---
kind: "section"
citation: "6 U.S.C. § 488a"
title: "6"
title_heading: "Domestic Security"
number: "488a"
heading: "Regulation of the sale and transfer of ammonium nitrate"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/488a"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter VIII — Coordination with Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions"
  - "Part J — Secure Handling of Ammonium Nitrate"
---

# §488a. Regulation of the sale and transfer of ammonium nitrate

- (a) **In general—** The [Secretary](/usc/6/101.md?p=16) shall regulate the sale and transfer of [ammonium nitrate](/usc/6/488.md?p=1) by an [ammonium nitrate facility](/usc/6/488.md?p=2) in accordance with this part to prevent the misappropriation or use of [ammonium nitrate](/usc/6/488.md?p=1) in an [act of terrorism](/usc/6/444.md?p=2-A). Such regulations shall be carried out by the Cybersecurity and Infrastructure Security [Agency](/usc/6/311.md?p=2).
- (b) **Ammonium nitrate mixtures—** Not later than 90 days after December 26, 2007, the [Secretary](/usc/6/101.md?p=16), in consultation with the heads of appropriate Federal [departments](/usc/6/101.md?p=5) and [agencies](/usc/6/311.md?p=2) (including the [Secretary](/usc/6/101.md?p=16) of Agriculture), shall, after notice and an opportunity for comment, establish a threshold percentage for [ammonium nitrate](/usc/6/488.md?p=1) in a substance.
- (c) **Registration of owners of ammonium nitrate facilities—**
  - (1) **Registration—** The [Secretary](/usc/6/101.md?p=16) shall establish a process by which any person that—
    - (A) owns an [ammonium nitrate facility](/usc/6/488.md?p=2) is required to register with the [Department](/usc/6/101.md?p=5); and
    - (B) registers under [subparagraph (A)](#c-1-A) is issued a registration number for purposes of this part.
  - (2) **Registration information—** Any person applying to register under [paragraph (1)](#c-1) shall submit to the [Secretary](/usc/6/101.md?p=16)—
    - (A) the name, address, and telephone number of each [ammonium nitrate facility](/usc/6/488.md?p=2) 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 part; and
    - (C) such other information as the [Secretary](/usc/6/101.md?p=16) may determine is appropriate.
- (d) **Registration of ammonium nitrate purchasers—**
  - (1) **Registration—** The [Secretary](/usc/6/101.md?p=16) shall establish a process by which any person that—
    - (A) intends to be an [ammonium nitrate purchaser](/usc/6/488.md?p=3) is required to register with the [Department](/usc/6/101.md?p=5); and
    - (B) registers under [subparagraph (A)](#d-1-A) is issued a registration number for purposes of this part.
  - (2) **Registration information—** Any person applying to register under [paragraph (1)](#d-1) as an [ammonium nitrate purchaser](/usc/6/488.md?p=3) shall submit to the [Secretary](/usc/6/101.md?p=16)—
    - (A) the name, address, and telephone number of the applicant; and
    - (B) the intended use of [ammonium nitrate](/usc/6/488.md?p=1) to be purchased by the applicant.
- (e) **Records—**
  - (1) **Maintenance of records—** The owner of an [ammonium nitrate facility](/usc/6/488.md?p=2) shall—
    - (A) maintain a record of each sale or transfer of [ammonium nitrate](/usc/6/488.md?p=1), 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)](#e-2).
  - (2) **Specific information required—** For each sale or transfer of [ammonium nitrate](/usc/6/488.md?p=1), the owner of an [ammonium nitrate facility](/usc/6/488.md?p=2) shall—
    - (A) record the name, address, telephone number, and registration number issued under subsection [(c)](#c) or [(d)](#d) of each person that purchases [ammonium nitrate](/usc/6/488.md?p=1), in a manner prescribed by the [Secretary](/usc/6/101.md?p=16);
    - (B) if applicable, record the name, address, and telephone number of an agent acting on behalf of the person described in [subparagraph (A)](#e-2-A), at the point of sale;
    - (C) record the date and quantity of [ammonium nitrate](/usc/6/488.md?p=1) sold or transferred; and
    - (D) verify the identity of the persons described in subparagraphs [(A)](#e-2-A) and [(B)](#e-2-B), as applicable, in accordance with a procedure established by the [Secretary](/usc/6/101.md?p=16).
  - (3) **Protection of information—** In maintaining records in accordance with [paragraph (1)](#e-1), the owner of an [ammonium nitrate facility](/usc/6/488.md?p=2) shall take reasonable actions to ensure the protection of the information included in such records.
- (f) **Exemption for explosive purposes—** The [Secretary](/usc/6/101.md?p=16) may exempt from this part a person producing, selling, or purchasing [ammonium nitrate](/usc/6/488.md?p=1) exclusively for use in the production of an explosive under a license or permit issued under chapter 40 of title 18.
- (g) **Consultation—** In carrying out this section, the [Secretary](/usc/6/101.md?p=16) shall consult with the [Secretary](/usc/6/101.md?p=16) of Agriculture, [States](/usc/6/101.md?p=17), and appropriate private sector [entities](/usc/6/301c.md?p=2), to ensure that the access of agricultural producers to [ammonium nitrate](/usc/6/488.md?p=1) is not unduly burdened.
- (h) **Data confidentiality—**
  - (1) **In general—** Notwithstanding [section 552 of title 5](/usc/5/552.md) or the USA PATRIOT ACT (Public Law 107–56; 115 Stat. 272), and except as provided in [paragraph (2)](#h-2), the [Secretary](/usc/6/101.md?p=16) may not disclose to any person any information obtained under this part.
  - (2) **Exception—** The [Secretary](/usc/6/101.md?p=16) may disclose any information obtained by the [Secretary](/usc/6/101.md?p=16) under this part to—
