IB 
Union Calendar No. 221 
110TH CONGRESS 
1ST SESSION H. R. 1680 
[Report No. 110–357] 
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. LO-
RETTA SANCHEZ of California, and Ms. JACKSON-LEE of Texas) intro-
duced the following bill; which was referred to the Committee on Home-
land Security 
OCTOBER 2, 2007 
Additional sponsors: Ms. ZOE LOFGREN of California and Mr. AL GREEN of 
Texas 
OCTOBER 2, 2007 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 26, 2007] 
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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure Handling of Am-
monium Nitrate Act of 2007’’. 
SEC. 2. SECURE HANDLING OF AMMONIUM NITRATE. 
(a) IN GENERAL.—Title VIII of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 361 et seq.) is amended by add-
ing at the end the following new subtitle: 
‘‘Subtitle J—Secure Handling of 
Ammonium Nitrate 
‘‘SEC. 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 entity that produces, sells, or otherwise 
transfers ownership of, or provides application serv-
ices for, ammonium nitrate. 
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‘‘(3) The term ‘ammonium nitrate purchaser’ 
means any person who buys and takes possession of 
ammonium nitrate from an ammonium nitrate facil-
ity. 
‘‘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. 
‘‘(b) AMMONIUM NITRATE MIXTURES.—The Secretary, 
in consultation with the heads of appropriate Federal de-
partments and agencies, including the Secretary of Agri-
culture, 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 ammo-
nium 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 NI-
TRATE FACILITIES.— 
‘‘(1) REGISTRATION.—The Secretary shall estab-
lish a process by which— 
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‘‘(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 Sec-
retary shall require that each applicant for registra-
tion as the owner of an ammonium nitrate facility 
must submit to the Secretary— 
‘‘(A) the name, address, and telephone num-
ber 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 Sec-
retary may determine is appropriate. 
‘‘(d) REGISTRATION
OF AMMONIUM NITRATE PUR-
CHASERS.— 
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‘‘(1) REGISTRATION.—The Secretary shall estab-
lish a process by which— 
‘‘(A) any person who seeks to be an ammo-
nium 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 Sec-
retary shall require that each applicant for registra-
tion under this subsection as a prospective ammo-
nium nitrate purchaser must submit to the Secretary 
the name, address, and telephone number of the appli-
cant and the intended use of ammonium nitrate to be 
purchased by the applicant. 
‘‘(e) RECORDS.— 
‘‘(1) MAINTENANCE
OF
RECORDS.—The Sec-
retary shall require the owner of an ammonium ni-
trate facility engaged in selling or transferring am-
monium nitrate to— 
‘‘(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; and 
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‘‘(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 
the owner of an ammonium nitrate facility to— 
‘‘(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; 
‘‘(B) if applicable, record the name, address, 
and telephone number of each individual who 
takes possession of the ammonium nitrate on be-
half of the person referred to in subparagraph 
(A), at the point of sale; 
‘‘(C) record the date and quantity of ammo-
nium nitrate sold or transferred; and 
‘‘(D) verify the identity of the persons re-
ferred to in subparagraphs (A) and (B), as ap-
plicable, in accordance with a procedure estab-
lished by the Secretary. 
‘‘(3) PROTECTION OF INFORMATION.—In main-
taining records in accordance with paragraph (1), the 
owner of an ammonium nitrate facility shall take 
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reasonable actions to ensure the protection of the in-
formation included in such records. 
‘‘(f) EXEMPTION
FOR EXPLOSIVE PURPOSES.—The 
Secretary may exempt from this subtitle a person pro-
ducing, selling, or purchasing ammonium nitrate exclu-
sively 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 ni-
trate 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 informa-
tion to perform the duties of the officer, employee, or 
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person, or to a State agency pursuant to section 
899D, under appropriate arrangements to ensure the 
protection of the information. 
‘‘(i) REGISTRATION PROCEDURES
AND CHECK
OF 
TERRORIST WATCH LIST.— 
‘‘(1) REGISTRATION PROCEDURES.— 
‘‘(A) GENERALLY.—The Secretary shall es-
tablish procedures to efficiently receive applica-
tions for registration numbers under this sub-
title, conduct the checks required under para-
graph (2), and promptly issue or deny a reg-
istration number. 
‘‘(B) INITIAL SIX-MONTH REGISTRATION PE-
RIOD.—The Secretary shall take steps to maxi-
mize the number of registration applications that 
are submitted and processed during the six- 
month period provided for in section 899F(e). 
