Chemical Facility Security: Issues and Options for the 112th Congress [May 27, 2011] [open pdf - 324KB]
"The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 112th Congress extended this authority through October 4, 2011. The 111th Congress debated the scope and details of reauthorization. Some Members of Congress supported an extension, either short- or long-term, of the existing authority. Other Members called for revision and more extensive codification of chemical facility security regulatory provisions. The tension between continuing and changing the statutory authority was exacerbated by questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal funding for chemical facility security. […] Key policy issues debated in previous Congresses contributed to the reauthorization debate.These issues included the adequacy of DHS resources and effort; 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 universe of facilities that should be considered as chemical facilities; and the role of inherently safer technologies in achieving security goals."
CRS Report for Congress, R41642