Homeland Security Act of 2002 Part 19

(g) Consultation.--In carrying out this section, the Secretary shall consult with the Secretary of Agriculture, States, and appropriate private sector ent.i.ties, to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened.

(h) Data Confidentiality.-- (1) In general.--Notwithstanding section 552 of t.i.tle 5, United States Code, or the USA PATRIOT ACT (Public Law 107-56; 115 Stat. 272), and except as provided in paragraph (2), the Secretary may not disclose to any person any information obtained under this subt.i.tle.

(2) Exception.--The Secretary may disclose any information obtained by the Secretary under this subt.i.tle to-- (A) an officer or employee of the United States, or a person that has entered into a contract with the United States, who has a need to know the information to perform the duties of the officer, employee, or person; or (B) to a State agency under section 899D, under appropriate arrangements to ensure the protection of the information.

(i) Registration Procedures and Check of Terrorist Screening Database.-- (1) Registration procedures.-- (A) Generally.--The Secretary shall establish procedures to efficiently receive applications for registration numbers under this subt.i.tle, conduct the checks required under paragraph (2), and promptly issue or deny a registration number.

(B) Initial six-month registration period.--The Secretary shall take steps to maximize the number of registration applications that are submitted and processed during the six-month period described in section 899F(e).

(2) Check of terrorist screening database.-- (A) 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.

(B) 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 subt.i.tle.

(3) Expedited review of applications.-- (A) In general.--Following the six-month period described in section 899F(e), the Secretary shall, to the extent practicable, issue or deny registration numbers under this subt.i.tle 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.

(B) 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.

(4) Expedited appeals process.-- (A) Requirement.-- (i) Appeals process.--The Secretary shall establish an expedited appeals process for persons denied a registration number under this subt.i.tle.

(ii) 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.

(B) Consultation.--The Secretary, in developing the appeals process under subparagraph (A), shall consult with appropriate stakeholders.

(C) 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 subt.i.tle.

(5) Restrictions on use and maintenance of information.-- (A) In general.--Any information const.i.tuting 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.

(B) Sharing of information.-- Notwithstanding any other provision of this subt.i.tle, the Secretary may share any such information with Federal, State, local, and tribal law enforcement agencies, as appropriate.

(6) Registration information.-- (A) Authority to require information.--The Secretary may require a person applying for a registration number under this subt.i.tle to submit such information as may be necessary to carry out the requirements of this section.

(B) Requirement to update information.--The Secretary may require persons issued a registration under this subt.i.tle to update registration information submitted to the Secretary under this subt.i.tle, as appropriate.

(7) Re-checks against terrorist screening database.-- (A) Re-checks.--The Secretary shall, as appropriate, recheck persons provided a registration number pursuant to this subt.i.tle 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.

(B) 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).

SEC. 899C. [6 U.S.C. 488B] INSPECTION AND AUDITING OF RECORDS.

The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium nitrate facilities for the purpose of monitoring compliance with this subt.i.tle or for the purpose of deterring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism.

SEC. 899D. [6 U.S.C. 488C] ADMINISTRATIVE PROVISIONS.

(a) Cooperative Agreements.--The Secretary-- (1) may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department of agriculture or its designee involved in agricultural regulation, in consultation with the State agency responsible for homeland security, to carry out the provisions of this subt.i.tle; and (2) wherever possible, shall seek to cooperate with State agencies or their designees that oversee ammonium nitrate facility operations when seeking cooperative agreements to implement the registration and enforcement provisions of this subt.i.tle.

(b) Delegation.-- (1) Authority.--The Secretary may delegate to a State the authority to a.s.sist the Secretary in the administration and enforcement of this subt.i.tle.

(2) Delegation required.--At the request of a Governor of a State, the Secretary shall delegate to that State the authority to carry out functions under sections 899B and 899C, if the Secretary determines that the State is capable of satisfactorily carrying out such functions.

(3) Funding.--Subject to the availability of appropriations, if the Secretary delegates functions to a State under this subsection, the Secretary shall provide to that State sufficient funds to carry out the delegated functions.

(c) Provision of Guidance and Notification Materials to Ammonium Nitrate Facilities.-- (1) Guidance.--The Secretary shall make available to each owner of an ammonium nitrate facility registered under section 899B(c)(1) guidance on-- (A) the identification of suspicious ammonium nitrate purchases or transfers or attempted purchases or transfers; (B) the appropriate course of action to be taken by the ammonium nitrate facility owner with respect to such a purchase or transfer or attempted purchase or transfer, including-- (i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium nitrate; and (ii) notifying appropriate law enforcement ent.i.ties; and (C) additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.

(2) Use of materials and programs.--In providing guidance under this subsection, the Secretary shall, to the extent practicable, leverage any relevant materials and programs.

(3) Notification materials.-- (A) In general.--The Secretary shall make available materials suitable for posting at locations where ammonium nitrate is sold.

(B) Design of materials.--Materials made available under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of-- (i) the record-keeping requirements under section 899B; and (ii) the penalties for violating such requirements.

SEC. 899E. [6 U.S.C. 488D] THEFT REPORTING REQUIREMENT.

Any person who is required to comply with section 899B(e) who has knowledge of the theft or unexplained loss of ammonium nitrate shall report such theft or loss to the appropriate Federal law enforcement authorities not later than 1 calendar day of the date on which the person becomes aware of such theft or loss. Upon receipt of such report, the relevant Federal authorities shall inform State, local, and tribal law enforcement ent.i.ties, as appropriate.

SEC. 899F. [6 U.S.C. 488E] PROHIBITIONS AND PENALTY.

(a) Prohibitions.-- (1) Taking possession.--No person shall purchase ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of section 899B, or is an agent of a person registered under subsection (c) or (d) of that section.

