§ 488a. Regulation of the sale and transfer of ammonium nitrate
(a)
In general
The Secretary shall regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility in accordance with this part to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.
(b)
Ammonium nitrate mixtures
Not later than 90 days after December 26, 2007, the Secretary, in consultation with the heads of appropriate Federal departments and agencies (including the Secretary of Agriculture), shall, after notice and an opportunity for comment, establish a threshold percentage for ammonium nitrate in a substance.
(c)
Registration of owners of ammonium nitrate facilities
(d)
Registration of ammonium nitrate purchasers
(e)
Records
(1)
Maintenance of records
The owner of an ammonium nitrate facility shall—
(2)
Specific information required
For each sale or transfer of ammonium nitrate, the owner of an ammonium nitrate facility 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 manner prescribed by the Secretary;
(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 producers to ammonium nitrate is not unduly burdened.
(h)
Data confidentiality
(1)
In general
Notwithstanding section
552 of title
5 or the USA PATRIOT ACT (Public Law 107–56; 115 Stat. 272), and except as provided in paragraph (2), the Secretary may not disclose to any person any information obtained under this part.
(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.
(i)
Registration procedures and check of terrorist screening database
(1)
Registration procedures
(2)
Check of terrorist screening database
(3)
Expedited review of applications
(A)
In general
Following the six-month period described in section
488e
(e) of this title, the Secretary shall, to the extent practicable, issue or deny registration numbers under this part not later than 72 hours after the time the Secretary receives a complete registration application, unless the Secretary determines, in the interest of national security, that additional time is necessary to review an application.
(4)
Expedited appeals process
(A)
Requirement
(5)
Restrictions on use and maintenance of information
(6)
Registration information
(7)
Re-checks against terrorist screening database