6 USC 488a(h)
Listed by: NARA Registry, DoD Registry
Designation evidence
- NARA authority row: 6 USC 488a(h) | status: Specified | banner: CUI//SP-CRITAN.
- DoD authority row: 6 USC 488a(h). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Registry designation context: Specified, CUI//SP-CRITAN. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified with banner CUI//SP-CRITAN.
Extracted authority meaning
- Page 206 TITLE 6—DOMESTIC SECURITY § 486
- Registry designation context: Specified, CUI//SP-CRITAN. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- 6 USC 488a: Regulation of the sale and transfer of ammonium nitrate
Operating conditions
- NARA category scope used with this authority: Related to registration information of those who own and operate ammonium nitrate facilities, purchasers of ammonium nitrate, and the regulation of sales and transfers of ammonium nitrate.
- DoD category scope used with this authority: Related to registration information of those who own and operate ammonium nitrate facilities, purchasers of ammonium nitrate, and the regulation of sales and transfers of ammonium nitrate.
- The cited authority provides specific disclosure restrictions and named exceptions for information obtained under the Secure Handling of Ammonium Nitrate statutory program. Because the authority gives specific controls, NARA identifies this category as CUI Specified.
- The information was obtained under 6 USC Chapter 1, Subchapter VIII, Part J, Secure Handling of Ammonium Nitrate.
- The information relates to the registration of ammonium nitrate facility owners or ammonium nitrate purchasers.
- The information relates to records of ammonium nitrate sales or transfers, purchaser identity verification, quantity, date, registration number, agent details, or intended use.
- The information is held or disclosed by the Secretary, a federal employee, a federal contractor, a State agency, or an ammonium nitrate facility owner within the statutory program.
- Extracted authority condition: (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).
- Extracted authority condition: (2) Specific information required For each sale or transfer of ammonium ni- trate, the owner of an ammonium nitrate fa- cility 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 man- ner 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 subpara- graph (A), at the point of sale; (C) record the date and quantity of ammo- nium nitrate sold or transferred; and (D) verify the identity of the persons de- scribed in subparagraphs (A) and (B), as ap- plicable, in accordance with a procedure es- tablished by the Secretary.
- Extracted authority condition: Inspection and auditing of records The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium nitrate fa- cilities for the purpose of monitoring compli- ance with this part or for the purpose of deter- ring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism.
- Extracted authority condition: Definitions In this part: (1) Ammonium nitrate The term ‘‘ammonium nitrate’’ means— (A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and con- tains not less than 33 percent nitrogen by weight; and (B) any mixture containing a percentage of ammonium nitrate that is equal to or great- er than the percentage determined by the Secretary under section 488a(b) of this title.
- Extracted authority condition: 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.
- Extracted authority condition: (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;
- Extracted authority condition: 272 ), and except as provided in paragraph (2), the Secretary may not disclose to any person any information obtained under this part.
- Extracted authority condition: 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.
- Extracted authority condition: (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
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-CRITAN.
- Confidentiality rule: The Secretary may not disclose information obtained under this statutory part except through the specific exceptions in 6 USC 488a(h)(2).
- Federal need to know exception: Disclosure is allowed to a U.S. officer or employee, or a U.S. contractor, who has a need to know the information to perform duties.
- State agency exception: Disclosure is allowed to a State agency under 6 USC 488c when appropriate arrangements ensure protection of the information.
- Facility owner protection rule: Facility owners maintaining sale or transfer records must take reasonable actions to protect the information in those records.
- No additional limited dissemination control is listed on either registry page for this category. Apply only approved limited dissemination controls when separately required or permitted by the designating agency or governing authority.
- Where 6 USC 488a(h) and related provisions do not specify a handling detail, default CUI Basic safeguards and dissemination rules under 32 CFR Part 2002 apply so long as they do not conflict with the specified authority.
- Extracted authority control: (2) Exception The Secretary may disclose any information obtained by the Secretary under this part 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 488c of this title, under appropriate arrangements to ensure the protection of the information.
- Extracted authority control: 272), and except as provided in paragraph (2), the Secretary may not disclose to any per- son any information obtained under this part.
- Extracted authority control: (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 produc- ers to ammonium nitrate is not unduly bur- dened.
- Extracted authority control: (3) Protection of information In maintaining records in accordance with paragraph (1), the owner of an ammonium ni- trate facility shall take reasonable actions to ensure the protection of the information in- cluded in such records.
- Extracted authority control: (h) Data confidentiality (1) In general Notwithstanding section 552 of title 5 or the USA PATRIOT ACT (Public Law 107–56; 115 Stat.
- Extracted authority control: Limitation of liability A person who has completed a security aware- ness training course approved by or operated under a cooperative agreement with the Depart- ment of Homeland Security using funds made available in fiscal year 2006 and thereafter or in any prior appropriations Acts, who is enrolled in a program recognized or acknowledged by an In- formation Sharing and Analysis Center, and who reports a situation, activity or incident pursu- ant to that program to an appropriate author- ity, shall not be liable for damages in any action brought in a Federal or State court which result from any act or omission unless such person is guilty of gross negligence or willful misconduct.
- Extracted authority control: For complete classifica- tion of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables.
- Extracted authority control: 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.
- Extracted authority control: 272 ), and except as provided in paragraph (2), the Secretary may not disclose to any person any information obtained under this part.
- Extracted authority control: 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.
- Extracted authority control: (B) to a State agency under section 488c of this title, under appropriate arrangements to ensure the protection of the information.
- Extracted authority control: 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.
- Extracted authority control: For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables.
Authority excerpts
General confidentiality rulethe Secretary may not disclose to any person any information obtained under this part
Federal need-to-know exceptionan 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
State agency exceptionto a State agency under section 488c of this title, under appropriate arrangements to ensure the protection of the information
Most relevant extracted authority passage(2) Exception The Secretary may disclose any information obtained by the Secretary under this part 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 488c of this title, under appropriate arrangements to ensure the protection of the information.
Extracted authority passage 2272), and except as provided in paragraph (2), the Secretary may not disclose to any per- son any information obtained under this part.
Extracted authority passage 3(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 produc- ers to ammonium nitrate is not unduly bur- dened.
Extracted authority passage 4(3) Protection of information In maintaining records in accordance with paragraph (1), the owner of an ammonium ni- trate facility shall take reasonable actions to ensure the protection of the information in- cluded in such records.
Extracted authority passage 5(h) Data confidentiality (1) In general Notwithstanding section 552 of title 5 or the USA PATRIOT ACT (Public Law 107–56; 115 Stat.
Extracted authority passage 6(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).
Most relevant extracted authority passageIn 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.
Extracted authority passage 2272 ), and except as provided in paragraph (2), the Secretary may not disclose to any person any information obtained under this part.
Extracted authority passage 3In 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.
Extracted authority passage 4(B) to a State agency under section 488c of this title, under appropriate arrangements to ensure the protection of the information.
Extracted authority passage 5Any 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.
Extracted authority passage 6(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;