< Back to H.R. 1680 (110th Congress, 2007–2009)

Text of the Secure Handling of Ammonium Nitrate Act of 2007

This bill was introduced in a previous session of Congress and was passed by the House on October 23, 2007 but was never passed by the Senate. The text of the bill below is as of Mar 26, 2007 (Introduced).

This is not the latest text of this bill.

Source: GPO

I

110th CONGRESS

1st Session

H. R. 1680

IN THE HOUSE OF REPRESENTATIVES

March 26, 2007

(for himself, Mr. King of New York, Mr. Langevin, Mr. McCaul of Texas, Mr. Etheridge, Mr. Dent, Ms. Loretta Sanchez of California, and Ms. Jackson-Lee of Texas) introduced the following bill; which was referred to the Committee on Homeland Security

A BILL

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.

1.

Short title

This Act may be cited as the Secure Handling of Ammonium Nitrate Act of 2007.

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:

J

Secure Handling of Ammonium Nitrate

899A.

Definitions

In this subtitle, the following definitions apply:

(1)

The term ammonium nitrate means—

(A)

solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen by weight; and

(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).

(2)

The term ammonium nitrate facility means any site where ammonium nitrate is produced or sold.

(3)

The term ammonium nitrate purchaser means any person who buys and takes ownership of ammonium nitrate.

899B.

Regulation of handling and purchase of ammonium nitrate

(a)

In general

The Secretary shall regulate the purchase and sale of ammonium nitrate in accordance with this subtitle to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.

(b)

Ammonium nitrate mixtures

The Secretary 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.

(c)

Registration of owners of ammonium nitrate facilities

(1)

Registration

The Secretary shall establish a process by which—

(A)

any person who is the owner of an ammonium nitrate facility is required to register with the Department; and

(B)

upon such registration, such person is issued a registration number for purposes of this subtitle.

(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—

(A)

the name, address, and telephone number of each ammonium nitrate facility owned by the applicant;

(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;

(C)

for each such facility, the amount of ammonium nitrate that is sold or transferred during each year; and

(D)

such other information as the Secretary may determine is appropriate.

(d)

Registration of ammonium nitrate purchasers

(1)

Registration

The Secretary shall establish a process by which—

(A)

any person who seeks to be an ammonium nitrate purchaser is required to register with the Department; and

(B)

upon such registration, such person is issued a registration number for purposes of this subtitle.

(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.

(e)

Records

(1)

Maintenance of records

The Secretary shall require the owner of an ammonium nitrate facility engaged in selling or transferring ammonium nitrate to—

(A)

maintain a record of each sale or transfer of ownership of ammonium nitrate, during the three-year period beginning on the date of such sale or transfer; and

(B)

include in such record the information described in paragraph (2).

(2)

Specific information required

For each such sale or transfer, the Secretary shall require that the owner of an ammonium nitrate facility shall—

(A)

record the name, address, telephone number, and registration number issued under subsection (d) of each person that takes ownership of ammonium nitrate from the owner of the facility, in a manner prescribed by the Secretary;

(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;

(C)

record the date and quantity of ammonium nitrate sold or transferred; and

(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.

(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.

(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.

(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, 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.

(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.

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.

899D.

Administrative provisions

(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 subtitle; 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 subtitle.

(b)

Delegation

(1)

Authority

The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this subtitle.

(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.

(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.

(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 899B(c)(1) guidance on—

(A)

the identification of suspicious ammonium nitrate purchases or attempted purchases;

(B)

the appropriate course of action to be taken by the ammonium nitrate facility owner with respect to such a purchase or attempted purchase, 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)

any such additional subjects as the Secretary determines are 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 ammonium nitrate facilities where ammonium nitrate is sold.

(B)

Design of materials

Such materials shall be designed to notify prospective ammonium nitrate purchasers of—

(i)

the record-keeping requirements under section 899B; and

(ii)

the penalties for violating such requirements.

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.

899F.

Prohibitions and penalty

(a)

Prohibitions

No person shall—

(1)

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

(2)

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

(3)

fail to comply with any requirement or violate any other prohibition under this subtitle.

(b)

In general

A person that violates this subtitle may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.

(c)

Penalty considerations

In determining the amount of a civil penalty under this section, the Secretary shall consider—

(1)

the nature and circumstances of the violation;

(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; and

(3)

any other matter that the Secretary determines that justice requires.

(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.

(e)

Delay in application of prohibition on owners of facilities

Subsection (a)(2) shall apply beginning 6 months after the issuance by the Secretary of a final rule implementing this subtitle.

899G.

Preemption of other laws

(a)

Other Federal regulations

Nothing in this subtitle affects any regulation issued by any agency other than an agency of the Department.

(b)

State law

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, as determined by the Secretary.

899H.

Deadlines for regulations

The Secretary—

(1)

shall issue a proposed rule implementing this subtitle within six months after the date of the enactment of this subtitle; and

(2)

issue a final rule implementing this subtitle within one year after such date of enactment.

899I.

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.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding at the end the following new items:

Subtitle J—Secure Handling of Ammonium Nitrate

Sec. 899A. Definitions.

Sec. 899B. Regulation of handling and purchase of ammonium nitrate.

Sec. 899C. Inspection and auditing of records.

Sec. 899D. Administrative provisions.

Sec. 899E. Theft reporting requirement.

Sec. 899F. Prohibitions and penalty.

Sec. 899G. Preemption of other laws.

Sec. 899H. Deadlines for regulations.

Sec. 899I. Authorization of appropriations.

.