In this subtitle:
(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 entity that produces,
sells or otherwise transfers ownership 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 subtitle 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 subtitle, 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 subtitle.
(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 subtitle;
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 subtitle.
(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 quantity of
ammonium nitrate sold or transferred; and
(D) verify the identity 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 subtitle 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, United States Code.
(g) 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.
(h) Data Confidentiality.--
(1) In general.--Notwithstanding section 552 of
title 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 subtitle.
(2) Exception.--The Secretary may disclose any
information obtained by the Secretary under this
subtitle 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 subtitle, 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 subtitle.
(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
subtitle 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
subtitle.
(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 subtitle.
(5) Restrictions on use and maintenance of
information.--
(A) 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.
(B) Sharing of information.--
Notwithstanding any other provision of this
subtitle, 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 subtitle 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 subtitle to update
registration information submitted to the
Secretary under this subtitle, 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 subtitle
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).