Title 6, Domestic SecurityRelease 119-110

§488c Administrative Provisions

Title 6 › 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 › § 488c

Last updated Sep 22, 2026|Official source

Summary

Make agreements with the U.S. Secretary of Agriculture or with state agriculture leaders, after checking with the state homeland security office, to help run and enforce the program. Whenever possible, try to work with the state agencies that oversee ammonium nitrate facilities when setting up those agreements. The Secretary can also give states authority to help carry out and enforce the rules. If a Governor asks, the Secretary must give a state the duties under sections 488a and 488b if the state can do the job. If the Secretary delegates these duties, and money is available, the Secretary must give the state enough funds to do the work. Provide guidance and posting materials to registered ammonium nitrate facility owners. The guidance must cover how to spot suspicious purchases or transfers, what actions to take (including refusing a sale and telling law enforcement), and other steps to prevent misuse for terrorism. Use existing materials and programs when possible. Also give posters or handouts for sales 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)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 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)Delegation
(1)Authority
The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this part.
(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 section 488a and 488b of this title, 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 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)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)
(ii)the penalties for violating such requirements.

Reference

Citations & Metadata

Citation

6 U.S.C. § 488c

Title 6, Domestic Security

Last Updated

Sep 22, 2026

Release point: 119-110