Counterterrorism Laws & Regulations

The following are a selection of Laws & Regulations related to Counterterrorism.

Ammonium Nitrate Regulations

The Ammonium Nitrate Security Program is a proposed regulation developed by the Department of Homeland Security (DHS) in response to direction from Congress to "regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility. to prevent the misappropriation or use of ammonium nitrate in an act of terrorism."

Chemical Security

Statute

Homeland Security Appropriations Act of 2007 Public Law 109-295 (PDF, 109 pages - 289 KB). An Act of Congress mandating that the Secretary of the Department of Homeland Security establish risk-based performance standards for the security of high-risk chemical facilities within six months of the enactment of the Act. Also mandated was the development of vulnerability assessments as well as the development and implementation of site security plans for high-risk chemical facilities. The Chemical Facility Anti-Terrorism Standards (CFATS) interim final rule was created to fulfill the requirements of this Act.

Public Law 110-161, Section 534 (Consolidated Appropriations Act, for FY 2008 (PDF, 614 pages - 1.65 MB)), enacted December 2007, amended Section 550 of P.L. 109-295 by adding a new section (h). Attached in PDF format is the statutory language authorizing the Chemical Facility Anti-Terrorism Standards Regulations (6 CFR Part 27) consolidated from the two statutes (PDF, 3 pages - 58 KB ).

Public Law 111-83, Section 550b (Department of Homeland Security Appropriations Act, 2010 (PDF, 48 pages – 265 KB)) enacted October 28, 2009, amended Section 550 of P.L. 109-295 by striking “three years after the date of enactment of this Act’’ and inserting ‘‘on October 4, 2010’’ thus extending the authority of the Department to regulate high-risk chemical facilities through October 4, 2010. Attached in PDF format is the statutory language authorizing the Chemical Facility Anti-Terrorism Standards Regulations (6 CFR Part 27) consolidated from the three statutes (PDF, 2 pages - 54 KB).

Regulations

Advance Notice of Proposed Rulemaking: Chemical Facility Anti-Terrorism Standard (CFATS). Published December 28, 2006. In order to fulfill the requirements of Public Law 109-295 (PDF, 109 pages - 290 KB), the Department of Homeland Security developed and published this Advance Notice of Proposed Rulemaking, indicating that a new standard was under development, and requesting public comments on the proposed rule. Public comments were accepted from all sources through February 7, 2007.

Interim Final Rule: Chemical Facility Anti-Terrorism Standards (CFATS). Published April 9, 2007. After gathering and incorporating comments from individuals, trade associations, companies, and numerous other entities, the CFATS was published as an Interim Final Rule. An essential part of this rule was a proposed Appendix A, or the list of Chemicals of Interest (COI) as well as the quantities of each COI that would require a chemical facility to complete and submit a Top Screen consequence assessment to the Department of Homeland Security through the secure online Chemical Security Assessment Tool (CSAT).

Appendix A to the Chemical Facility Anti-Terrorism Standard, Final Rule. Published November 20, 2007. This list consists of approximately 300 Chemicals of Interest (COI) and their individual Screening Threshold Quantities (STQ). Any facility that has an Appendix A COI in a quantity at or above the listed STQ for any period of time is covered by the standard, and must submit a Top Screen within 60 calendar days.

Clarification to Chemical Facility Anti-Terrorism Standards; Propane. Published March 21, 2008. This notice clarifies how certain provisions of the Chemical Facility Anti-Terrorism Standards (CFATS) apply to the Chemical of Interest (COI) propane, which is understood by the Department of Homeland Security to contain at least 87.5% of the chemical propane. Specifically, this notice clarifies the Screening Threshold Quantity and counting rules that apply to the COI propane.

Notices Posted in the Federal Register

CFATS Regulatory Evaluation. Published on April 9, 2007. This regulatory assessment was prepared in order to estimate the magnitude of cost chemical facility owners and/or operators would incur implementing the Chemical Facility Anti-Terrorism Standards (CFATS) interim final rule (IFR).

Federal Register CSAT Registration Reminder. Published April 25, 2007. The Department of Homeland Security recommends that chemical facilities register to access the Chemical Security Assessment Tool (CSAT) system. This is a voluntary registration process for facilities that think they may be covered by the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards located in 6 CFR Part 27 and that would like to initiate the process to determine whether or not they are covered by 6 CFR Part 27.

Agricultural Facilities Time Extension Notification. Published on January 9, 2008. The Department of Homeland Security published a letter that it issued on December 21, 2007. Through this letter, the Department granted a time extension for farmers and other agricultural users who would otherwise have been required to submit a Top-Screen consequence assessment through the secure online Chemical Security Assessment Tool Top-Screen.

Draft Risk-Based Performance Standards Guidance. Published on October 27, 2008. The Department of Homeland Security accepted comments on the draft "Risk-Based Performance Standards" Guidance associated with the Chemical Facility Anti-Terrorism Standards.

Risk-Based Performance Standards Guidance. Published on May 15, 2009. This guidance provides DHS’s interpretations of the level of performance facilities in each of the risk-based tiers created by CFATS should strive to achieve under each Risk-Based Performance Standard (RBPS). It also seeks to help facilities comply with CFATS by describing in greater detail the eighteen RBPSs enumerated in CFATS, and by providing examples of various security measures and practices that could be selected to achieve the desired level of performance for each RBPS at each tier.

DHS request for comment on CFATS regulatory provisions for aboveground gasoline storage tanks. Published on January 12, 2010. The Department of Homeland Security invites public comment on issues related to certain regulatory provisions in the Chemical Facilities Anti-Terrorism Standards (CFATS) that apply to facilities that store gasoline in aboveground storage tanks. Written comments must be submitted on or before March 15, 2010.

Paperwork Reduction Act Notices for Comment

Federal agencies are required to provide justifications before requesting information from individuals and groups, to ensure that the information is necessary and will used effectively. The Office of Management and Budget (OMB) manages this requirement and grants approval for requests of information.

CSAT Information Collection Request (1670-0007)

ICR Expired 05/31/2011

ICR Expired 03/31/2013

CFATS Personnel Surety Information Collection (1670-NEW)

ICR Submitted in June of 2011 – (Withdrawn July 2012)

NEW ICR Submitted in February of 2014

Chemical Facilities Anti-Terrorism Standards (1670-0014)

ICR Expired 03/31/2013

Chemical-terrorism Vulnerability Information (CVI) Information Collection (1670-0015)

ICR Expires 03/31/2013

Privacy Impact Assessments

In compliance with the Privacy Act (5 U.S.C. §552a (e) (3)), CFATS is making publicly available its Privacy Act Statement and updating documentation about how personal information is handled, used, shared, and protected by CFATS.

System of Record Notices

The Privacy Act of 1974 mandates that an agency must file a public System of Records Notice (SORN) when a new system is created that will collect and/or house personal information.