Chemical Facility Security: Reauthorization, Policy Issues, and Options for Congress
Abstract
The statutory authority to regulate chemical facilities for security purposes, granted to the Department of Homeland Security (DHS) by the 109th Congress, expires in October 2009. The 111th Congress is taking action to reauthorize this program, but the manner of its reauthorization remains an issue of congressional deliberation and debate. The Obama Administration and 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 authorities. The tension between continuing and changing the current regulatory program and statutory authority is exacerbated by questions regarding program effectiveness in reducing chemical facility risk and the sufficiency of federal funding for chemical facility security. The 109th Congress provided the Department of Homeland Security (DHS) with statutory authority to regulate chemical facilities for security purposes through the Homeland Security Appropriations Act, 2007 (P.L. 109-295, Section 550). The 110th Congress amended this statute through the Consolidated Appropriations Act, 2008 (P.L. 110-161), to specify that federal authority preempts state authority when state and local regulations have an "actual conflict." The DHS issued an interim final rule (72 Federal Register 17688-17745) on chemical facility security in April 2007. The DHS is implementing these regulations.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jul 13, 2009
- Accession Number
- ADA502743
Entities
People
- Dana A. Shea
Organizations
- Library of Congress