547 
(1) DEFINITIONS.—Section 8331 of title 5, 
United States Code, is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (28), by striking the period at the end of 
the first paragraph (29) and inserting a semi-
colon, by redesignating the second paragraph 
(29) as paragraph (30), and by striking the pe-
riod at the end of paragraph (30) (as so redesig-
nated) and inserting ‘‘; and’’; and 
(B) by adding at the end the following: 
‘‘(31) ‘customs and border protection officer’ 
means an employee in the Department of Homeland 
Security (A) who holds a position within the GS-1895 
job series (determined applying the criteria in effect 
as of September 1, 2007) or any successor position, 
and (B) whose duties include activities relating to the 
arrival and departure of persons, conveyances, and 
merchandise at ports of entry, including any such 
employee who is transferred directly to a supervisory 
or administrative position in the Department of 
Homeland Security after performing such duties (as 
described in subparagraph (B)) in 1 or more posi-
tions (as described in subparagraph (A)) for at least 
3 years.’’.
548 
(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS-
ITS.—Section 8334 of title 5, United States Code, is 
amended— 
(A) in subsection (a)(1)(A), by striking ‘‘or 
nuclear materials courier,’’ and inserting ‘‘nu-
clear materials courier, or customs and border 
protection officer,’’; and 
(B) in the table contained in subsection (c), 
by adding at the end the following: 
‘‘Customs and border protection officer 
7.5 
After June 29, 2008.’’. 
(3) MANDATORY SEPARATION.—The first sentence 
of section 8335(b)(1) of title 5, United States Code, is 
amended by striking ‘‘or nuclear materials courier’’ 
and inserting ‘‘nuclear materials courier, or customs 
and border protection officer’’. 
(4) IMMEDIATE RETIREMENT.—Section 8336 of 
title 5, United States Code, is amended— 
(A) in subsection (c)(1), by striking ‘‘or nu-
clear materials courier’’ and inserting ‘‘nuclear 
materials courier, or customs and border protec-
tion officer’’; and 
(B) in subsections (m) and (n), by striking 
‘‘or as a law enforcement officer,’’ and inserting 
‘‘as a law enforcement officer, or as a customs 
and border protection officer,’’.
549 
(b) AMENDMENTS RELATING TO THE FEDERAL EM-
PLOYEES’ RETIREMENT SYSTEM.— 
(1) DEFINITIONS.—Section 8401 of title 5, 
United States Code, is amended— 
(A) in paragraph (34), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (35), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(36) the term ‘customs and border protection of-
ficer’ means an employee in the Department of Home-
land Security (A) who holds a position within the 
GS-1895 job series (determined applying the criteria 
in effect as of September 1, 2007) or any successor po-
sition, and (B) whose duties include activities relat-
ing to the arrival and departure of persons, convey-
ances, and merchandise at ports of entry, including 
any such employee who is transferred directly to a su-
pervisory or administrative position in the Depart-
ment of Homeland Security after performing such du-
ties (as described in subparagraph (B)) in 1 or more 
positions (as described in subparagraph (A)) for at 
least 3 years.’’. 
(2) IMMEDIATE RETIREMENT.—Paragraphs (1) 
and (2) of section 8412(d) of title 5, United States
550 
Code, are amended by striking ‘‘or nuclear materials 
courier,’’ and inserting ‘‘nuclear materials courier, or 
customs and border protection officer,’’. 
(3) COMPUTATION OF BASIC ANNUITY.—Section 
8415(h)(2) of title 5, United States Code, is amended 
by striking ‘‘or air traffic controller.’’ and inserting 
‘‘air traffic controller, or customs and border protec-
tion officer’’. 
(4) DEDUCTIONS
FROM
PAY.—The table con-
tained in section 8422(a)(3) of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘Customs and border protection officer 
7.5 
After June 29, 2008.’’. 
(5) GOVERNMENT CONTRIBUTIONS.—Paragraphs 
(1)(B)(i) and (3) of section 8423(a) of title 5, United 
States Code, are amended by inserting ‘‘customs and 
border protection officers,’’ after ‘‘nuclear materials 
couriers,’’ each place it appears. 
