported as amended by the House Committee on Energy and Commerce. 916

H.R. 2055/P.L. S. 473

S. 473 , the Continuing Chemical Facilities Antiterrorism Security Act of 2011, was reported with an amendment by the Senate Committee on Homeland Security and Governmental Affairs. 225

H.R. 225 , the Chemical Facility Security Improvement Act of 2011, was referred to the House Committee on Energy and Commerce and the House Committee on Homeland Security. 2890

H.R.
The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 112th Congress has extended this authority through March 27, 2013. The Obama Administration has requested extension of this authority until October 4, 2013. Congressional policymakers have debated the scope and details of reauthorization and continue to consider legislation establishing an authority with longer duration. Some Members of Congress support 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 funding for chemical facility security exacerbate the tension between continuing current policies and changing the statutory authority.
Congressional policymakers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. No chemical facilities have completed the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS. Several factors, including the amount of detailed information provided to DHS, effectiveness of DHS program management, and the availability of CFATS inspectors, likely complicate the inspection process and lead to delays in inspection. Policymakers have questioned whether the compliance rate with CFATS is sufficient to address this homeland security issue.
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 112th Congress might take various approaches to this issue. Congress might allow the statutory authority to expire but continue providing appropriations to administer the regulations. Congress might permanently or temporarily extend the statutory authority to observe the impact of the current regulations and, if necessary, address any perceived weaknesses at a later date. Congress might codify the existing regulations in statute and reduce the discretion available to the Secretary of Homeland Security to change the current regulatory framework. Alternatively, Congress might substantively change the current regulation's implementation, scope, or impact by amending the existing statute or creating a new one. Finally, Congress might choose to terminate the program by allowing its authority to lapse and removing funding for the program. This would leave regulation of chemical facility security to state and local governments.
Both appropriation and authorization legislation in the 112th Congress address chemical facility security. P.L. 112-175 extended the existing authority until March 27, 2013. Both FY2013 homeland security appropriations bills (S. 3216 and H.R. 5855, as passed by the House) would extend the existing authority until October 4, 2013. Authorizing legislation includes H.R. 225; H.R. 901, reported as amended by the House Committee on Homeland Security and referred to the House Committee on Energy and Commerce; H.R. 908, reported as amended by the House Committee on Energy and Commerce; H.R. 916; H.R. 2890; S. 473, reported as amended by the Senate Committee on Homeland Security and Governmental Affairs; S. 709; and S. 711.