Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	2,290	n/a	n/a
Reported in House	3,706	48	46%
Engrossed in House	3,499	11	11%
Referred in Senate	3,596	5 Show Changes Hide Changes	2%

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HR 1680 EHRFSCommentsClose CommentsPermalink

110th CONGRESS 1st Session H. R. 1680 AN ACT

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Secure Handling of Ammonium Nitrate Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. SECURE HANDLING OF AMMONIUM NITRATE.

(a) In General- Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by adding at the end the following new subtitle:CommentsClose CommentsPermalink

`Subtitle J--Secure Handling of Ammonium Nitrate

`SEC. 899A. DEFINITIONS.

`In this subtitle, the following definitions apply:CommentsClose CommentsPermalink





`(1) The term `ammonium nitrate' means--CommentsClose CommentsPermalink





`(A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen by weight; andCommentsClose CommentsPermalink





`(B) any mixture containing a percentage of ammonium nitrate that is equal to or greater than the percentage determined by the Secretary under section 899B(b).CommentsClose CommentsPermalink





`(2) The term `ammonium nitrate facility' means any entity that produces, sells, or otherwise transfers ownership of, or provides application services for, ammonium nitrate.CommentsClose CommentsPermalink





`(3) The term `ammonium nitrate purchaser' means any person who buys and takes possession of ammonium nitrate from an ammonium nitrate facility.CommentsClose CommentsPermalink

`SEC. 899B. 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 subtitle to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.CommentsClose CommentsPermalink





`(b) Ammonium Nitrate Mixtures- The Secretary, in consultation with the heads of appropriate Federal departments and agencies, including the Secretary of Agriculture, shall, through notice and comment and by no later than 90 days after the date of the enactment of this subtitle, establish a threshold percentage for ammonium nitrate in a substance. If a substance contains a percentage of ammonium nitrate that is equal to or greater than the percentage established by the Secretary, the substance shall be treated as ammonium nitrate for the purposes of this subtitle.CommentsClose CommentsPermalink





`(c) Registration of Owners of Ammonium Nitrate Facilities-CommentsClose CommentsPermalink





`(1) REGISTRATION- The Secretary shall establish a process by which--CommentsClose CommentsPermalink





`(A) any person who is the owner of an ammonium nitrate facility is required to register with the Department; andCommentsClose CommentsPermalink





`(B) upon such registration, such person is issued a registration number for purposes of this subtitle.CommentsClose CommentsPermalink





`(2) REGISTRATION INFORMATION- The Secretary shall require that each applicant for registration as the owner of an ammonium nitrate facility must submit to the Secretary--CommentsClose CommentsPermalink





`(A) the name, address, and telephone number of each ammonium nitrate facility owned by the applicant;CommentsClose CommentsPermalink





`(B) the name of the person designated by the owner of the ammonium nitrate facility as the point of contact of such facility, for purposes of this subtitle;CommentsClose CommentsPermalink





`(C) for each such facility, the amount of ammonium nitrate that is sold or transferred during each year; andCommentsClose CommentsPermalink





`(D) such other information as the Secretary may determine is appropriate.CommentsClose CommentsPermalink





`(d) Registration of Ammonium Nitrate Purchasers-CommentsClose CommentsPermalink





`(1) REGISTRATION- The Secretary shall establish a process by which--CommentsClose CommentsPermalink





`(A) any person who seeks to be an ammonium nitrate purchaser is required to register with the Department; andCommentsClose CommentsPermalink





`(B) upon such registration, such person is issued a registration number for purposes of this subtitle.CommentsClose CommentsPermalink





`(2) REGISTRATION INFORMATION- The Secretary shall require that each applicant for registration under this subsection as a prospective ammonium nitrate purchaser must submit to the Secretary the name, address, and telephone number of the applicant and the intended use of ammonium nitrate to be purchased by the applicant.CommentsClose CommentsPermalink





`(e) Records-CommentsClose CommentsPermalink





`(1) MAINTENANCE OF RECORDS- The Secretary shall require the owner of an ammonium nitrate facility engaged in selling or transferring ammonium nitrate to--CommentsClose CommentsPermalink





`(A) maintain a record of each sale or transfer of ammonium nitrate, during the two-year period beginning on the date of such sale or transfer; andCommentsClose CommentsPermalink





`(B) include in such record the information described in paragraph (2).CommentsClose CommentsPermalink





`(2) SPECIFIC INFORMATION REQUIRED- For each such sale or transfer, the Secretary shall require the owner of an ammonium nitrate facility to--CommentsClose CommentsPermalink





