2011 Budget Released; Includes One-Year CFATS Extension

Last week, the White House released the 2011 Budget which, among other things, authorizes a second one-year extension of the Chemical Facility Anti-Terrorism Standards (CFATS), originally authorized in Section 550 of the Department of Homeland Security Appropriations Act of 2007 [Pub. L. 109-295]. CFATS was set to sunset in October 2009, but received an initial one-year extension late last year in the 2010 Department of Homeland Security Appropriations Act [Pub. L. 111-83]. The 2011 Budget Justifications for the Department of Homeland Security state:

Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 note), as amended by section 550 of the Department of Homeland Security Appropriations Act, 2010 (Public Law 111–83), is further amended by striking ["three years after the date of enactment of this Act'' and inserting] "on October 4, 2010'' and inserting "on October 4, 2011".

Both the Senate and the House of Representatives have made recent movement towards passing long-term chemical facility security legislation. The House passed H.R. 2868 in November, which contains provisions for chemical facility security, drinking water facility security, and security at waste water treatment works. Last week, members of the Senate introduced a bill that would extend the 2007 Appropriations Act's authorization of CFATS until October 4, 2015. While the 2011 Budget CFATS extension clause would not preclude Congressional action towards permanent legislation, it would allow current CFATS regulatory movement by DHS to continue until the end of 2011.