    - (A) an officer or employee of the [United States](/usc/6/101.md?p=19-A), or a person that has entered into a contract with the [United States](/usc/6/101.md?p=19-A), who has a need to know the information to perform the duties of the officer, employee, or person; or
    - (B) to a [State](/usc/6/101.md?p=17) [agency](/usc/6/311.md?p=2) under [section 488c of this title](/usc/6/488c.md), 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](/usc/6/101.md?p=16) shall establish procedures to efficiently receive applications for registration numbers under this part, conduct the checks required under [paragraph (2)](#i-2), and promptly issue or deny a registration number.
    - (B) **Initial six-month registration period—** The [Secretary](/usc/6/101.md?p=16) shall take steps to maximize the number of registration applications that are submitted and processed during the six-month period described in [section 488e(e) of this title](/usc/6/488e.md?p=e).
  - (2) **Check of terrorist screening database—**
    - (A) **Check required—** The [Secretary](/usc/6/101.md?p=16) shall conduct a check of appropriate identifying information of any person seeking to register with the [Department](/usc/6/101.md?p=5) under subsection [(c)](#c) or [(d)](#d) against identifying information that appears in the terrorist screening database of the [Department](/usc/6/101.md?p=5).
    - (B) **Authority to deny registration number—** If the identifying information of a person seeking to register with the [Department](/usc/6/101.md?p=5) under subsection [(c)](#c) or [(d)](#d) appears in the terrorist screening database of the [Department](/usc/6/101.md?p=5), the [Secretary](/usc/6/101.md?p=16) may deny issuance of a registration number under this part.
  - (3) **Expedited review of applications—**
    - (A) **In general—** Following the six-month period described in [section 488e(e) of this title](/usc/6/488e.md?p=e), the [Secretary](/usc/6/101.md?p=16) shall, to the extent practicable, issue or deny registration numbers under this part not later than 72 hours after the time the [Secretary](/usc/6/101.md?p=16) receives a complete registration application, unless the [Secretary](/usc/6/101.md?p=16) 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](/usc/6/101.md?p=16) shall notify a person seeking to register with the [Department](/usc/6/101.md?p=5) under subsection [(c)](#c) or [(d)](#d) of the status of the application of that person not later than 72 hours after the time the [Secretary](/usc/6/101.md?p=16) receives a complete registration application.
  - (4) **Expedited appeals process—**
    - (A) **Requirement—**
      - (i) **Appeals process—** The [Secretary](/usc/6/101.md?p=16) shall establish an expedited appeals process for persons denied a registration number under this part.
      - (ii) **Time period for resolution—** The [Secretary](/usc/6/101.md?p=16) shall, to the extent practicable, resolve appeals not later than 72 hours after receiving a complete request for appeal unless the [Secretary](/usc/6/101.md?p=16) determines, in the interest of national security, that additional time is necessary to resolve an appeal.
    - (B) **Consultation—** The [Secretary](/usc/6/101.md?p=16), in developing the appeals process under [subparagraph (A)](#i-4-A), shall consult with appropriate stakeholders.
    - (C) **Guidance—** The [Secretary](/usc/6/101.md?p=16) shall provide guidance regarding the procedures and information required for an appeal under [subparagraph (A)](#i-4-A) to any person denied a registration number under this part.
  - (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](/usc/6/101.md?p=16) and may be used only for making determinations under this section.
    - (B) **Sharing of information—** Notwithstanding any other provision of this part, the [Secretary](/usc/6/101.md?p=16) may share any such information with Federal, [State](/usc/6/101.md?p=17), local, and tribal law enforcement [agencies](/usc/6/311.md?p=2), as appropriate.
  - (6) **Registration information—**
    - (A) **Authority to require information—** The [Secretary](/usc/6/101.md?p=16) may require a person applying for a registration number under this part to submit such information as may be necessary to carry out the requirements of this section.
    - (B) **Requirement to update information—** The [Secretary](/usc/6/101.md?p=16) may require persons issued a registration under this part to update registration information submitted to the [Secretary](/usc/6/101.md?p=16) under this part, as appropriate.
  - (7) **Re-checks against terrorist screening database—**
    - (A) **Re-checks—** The [Secretary](/usc/6/101.md?p=16) shall, as appropriate, recheck persons provided a registration number pursuant to this part against the terrorist screening database of the [Department](/usc/6/101.md?p=5), and may revoke such registration number if the [Secretary](/usc/6/101.md?p=16) determines such person may pose a threat to national security.
    - (B) **Notice of revocation—** The [Secretary](/usc/6/101.md?p=16) 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)](#i-4).

## Source credit

(Pub. L. 107–296, title VIII, § 899B, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2084; amended Pub. L. 115–278, § 2(g)(5)(B), Nov. 16, 2018, 132 Stat. 4179.)

## Notes

### Editorial Notes

### References in Text

The USA PATRIOT ACT, referred to in subsec. (h)(1), is Pub. L. 107–56, Oct. 26, 2001, 115 Stat. 272, also known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. 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.

### Amendments

2018—Subsec. (a). Pub. L. 115–278 inserted at end “Such regulations shall be carried out by the Cybersecurity and Infrastructure Security Agency.”