`(A) record the name, address, telephone number, and registration number issued under subsection (c) or (d) of each person that takes possession of ammonium nitrate from the owner of an ammonium nitrate facility, in a manner prescribed by the Secretary;CommentsClose CommentsPermalink





`(B) if applicable, record the name, address, and telephone number of each individual who takes possession of the ammonium nitrate on behalf of the person referred to in subparagraph (A), at the point of sale;CommentsClose CommentsPermalink





`(C) record the date and quantity of ammonium nitrate sold or transferred; andCommentsClose CommentsPermalink





`(D) verify the identity of the persons referred to in subparagraphs (A) and (B), as applicable, in accordance with a procedure established by the Secretary.CommentsClose CommentsPermalink





`(3) PROTECTION OF INFORMATION- In maintaining records in accordance with paragraph (1), the owner of an ammonium nitrate facility shall take reasonable actions to ensure the protection of the information included in such records.CommentsClose CommentsPermalink





`(f) Exemption for Explosive Purposes- The Secretary may exempt from this subtitle a person producing, selling, or purchasing ammonium nitrate exclusively for use as an explosive material under a license issued under chapter 40 of title 18, United States Code.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(h) Data Confidentiality-CommentsClose CommentsPermalink





`(1) IN GENERAL- Notwithstanding section 552 of title 5, United States Code, 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 subtitle.CommentsClose CommentsPermalink





`(2) EXCEPTION- The Secretary may disclose any information obtained by the Secretary under this subtitle to 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 to a State agency pursuant to section 899D, under appropriate arrangements to ensure the protection of the information.CommentsClose CommentsPermalink





`(i) Registration Procedures and Check of Terrorist Watch List-CommentsClose CommentsPermalink





`(1) REGISTRATION PROCEDURES-CommentsClose CommentsPermalink





`(A) GENERALLY- The Secretary shall establish procedures to efficiently receive applications for registration numbers under this subtitle, conduct the checks required under paragraph (2), and promptly issue or deny a registration number.CommentsClose CommentsPermalink





`(B) INITIAL SIX-MONTH REGISTRATION PERIOD- The Secretary shall take steps to maximize the number of registration applications that are submitted and processed during the six-month period provided for in section 899F(e).CommentsClose CommentsPermalink





`(2) CHECK OF TERRORIST WATCH LIST-CommentsClose CommentsPermalink





`(A) CHECK REQUIRED- The Secretary shall conduct a check of appropriate identifying information of any person seeking to register with the Department under subsection (c) or (d) against identifying information that appears on the terrorist watch list.CommentsClose CommentsPermalink





`(B) AUTHORITY TO DENY REGISTRATION NUMBER- If the person's identifying information appears on the terrorist watch list and the Secretary determines such person may pose a threat to national security, the Secretary may deny issuance of a registration number under this subtitle.CommentsClose CommentsPermalink





`(3) EXPEDITED REVIEW OF APPLICATIONS-CommentsClose CommentsPermalink





`(A) IN GENERAL- Following the six-month period provided for in section 899F(e), the Secretary shall, to the extent practicable, issue or deny registration numbers under this subtitle 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.CommentsClose CommentsPermalink





`(B) NOTICE OF APPLICATION STATUS- In all cases, the Secretary shall notify persons of the status of their application not later than 72 hours after the time the Secretary receives a complete registration application.CommentsClose CommentsPermalink





`(4) EXPEDITED APPEALS PROCESS-CommentsClose CommentsPermalink





`(A) REQUIREMENT-CommentsClose CommentsPermalink





`(i) APPEALS PROCESS- The Secretary shall establish an expedited appeals process for persons denied a registration number under this subtitle.CommentsClose CommentsPermalink





`(ii) TIME PERIOD FOR RESOLUTION- The Secretary shall, to the extent practicable, resolve appeals not later than 72 hours after receiving a complete request for appeal unless the Secretary determines, in the interest of national security, that additional time is necessary to resolve an appeal.CommentsClose CommentsPermalink





`(B) CONSULTATION- The Secretary, in developing the appeals process under subparagraph (A), shall consult with appropriate stakeholders.CommentsClose CommentsPermalink





`(C) GUIDANCE- The Secretary shall provide guidance regarding the procedures and information required for an appeal under subparagraph (A) to persons denied registration numbers under this subtitle.CommentsClose CommentsPermalink





`(5) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Information obtained by the Secretary under this section may not be made available to the public.CommentsClose CommentsPermalink





`(B) USE OF CERTAIN INFORMATION- Any information constituting grounds for denial of a registration number under this section shall be maintained confidentially by the Secretary and may be used only for making determinations under this section. Notwithstanding any other provision of this subtitle, the Secretary may share any such information with Federal, State, local, and tribal law enforcement agencies, as appropriate.CommentsClose CommentsPermalink