(6) 
MANDATORY
SEPARATION.—Section 
8425(b)(1) of title 5, United States Code, is amend-
ed— 
(A) by striking ‘‘or nuclear materials cou-
rier who’’ and inserting ‘‘nuclear materials cou-
rier, or customs and border protection officer 
who’’; and
551 
(B) by striking ‘‘or nuclear materials cou-
rier,’’ and inserting ‘‘nuclear materials courier, 
or customs and border protection officer’’. 
(c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.— 
Section 3307 of title 5, United States Code, is amended by 
adding at the end the following: 
‘‘(g) The Secretary of Homeland Security may deter-
mine and fix the maximum age limit for an original ap-
pointment to a position as a customs and border protection 
officer, as defined by section 8401(36).’’. 
(d) REGULATIONS.—Any regulations necessary to 
carry out the amendments made by this section shall be pre-
scribed by the Director of the Office of Personnel Manage-
ment in consultation with the Secretary of Homeland Secu-
rity. 
(e) EFFECTIVE DATE; TRANSITION RULES.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall become effective on the later of 
June 30, 2008, or the first day of the first pay period 
beginning at least 6 months after the date of the en-
actment of this Act. 
(2) TRANSITION RULES.— 
(A) NONAPPLICABILITY OF MANDATORY SEP-
ARATION
PROVISIONS
TO
CERTAIN
INDIVID-
UALS.—The amendments made by subsections
552 
(a)(3) and (b)(6), respectively, shall not apply to 
an individual first appointed as a customs and 
border protection officer before the effective date 
under paragraph (1). 
(B) TREATMENT
OF
PRIOR
CBPO
SERV-
ICE.— 
(i) GENERAL RULE.—Except as pro-
vided in clause (ii), nothing in this section 
or any amendment made by this section 
shall be considered to apply with respect to 
any service performed as a customs and 
border protection officer before the effective 
date under paragraph (1). 
(ii) EXCEPTION.—Service described in 
section 8331(31) or 8401(36) of title 5, 
United States Code (as amended by this sec-
tion) rendered before the effective date under 
paragraph (1) may be taken into account to 
determine if an individual who is serving 
on or after such effective date then qualifies 
as a customs and border protection officer 
by virtue of holding a supervisory or ad-
ministrative position in the Department of 
Homeland Security.
553 
(C) MINIMUM ANNUITY AMOUNT.—The an-
nuity of an individual serving as a customs and 
border protection officer on the effective date 
under paragraph (1) pursuant to an appoint-
ment made before that date shall, to the extent 
that its computation is based on service rendered 
as a customs and border protection officer on or 
after that date, be at least equal to the amount 
that would be payable— 
(i) to the extent that such service is 
subject to the Civil Service Retirement Sys-
tem, by applying section 8339(d) of title 5, 
United States Code, with respect to such 
service; and 
(ii) to the extent such service is subject 
to the Federal Employees’ Retirement Sys-
tem, by applying section 8415(d) of title 5, 
United States Code, with respect to such 
service. 
(D) RULE OF CONSTRUCTION.—Nothing in 
the amendment made by subsection (c) shall be 
considered to apply with respect to any appoint-
ment made before the effective date under para-
graph (1). 
(3) ELECTION.—
554 
(A) INCUMBENT DEFINED.—For purposes of 
this paragraph, the term ‘‘incumbent’’ means an 
individual who is serving as a customs and bor-
der protection officer on the date of the enact-
ment of this Act. 
(B) NOTICE REQUIREMENT.—Not later than 
30 days after the date of the enactment of this 
Act, the Director of the Office of Personnel Man-
agement shall take measures reasonably designed 
to ensure that incumbents are notified as to their 
election rights under this paragraph, and the ef-
fect of making or not making a timely election. 
(C) 
ELECTION
AVAILABLE
TO
INCUM-
BENTS.— 
(i) IN GENERAL.—An incumbent may 
elect, for all purposes, either— 
(I) to be treated in accordance 
with the amendments made by sub-
section (a) or (b), as applicable; or 
(II) to be treated as if subsections 
(a) and (b) had never been enacted. 
Failure to make a timely election under this 
paragraph shall be treated in the same way 
as an election made under subclause (I) on 
the last day allowable under clause (ii).
