Title 6Domestic SecurityRelease 119-73

§488c Administrative provisions

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER VIII— - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS › Part Part J— - Secure Handling of Ammonium Nitrate › § 488c

Last updated Apr 6, 2026|Official source

Summary

The Secretary can make cooperative agreements with the Secretary of Agriculture or with State agriculture officials (or their designees), after talking with the State homeland security office, to help carry out this part of the law. The Secretary should, when possible, work with the State agencies that oversee ammonium nitrate facilities when setting up agreements for registration and enforcement. The Secretary may give States authority to help run and enforce this part. If a Governor asks, the Secretary must give a State the power to carry out the duties listed in sections 488a and 488b if the State can do the job well. If money is available, the Secretary will provide enough funding to the State to do those tasks. The Secretary must also give each registered ammonium nitrate facility owner guidance on spotting suspicious purchases or transfers, what steps to take (including refusing sales and telling law enforcement), and other ways to prevent misuse in terrorism. The Secretary should reuse relevant materials when possible and must provide printable notices for sale locations that explain the record-keeping rules under section 488a and the penalties for breaking them.

Full Legal Text

Title 6, §488c

Domestic Security — Source: USLM XML via OLRC

(a)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 part; 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 part.
(b)(1)The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this part.
(2)At the request of a Governor of a State, the Secretary shall delegate to that State the authority to carry out functions under section 488a and 488b of this title, if the Secretary determines that the State is capable of satisfactorily carrying out such functions.
(3)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)(1)The Secretary shall make available to each owner of an ammonium nitrate facility registered under section 488a(c)(1) of this title 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)In providing guidance under this subsection, the Secretary shall, to the extent practicable, leverage any relevant materials and programs.
(3)(A)The Secretary shall make available materials suitable for posting at locations where ammonium nitrate is sold.
(B)Materials made available under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of—
(i)the record-keeping requirements under section 488a of this title; and
(ii)the penalties for violating such requirements.

Reference

Citations & Metadata

Citation

6 U.S.C. § 488c

Title 6Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73