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‘‘(A) IN GENERAL.—Information obtained 
by the Secretary under this section may not be 
made available to the public. 
‘‘(B) USE
OF
CERTAIN
INFORMATION.— 
Any information constituting grounds for denial 
of a registration number under this section 
shall be maintained confidentially by the Sec-
retary and may be used only for making deter-
minations under this section. Notwithstanding 
any other provision of this subtitle, the Sec-
retary may share any such information with 
Federal, State, local, and tribal law enforce-
ment agencies, as appropriate. 
‘‘(6) REGISTRATION INFORMATION.— 
‘‘(A) AUTHORITY TO REQUIRE INFORMA-
TION.—The Secretary may require a person ap-
plying for a registration number under this sub-
title to submit such information as may be nec-
essary to carry out the requirements of this sec-
tion. 
‘‘(B) REQUIREMENT TO UPDATE INFORMA-
TION.—The Secretary may require persons 
issued a registration under this subtitle to up-
date registration information submitted to the 
Secretary under this subtitle, as appropriate. 
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‘‘(7) RE-CHECKS AGAINST TERRORIST WATCH 
LIST.— 
‘‘(A) RE-CHECKS.—The Secretary shall, as 
appropriate, re-check persons provided a reg-
istration number pursuant to this subtitle 
against the terrorist watch list, and may revoke 
such registration number if the Secretary deter-
mines such person may pose a threat to na-
tional security. 
‘‘(B) NOTICE OF REVOCATION.—The Sec-
retary shall, as appropriate, provide prior notice 
to a person whose registration number is re-
voked under this section and such person shall 
have an opportunity to appeal, as provided in 
paragraph (4). 
‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS. 
‘‘The Secretary shall establish a process for the peri-
odic inspection and auditing of the records maintained by 
owners of ammonium nitrate facilities for the purpose of 
monitoring compliance with such section or for the pur-
pose of deterring or preventing the misappropriation or 
use of ammonium nitrate in an act of terrorism. 
‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS. 
‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary— 
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‘‘(1) may enter into a cooperative agreement 
with the Secretary of Agriculture, or the head of any 
State department of agriculture or its designee in-
volved in agricultural regulation, in consultation with 
the State agency responsible for homeland security, 
to carry out the provisions of this subtitle; 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 registra-
tion and enforcement provisions of this subtitle. 
‘‘(b) DELEGATION.— 
‘‘(1) AUTHORITY.—The Secretary may delegate 
to a State the authority to assist the Secretary in 
the administration and enforcement of this subtitle. 
‘‘(2) DELEGATION REQUIRED.—At the request 
of a Governor of a State, the Secretary shall dele-
gate to the State the authority to carry out func-
tions under sections 899B and 899C, if the Sec-
retary determines that the State is capable of satis-
factorily carrying out such functions. 
‘‘(3) FUNDING.—Subject to the availability of 
appropriations, if the Secretary enters into an agree-
ment with a State under this subsection to delegate 
functions to the State, the Secretary shall provide to 
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the 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 fa-
cility registered under section 899B(c)(1) 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 en-
forcement entities; and 
‘‘(C) any such additional subjects as the 
Secretary determines are appropriate to prevent 
the misappropriation or use of ammonium ni-
trate in an act of terrorism. 
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‘‘(2) USE OF MATERIALS AND PROGRAMS.—In 
providing guidance under this subsection, the Sec-
retary 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 
ammonium nitrate facilities where ammonium 
nitrate is sold. 
‘‘(B) DESIGN OF MATERIALS.—Such mate-
rials shall be designed to notify prospective am-
monium nitrate purchasers of— 
‘‘(i) the record-keeping requirements 
under section 899B; and 
‘‘(ii) the penalties for violating such 
requirements. 
‘‘SEC. 899E. 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 
within one 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 entities as appropriate. 
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‘‘SEC. 899F. PROHIBITIONS AND PENALTY. 
‘‘(a) PROHIBITIONS.— 
‘‘(1) TAKING
POSSESSION.—No person shall 
take possession of ammonium nitrate from an am-
monium nitrate facility unless such person is reg-
istered under subsection (c) or (d) of section 899B, 
or is an agent of a person registered under sub-
section (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 ammo-
nium nitrate facility to any person who is not reg-
istered under subsection (c) or (d) of section 899B, 
unless such person is an agent of a person registered 
under subsection (c) or (d) of that section. 
‘‘(3) OTHER PROHIBITIONS.—No person shall— 
‘‘(A) buy and take possession of ammo-
nium nitrate without a registration number re-
quired 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 sub-
title. 
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‘‘(b) PROHIBITIONS.—No person shall— 
‘‘(1) buy and take possession of ammonium ni-
trate without a registration number required under 
subsection (c) or (d) of section 899B; 
‘‘(2) own or operate an ammonium nitrate facil-
ity without a registration number required under 
section 899B(c); or 
‘‘(3) fail to comply with any requirement or vio-
late any other prohibition under this subtitle. 
‘‘(c) CIVIL PENALTY.—A person that violates this 
subtitle may be assessed a civil penalty by the Secretary 
of not more than $50,000 per violation. 
‘‘(d) PENALTY CONSIDERATIONS.—In determining 
the amount of a civil penalty under this section, the Sec-
retary shall consider— 
‘‘(1) the nature and circumstances of the viola-
tion; 
‘‘(2) with respect to the person who commits 
the violation, any history of prior violations, the abil-
ity 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 deter-
mines that justice requires. 
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‘‘(e) NOTICE AND OPPORTUNITY FOR A HEARING.— 
No civil penalty may be assessed under this subtitle 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 assessed in the county, parish, or in-
corporated city of residence of that person. 
‘‘(f) DELAY
IN APPLICATION
OF PROHIBITION.— 
Paragraphs (1) and (2) of subsection (a) shall apply be-
ginning 6 months after the issuance by the Secretary of 
a final rule implementing this subtitle. 
‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, an owner of an ammonium nitrate facility 
who in good faith refuses to sell or transfer ammonium 
nitrate to any person, or who in good faith discloses to 
the Department or to appropriate law enforcement au-
thorities an actual or attempted purchase or transfer, 
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 em-
ployed in an act of terrorism (as defined in section 3077 
of title 18, United States Code), or to use ammonium ni-
trate for any other unlawful purpose, shall be immune 
from civil liability arising from that refusal to sell ammo-
nium nitrate or from making that disclosure. 
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