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‘‘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 NITRATE FACILITIES.—
‘‘(1) REGISTRATION.—The Secretary shall establish a process
by which any person that—
‘‘(A) owns an ammonium nitrate facility is required
to register with the Department; and
‘‘(B) registers under subparagraph (A) is issued a registration
number for purposes of this subtitle.
‘‘(2) REGISTRATION INFORMATION.—Any person applying to
register under paragraph (1) shall submit to the Secretary—
‘‘(A) the name, address, and telephone number of each
ammonium nitrate facility owned by that person;
‘‘(B) the name of the person designated by that person
as the point of contact for each such facility, for purposes
of this subtitle; and
‘‘(C) such other information as the Secretary may determine
is appropriate.
‘‘(d) REGISTRATION OF AMMONIUM NITRATE PURCHASERS.—
‘‘(1) REGISTRATION.—The Secretary shall establish a process
by which any person that—
‘‘(A) intends to be an ammonium nitrate purchaser
is required to register with the Department; and
‘‘(B) registers under subparagraph (A) is issued a registration
number for purposes of this subtitle.
‘‘(2) REGISTRATION INFORMATION.—Any person applying to
register under paragraph (1) as an ammonium nitrate purchaser
shall submit to the Secretary—
‘‘(A) the name, address, and telephone number of the
applicant; and
‘‘(B) the intended use of ammonium nitrate to be purchased
by the applicant.
‘‘(e) RECORDS.—
‘‘(1) MAINTENANCE OF RECORDS.—The owner of an ammonium
nitrate facility shall—
‘‘(A) maintain a record of each sale or transfer of ammonium
nitrate, during the two-year period beginning on the
date of that sale or transfer; and
‘‘(B) include in such record the information described
in paragraph (2).
‘‘(2) SPECIFIC INFORMATION REQUIRED.—For each sale or
transfer of ammonium nitrate, the owner of an ammonium
nitrate facility shall—
‘‘(A) record the name, address, telephone number, and
registration number issued under subsection (c) or (d) of
each person that purchases ammonium nitrate, in a
manner prescribed by the Secretary;
‘‘(B) if applicable, record the name, address, and telephone
number of an agent acting on behalf of the person
described in subparagraph (A), at the point of sale;
‘‘(C) record the date and quantity of ammonium nitrate
sold or transferred; and
‘‘(D) verify the identity of the persons described in
subparagraphs (A) and (B), as applicable, in accordance
with a procedure established by the Secretary.
‘‘(3) PROTECTION OF INFORMATION.—In maintaining records
in accordance with paragraph (1), the owner of an ammonium
nitrate facility shall take reasonable actions to ensure the
protection of the information included in such records.
‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.—The Secretary may
exempt from this subtitle a person producing, selling, or purchasing
ammonium nitrate exclusively for use in the production of an explosive
under a license or permit 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 nitrate 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—
‘‘(A) 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 information to perform
the duties of the officer, employee, or person; or
‘‘(B) to a State agency under section 899D, under appropriate
arrangements to ensure the protection of the
information.
‘‘(i) REGISTRATION PROCEDURES AND CHECK OF TERRORIST
SCREENING DATABASE.—
‘‘(1) REGISTRATION PROCEDURES.—
‘‘(A) GENERALLY.—The Secretary shall establish procedures
to efficiently receive applications for registration
numbers under this subtitle, conduct the checks required
under paragraph (2), and promptly issue or deny a registration
number.
‘‘(B) INITIAL SIX-MONTH REGISTRATION PERIOD.—The
Secretary shall take steps to maximize the number of registration
applications that are submitted and processed
during the six-month period described in section 899F(e).
‘‘(2) CHECK OF TERRORIST SCREENING DATABASE.—
‘‘(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 in
the terrorist screening database of the Department.
‘‘(B) AUTHORITY TO DENY REGISTRATION NUMBER.—If
the identifying information of a person seeking to register
with the Department under subsection (c) or (d) appears
in the terrorist screening database of the Department, 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
described 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 application,
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 a person seeking to register with
the Department under subsection (c) or (d) of the status
of the application of that person not later than 72 hours
after the time the Secretary receives a complete registration
application.