555 
(ii) DEADLINE.—An election under 
this paragraph shall not be effective unless 
it is made at least 14 days before the effec-
tive date under paragraph (1). 
(4) DEFINITION.—For purposes of this sub-
section, the term ‘‘customs and border protection offi-
cer’’ has the meaning given such term by section 
8331(31) or 8401(36) of title 5, United States Code 
(as amended by this section). 
(5) EXCLUSION.—Nothing in this section or any 
amendment made by this section shall be considered 
to afford any election or to otherwise apply with re-
spect to any individual who, as of the day before the 
date of the enactment of this Act— 
(A) holds a position within U.S. Customs 
and Border Protection; and 
(B) is considered a law enforcement officer 
for purposes of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code, by vir-
tue of such position. 
SEC. 536. In fiscal year 2008, none of funds made 
available in this or any other Act may be used to enforce 
section 4025(1) of Public Law 108–458 unless the Assistant 
Secretary (Transportation Security Administration) re-
556 
verses the determination of July 19, 2007, that butane light-
ers are not a significant threat to civil aviation security. 
SEC. 537. None of the funds provided in this Act may 
be used to alter or reduce operations within the Civil Engi-
neering Program of the Coast Guard nationwide, including 
the civil engineering units, facilities, design and construc-
tion centers, maintenance and logistics command centers, 
and the Coast Guard Academy, except as specifically au-
thorized by a statute enacted after the date of enactment 
of this Act. 
SEC. 538. The cumulative amount appropriated in 
title I of this Act for the ‘‘Office of the Secretary and Execu-
tive Management’’ and the ‘‘Office of the Under Secretary 
for Management’’ shall be reduced by $5,000,000. 
SEC. 539. (a) Except as provided in subsection (b), 
none of the funds appropriated in this Act to the Office 
of the Secretary and Executive Management, the Office of 
the Under Secretary for Management and the Office of the 
Chief Financial Officer, may be obligated for a grant or 
contract awarded by a means other than full and open com-
petition. 
(b) This section does not apply to obligation of funds 
for a contract awarded— 
(1) by a means that is required by a Federal 
statute, including obligation for a purchase made
557 
under a mandated preferential program, such as the 
AbilityOne Program, that is authorized under the 
Javits-Wagner-O’Day Act (41 U.S.C. 46–48c); or 
(2) under the Small Business Act (15 U.S.C. 631 
et seq.). 
(c) The Secretary of Homeland Security may waive 
the application of this section to the award of a contract 
in the period of a national emergency determined by the 
Secretary. 
(d) In addition to the requirements established by this 
section, the Inspector General for the Department of Home-
land Security shall review departmental contracts awarded 
through other than full and open competition to assess de-
partmental compliance with applicable laws and regula-
tions: Provided, That the Inspector General shall review se-
lected contracts awarded during the previous fiscal year 
through other than full and open competition: Provided fur-
ther, That in determining which contracts to review, the 
Inspector General shall consider the cost and complexity of 
the goods and services to be provided under the contract, 
the criticality of the contract to fulfilling Department mis-
sions, past performance problems on similar contracts or 
by the selected vendor, complaints received about the award 
process or contractor performance, and such other factors 
as the Inspector General deems relevant: Provided further,
558 
That the Inspector General shall report the results of the 
reviews to the Committees on Appropriations of the Senate 
and the House of Representatives. 
SEC. 540. Section 44940(a)(2) of title 49, United 
States Code, is amended by striking the period in the last 
sentence of subparagraph (A) and the clause (iv) of sub-
paragraph B and adding the following, ‘‘except for esti-
mates and additional collections made pursuant to the ap-
propriation for Aviation Security in Public Law 108–334: 
Provided, That such judicial review shall be pursuant to 
section 46110 of title 49, United States Code: Provided fur-
ther, That such judicial review shall be limited only to addi-
tional amounts collected by the Secretary before October 1, 
2007.’’. 
SEC. 541. None of the funds provided by this or pre-
vious appropriations Acts shall be used to fund any posi-
tion designated as a Principal Federal Official for any Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act declared disasters or emergencies. 
SEC. 542. Section 46301(a) of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(6) FAILURE TO COLLECT AIRPORT SECURITY 
BADGES.—Notwithstanding paragraph (1), any em-
ployer (other than a governmental entity or airport 
operator) who employs an employee to whom an air-
559 
port security badge or other identifier used to obtain 
access to a secure area of an airport is issued before, 
on, or after the date of enactment of this paragraph 
and who does not collect or make reasonable efforts to 
collect such badge from the employee on the date that 
the employment of the employee is terminated and 
does not notify the operator of the airport of such ter-
mination within 24 hours of the date of such termi-
nation shall be liable to the Government for a civil 
penalty not to exceed $10,000.’’. 
SEC. 543. None of the funds made available in this 
Act may be used by United States Citizenship and Immi-
gration Services to grant an immigration benefit unless the 
results of background checks required by law to be completed 
prior to the grant of the benefit have been received by 
United States Citizenship and Immigration Services, and 
the results do not preclude the grant of the benefit. 
SEC. 544. None of the funds made available in this 
Act may be used to destroy or put out to pasture any horse 
or other equine belonging to the Federal Government that 
has become unfit for service, unless the trainer or handler 
is first given the option to take possession of the equine 
through an adoption program that has safeguards against 
slaughter and inhumane treatment.
560 
SEC. 545. EXTENSION
OF
THE IMPLEMENTATION 
DEADLINE FOR THE WESTERN HEMISPHERE TRAVEL INI-
TIATIVE. Subparagraph (A) of section 7209(b)(1) of the In-
telligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108–458; 8 U.S.C. 1185 note) is amended by 
striking ‘‘This plan shall be implemented not later than 
three months after the Secretary of State and the Secretary 
of Homeland Security make the certifications required in 
subsection (B), or June 1, 2009, whichever is earlier.’’ and 
inserting ‘‘Such plan may not be implemented earlier than 
the date that is the later of 3 months after the Secretary 
of State and the Secretary of Homeland Security make the 
certification required in subparagraph (B) or June 1, 
2009.’’. 
SEC. 546. None of the funds provided in this Act shall 
be available to carry out section 872 of Public Law 107– 
296. 
SEC. 547. None of the funds provided in this Act under 
the heading ‘‘Office of the Chief Information Officer’’ shall 
be used for data center development other than for the Na-
tional Center for Critical Information Processing and Stor-
age until the Chief Information Officer certifies that the Na-
tional Center for Critical Information Processing and Stor-
age is fully utilized, to the maximum extent feasible, as the
561 
Department’s primary data storage center at the highest ca-
pacity throughout the fiscal year. 
SEC. 548. None of the funds in this Act shall be used 
to reduce the United States Coast Guard’s Operations Sys-
tems Center mission or its government-employed or contract 
staff levels. 
SEC. 549. None of the funds appropriated by this Act 
may be used to conduct, or to implement the results of, a 
competition under Office of Management and Budget Cir-
cular A–76 for activities performed with respect to the Coast 
Guard National Vessel Documentation Center. 
SEC. 550. (a) Notwithstanding section 503 of this Act, 
up to $24,000,000 from prior year balances currently avail-
able to the Transportation Security Administration may 
be transferred to ‘‘Transportation Threat Assessment and 
Credentialing’’ for the Secure Flight program. 
(b) In carrying out the transfer authority under sub-
section (a), the Transportation Security Administration 
shall not utilize any prior year balances from the following 
programs: screener partnership program; explosives detec-
tion system purchase; explosives detection system installa-
tion; checkpoint support; aviation regulation and other en-
forcement; air cargo; and air cargo research and develop-
ment: Provided, That any funds proposed to be transferred 
under this section shall not be available for obligation until
562 
the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for 
expenditure for such funds that is submitted by the Sec-
retary of Homeland Security: Provided further, That the 
plan shall be submitted simultaneously to the Government 
Accountability Office for review consistent with its ongoing 
assessment of the Secure Flight Program as mandated by 
section 522(a) of Public Law 108–334 (118 Stat. 1319). 
SEC. 551. RESCISSIONS. (a) The following unobligated 
balances made available pursuant to section 505 of Public 
Law 109–295 are rescinded: $2,003,441 from U.S. Customs 
and 
Border 
Protection 
‘‘Salaries 
and 
Expenses’’; 
$9,583,611 from Coast Guard ‘‘Operating Expenses’’; 
$672,230 from ‘‘United States Citizenship and Immigra-
tion Services’’; $2,790,513 from Federal Emergency Man-
agement Agency ‘‘Management and Administration’’; 
$127,994 from Federal Emergency Management Agency 
‘‘Disaster Assistance Direct Loan Program Account’’; 
$5,136,819 from U.S. Immigration and Customs Enforce-
ment ‘‘Salaries and Expenses’’; $333,520 from Federal Law 
Enforcement Training Center ‘‘Salaries and Expenses’’; 
$4,211,376 from the ‘‘Office of the Secretary and Executive 
Management’’; $443,672 from the ‘‘Office of the Under Sec-
retary for Management’’; $380,166 from the ‘‘Office of the 
Chief Financial Officer’’; $493,106 from the ‘‘Office of the
563 
Chief Information Officer’’; $368,166 from Domestic Nu-
clear Detection Office ‘‘Management and Administration’’; 
$45,369 from the ‘‘Office of Health Affairs’’; $32,299 from 
the ‘‘Office of Inspector General’’; $1,994,454 from National 
Protection and Programs Directorate ‘‘Management and 
Administration’’; and $216,727 from Science and Tech-
nology ‘‘Management and Administration’’. 
(b) From the unobligated balances of funds transferred 
to the Department of Homeland Security when it was cre-
ated in 2003, $59,286,537 are rescinded: Provided, That the 
rescission made under this subsection shall not be executed 
from the following programs: Coast Guard Retired Pay; 
U.S. Immigration and Customs Enforcement Violent Crime 
Reduction Program; Federal Law Enforcement Training 
Center Instructor Salaries; and Federal Emergency Man-
agement Agency National Security Support. 
(c) Of the amounts available under the heading 
‘‘Counterterrorism Fund’’, $8,480,000 are rescinded. 
(d) Of the unobligated balances available in the ‘‘De-
partment of Homeland Security, Transportation Security 
Administration Expenses’’ account, $4,500,000 are re-
scinded. 
SEC. 552. Notwithstanding any other provision of law, 
the Secretary of Homeland Security shall, under the Fed-
eral Emergency Management Agency Public Assistance
564 
Program, provide a single payment for any eligible costs 
for local educational agencies impacted by Hurricanes 
Katrina or Rita within 30 days of such request: Provided, 
That the payment for schools in Louisiana shall be sub-
mitted to the Louisiana Department of Education, which 
may expend up to three percent of those funds for adminis-
trative costs: Provided further, That the Federal Emergency 
Management Agency shall not reduce assistance in accord-
ance with section 406(c)(1) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act for local edu-
cational agencies impacted by Hurricanes Katrina or Rita: 
Provided further, That nothing in the previous proviso shall 
be construed to alter the appeals or review process: Provided 
further, That section 406(d) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act shall not apply 
to more than one facility on a school site impacted by Hur-
ricanes Katrina or Rita. 
SEC. 553. TECHNICAL CORRECTIONS. (a) IN GEN-
ERAL.— 
(1) REDESIGNATIONS.—Chapter 27 of title 18, 
United States Code, is amended by redesignating sec-
tion 554 added by section 551(a) of the Department 
of Homeland Security Appropriations Act, 2007 
(Public Law 109–295; 120 Stat. 1389) (relating to 
border tunnels and passages) as section 555.
565 
(2) TABLE OF SECTIONS.—The table of sections 
for chapter 27 of title 18, United States Code, is 
amended by striking the item relating to section 554, 
‘‘Border tunnels and passages’’, and inserting the fol-
lowing: 
‘‘555. Border tunnels and passages.’’. 
(b) CRIMINAL FORFEITURE.—Section 982(a)(6) of title 
18, United States Code, is amended by striking ‘‘554’’ and 
inserting ‘‘555’’. 
(c) DIRECTIVE TO THE UNITED STATES SENTENCING 
COMMISSION.—Section 551(d) of the Department of Home-
land Security Appropriations Act, 2007 (Public Law 109– 
295; 120 Stat. 1390) is amended in paragraphs (1) and 
(2)(A) by striking ‘‘554’’ and inserting ‘‘555’’. 
