In general
The Secretary shall regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility in accordance with this part to prevent the misappropriation or use of ammonium nitrate in an act of terrorism. Such regulations shall be carried out by the Cybersecurity and Infrastructure Security Agency.
Ammonium nitrate mixtures
Not later than 90 days after , the Secretary, in consultation with the heads of appropriate Federal departments and agencies (including the Secretary of Agriculture), shall, after notice and an opportunity for comment, establish a threshold percentage for ammonium nitrate in a substance.
Registration of owners of ammonium nitrate facilities
Registration
Registration information
Registration of ammonium nitrate purchasers
Registration
Registration information
Records
Maintenance of records
Specific information required
Protection of information
In maintaining records in accordance with paragraph (1), the owner of an ammonium nitrate facility shall take reasonable actions to ensure the protection of the information included in such records.
Exemption for explosive purposes
The Secretary may exempt from this part a person producing, selling, or purchasing ammonium nitrate exclusively for use in the production of an explosive under a license or permit issued under chapter 40 of title 18.
Consultation
In carrying out this section, the Secretary shall consult with the Secretary of Agriculture, States, and appropriate private sector entities, to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened.
Data confidentiality
In general
section 552 of title 5Public Law 107–56115 Stat. 272Notwithstanding or the USA PATRIOT ACT (; ), and except as provided in paragraph (2), the Secretary may not disclose to any person any information obtained under this part.
Exception
Registration procedures and check of terrorist screening database
Registration procedures
Generally
The Secretary shall establish procedures to efficiently receive applications for registration numbers under this part, conduct the checks required under paragraph (2), and promptly issue or deny a registration number.
Initial six-month registration period
section 488e(e) of this titleThe Secretary shall take steps to maximize the number of registration applications that are submitted and processed during the six-month period described in .
Check of terrorist screening database
Check required
The Secretary shall conduct a check of appropriate identifying information of any person seeking to register with the Department under subsection (c) or (d) against identifying information that appears in the terrorist screening database of the Department.
Authority to deny registration number
If the identifying information of a person seeking to register with the Department under subsection (c) or (d) appears in the terrorist screening database of the Department, the Secretary may deny issuance of a registration number under this part.
Expedited review of applications
In general
section 488e(e) of this titleFollowing the six-month period described in , the Secretary shall, to the extent practicable, issue or deny registration numbers under this part not later than 72 hours after the time the Secretary receives a complete registration application, unless the Secretary determines, in the interest of national security, that additional time is necessary to review an application.
Notice of application status
In all cases, the Secretary shall notify a person seeking to register with the Department under subsection (c) or (d) of the status of the application of that person not later than 72 hours after the time the Secretary receives a complete registration application.
Expedited appeals process
Requirement
Appeals process
The Secretary shall establish an expedited appeals process for persons denied a registration number under this part.
Time period for resolution
The Secretary shall, to the extent practicable, resolve appeals not later than 72 hours after receiving a complete request for appeal unless the Secretary determines, in the interest of national security, that additional time is necessary to resolve an appeal.
Consultation
The Secretary, in developing the appeals process under subparagraph (A), shall consult with appropriate stakeholders.
Guidance
The Secretary shall provide guidance regarding the procedures and information required for an appeal under subparagraph (A) to any person denied a registration number under this part.
Restrictions on use and maintenance of information
In general
Any information constituting grounds for denial of a registration number under this section shall be maintained confidentially by the Secretary and may be used only for making determinations under this section.
Sharing of information
Notwithstanding any other provision of this part, the Secretary may share any such information with Federal, State, local, and tribal law enforcement agencies, as appropriate.
Registration information
Authority to require information
The Secretary may require a person applying for a registration number under this part to submit such information as may be necessary to carry out the requirements of this section.
Requirement to update information
The Secretary may require persons issued a registration under this part to update registration information submitted to the Secretary under this part, as appropriate.
Re-checks against terrorist screening database
Re-checks
The Secretary shall, as appropriate, recheck persons provided a registration number pursuant to this part against the terrorist screening database of the Department, and may revoke such registration number if the Secretary determines such person may pose a threat to national security.
Notice of revocation
The Secretary shall, as appropriate, provide prior notice to a person whose registration number is revoked under this section and such person shall have an opportunity to appeal, as provided in paragraph (4).
Pub. L. 107–296, title VIII, § 899BPub. L. 110–161, div. E, title V, § 563(a)121 Stat. 2084Pub. L. 115–278, § 2(g)(5)(B)132 Stat. 4179(, as added , , ; amended , , .)
Editorial Notes
References in Text
Pub. L. 107–56115 Stat. 272section 1 of Title 18The USA PATRIOT ACT, referred to in subsec. (h)(1), is , , , also known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under , Crimes and Criminal Procedure, and Tables.
Amendments
Pub. L. 115–2782018—Subsec. (a). inserted at end “Such regulations shall be carried out by the Cybersecurity and Infrastructure Security Agency.”