In the closing minutes of 2007 congress quietly passed (as part of a Bush
Administration appropriations bill) the Ammonium Nitrate Security Act of 2007.
The bill requires all purchasers of ammonium nitrate to obtain a license from
the Department of Homeland Security. There is a $ 50K fine for illegal
possession. Apparently the details have not been completely worked out yet, but
there does not appear to be any small quantity exemption as originally
proposed in April of last year. Originally there was an exemption for 2,000 lb
or less. Not anymore. So if you want AN to fertilize you lawn call
DHS..........
This is big especially for those folks that do ANCP propellant. You will now have to register it looks like and basically creating a new permit for just that. This doesnt only effect rocketry but lots of stuff. This could also open the door to further regulations of Oxidizers of all sorts.
Here is the document they passed below.
`SEC. 899A. DEFINITIONS.
`In this subtitle:
`(1) AMMONIUM NITRATE- 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) 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
person who purchases ammonium nitrate from an ammonium 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 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.
`SEC. 899I. DEADLINES FOR REGULATIONS.
`The Secretary--
`(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 Secretary--
`(1) $2,000,000 for fiscal year 2008; and
`(2) $10,750,000 for each of fiscal years 2009 through 2012.'.
I always knew bullshit was the best fertilizer.
so that's what paranoia looks like when it becomes law....
So our government is trying to keep this stuff from the bad guys or so they say. I guess they still haven't quite figured out that when those people that are willing to break the law to begin with, by making a large explosive to kill people with, aren't really to concerned about breaking the law to obtain whatever materials they need. So whats another thing like that to those people. Nothing. I guess it is to help all those folks in our country feel better or sleep better knowing their government is doing all they can or demand that the government take care of everything for them, even though it in truth it means nothing but problems for the people that have legit uses and are law abiding anyhow.
Joe eventually they will require a permit or registration for BS as it to will be a national security issue.
It looks to me as if that this is not in effect until 3 items happen... A definition as to the "threshold percentage for ammonium nitrate in a substance.", the proposed rule implementing this action and the final rule implementing this action. The latter of which must happen no later than 1 year after implementing this subtitle...
Am I correct on this? If so, anyone with a little AN sitting around may have a month or two or six? to safely dispose of it before running the risk of illegal posession.
The document also says the penalty will be up to $50k depending on circumstances etc... Pretty steep potential fine... I would have to think, that if someone had a small quantity that was aquired prior to this rule going into effect would be fined far less than the maximum, but who wants to find out?
Safe to say, that CP technologies is filling out papers on becoming a registered Amonium Nitrate Facility...
soon there will only be water rockets...
Well some more info down the pipline. Looks like this was actually started and backed by the largest manufactures in the industry.
It's not about security, It has nothing to do with that. It all about limiting the liability of the largest manufacturers of AN if there's an incident of where someone uses it for wrong doings. Registration, permits and following rules they help establish is easier for the large manufacturers and is nothingl compared to fighting a lawsuit if such incidents should happen. With a Federal licensing program in place, and with the original mfgr in compliance, the blame/fault is passed down the line to the point of theft or illeagal sales. The distributor will have to prove it had a licensed and it's storage was secure as well as users with have to prove registration.
I will provide a link later to support this.. Its still garbage as again Illegal doing folks will come by it in illegal manners. All this does is save the big fish above from being sued out of existance.
Just goes to show 'ya, when the Gov't decides to act after the fact, it only takes 'em about twelve years. Now if they would also regulate Ryder trucks and diesel fuel, maybe the threat would be diminshed enough for a change in the security color of the day.
What about cold packs? You know, those packs you buy at the drugstore and snap to make them cold? It's just ammonium nitrate and water, and a resulting natural endothermic reaction. So, those would be illegal to possess? Well, it just keeps getting better, doesn't it? 😯
It looks to me as if that this is not in effect until 3 items happen... A definition as to the "threshold percentage for ammonium nitrate in a substance.", the proposed rule implementing this action and the final rule implementing this action. The latter of which must happen no later than 1 year after implementing this subtitle...
Am I correct on this? If so, anyone with a little AN sitting around may have a month or two or six? to safely dispose of it before running the risk of illegal posession.
The document also says the penalty will be up to $50k depending on circumstances etc... Pretty steep potential fine... I would have to think, that if someone had a small quantity that was aquired prior to this rule going into effect would be fined far less than the maximum, but who wants to find out?Safe to say, that CP technologies is filling out papers on becoming a registered Amonium Nitrate Facility...
soon there will only be water rockets...
I dont know. You can get hydrogen out of water, and you know some one made a bomb out of that!
Scott, right now it takes a fission reaction to make a hydrogen fusion reaction. We can hold our breathes until then..