`(6) REGISTRATION INFORMATION-CommentsClose CommentsPermalink





`(A) AUTHORITY TO REQUIRE INFORMATION- The Secretary may require a person applying for a registration number under this subtitle to submit such information as may be necessary to carry out the requirements of this section.CommentsClose CommentsPermalink





`(B) REQUIREMENT TO UPDATE INFORMATION- The Secretary may require persons issued a registration under this subtitle to update registration information submitted to the Secretary under this subtitle, as appropriate.CommentsClose CommentsPermalink





`(7) RE-CHECKS AGAINST TERRORIST WATCH LIST-CommentsClose CommentsPermalink





`(A) RE-CHECKS- The Secretary shall, as appropriate, re-check persons provided a registration number pursuant to this subtitle against the terrorist watch list, and may revoke such registration number if the Secretary determines such person may pose a threat to national security.CommentsClose CommentsPermalink





`(B) NOTICE OF REVOCATION- The Secretary shall, as appropriate, provide prior notice to a person whose registration number is revoked under this section and such person shall have an opportunity to appeal, as provided in paragraph (4).CommentsClose CommentsPermalink

`SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

`The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium nitrate facilities for the purpose of monitoring compliance with such section or for the purpose of deterring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism.CommentsClose CommentsPermalink

`SEC. 899D. ADMINISTRATIVE PROVISIONS.

`(a) Cooperative Agreements- The Secretary--CommentsClose CommentsPermalink





`(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 subtitle; andCommentsClose CommentsPermalink





`(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 subtitle.CommentsClose CommentsPermalink





`(b) Delegation-CommentsClose CommentsPermalink





`(1) AUTHORITY- The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this subtitle.CommentsClose CommentsPermalink





`(2) DELEGATION REQUIRED- At the request of a Governor of a State, the Secretary shall delegate to the State the authority to carry out functions under sections 899B and 899C, if the Secretary determines that the State is capable of satisfactorily carrying out such functions.CommentsClose CommentsPermalink





`(3) FUNDING- Subject to the availability of appropriations, if the Secretary enters into an agreement with a State under this subsection to delegate functions to the State, the Secretary shall provide to the State sufficient funds to carry out the delegated functions.CommentsClose CommentsPermalink





`(c) Provision of Guidance and Notification Materials to Ammonium Nitrate Facilities-CommentsClose CommentsPermalink





`(1) GUIDANCE- The Secretary shall make available to each owner of an ammonium nitrate facility registered under section 899B(c)(1) guidance on--CommentsClose CommentsPermalink





`(A) the identification of suspicious ammonium nitrate purchases or transfers or attempted purchases or transfers;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium nitrate; andCommentsClose CommentsPermalink





`(ii) notifying appropriate law enforcement entities; andCommentsClose CommentsPermalink





`(C) any such additional subjects as the Secretary determines are appropriate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) NOTIFICATION MATERIALS-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall make available materials suitable for posting at ammonium nitrate facilities where ammonium nitrate is sold.CommentsClose CommentsPermalink





`(B) DESIGN OF MATERIALS- Such materials shall be designed to notify prospective ammonium nitrate purchasers of--CommentsClose CommentsPermalink





`(i) the record-keeping requirements under section 899B; andCommentsClose CommentsPermalink





`(ii) the penalties for violating such requirements.CommentsClose CommentsPermalink

`SEC. 899E. THEFT REPORTING REQUIREMENT.

`Any person who is required to comply with section 899B(e) who has knowledge of the theft or unexplained loss of ammonium nitrate shall report such theft or loss to the appropriate Federal law enforcement authorities within one calendar day of the date on which the person becomes aware of such theft or loss. Upon receipt of such report, the relevant Federal authorities shall inform State, local, and tribal law enforcement entities as appropriate.CommentsClose CommentsPermalink

`SEC. 899F. PROHIBITIONS AND PENALTY.

`(a) Prohibitions-CommentsClose CommentsPermalink





`(1) TAKING POSSESSION- No person shall take possession of ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of section 899B, or is an agent of a person registered under subsection (c) or (d) of that section.CommentsClose CommentsPermalink





`(2) TRANSFERRING POSSESSION- An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any person who is not registered under subsection (c) or (d) of section 899B, unless such person is an agent of a person registered under subsection (c) or (d) of that section.CommentsClose CommentsPermalink





`(3) OTHER PROHIBITIONS- No person shall--CommentsClose CommentsPermalink





`(A) buy and take possession of ammonium nitrate without a registration number required under subsection (c) or (d) of section 899B;CommentsClose CommentsPermalink





