Part 18 (2/2)
(3)(A) The Secretary shall establish a program to provide appropriate training to officials described in subparagraph (B) in order to a.s.sist such officials in-- (i) identifying sources of potential terrorist threats through such methods as the Secretary determines appropriate; (ii) reporting information relating to such potential terrorist threats to the appropriate Federal agencies in the appropriate form and manner; (iii) a.s.suring that all reported information is systematically submitted to and pa.s.sed on by the Department for use by appropriate Federal agencies; and (iv) understanding the mission and roles of the intelligence community to promote more effective information sharing among Federal, State, and local officials and representatives of the private sector to prevent terrorist attacks against the United States.
(B) The officials referred to in subparagraph (A) are officials of State and local government agencies and representatives of private sector ent.i.ties with responsibilities relating to the oversight and management of first responders, counterterrorism activities, or critical infrastructure.
(C) The Secretary shall consult with the Attorney General to ensure that the training program established in subparagraph (A) does not duplicate the training program established in section 908 of the USA PATRIOT Act (Public Law 107-56; 28 U.S.C. 509 note).
(D) The Secretary shall carry out this paragraph in consultation with the Director of Central Intelligence and the Attorney General.
(d) Responsible Officials.--For each affected Federal agency, the head of such agency shall designate an official to administer this Act with respect to such agency.
(e) Federal Control of Information.--Under procedures prescribed under this section, information obtained by a State or local government from a Federal agency under this section shall remain under the control of the Federal agency, and a State or local law authorizing or requiring such a government to disclose information shall not apply to such information.
(f) Definitions.--As used in this section: (1) The term ''homeland security information''
means any information possessed by a Federal, State, or local agency that-- (A) relates to the threat of terrorist activity; (B) relates to the ability to prevent, interdict, or disrupt terrorist activity; (C) would improve the identification or investigation of a suspected terrorist or terrorist organization; or (D) would improve the response to a terrorist act.
(2) The term ''intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
(3) The term ''State and local personnel'' means any of the following persons involved in prevention, preparation, or response for terrorist attack: (A) State Governors, mayors, and other locally elected officials.
(B) State and local law enforcement personnel and firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management agency personnel, including State adjutant generals.
(E) Other appropriate emergency response agency personnel.
(F) Employees of private-sector ent.i.ties that affect critical infrastructure, cyber, economic, or public health security, as designated by the Federal Government in procedures developed pursuant to this section.
(4) The term ''State'' includes the District of Columbia and any commonwealth, territory, or possession of the United States.
(g) Construction.--Nothing in this Act shall be construed as authorizing any department, bureau, agency, officer, or employee of the Federal Government to request, receive, or transmit to any other Government ent.i.ty or personnel, or transmit to any State or local ent.i.ty or personnel otherwise authorized by this Act to receive homeland security information, any information collected by the Federal Government solely for statistical purposes in violation of any other provision of law relating to the confidentiality of such information.
SEC. 893. [6 U.S.C. 483] REPORT.
(a) Report Required.--Not later than 12 months after the date of the enactment of this Act, the President shall submit to the congressional committees specified in subsection (b) a report on the implementation of section 892. The report shall include any recommendations for additional measures or appropriation requests, beyond the requirements of section 892, to increase the effectiveness of sharing of information between and among Federal, State, and local ent.i.ties.
(b) Specified Congressional Committees.--The congressional committees referred to in subsection (a) are the following committees: (1) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate.
SEC. 894. [6 U.S.C. 484] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out section 892.
Subt.i.tle J--Secure Handling of Ammonium Nitrate
SEC. 899A. [6 U.S.C. 488] DEFINITIONS.
In this subt.i.tle: (1) Ammonium nitrate.--The term ''ammonium nitrate'' means-- (A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen by weight; and (B) any mixture containing a percentage of ammonium nitrate that is equal to or greater than the percentage determined by the Secretary under section 899B(b).
(2) Ammonium nitrate facility.--The term ''ammonium nitrate facility'' means any ent.i.ty that produces, sells or otherwise transfers owners.h.i.+p of, or provides application services for ammonium nitrate.
(3) Ammonium nitrate purchaser.--The term ''ammonium nitrate purchaser'' means any person who purchases ammonium nitrate from an ammonium nitrate facility.
SEC. 899B. [6 U.S.C. 488A] REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.
(a) In General.--The Secretary shall regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility in accordance with this subt.i.tle to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.
(b) Ammonium Nitrate Mixtures.--Not later than 90 days after the date of the enactment of this subt.i.tle, 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.
(c) Registration of Owners of Ammonium Nitrate Facilities.-- (1) Registration.--The Secretary shall establish a process by which any person that-- (A) owns an ammonium nitrate facility is required to register with the Department; and (B) registers under subparagraph (A) is issued a registration number for purposes of this subt.i.tle.
(2) Registration information.--Any person applying to register under paragraph (1) shall submit to the Secretary-- (A) the name, address, and telephone number of each ammonium nitrate facility owned by that person; (B) the name of the person designated by that person as the point of contact for each such facility, for purposes of this subt.i.tle; and (C) such other information as the Secretary may determine is appropriate.
(d) Registration of Ammonium Nitrate Purchasers.-- (1) Registration.--The Secretary shall establish a process by which any person that-- (A) intends to be an ammonium nitrate purchaser is required to register with the Department; and (B) registers under subparagraph (A) is issued a registration number for purposes of this subt.i.tle.
(2) Registration information.--Any person applying to register under paragraph (1) as an ammonium nitrate purchaser shall submit to the Secretary-- (A) the name, address, and telephone number of the applicant; and (B) the intended use of ammonium nitrate to be purchased by the applicant.
(e) Records.-- (1) Maintenance of records.--The owner of an ammonium nitrate facility shall-- (A) maintain a record of each sale or transfer of ammonium nitrate, during the two- year period beginning on the date of that sale or transfer; and (B) include in such record the information described in paragraph (2).
(2) Specific information required.--For each sale or transfer of ammonium nitrate, the owner of an ammonium nitrate facility shall-- (A) record the name, address, telephone number, and registration number issued under subsection (c) or (d) of each person that purchases ammonium nitrate, in a manner prescribed by the Secretary; (B) if applicable, record the name, address, and telephone number of an agent acting on behalf of the person described in subparagraph (A), at the point of sale; (C) record the date and quant.i.ty of ammonium nitrate sold or transferred; and (D) verify the ident.i.ty of the persons described in subparagraphs (A) and (B), as applicable, in accordance with a procedure established by the Secretary.
(3) 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.
(f) Exemption for Explosive Purposes.--The Secretary may exempt from this subt.i.tle 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 t.i.tle 18, United States Code.
<script>