Page:United States Statutes at Large Volume 121.djvu/2108

 PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 2087

‘‘(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). ‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

6 USC 488b.

‘‘The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium nitrate facilities for the purpose of monitoring compliance with this subtitle or for the purpose of deterring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism. ‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS.

6 USC 488c.

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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 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 registration 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 delegate to that State the authority to carry out functions under sections 899B and 899C, 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 899B(c)(1) 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

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