`(B) own or operate an ammonium nitrate facility without a registration number required under section 899B(c); orCommentsClose CommentsPermalink





`(C) fail to comply with any requirement or violate any other prohibition under this subtitle.CommentsClose CommentsPermalink





`(b) Prohibitions- No person shall--CommentsClose CommentsPermalink





`(1) buy and take possession of ammonium nitrate without a registration number required under subsection (c) or (d) of section 899B;CommentsClose CommentsPermalink





`(2) own or operate an ammonium nitrate facility without a registration number required under section 899B(c); orCommentsClose CommentsPermalink





`(3) fail to comply with any requirement or violate any other prohibition under this subtitle.CommentsClose CommentsPermalink





`(c) Civil Penalty- A person that violates this subtitle may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.CommentsClose CommentsPermalink





`(d) Penalty Considerations- In determining the amount of a civil penalty under this section, the Secretary shall consider--CommentsClose CommentsPermalink





`(1) the nature and circumstances of the violation;CommentsClose CommentsPermalink





`(2) with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; andCommentsClose CommentsPermalink





`(3) any other matter that the Secretary determines that justice requires.CommentsClose CommentsPermalink





`(e) Notice and Opportunity for a Hearing- No civil penalty may be assessed under this subtitle unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person.CommentsClose CommentsPermalink





`(f) Delay in Application of Prohibition- Paragraphs (1) and (2) of subsection (a) shall apply beginning 6 months after the issuance by the Secretary of a final rule implementing this subtitle.CommentsClose CommentsPermalink

`SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

`(a) In General- Notwithstanding any other provision of law, an owner of an ammonium nitrate facility who in good faith refuses to sell or transfer ammonium nitrate to any person, or who in good faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer, based upon a reasonable belief that the person seeking purchase or transfer of ammonium nitrate may use the ammonium nitrate to create an explosive device to be employed in an act of terrorism (as defined in section 3077 of title 18, United States Code), or to use ammonium nitrate for any other unlawful purpose, shall be immune from civil liability arising from that refusal to sell ammonium nitrate or from making that disclosure.CommentsClose CommentsPermalink





`(b) Limitation- Subsection (a) shall not be construed to apply with respect to any refusal to sell or disclosure--CommentsClose CommentsPermalink





`(1) that violates--CommentsClose CommentsPermalink





`(A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq); orCommentsClose CommentsPermalink





`(B) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); orCommentsClose CommentsPermalink





`(2) made on the basis that the person seeking purchase or transfer of ammonium nitrate is a veteran or member of the armed forces of the United States.CommentsClose CommentsPermalink

`SEC. 899H. PREEMPTION OF OTHER LAWS.

`(a) Other Federal Regulations- Except as provided in section 899G, nothing in this subtitle affects any regulation issued by any agency other than an agency of the Department.CommentsClose CommentsPermalink





`(b) State Law- Subject to section 899G, this subtitle preempts the laws of any State to the extent that such laws are inconsistent with this subtitle, except that this subtitle shall not preempt any State law that provides additional protection against the acquisition of ammonium nitrate by terrorists or the use of ammonium nitrate in explosives in acts of terrorism or for other illicit purposes, as determined by the Secretary.CommentsClose CommentsPermalink

`SEC. 899I. DEADLINES FOR REGULATIONS.

`The Secretary--CommentsClose CommentsPermalink





`(1) shall issue a proposed rule implementing this subtitle within six months after the date of the enactment of this subtitle; andCommentsClose CommentsPermalink





`(2) issue a final rule implementing this subtitle within one year after such date of enactment.CommentsClose CommentsPermalink

`SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subtitle for fiscal years 2007 through 2011.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title VIII the following new items:CommentsClose CommentsPermalink

`Subtitle J--Secure Handling of Ammonium Nitrate

`Sec. 899A. Definitions.CommentsClose CommentsPermalink





`Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.CommentsClose CommentsPermalink





`Sec. 899C. Inspection and auditing of records.CommentsClose CommentsPermalink





`Sec. 899D. Administrative provisions.CommentsClose CommentsPermalink





`Sec. 899E. Theft reporting requirement.CommentsClose CommentsPermalink





`Sec. 899F. Prohibitions and penalty.CommentsClose CommentsPermalink





`Sec. 899G. Protection from civil liability.CommentsClose CommentsPermalink





`Sec. 899H. Preemption of other laws.CommentsClose CommentsPermalink





`Sec. 899I. Deadlines for regulations.CommentsClose CommentsPermalink





`Sec. 899J. Authorization of appropriations.'.CommentsClose CommentsPermalink

Passed the House of Representatives October 23, 2007.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

110th CONGRESS1st SessionH. R. 1680AN ACTTo 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 LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink