Secure Handling of Ammonium Nitrate Act of 2007

To authorize the Secretary of Homeland Security to regulate the sale of ammonium nitrate to prevent and deter the acquisition of ammonium nitrate by terrorists, and for other purposes.

10/23/2007--Passed House amended. Secure Handling of Ammonium Nitrate Act of 2007 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to regulate the sale and transfer of ammonium nitrate by an entity that produces, sells, or otherwise transfers ownership of or provides application services for it to prevent its misappropriation or use in a terrorist act.
Requires the Secretary to establish:
(1) a threshold percentage for ammonium nitrate for a substance to be treated as ammonium nitrate under this Act; and
(2) a process by which each applicant for registration as the owner of an ammonium nitrate facility is required to register with the Department of Homeland Security (DHS) and any person who seeks to be an ammonium nitrate purchaser is issued a registration number. Directs the Secretary to require the owner of a facility engaged in selling or transferring ammonium nitrate to maintain a record of each sale or transfer for two years.
Sets forth provisions regarding:
(1) exempting persons producing, selling, or purchasing ammonium nitrate exclusively for use as an explosive material under a federal explosives license;
(2) ensuring that access of agricultural producers to ammonium nitrate is not unduly burdened; and
(3) restricting the disclosure of information obtained under this Act. Directs the Secretary to:
(1) establish procedures to efficiently receive applications for registration numbers, conduct checks of appropriate identifying information of any person seeking to register against information that appears on the terrorist watch list, and promptly issue or deny a registration number; and
(2) take steps to maximize the number of registration applications that are submitted and processed during the initial six-month period. Authorizes the Secretary to deny issuance of a registration number if the person's identifying information appears on the terrorist watch list and the Secretary determines that such person may pose a threat to national security.
Requires the Secretary:
(1) following the six-month period, to issue or deny registration numbers not later than 72 hours after receiving a complete registration application unless the Secretary determines, in the interest of national security, that additional time is necessary to review an application; and
(2) in all cases, to notify persons of the status of their application not later than 72 hours after receiving it. Directs the Secretary to:
(1) establish an expedited appeals process for persons denied a registration number;
(2) resolve appeals within 72 hours unless additional time is necessary in the interest of national security;
(3) provide guidance regarding the procedures and information required for an appeal; and
(4) recheck, as appropriate, and revoke a registration number upon determining that the person may pose a threat to national security, but requires prior notice to permit an appeal. Sets forth provisions regarding:
(1) inspecting and auditing facility owner records to prevent the misappropriation of ammonium nitrate; and
(2) timely reporting by individuals of the theft or unexplained loss of ammonium nitrate. Requires the relevant federal authorities to inform appropriate state, local, and tribal law enforcement entities of such theft or loss.
Prohibits individuals and owners of ammonium nitrate facilities from taking and transferring possession of ammonium nitrate to persons who are not registered or to agents of a non-registered person. Sets forth related prohibitions.
Prohibits:
(1) buying and taking possession of ammonium nitrate, or owning or operating an ammonium nitrate facility, without a registration number; or
(2) failing to comply with any requirement of this Act. Prescribes a civil penalty. Lists considerations in determining the penalty amount, including the nature and circumstances of the violation and any history of prior violations, ability to pay, and effect on the person's ability to conduct business.
Shields an owner of an ammonium nitrate facility from liability (subject to specified limitations) where the owner, in good faith, refuses to sell or transfer ammonium nitrate to any person, or discloses to DHS or to appropriate law enforcement authorities an actual or attempted purchase or transfer, based on a reasonable belief that the person seeking the purchase or transfer may use the ammonium nitrate to create an explosive device to be employed in a terrorist act or for any other unlawful purpose.
Authorizes appropriations.


