S 1463 ISCommentsClose CommentsPermalink

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

May 23, 2007

Mr. PRYOR (for himself, Mr. COCHRAN, Mr. CRAIG, Mr. ROBERTS, Mr. SCHUMER, and Mr. CHAMBLISS) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`Subtitle J--Secure Handling of Ammonium Nitrate

`SEC. 899A. DEFINITIONS.

`In this subtitle:CommentsClose CommentsPermalink





`(1) AMMONIUM NITRATE- 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) AMMONIUM NITRATE FACILITY- 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) AMMONIUM NITRATE PURCHASER- 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- Not later than 90 days after the date of the enactment of this subtitle, 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.CommentsClose CommentsPermalink





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





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





`(A) owns an ammonium nitrate facility is required to register with the Department; andCommentsClose CommentsPermalink





`(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle.CommentsClose CommentsPermalink





`(2) REGISTRATION INFORMATION- Any person applying to register under paragraph (1) shall submit to the Secretary--CommentsClose CommentsPermalink





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





`(B) the name of the person designated by that person as the point of contact for each such facility, for purposes of this subtitle; andCommentsClose CommentsPermalink





`(C) 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 any person that--CommentsClose CommentsPermalink





`(A) intends to be an ammonium nitrate purchaser is required to register with the Department; andCommentsClose CommentsPermalink





`(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle.CommentsClose CommentsPermalink





`(2) REGISTRATION INFORMATION- Any person applying to register under paragraph (1) as an ammonium nitrate purchaser shall submit to the Secretary--CommentsClose CommentsPermalink





`(A) the name, address, and telephone number of the applicant; andCommentsClose CommentsPermalink





`(B) the intended use of ammonium nitrate to be purchased by the applicant.CommentsClose CommentsPermalink





`(e) Records-CommentsClose CommentsPermalink





`(1) MAINTENANCE OF RECORDS- The owner of an ammonium nitrate facility shall--CommentsClose CommentsPermalink





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





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





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





`(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; orCommentsClose CommentsPermalink





`(B) to a State agency under section 899D, under appropriate arrangements to ensure the protection of the information.CommentsClose CommentsPermalink





`(i) Registration Procedures and Check of Terrorist Screening Database-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 described in section 899F(e).CommentsClose CommentsPermalink





`(2) CHECK OF TERRORIST SCREENING DATABASE-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 in the terrorist screening database of the Department.CommentsClose CommentsPermalink





`(B) AUTHORITY TO DENY REGISTRATION NUMBER- If the identifying information of a person seeking to register with the Department under subsection (c) or (d) appears in the terrorist screening database of the Department, 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 described 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 a person seeking to register with the Department under subsection (c) or (d) of the status of the application of that person 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 any person denied a registration number under this subtitle.CommentsClose CommentsPermalink





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





`(A) IN GENERAL- 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.CommentsClose CommentsPermalink





`(B) SHARING OF INFORMATION- 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 SCREENING DATABASE-CommentsClose CommentsPermalink





`(A) RE-CHECKS- The Secretary shall, as appropriate, recheck persons provided a registration number pursuant to this subtitle against the terrorist screening database of the Department, 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 this subtitle 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 that 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 delegates functions to a State under this subsection, the Secretary shall provide to that 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) additional subjects determined appropriate by 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 locations where ammonium nitrate is sold.CommentsClose CommentsPermalink





`(B) DESIGN OF MATERIALS- Materials made available under subparagraph (A) 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 not later than 1 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, or is not 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) 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





`(c) 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





`(d) 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





`(e) Delay in Application of Prohibition- Paragraphs (1) and (2) of subsection (a) shall apply on and after the date that is 6 months after the date that the Secretary issues 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 that in good faith refuses to sell or transfer ammonium nitrate to any person, or that in good faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of ammonium nitrate, 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 not be liable in any civil action relating to that refusal to sell ammonium nitrate or that disclosure.CommentsClose CommentsPermalink





`(b) Reasonable Belief- A reasonable belief that a person may use ammonium nitrate to create an explosive device to be employed in an act of terrorism under subsection (a) may not solely be based on the race, sex, national origin, creed, religion, status as a veteran, or status as a member of the Armed Forces of the United States of that person.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 not later than 6 months after the date of the enactment of this subtitle; andCommentsClose CommentsPermalink





`(2) issue a final rule implementing this subtitle not later than 1 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 are necessary to carry out this subtitle for each of fiscal years 2007 through 2011.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 899 the following: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