(2) Transferring possession.--An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or (d) of section 899B, or to any agent acting on behalf of an ammonium nitrate purchaser when such purchaser is not registered under subsection (c) or (d) of section 899B.

(3) Other prohibitions.--No person shall-- (A) purchase ammonium nitrate without a registration number required under subsection (c) or (d) of section 899B; (B) own or operate an ammonium nitrate facility without a registration number required under section 899B(c); or (C) fail to comply with any requirement or violate any other prohibition under this subt.i.tle.

(b) Civil Penalty.--A person that violates this subt.i.tle may be a.s.sessed a civil penalty by the Secretary of not more than $50,000 per violation.

(c) Penalty Considerations.--In determining the amount of a civil penalty under this section, the Secretary shall consider-- (1) the nature and circ.u.mstances of the violation; (2) with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and (3) any other matter that the Secretary determines that justice requires.

(d) Notice and Opportunity for a Hearing.--No civil penalty may be a.s.sessed under this subt.i.tle unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be a.s.sessed in the county, parish, or incorporated city of residence of that person.

(e) Delay in Application of Prohibition.--Paragraphs (1) and (2) of subsection (a) shall apply on and after the date that is 6 months after the date that the Secretary issues a final rule implementing this subt.i.tle.

SEC. 899G. [6 U.S.C. 488F] PROTECTION FROM CIVIL LIABILITY.

(a) In General.--Notwithstanding any other provision of law, an owner of an ammonium nitrate facility that in good faith refuses to sell or transfer ammonium nitrate to any person, or that in good faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of ammonium nitrate, based upon a reasonable belief that the person seeking purchase or transfer of ammonium nitrate may use the ammonium nitrate to create an explosive device to be employed in an act of terrorism (as defined in section 3077 of t.i.tle 18, United States Code), or to use ammonium nitrate for any other unlawful purpose, shall not be liable in any civil action relating to that refusal to sell ammonium nitrate or that disclosure.

(b) Reasonable Belief.--A reasonable belief that a person may use ammonium nitrate to create an explosive device to be employed in an act of terrorism under subsection (a) may not solely be based on the race, s.e.x, national origin, creed, religion, status as a veteran, or status as a member of the Armed Forces of the United States of that person.

SEC. 899H. [6 U.S.C. 488G] PREEMPTION OF OTHER LAWS.

(a) Other Federal Regulations.--Except as provided in section 899G, nothing in this subt.i.tle affects any regulation issued by any agency other than an agency of the Department.

(b) State Law.--Subject to section 899G, this subt.i.tle preempts the laws of any State to the extent that such laws are inconsistent with this subt.i.tle, except that this subt.i.tle shall not preempt any State law that provides additional protection against the acquisition of ammonium nitrate by terrorists or the use of ammonium nitrate in explosives in acts of terrorism or for other illicit purposes, as determined by the Secretary.

SEC. 899I. [6 U.S.C. 488H] DEADLINES FOR REGULATIONS.

The Secretary-- (1) shall issue a proposed rule implementing this subt.i.tle not later than 6 months after the date of the enactment of this subt.i.tle; and (2) issue a final rule implementing this subt.i.tle not later than 1 year after such date of enactment.

SEC. 899J. [6 U.S.C. 488I] AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary-- (1) $2,000,000 for fiscal year 2008; and (2) $10,750,000 for each of fiscal years 2009 through 2012.

t.i.tLE IX--NATIONAL HOMELAND SECURITY COUNCIL

SEC. 901. [6 U.S.C. 491] NATIONAL HOMELAND SECURITY COUNCIL.

There is established within the Executive Office of the President a council to be known as the ''Homeland Security Council'' (in this t.i.tle referred to as the ''Council'').

SEC. 902. [6 U.S.C. 492] FUNCTION.

The function of the Council shall be to advise the President on homeland security matters.

SEC. 903. [6 U.S.C. 493] MEMBERSHIP.

(a) Members-- 1The members of the Council shall be the following: --------------------------------------------------------------------------- 1 A period probably should appear prior to the dash in the heading for subsection (a) of section 903.

--------------------------------------------------------------------------- (1) The President.

(2) The Vice President.

(3) The Secretary of Homeland Security.

(4) The Attorney General.

(5) The Secretary of Defense.

(6) Such other individuals as may be designated by the President.

(b) Attendance of Chairman of Joint Chiefs of Staff at Meetings.--The Chairman of the Joint Chiefs of Staff (or, in the absence of the Chairman, the Vice Chairman of the Joint Chiefs of Staff) may, in the role of the Chairman of the Joint Chiefs of Staff as princ.i.p.al military adviser to the Council and subject to the direction of the President, attend and partic.i.p.ate in meetings of the Council.

SEC. 904. [6 U.S.C. 494] OTHER FUNCTIONS AND ACTIVITIES.

For the purpose of more effectively coordinating the policies and functions of the United States Government relating to homeland security, the Council shall-- (1) a.s.sess the objectives, commitments, and risks of the United States in the interest of homeland security and to make resulting recommendations to the President; (2) oversee and review homeland security policies of the Federal Government and to make resulting recommendations to the President; and (3) perform such other functions as the President may direct.

SEC. 905. [6 U.S.C. 495] STAFF COMPOSITION.

The Council shall have a staff, the head of which shall be a civilian Executive Secretary, who shall be appointed by the President. The President is authorized to fix the pay of the Executive Secretary at a rate not to exceed the rate of pay payable to the Executive Secretary of the National Security Council.

SEC. 906. [6 U.S.C. 496] RELATION TO THE NATIONAL SECURITY COUNCIL.

The President may convene joint meetings of the Homeland Security Council and the National Security Council with partic.i.p.ation by members of either Council or as the President may otherwise direct.