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Sponsor

• Rep. Bennie Thompson [D, MS-2]
• and 9 Co-Sponsors
  • Rep. Charles Dent [R, PA-15]
  • Rep. Bob Etheridge [D, NC-2]
  • Rep. Al Green [D, TX-9]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. Peter King [R, NY-3]
  • Rep. James Langevin [D, RI-2]
  • Rep. Zoe Lofgren [D, CA-16]
  • Rep. Michael McCaul [R, TX-10]
  • Rep. Loretta Sanchez [D, CA-47]
  close

Committees

• Senate Homeland Security and Governmental Affairs
• 2 more
  • House Homeland Security
  • House Homeland Security
  close

Amendments

This bill has no amendments.

Amendments to H.R.1680

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
March 26, 2007		October 23, 2007

Show All Actions (19 actions)Hide Actions

All Bill Actions

• Dec 26, 2007: Provisions of Measure Incorporated into Section 563 of Title V of Division E of H.R. 2764.
• Oct 24, 2007: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
• Oct 23, 2007: The title of the measure was amended. Agreed to without objection.
• Passed by voice vote in the House on Oct 23, 2007. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
• Oct 23, 2007: DEBATE - The House proceeded with forty minutes of debate on H.R. 1680.
• Oct 23, 2007: Considered under suspension of the rules.
• Oct 23, 2007: Mr. Thompson (MS) moved to suspend the rules and pass the bill, as amended.
• Added to calendar on Oct 02, 2007: Placed on the Union Calendar, Calendar No. 221..
• Oct 02, 2007: Reported (Amended) by the Committee on Homeland Security. H. Rept. 110-357.
• Added to calendar on Apr 26, 2007: Ordered to be Reported (Amended) by Voice Vote..
• Apr 26, 2007: Committee Consideration and Mark-up Session Held.
• Apr 26, 2007: Ordered to be Reported (Amended) by Voice Vote.
• Apr 17, 2007: Committee Consideration and Mark-up Session Held.
• Mar 29, 2007: Forwarded by Subcommittee to Full Committee by Voice Vote .
• Mar 29, 2007: Subcommittee Consideration and Mark-up Session Held.
• Mar 28, 2007: Referred to the Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology.
• Mar 26, 2007: Referred to the House Committee on Homeland Security.
• Introduced on Mar 26, 2007.
• Mar 26, 2007: Referred to the Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology.

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Related Bills:

• S.1463

Related Issue Areas:

• Emergency management
• Agriculture
• Business
• Business records
• 16 more
• Chemical industries
• Counterterrorism
• Criminal justice
• Criminal justice information
• Explosives
• Fertilizers
• Fines (Penalties)
• Government information
• Government paperwork
• Identification devices
• Larceny
• Law
• Nitrates
• Terrorism
• Ammonia
• Licenses

Data from the Congressional Research Service

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In the News

October 24, 2007 House Passes Legislation to Regulate Fertilizer Chemical

The US House of Representatives passed legislation (HR 1680) on Tuesday, October 23 that would regulate the production, sale and purchase of explosive ...

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Source: Helicopter Association International, VA

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October 23, 2007 Ammonium Nitrate Bill Passes House

Bennie G. Thompson (D-MS), Chairman of the Committee on Homeland Security announced passage of HR 1680, the "Secure Handling of Ammonium Nitrate Act of ...

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Source: The Associated Press

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April 17, 2007 Legislative Update: Legislation to Federally Regulate Fertilizer

The House Homeland Security Committee is likely to approve legislation (HR 1680) today, April 17, that would for the first time create federal regulations ...

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Source: Helicopter Association International, VA

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Blog Coverage

March 26, 2008 Ammonium Nitrate

One of the things lumped into the $555 billion domestic spending bill that President Bush signed last week was the Secure Handling of Ammonium Nitrate Act of 2007 (HR 1680). The bill had languished in the previous two Congresses ...

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January 20, 2008 heathkit hr 1680

heathkit hr 1680 - mt-123.info/search.php?q=heathkit-hr-1680.

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January 09, 2008 Stolen Fuel Truck Prompts National Alert

Even with the passage of HR 1680 and S. 1463, also known as the "Secure Handling of Ammonium Nitrate Act of 2007" which gives regulatory oversight power to the Homeland Security Secretary for purchases and sales of ammonium nitrate "to ...

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