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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 this subtitle 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— 
‘‘(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.— 
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‘‘(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 
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. 
‘‘(3) FUNDING.—Subject to the availability of 
appropriations, if the Secretary delegates functions to 
a State under this subsection, the Secretary shall pro-
vide to that 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 
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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) additional subjects determined appro-
priate by 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 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 
locations where ammonium nitrate is sold. 
‘‘(B) DESIGN
OF
MATERIALS.—Materials 
made available under subparagraph (A) shall be 
designed to notify prospective ammonium nitrate 
purchasers of— 
‘‘(i) the record-keeping requirements 
under section 899B; and 
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‘‘(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 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. 
‘‘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, or is not 
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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) 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. 
‘‘(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 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 
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‘‘(3) any other matter that the Secretary deter-
mines 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 incor-
porated city of residence of that person. 
‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Para-
graphs (1) and (2) of subsection (a) shall apply on and 
after the date that is 6 months after the date that the Sec-
retary issues 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 that 
in good faith refuses to sell or transfer ammonium nitrate 
to any person, or that in good faith discloses to the Depart-
ment or to appropriate law enforcement authorities an ac-
tual or attempted purchase or transfer of ammonium ni-
trate, based upon a reasonable belief that the person seeking 
purchase or transfer of ammonium nitrate may use the am-
monium 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 
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action relating to that refusal to sell ammonium nitrate or 
that disclosure. 
‘‘(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 sub-
section (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. 
‘‘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. 
‘‘SEC. 899I. DEADLINES FOR REGULATIONS. 
‘‘The Secretary— 
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‘‘(1) shall issue a proposed rule implementing 
this subtitle not later than 6 months after the date of 
the enactment of this subtitle; and 
‘‘(2) issue a final rule implementing this subtitle 
not later than 1 year after such date of enactment. 
‘‘SEC. 899J. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Sec-
retary— 
‘‘(1) $2,000,000 for fiscal year 2008; and 
‘‘(2) $10,750,000 for each of fiscal years 2009 
through 2012.’’. 
(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: 
‘‘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.’’. 
SEC. 552. RISK MANAGEMENT AND ANALYSIS SPECIAL 
EVENT; 2010 VANCOUVER
OLYMPIC
AND
PARALYMPIC 
GAMES. As soon as practicable, but not later than 3 months 
after the date of enactment of this Act, the Secretary of 
Homeland Security shall submit to the Committee on Ap-
propriations, the Committee on Homeland Security and 
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Governmental Affairs, and the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Appropriations, the Committee on Homeland Se-
curity, and the Committee on Transportation and Infra-
structure of the House of Representatives a report regarding 
the plans of the Secretary of Homeland Security relating 
to— 
(1) implementing the recommendations regard-
ing the 2010 Vancouver Olympic and Paralympic 
Games in the Joint Explanatory Statement of the 
Committee of Conference on H.R. 5441 (109th Con-
gress), the Department of Homeland Security Appro-
priations Act, 2007, with specific funding strategies 
for— 
(A) the Multiagency Coordination Center; 
and 
(B) communications exercises to validate 
communications pathways, test equipment, and 
support the training and familiarization of per-
sonnel on the operations of the different tech-
nologies used to support the 2010 Vancouver 
Olympic and Paralympic Games; and 
(2) the feasibility of implementing a program to 
prescreen individuals traveling by rail between Van-
couver, Canada and Seattle, Washington during the 
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2010 Vancouver Olympic and Paralympic Games, 
while those individuals are located in Vancouver, 
Canada, similar to the preclearance arrangements in 
effect in Vancouver, Canada for certain flights be-
tween the United States and Canada. 
SEC. 553. IMPROVEMENT OF BARRIERS AT BORDER. 
Section 102 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 
amended— 
(1) in subsection (a), by striking ‘‘Attorney Gen-
eral, in consultation with the Commissioner of Immi-
gration and Naturalization,’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘IN THE BORDER AREA’’ and inserting ‘‘ALONG 
THE BORDER’’; 
(B) by redesignating paragraphs (1), (2), 
(3), and (4) as paragraphs (2), (3), (4), and (5), 
respectively; 
(C) in paragraph (2), as redesignated— 
(i) in the paragraph heading, by strik-
ing ‘‘SECURITY FEATURES’’ and inserting 
‘‘ADDITIONAL FENCING ALONG SOUTHWEST 
BORDER’’; and 
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(ii) by striking subparagraphs (A) 
through (C) and inserting the following: 
‘‘(A) REINFORCED FENCING.—In carrying 
out subsection (a), the Secretary of Homeland 
Security shall construct reinforced fencing along 
not less than 700 miles of the southwest border 
where fencing would be most practical and effec-
tive and provide for the installation of addi-
tional physical barriers, roads, lighting, cam-
eras, and sensors to gain operational control of 
the southwest border. 
‘‘(B) PRIORITY
AREAS.—In carrying out 
this section, the Secretary of Homeland Security 
shall— 
‘‘(i) identify the 370 miles along the 
southwest border where fencing would be 
most practical and effective in deterring 
smugglers and aliens attempting to gain il-
legal entry into the United States; and 
‘‘(ii) not later than December 31, 2008, 
complete construction of reinforced fencing 
along the 370 miles identified under clause 
(i). 
‘‘(C) CONSULTATION.— 
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