‘‘(4) EXPEDITED APPEALS PROCESS.—
‘‘(A) REQUIREMENT.—
‘‘(i) APPEALS PROCESS.—The Secretary shall establish
an expedited appeals process for persons denied
a registration number under this subtitle.
‘‘(ii) TIME PERIOD FOR RESOLUTION.—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 additional time is
necessary to resolve an appeal.
‘‘(B) CONSULTATION.—The Secretary, in developing the
appeals process under subparagraph (A), shall consult with
appropriate stakeholders.
‘‘(C) GUIDANCE.—The Secretary shall provide guidance
regarding the procedures and information required for an
appeal under subparagraph (A) to any person denied a
registration number under this subtitle.
‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION.—
‘‘(A) IN GENERAL.—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.
‘‘(B) SHARING OF INFORMATION.—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 INFORMATION.—The Secretary
may require a person applying for a registration
number under this subtitle to submit such information
as may be necessary to carry out the requirements of
this section.
‘‘(B) REQUIREMENT TO UPDATE INFORMATION.—The Secretary
may require persons issued a registration under
this subtitle to update registration information submitted
to the Secretary under this subtitle, as appropriate.
‘‘(7) RE-CHECKS AGAINST TERRORIST SCREENING DATABASE.—
‘‘(A) RE-CHECKS.—The Secretary shall, as appropriate,
recheck persons provided a registration number pursuant
to this subtitle against the terrorist screening database
of the Department, and may revoke such registration
number if the Secretary determines such person may pose
a threat to national security.
‘‘(B) NOTICE OF REVOCATION.—The Secretary 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 periodic 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 involved in agricultural regulation,
in consultation with the State agency responsible for homeland
security, to carry out the provisions of this subtitle; and
‘‘(2) wherever possible, shall seek to cooperate with State
agencies or their designees that oversee ammonium nitrate
facility operations when seeking cooperative 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 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 provide to that State sufficient
funds to carry out the delegated functions.
‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MATERIALS TO
AMMONIUM NITRATE FACILITIES.—
‘‘(1) GUIDANCE.—The Secretary shall make available to
each owner of an ammonium nitrate facility registered under
section 899B(c)(1) guidance on—
‘‘(A) the identification of suspicious ammonium 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 attempted 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 enforcement entities;
and
‘‘(C) additional subjects determined appropriate 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 Secretary 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
‘‘(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 purchase 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 possession of ammonium
nitrate from the ammonium nitrate facility to any ammonium
nitrate purchaser who is not registered under subsection (c)
or (d) of section 899B, or to any agent acting on behalf of
an ammonium nitrate purchaser when such purchaser is not
registered under subsection (c) or (d) of section 899B.
‘‘(3) OTHER PROHIBITIONS.—No person shall—
‘‘(A) purchase 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 subtitle.
‘‘(b) CIVIL PENALTY.—A person that violates this subtitle 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 violation;
‘‘(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 likely to have on the ability
of such person to do business; and
‘‘(3) any other matter that the Secretary determines 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 incorporated city of residence of that
person.
‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Paragraphs (1)
and (2) of subsection (a) shall apply on and after the date that
is 6 months after the date that the Secretary issues a final rule
implementing this subtitle.
‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY.
‘‘(a) IN GENERAL.—Notwithstanding any other provision 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 Department or to appropriate law enforcement
authorities an actual or attempted purchase or transfer of
ammonium nitrate, based upon a reasonable 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 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 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 subsection (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 provided 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 subtitle preempts
the laws of any State to the extent that such laws are
inconsistent with this subtitle, except that this subtitle shall not
preempt any State law that provides additional protection against
the acquisition of ammonium nitrate by terrorists or the use of
ammonium nitrate in explosives in acts of terrorism or for other
illicit purposes, as determined by the Secretary.