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6 U.S.C. § 491 — Administrative provisions

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 491 — Administrative provisions

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Source file: Laws/federal/codes/united-states-code/title-6/section-491-administrative-provisions--648f4c652d.md
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Source location: Title 6, Chapter 1, § 491; chapter-001-homeland-security-organization.md

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**(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 part; 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 part. **(b) Delegation** (1) **Authority** — The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this part. (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 488a and 488b of this title, 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 488a(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section488a/c/1&num=0&edition=prelim) 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 entities; 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 488a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section488a&num=0&edition=prelim); and (ii) the penalties for violating such requirements.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 488a — Facilitating homeland security information sharing procedures

**(a) Procedures for determining extent of sharing of homeland security information** (1) The President shall prescribe and implement procedures under which relevant Federal agencies— (A) share relevant and appropriate homeland security information with other Federal agencies, including the Department, and appropriate State and local personnel; (B) identify and safeguard homeland security information that is sensitive but unclassified; and (C) to the extent such information is in classified form, determine whether, how, and to what extent to remove classified information, as appropriate, and with which such personnel it may be shared after such information is removed. (2) The President shall ensure that such procedures apply to all agencies of the Federal Government. (3) Such procedures shall not change the substantive requirements for the classification and safeguarding of classified information. (4) Such procedures shall not change the requirements and authorities to protect sources and methods. **(b) Procedures for sharing of homeland security information** (1) Under procedures prescribed by the President, all appropriate agencies, including the intelligence community, shall, through information sharing systems, share homeland security information with Federal agencies and appropriate State and local personnel to the extent such information may be shared, as determined in accordance with subsection (a), together with assessments of the credibility of such information. (2) Each information sharing system through which information is shared under paragraph (1) shall— (A) have the capability to transmit unclassified or classified information, though the procedures and recipients for each capability may differ; (B) have the capability to restrict de

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 491 — National Homeland Security Council

Page 265 TITLE 6—DOMESTIC SECURITY § 511 1 So in original. The word ‘‘to’’ probably should not appear. 1 So in original. Probably should be ‘‘3552(b)(6)’’. SUBCHAPTER IX—NATIONAL HOMELAND SECURITY COUNCIL § 491. National Homeland Security Council There is established within the Executive Of- fice of the President a council to be known as the ‘‘Homeland Security Council’’ (in this sub- chapter referred to as the ‘‘Council’’). (Pub. L. 107–296, title IX, § 901, Nov. 25, 2002, 116 Stat. 2258.) § 492. Function The function of the Council shall be to advise the President on homeland security matters. (Pub. L. 107–296, title IX, § 902, Nov. 25, 2002, 116 Stat. 2258.) § 493. Membership (a) Members The members of the Council shall be the fol- lowing: (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 des- ignated 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 Chair- man of the Joint Chiefs of Staff) may, in the role of the Chairman of the Joint Chiefs of Staff as principal military adviser to the Council and subject to the direction of the President, attend and participate in meetings of the Council. (Pub. L. 107–296, title IX, § 903, Nov. 25, 2002, 116 Stat. 2258; Pub. L. 109–163, div. A, title IX, § 908(b), Jan. 6, 2006, 119 Stat. 3404.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). § 494. Other functions and activities For the purpose of more effectively coordi- nating the policies and functions of the Uni

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