I 

110TH CONGRESS 

1ST SESSION H. R. 1680 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2007 

Mr. THOMPSON of Mississippi (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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure Handling of 

5 Ammonium Nitrate Act of 2007’’. 


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1 SEC. 2. SECURE HANDLING OF AMMONIUM NITRATE. 

2 (a) IN GENERAL.—Title VIII of the Homeland Secu3 rity Act of 2002 (6 U.S.C. 361 et seq.) is amended by 

4 adding at the end the following new subtitle: 

5 ‘‘Subtitle J—Secure Handling of 

6 Ammonium Nitrate 

7 ‘‘SEC. 899A. DEFINITIONS. 

8 ‘‘In this subtitle, the following definitions apply: 

9 ‘‘(1) The term ‘ammonium nitrate’ means— 

10 ‘‘(A) solid ammonium nitrate that is chief11 ly the ammonium salt of nitric acid and con12 tains not less than 33 percent nitrogen by 

13 weight; and 

14 ‘‘(B) any mixture containing a percentage 

15 of ammonium nitrate that is equal to or greater 

16 than the percentage determined by the Sec17 retary under section 899B(b). 

18 ‘‘(2) The term ‘ammonium nitrate facility’ 

19 means any site where ammonium nitrate is produced 

20 or sold. 

21 ‘‘(3) The term ‘ammonium nitrate purchaser’ 

22 means any person who buys and takes ownership of 

23 ammonium nitrate. 


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1 ‘‘SEC. 899B. REGULATION OF HANDLING AND PURCHASE OF 

2 AMMONIUM NITRATE. 

3 ‘‘(a) IN GENERAL.—The Secretary shall regulate the 

4 purchase and sale of ammonium nitrate in accordance 

5 with this subtitle to prevent the misappropriation or use 

6 of ammonium nitrate in an act of terrorism. 

7 ‘‘(b) AMMONIUM NITRATE MIXTURES.—The Sec8 retary shall, through notice and comment and by no later 

9 than 90 days after the date of the enactment of this sub10 title, establish a threshold percentage for ammonium ni11 trate in a substance. If a substance contains a percentage 

12 of ammonium nitrate that is equal to or greater than the 

13 percentage established by the Secretary, the substance 

14 shall be treated as ammonium nitrate for the purposes of 

15 this subtitle. 

16 ‘‘(c) REGISTRATION OF OWNERS OF AMMONIUM NI17 TRATE FACILITIES.— 

18 ‘‘(1) REGISTRATION.—The Secretary shall es19 tablish a process by which— 

20 ‘‘(A) any person who is the owner of an 

21 ammonium nitrate facility is required to reg22 ister with the Department; and 

23 ‘‘(B) upon such registration, such person 

24 is issued a registration number for purposes of 

25 this subtitle. 


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1 ‘‘(2) REGISTRATION INFORMATION.—The Sec2 retary shall require that each applicant for registra3 tion as the owner of an ammonium nitrate facility 

4 must submit to the Secretary— 

5 ‘‘(A) the name, address, and telephone 

6 number of each ammonium nitrate facility 

7 owned by the applicant; 

8 ‘‘(B) the name of the person designated by 

9 the owner of the ammonium nitrate facility as 

10 the point of contact of such facility, for pur11 poses of this subtitle; 

12 ‘‘(C) for each such facility, the amount of 

13 ammonium nitrate that is sold or transferred 

14 during each year; and 

15 ‘‘(D) such other information as the Sec16 retary may determine is appropriate. 

17 ‘‘(d) REGISTRATION OF AMMONIUM NITRATE PUR18 CHASERS.— 

19 ‘‘(1) REGISTRATION.—The Secretary shall es20 tablish a process by which— 

21 ‘‘(A) any person who seeks to be an ammo22 nium nitrate purchaser is required to register 

23 with the Department; and 


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1 ‘‘(B) upon such registration, such person 

2 is issued a registration number for purposes of 

3 this subtitle. 

4 ‘‘(2) REGISTRATION INFORMATION.—The Sec5 retary shall require that each applicant for registra6 tion under this subsection as a prospective ammo7 nium nitrate purchaser must submit to the Sec8 retary the name, address, and telephone number of 

9 the applicant. 

10 ‘‘(e) RECORDS.— 

11 ‘‘(1) MAINTENANCE OF RECORDS.—The Sec12 retary shall require the owner of an ammonium ni13 trate facility engaged in selling or transferring am14 monium nitrate to— 

15 ‘‘(A) maintain a record of each sale or 

16 transfer of ownership of ammonium nitrate, 

17 during the three-year period beginning on the 

18 date of such sale or transfer; and 

19 ‘‘(B) include in such record the informa20 tion described in paragraph (2). 