SEC. 554. Sections 2241, 2242, 2243, and 2244 of title 
18, United States Code, are each amended by striking ‘‘the 
Attorney General’’ each place that term appears and insert-
ing ‘‘the head of any Federal department or agency’’. 
SEC. 555. Not later than 30 days after the date of en-
actment of this Act— 
(1) the Secretary of Homeland Security shall es-
tablish and maintain on the homepage of the website 
of the Department of Homeland Security, a direct 
link to the website of the Office of Inspector General 
of the Department of Homeland Security; and
566 
(2) the Inspector General of the Department of 
Homeland Security shall establish and maintain on 
the homepage of the website of the Office of Inspector 
General a direct link for individuals to anonymously 
report waste, fraud, or abuse. 
SEC. 556. The Secretary of Homeland Security shall 
require that all contracts of the Department of Homeland 
Security that provide award fees link such fees to successful 
acquisition outcomes (which outcomes shall be specified in 
terms of cost, schedule, and performance). 
SEC. 557. None of the funds made available to the Of-
fice of the Secretary and Executive Management under this 
Act may be expended for any new hires by the Department 
of Homeland Security that are not verified through the 
basic pilot program required under section 401 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note). 
SEC. 558. None of the funds made available in this 
Act for U.S. Customs and Border Protection may be used 
to prevent an individual not in the business of importing 
a prescription drug (within the meaning of section 801(g) 
of the Federal Food, Drug, and Cosmetic Act) from import-
ing a prescription drug from Canada that complies with 
the Federal Food, Drug, and Cosmetic Act: Provided, That 
this section shall apply only to individuals transporting on
567 
their person a personal-use quantity of the prescription 
drug, not to exceed a 90-day supply: Provided further, That 
the prescription drug may not be— 
(1) a controlled substance, as defined in section 
102 of the Controlled Substances Act (21 U.S.C. 802); 
or 
(2) a biological product, as defined in section 
351 of the Public Health Service Act (42 U.S.C. 262). 
SEC. 559. None of the funds made available in this 
Act may be used by the Secretary of Homeland Security 
or any delegate of the Secretary to issue any rule or regula-
tion which implements the Notice of Proposed Rulemaking 
related to Petitions for Aliens To Perform Temporary Non-
agricultural Services or Labor (H–2B) set out beginning 
on 70 Federal Register 3984 (January 27, 2005). 
SEC. 560. Notwithstanding any other provision of law, 
Watsonville Community Hospital, or its successor trust, 
shall not be required to pay the Federal Emergency Man-
agement Agency additional funds related to DR–845. 
SEC. 561. Notwithstanding any other provision of law, 
the Secretary of Homeland Security shall provide, under 
the Federal Emergency Management Agency Public Assist-
ance Program, the relocation costs as estimated by the Fed-
eral Emergency Management Agency on May 5, 2006, for
568 
the Peebles School in Iberia Parish, Louisiana, which was 
damaged by Hurricane Rita in 2005. 
SEC. 562. Notwithstanding any other provision of law, 
the Secretary of Homeland Security shall provide, under 
the Federal Emergency Management Agency Public Assist-
ance Program, the currently uncompensated debris removal 
costs from Super Typhoon Paka and the firefighting costs 
associated with the Malojloj hardfill fire in 1998. 
SEC. 563. SECURE HANDLING
OF AMMONIUM NI-
TRATE.—(a) IN GENERAL.—Title VIII of the Homeland Se-
curity Act of 2002 (6 U.S.C. 361 et seq.) is amended by 
adding at the end the following: 
‘‘Subtitle J—Secure Handling of 
Ammonium Nitrate 
‘‘SEC. 899A. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) AMMONIUM
NITRATE.—The term ‘ammo-
nium 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).
569 
‘‘(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. 
‘‘(3) AMMONIUM
NITRATE
PURCHASER.—The 
term ‘ammonium nitrate purchaser’ means any per-
son who purchases ammonium nitrate from an am-
monium nitrate facility. 
‘‘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.—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. 
‘‘(c) REGISTRATION OF OWNERS OF AMMONIUM NI-
TRATE FACILITIES.—