priate arrangements to ensure the protection of the 
information; 
(2) to the public, to the extent the Secretary 
specifically finds that disclosure of particular infor-
mation is required in the public interest; or 
(3) to the extent required by order of a Federal 
court in a proceeding in which the Secretary is a 
party, under such protective measures as the court 
may prescribe. 
SEC. 205. ENFORCEMENT. 
(a) INSPECTIONS.—The Secretary, without a war-
rant, may enter any place during business hours that the 
Secretary believes may handle ammonium nitrate to deter-
mine whether the handling is being conducted in accord-
ance with this title. 
(b) PREVENTION
OF
SALE
OR
DISTRIBUTION 
ORDER.—In any case in which the Secretary has reason 
to believe that ammonium nitrate has been handled other 
than in accordance with this title, the Secretary may issue 
a written order preventing any person that owns, controls, 
or has custody of the ammonium nitrate from selling or 
distributing the ammonium nitrate. 
(c) APPEAL PROCEDURES.— 
(1) IN GENERAL.—A person subject to an order 
under subsection (b) may request a hearing to con-
test the order, under such administrative adjudica-
tion procedures as the Secretary may establish. 
(2) RESCISSION.—If an appeal under para-
graph (1) is successful, the Secretary shall rescind 
the order. 
(d) IN REM PROCEEDINGS.—The Secretary may in-
stitute in rem proceedings in the United States district 
court for the district in which the ammonium nitrate is 
located to seize and confiscate ammonium nitrate that has 
been handled in violation of this title. 
SEC. 206. ADMINISTRATIVE PROVISIONS. 
(a) COOPERATIVE
AGREEMENTS.—The Secretary 
may enter into a cooperative agreement with the Secretary 
of Agriculture, or the head of any State department of 
agriculture or other State agency that regulates plant nu-
trients, to carry out this title, including cooperating in the 
enforcement of this title through the use of personnel or 
facilities. 
(b) DELEGATION.— 
(1) IN GENERAL.—The Secretary may delegate 
to a State the authority to assist the Secretary in 
the administration and enforcement of this title. 
(2) DELEGATION REQUIRED.—On the request 
of a Governor of a State, the Secretary shall dele-
gate to the State the authority to carry out section
204 or 205, on a determination by the Secretary 
that the State is capable of satisfactorily carrying 
out that section. 
(3) FUNDING.—If the Secretary enters into an 
agreement with a State under this subsection to del-
egate functions to the State, the Secretary shall pro-
vide to the State adequate funds to enable the State 
to carry out the functions. 
(4) INAPPLICABILITY.—Notwithstanding any 
other provision of this subsection, this subsection 
does not authorize a State to carry out a function 
under section 204 or 205 relating to a facility or 
handler in the State that makes the election de-
scribed in section 204(c)(2). 
SEC. 207. CIVIL LIABILITY. 
(a) UNLAWFUL ACTS.—It is unlawful for any per-
son— 
(1) to fail to perform any duty required by this 
title; 
(2) to violate the terms of registration under 
this title; 
(3) to fail to keep any record, make any report, 
or allow any inspection required by this title; or 
(4) to violate any sale or distribution order 
issued under this title.
(b) PENALTIES.— 
(1) IN GENERAL.—A person that violates this 
title may only be assessed a civil penalty by the Sec-
retary of not more than $50,000 per violation. 
(2) NOTICE AND OPPORTUNITY FOR A HEAR-
ING.—No civil penalty shall be assessed under this 
title unless the person charged has been given notice 
and opportunity for a hearing on the charge in the 
county, parish, or incorporated city of residence of 
the person charged. 
(c) JURISDICTION OVER ACTIONS FOR CIVIL DAM-
AGES.—The district courts of the United States shall have 
exclusive jurisdiction over any action for civil damages 
against a handler for any harm or damage that is alleged 
to have resulted from the use of ammonium nitrate in vio-
lation of law that occurred on or after the date of enact-
ment of this title. 
SEC. 208. STATE LAW PREEMPTION. 
This title preempts any State law that regulates the 
handling of ammonium nitrate to prevent the misappro-
priation or use of ammonium nitrate in an act of ter-
rorism. 
Æ