21 ‘‘(2) SPECIFIC INFORMATION REQUIRED.—For 

22 each such sale or transfer, the Secretary shall re23 quire that the owner of an ammonium nitrate facil24 ity shall— 


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1 ‘‘(A) record the name, address, telephone 

2 number, and registration number issued under 

3 subsection (d) of each person that takes owner4 ship of ammonium nitrate from the owner of 

5 the facility, in a manner prescribed by the Sec6 retary; 

7 ‘‘(B) if applicable, record the name, ad8 dress, and telephone number of each individual 

9 who takes possession of the ammonium nitrate 

10 on behalf of the person referred to in subpara11 graph (A), at the point of sale; 

12 ‘‘(C) record the date and quantity of am13 monium nitrate sold or transferred; and 

14 ‘‘(D) verify the identity of the persons re15 ferred to in subparagraphs (A) and (B), as ap16 plicable, in accordance with a procedure estab17 lished by the Secretary. 

18 ‘‘(3) PROTECTION OF INFORMATION.—In main19 taining records in accordance with paragraph (1), 

20 the owner of an ammonium nitrate facility shall take 

21 reasonable actions to ensure the protection of the in22 formation included in such records. 

23 ‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.—The 

24 Secretary may exempt from this subtitle a person pro25 ducing, selling, or purchasing ammonium nitrate excluVerDate Aug 31 2005 02:23 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1680.IH H1680

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1 sively for use as an explosive material under a license 

2 issued under chapter 40 of title 18, United States Code. 

3 ‘‘(g) CONSULTATION.—In carrying out this section, 

4 the Secretary shall consult with the Secretary of Agri5 culture, States, and appropriate private sector entities, to 

6 ensure that the access of agricultural producers to ammo7 nium nitrate is not unduly burdened. 

8 ‘‘(h) DATA CONFIDENTIALITY.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding section 

10 552 of title 5, United States Code, or the USA PA11 TRIOT ACT (Public Law 107–56; 115 Stat. 272), 

12 and except as provided in paragraph (2), the Sec13 retary may not disclose to any person any informa14 tion obtained under this subtitle. 

15 ‘‘(2) EXCEPTION.—The Secretary may disclose 

16 any information obtained by the Secretary under 

17 this subtitle to an officer or employee of the United 

18 States, or a person that has entered into a contract 

19 with the United States, who has a need to know the 

20 information to perform the duties of the officer, em21 ployee, or person, or to a State agency pursuant to 

22 section 899D, under appropriate arrangements to 

23 ensure the protection of the information. 


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1 ‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS. 

2 ‘‘The Secretary shall establish a process for the peri3 odic inspection and auditing of the records maintained by 

4 owners of ammonium nitrate facilities for the purpose of 

5 monitoring compliance with such section or for the pur6 pose of deterring or preventing the misappropriation or 

7 use of ammonium nitrate in an act of terrorism. 

8 ‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS. 

9 ‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary— 

10 ‘‘(1) may enter into a cooperative agreement 

11 with the Secretary of Agriculture, or the head of any 

12 State department of agriculture or its designee in13 volved in agricultural regulation, in consultation with 

14 the State agency responsible for homeland security, 

15 to carry out the provisions of this subtitle; and 

16 ‘‘(2) wherever possible, shall seek to cooperate 

17 with State agencies or their designees that oversee 

18 ammonium nitrate facility operations when seeking 

19 cooperative agreements to implement the registra20 tion and enforcement provisions of this subtitle. 

21 ‘‘(b) DELEGATION.— 

22 ‘‘(1) AUTHORITY.—The Secretary may delegate 

23 to a State the authority to assist the Secretary in 

24 the administration and enforcement of this subtitle. 

25 ‘‘(2) DELEGATION REQUIRED.—At the request 

26 of a Governor of a State, the Secretary shall deleVerDate Aug 31 2005 02:23 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1680.IH H1680

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1 gate to the State the authority to carry out func2 tions under sections 899B and 899C, if the Sec3 retary determines that the State is capable of satis4 factorily carrying out such functions. 

5 ‘‘(3) FUNDING.—Subject to the availability of 

6 appropriations, if the Secretary enters into an agree7 ment with a State under this subsection to delegate 

8 functions to the State, the Secretary shall provide to 

9 the State sufficient funds to carry out the delegated 

10 functions. 

