6 U.S.C. § 488b — Inspection and auditing of records

Page 263 TITLE 6—DOMESTIC SECURITY § 488e tion 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, § 899B, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2084; amended Pub. L. 115–278, § 2(g)(5)(B), Nov. 16, 2018, 132 Stat. 4179.) Editorial Notes REFERENCES IN TEXT The USA PATRIOT ACT, referred to in subsec. (h)(1), is Pub. L. 107–56, Oct. 26, 2001, 115 Stat. 272, also known as the Uniting and Strengthening America by Pro- viding Appropriate Tools Required to Intercept and Ob- struct Terrorism Act of 2001. For complete classifica- tion of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–278 inserted at end ‘‘Such regulations shall be carried out by the Cybersecurity and Infrastructure Security Agency.’’ § 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 fa- cilities for the purpose of monitoring compli- ance with this part or for the purpose of deter- ring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism. (Pub. L. 107–296, title VIII, § 899C, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2087.) § 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 respon- sible 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 im- plement the registration and enforcement pro- visions of this part. (b) Delegation (1) Authority The Secretary may delegate to a State the authority to assist the Secretary in the ad- ministration 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 au- thority to carry out functions under sections 488a and 488b of this title, if the Secretary de- termines that the State is capable of satisfac- torily 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 pro- vide to that State sufficient funds to carry out the delegated functions. (c) Provision of guidance and notification mate- rials to ammonium nitrate facilities (1) Guidance The Secretary shall make available to each owner of an ammonium nitrate facility reg- istered under section 488a(c)(1) of this title guidance on— (A) the identification of suspicious ammo- nium nitrate purchases or transfers or at- tempted 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 enforce- ment entities; and (C) additional subjects determined appro- priate to prevent the misappropriation or use of ammonium nitrate in an act of ter- rorism. (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 mate- rials suitable for posting at locations where ammonium nitrate is sold. (B) Design of materials Materials made available under subpara- graph (A) shall be designed to notify pro- spective ammonium nitrate purchasers of— (i) the record-keeping requirements under section 488a of this title; and (ii) the penalties for violating such re- quirements. (Pub. L. 107–296, title VIII, § 899D, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2087.) § 488d. Theft reporting requirement Any person who is required to comply with section 488a(e) of this title who has knowledge of the theft or unexplained loss of ammonium ni- trate shall report such theft or loss to the appro- priate 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 Fed- eral authorities shall inform State, local, and tribal law enforcement entities, as appropriate. (Pub. L. 107–296, title VIII, § 899E, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2088.) § 488e. Prohibitions and penalty (a) Prohibitions (1) Taking possession No person shall purchase ammonium nitrate from an ammonium nitrate facility unless