‘‘(2) CHECK OF TERRORIST WATCH LIST.— 
‘‘(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. 
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‘‘(B) AUTHORITY TO DENY REGISTRATION 
NUMBER.—If the person’s identifying informa-
tion 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. 
‘‘(3) EXPEDITED REVIEW OF APPLICATIONS.— 
‘‘(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 appli-
cation, unless the Secretary determines, in the 
interest of national security, that additional 
time is necessary to review an application. 
‘‘(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 com-
plete registration application. 
‘‘(4) EXPEDITED APPEALS PROCESS.— 
‘‘(A) REQUIREMENT.— 
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‘‘(i) APPEALS
PROCESS.—The Sec-
retary shall establish an expedited appeals 
process for persons denied a registration 
number under this subtitle. 
‘‘(ii) TIME
PERIOD
FOR
RESOLU-
TION.—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 ad-
ditional time is necessary to resolve an ap-
peal. 
‘‘(B) CONSULTATION.—The Secretary, in 
developing the appeals process under subpara-
graph (A), shall consult with appropriate stake-
holders. 
‘‘(C) GUIDANCE.—The Secretary shall pro-
vide guidance regarding the procedures and in-
formation required for an appeal under subpara-
graph (A) to persons denied registration numbers 
under this subtitle. 
‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE 
OF INFORMATION.— 
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‘‘(A) IN
GENERAL.—Information obtained 
by the Secretary under this section may not be 
made available to the public. 
‘‘(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. 
‘‘(6) REGISTRATION INFORMATION.— 
‘‘(A) AUTHORITY
TO
REQUIRE
INFORMA-
TION.—The Secretary may require a person ap-
plying for a registration number under this sub-
title to submit such information as may be nec-
essary to carry out the requirements of this sec-
tion. 
‘‘(B) REQUIREMENT TO UPDATE INFORMA-
TION.—The Secretary may require persons issued 
a registration under this subtitle to update reg-
istration information submitted to the Secretary 
under this subtitle, as appropriate. 
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‘‘(7) RE-CHECKS
AGAINST
TERRORIST
WATCH 
LIST.— 
‘‘(A) RE-CHECKS.—The Secretary shall, as 
appropriate, re-check persons provided a reg-
istration number pursuant to this subtitle 
against the terrorist watch list, and may revoke 
such registration number if the Secretary deter-
mines such person may pose a threat to national 
security. 
‘‘(B) NOTICE
OF
REVOCATION.—The Sec-
retary 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). 
‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS. 
‘‘The Secretary shall establish a process for the peri-
odic 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. 
‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS. 
‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary— 
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‘‘(1) may enter into a cooperative agreement 
with the Secretary of Agriculture, or the head of any 
State department of agriculture or its designee in-
volved in agricultural regulation, in consultation 
with the State agency responsible for homeland secu-
rity, to carry out the provisions of this subtitle; and 
‘‘(2) wherever possible, shall seek to cooperate 
with State agencies or their designees that oversee am-
monium nitrate facility operations when seeking co-
operative 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 agree-
ment with a State under this subsection to delegate 
functions to the State, the Secretary shall provide to 
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the State sufficient funds to carry out the delegated 
functions. 
‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MA-
TERIALS TO AMMONIUM NITRATE FACILITIES.— 
‘‘(1) GUIDANCE.—The Secretary shall make 
available to each owner of an ammonium nitrate fa-
cility registered under section 899B(c)(1) guidance 
on— 
‘‘(A) the identification of suspicious ammo-
nium nitrate purchases or transfers or attempted 
purchases or transfers; 
‘‘(B) the appropriate course of action to be 
taken by the ammonium nitrate facility owner 
with respect to such a purchase or transfer or at-
tempted purchase or transfer, including— 
‘‘(i) exercising the right of the owner of 
the ammonium nitrate facility to decline 
sale of ammonium nitrate; and 
‘‘(ii) notifying appropriate law en-
forcement entities; and 
‘‘(C) any such additional subjects as the 
Secretary determines are appropriate to prevent 
the misappropriation or use of ammonium ni-
trate in an act of terrorism. 
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‘‘(2) USE OF MATERIALS AND PROGRAMS.—In 
providing guidance under this subsection, the Sec-
retary 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 mate-
rials shall be designed to notify prospective am-
monium nitrate purchasers of— 
‘‘(i) the record-keeping requirements 
under section 899B; and 
‘‘(ii) the penalties for violating such 
requirements. 
