backIntroduction
While Congress continues to work to finalize the federal budget for FY 2026, Congress has passed, and President Trump has signed into law, a series of bills that fund most of the federal government. One of these appropriations bills, which funds the U.S. Environmental Protection Agency and the Departments of Commerce, Energy, Interior, and Justice, also funds the U.S. Chemical Safety and Hazard Investigation Board (“CSB”).
CSB Funding Details
CSB funding has long been a focal point for President Trump. During his first administration, President Trump targeted the agency for defunding, yet Congress continued to include funding in its appropriation bills. While the CSB was funded throughout the Biden administration, many wondered about the agency’s fate in a second Trump administration. President Trump answered that question in May 2025, with the issuance of his FY 2026 budget recommendations and accompanying OMB technical supplement, which stated his intention to eliminate CSB altogether, allocating only those expenses necessary to carry out closure of the agency.
As in the first Trump administration, however, Congress again has provided funding in its appropriations bill. The bill, which President Trump signed into law on January 23, provides CSB with a budget of $14 million for FY 2026. This funding is to be used for “necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act,” which establishes the Board and outlines its duties to investigate and report accidental chemical releases. As in recent years, the funding is conditioned on CSB having no more than three career Senior Executive Service positions and having the Inspector General of the EPA also hold the position of Inspector General for CSB. The bill also instructs the Inspector General to utilize EPA personnel in performing his duties and to not appoint any individuals to positions within CSB.
Implications for CSB and Regulated Parties
The CSB budget for FY 2026 is $400,000 less than in FY2024 and 2025, marking a slight decrease in funding for the agency. CSB will retain the capacity to investigate major chemical incidents, prioritizing those incidents resulting in the greatest impact to workplaces, the environment, and public safety. The slight reduction in budget may mean that CSB will have less staff and resources available to hire new staff and modernize its processes and technology. These changes seem unlikely to result in significant impacts to regulated parties, as the agency should be able to continue to carry out its primary activities.
King & Spalding has significant experience both counseling and defending clients on issues related to chemical safety and incident response. If you would like to discuss how these changes may impact your organization, please contact us.