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Code · STATUTE-COMPILATIONS · Homeland Security Act of 2002 · Sec. 899D

Sec. 899D. ADMINISTRATIVE PROVISIONS

420 words·~2 min read·/statute-compilations/comps-1143/sec-899d

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## SEC. 899D ADMINISTRATIVE PROVISIONS **[**[6 U.S.C. 488c](/us/usc/t6/s488c)**]** ###
(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 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 enforcement entities; and #####
(C)additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism. ####
(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 materials suitable for posting at locations where ammonium nitrate is sold. #####
(B)Design of materials Materials made available under subparagraph
(A)shall be designed to notify prospective ammonium nitrate purchasers of— ######
(i)the record-keeping requirements under section 899B; and ######
(ii)the penalties for violating such requirements.
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Sec. 899D
ADMINISTRATIVE PROVISIONS
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