11 ‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION

12 MATERIALS TO AMMONIUM NITRATE FACILITIES.— 

13 ‘‘(1) GUIDANCE.—The Secretary shall make 

14 available to each owner of an ammonium nitrate fa15 cility registered under section 899B(c)(1) guidance 

16 on— 

17 ‘‘(A) the identification of suspicious ammo18 nium nitrate purchases or attempted purchases; 

19 ‘‘(B) the appropriate course of action to be 

20 taken by the ammonium nitrate facility owner 

21 with respect to such a purchase or attempted 

22 purchase, including— 

23 ‘‘(i) exercising the right of the owner 

24 of the ammonium nitrate facility to decline 

25 sale of ammonium nitrate; and 


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1 ‘‘(ii) notifying appropriate law en2 forcement entities; and 

3 ‘‘(C) any such additional subjects as the 

4 Secretary determines are appropriate to prevent 

5 the misappropriation or use of ammonium ni6 trate in an act of terrorism. 

7 ‘‘(2) USE OF MATERIALS AND PROGRAMS.—In 

8 providing guidance under this subsection, the Sec9 retary shall, to the extent practicable, leverage any 

10 relevant materials and programs. 

11 ‘‘(3) NOTIFICATION MATERIALS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 make available materials suitable for posting at 

14 ammonium nitrate facilities where ammonium 

15 nitrate is sold. 

16 ‘‘(B) DESIGN OF MATERIALS.—Such mate17 rials shall be designed to notify prospective am18 monium nitrate purchasers of— 

19 ‘‘(i) the record-keeping requirements 

20 under section 899B; and 

21 ‘‘(ii) the penalties for violating such 

22 requirements. 

23 ‘‘SEC. 899E. THEFT REPORTING REQUIREMENT. 

24 ‘‘Any person who is required to comply with section 

25 899B(e) who has knowledge of the theft or unexplained 


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1 loss of ammonium nitrate shall report such theft or loss 

2 to the appropriate Federal law enforcement authorities 

3 within one calendar day of the date on which the person 

4 becomes aware of such theft or loss. 

5 ‘‘SEC. 899F. PROHIBITIONS AND PENALTY. 

6 ‘‘(a) PROHIBITIONS.—No person shall— 

7 ‘‘(1) buy and take possession of ammonium ni8 trate without a registration number required under 

9 subsection (c) or (d) of section 899B; 

10 ‘‘(2) own or operate an ammonium nitrate facil11 ity without a registration number required under 

12 section 899B(c); or 

13 ‘‘(3) fail to comply with any requirement or vio14 late any other prohibition under this subtitle. 

15 ‘‘(b) IN GENERAL.—A person that violates this sub16 title may be assessed a civil penalty by the Secretary of 

17 not more than $50,000 per violation. 

18 ‘‘(c) PENALTY CONSIDERATIONS.—In determining 

19 the amount of a civil penalty under this section, the Sec20 retary shall consider— 

21 ‘‘(1) the nature and circumstances of the viola22 tion; 

23 ‘‘(2) with respect to the person who commits 

24 the violation, any history of prior violations, the abil25 ity to pay the penalty, and any effect the penalty is 


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1 likely to have on the ability of such person to do 

2 business; and 

3 ‘‘(3) any other matter that the Secretary deter4 mines that justice requires. 

5 ‘‘(d) NOTICE AND OPPORTUNITY FOR A HEARING.— 

6 No civil penalty may be assessed under this subtitle unless 

7 the person liable for the penalty has been given notice and 

8 an opportunity for a hearing on the violation for which 

9 the penalty is to be assessed in the county, parish, or in10 corporated city of residence of that person. 

11 ‘‘(e) DELAY IN APPLICATION OF PROHIBITION ON

12 OWNERS OF FACILITIES.—Subsection (a)(2) shall apply 

13 beginning 6 months after the issuance by the Secretary 

14 of a final rule implementing this subtitle. 

15 ‘‘SEC. 899G. PREEMPTION OF OTHER LAWS. 

16 ‘‘(a) OTHER FEDERAL REGULATIONS.—Nothing in 

17 this subtitle affects any regulation issued by any agency 

18 other than an agency of the Department. 

19 ‘‘(b) STATE LAW.—This subtitle preempts the laws 

20 of any State to the extent that such laws are inconsistent 

21 with this subtitle, except that this subtitle shall not pre22 empt any State law that provides additional protection 

23 against the acquisition of ammonium nitrate by terrorists 

24 or the use of ammonium nitrate in explosives in acts of 

25 terrorism, as determined by the Secretary. 


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1 ‘‘SEC. 899H. DEADLINES FOR REGULATIONS. 

2 ‘‘The Secretary— 

3 ‘‘(1) shall issue a proposed rule implementing 

4 this subtitle within six months after the date of the 

5 enactment of this subtitle; and 

6 ‘‘(2) issue a final rule implementing this sub7 title within one year after such date of enactment. 

8 ‘‘SEC. 899I. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘There are authorized to be appropriated to the Sec10 retary such sums as may be necessary to carry out this 

11 subtitle for fiscal years 2007 through 2011.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) of such Act is amended by adding at the 

14 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.’’. 

Æ 


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