6 U.S.C. § 488a — Regulation of the sale and transfer of ammonium nitrate

(a) In general. The Secretary must regulate how ammonium nitrate facilities sell and transfer ammonium nitrate, following this part, to prevent ammonium nitrate from being misappropriated or used in an act of terrorism. These regulations are carried out by the Cybersecurity and Infrastructure Security Agency. (b) Ammonium nitrate mixtures. Within 90 days of December 26, 2007, the Secretary — after consulting the heads of relevant federal agencies, including the Secretary of Agriculture, and after notice and an opportunity for public comment — had to establish a threshold percentage for how much ammonium nitrate a substance needs to contain before it counts as ammonium nitrate under this part. (c) Registration of owners of ammonium nitrate facilities. (1) The Secretary must establish a process requiring anyone who owns an ammonium nitrate facility to register with the Department, and issuing each registrant a registration number. (2) Anyone applying to register must submit: the name, address, and phone number of each facility that person owns; the name of the person that facility designates as its point of contact for purposes of this part; and any other information the Secretary determines is appropriate. (d) Registration of ammonium nitrate purchasers. (1) The Secretary must establish a similar process requiring anyone who intends to purchase ammonium nitrate to register, and issuing each registrant a registration number. (2) An applicant must submit the applicant's name, address, and phone number, and the intended use of the ammonium nitrate the applicant plans to purchase. (e) Records. (1) An ammonium nitrate facility owner must maintain a record of each sale or transfer of ammonium nitrate for the two-year period after that sale or transfer, including the information described below. (2) For each sale or transfer, the owner must: record the name, address, phone number, and registration number of each purchaser, in a manner the Secretary prescribes; if applicable, record the name, address, and phone number of any agent acting on the purchaser's behalf at the point of sale; record the date and quantity of ammonium nitrate sold or transferred; and verify the identity of the purchaser and any such agent, following a procedure the Secretary establishes. (3) The facility owner must take reasonable steps to protect the information kept in these records. (f) Exemption for explosive purposes. The Secretary may exempt from this part a person who produces, sells, or purchases ammonium nitrate solely for use in producing an explosive under a license or permit issued under chapter 40 of title 18. (g) Consultation. In carrying out this section, the Secretary must consult with the Secretary of Agriculture, the states, and appropriate private-sector entities, to make sure agricultural producers' access to ammonium nitrate isn't unduly burdened. (h) Data confidentiality. (1) Despite section 552 of title 5 (the Freedom of Information Act) or the USA PATRIOT Act, and except as provided in paragraph (2), the Secretary may not disclose to anyone the information obtained under this part. (2) The Secretary may disclose such information to: an officer or employee of the United States, or a contractor with the United States, who needs it to do their job; or a state agency, under section 488c of this title, with appropriate arrangements to protect the information. (i) Registration procedures and check of terrorist screening database. (1) The Secretary must establish procedures to efficiently receive registration applications, run the required checks described below, and promptly issue or deny a registration number — and must take steps to process as many applications as possible during the six-month period described in section 488e(e) of this title. (2) The Secretary must check the identifying information of anyone seeking to register under subsection (c) or (d) against the identifying information in the Department's terrorist screening database, and may deny a registration number if that person's information appears there. (3) After that six-month period, the Secretary must, to the extent practicable, issue or deny registration numbers within 72 hours of receiving a complete application, unless the Secretary determines additional time is needed for national security, and must notify applicants of their application's status within that same 72 hours. (4) The Secretary must establish an expedited appeals process for people denied a registration number, resolving appeals, to the extent practicable, within 72 hours of receiving a complete appeal request (unless national security requires more time), developed in consultation with appropriate stakeholders, with guidance provided to anyone denied a registration number. (5) Any information that is grounds for denying a registration number must be kept confidential by the Secretary and used only to make determinations under this section — though the Secretary may share it with federal, state, local, and tribal law enforcement agencies, as appropriate. (6) The Secretary may require applicants to submit whatever information is necessary to carry out this section, and may require registered persons to update that information as appropriate. (7) The Secretary must, as appropriate, recheck registered persons against the terrorist screening database, and may revoke a registration number if the Secretary determines that person may pose a threat to national security — providing prior notice where appropriate, with an opportunity to appeal as provided in paragraph (4).