‘‘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 rel-
evant Federal authorities shall inform State, local, and 
tribal law enforcement entities as appropriate. 
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‘‘SEC. 899F. PROHIBITIONS AND PENALTY. 
‘‘(a) PROHIBITIONS.— 
‘‘(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. 
‘‘(2) TRANSFERRING POSSESSION.—An owner of 
an ammonium nitrate facility shall not transfer pos-
session of ammonium nitrate from the ammonium ni-
trate 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. 
‘‘(3) OTHER PROHIBITIONS.—No person shall— 
‘‘(A) buy and take possession of ammonium 
nitrate without a registration number required 
under subsection (c) or (d) of section 899B; 
‘‘(B) own or operate an ammonium nitrate 
facility without a registration number required 
under section 899B(c); or 
‘‘(C) fail to comply with any requirement 
or violate any other prohibition under this sub-
title. 
‘‘(b) PROHIBITIONS.—No person shall— 
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‘‘(1) buy and take possession of ammonium ni-
trate without a registration number required under 
subsection (c) or (d) of section 899B; 
‘‘(2) own or operate an ammonium nitrate facil-
ity without a registration number required under sec-
tion 899B(c); or 
‘‘(3) fail to comply with any requirement or vio-
late any other prohibition under this subtitle. 
‘‘(c) CIVIL PENALTY.—A person that violates this sub-
title may be assessed a civil penalty by the Secretary of 
not more than $50,000 per violation. 
‘‘(d) PENALTY CONSIDERATIONS.—In determining the 
amount of a civil penalty under this section, the Secretary 
shall consider— 
‘‘(1) the nature and circumstances of the viola-
tion; 
‘‘(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 like-
ly to have on the ability of such person to do business; 
and 
‘‘(3) any other matter that the Secretary deter-
mines that justice requires. 
‘‘(e) NOTICE AND OPPORTUNITY FOR A HEARING.—No 
civil penalty may be assessed under this subtitle unless the 
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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 incor-
porated city of residence of that person. 
‘‘(f) DELAY IN APPLICATION OF PROHIBITION.—Para-
graphs (1) and (2) of subsection (a) shall apply beginning 
6 months after the issuance by the Secretary of a final rule 
implementing this subtitle. 
‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion 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 Depart-
ment or to appropriate law enforcement authorities an ac-
tual or attempted purchase or transfer, based upon a rea-
sonable 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 ter-
rorism (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. 
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‘‘(b) LIMITATION.—Subsection (a) shall not be con-
strued to apply with respect to any refusal to sell or disclo-
sure— 
‘‘(1) that violates— 
‘‘(A) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq); or 
‘‘(B) the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); or 
‘‘(2) made on the basis that the person seeking 
purchase or transfer of ammonium nitrate is a vet-
eran or member of the armed forces of the United 
States. 
‘‘SEC. 899H. PREEMPTION OF OTHER LAWS. 
‘‘(a) OTHER FEDERAL REGULATIONS.—Except as pro-
vided in section 899G, nothing in this subtitle affects any 
regulation issued by any agency other than an agency of 
the Department. 
‘‘(b) STATE LAW.—Subject to section 899G, this sub-
title preempts the laws of any State to the extent that such 
laws are inconsistent with this subtitle, except that this sub-
title shall not preempt any State law that provides addi-
tional protection against the acquisition of ammonium ni-
trate by terrorists or the use of ammonium nitrate in explo-
sives in acts of terrorism or for other illicit purposes, as 
determined by the Secretary. 
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‘‘SEC. 899I. 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. 
‘‘SEC. 899J. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to carry out this sub-
title 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 
of the items relating to title VIII the following new items: 
‘‘Subtitle J—Secure Handling of Ammonium Nitrate 
‘‘Sec. 899A. Definitions. 
‘‘Sec. 899B. Regulation of the sale and transfer 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. Protection from civil liability. 
‘‘Sec. 899H. Preemption of other laws. 
‘‘Sec. 899I. Deadlines for regulations. 
‘‘Sec. 899J. Authorization of appropriations.’’. 
Amend the title so as to read: ‘‘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, and for other pur-
poses.’’. 
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Union Calendar No. 221 
110TH CONGRESS 
1ST SESSION 
H. R. 1680 
[Report No. 110–357] 
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. 
OCTOBER 2, 2007 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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