I 

109TH CONGRESS 

1ST SESSION H. R. 3197 

To authorize the Secretary of Homeland Security to regulate the production, 

storage, sale, and distribution of ammonium nitrate on account of the 

prior use of ammonium nitrate to create explosives used in acts of 

terrorism and to prevent terrorists from acquiring ammonium nitrate 

to create explosives. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Mr. WELDON of Pennsylvania (for himself, Mr. THOMPSON of Mississippi, Mr. 

ETHERIDGE, Mr. BROWN of Ohio, Mrs. CHRISTENSEN, and Mr. KING of 

New York) introduced the following bill; which was referred to the Committee on Homeland Security 

A BILL 

To authorize the Secretary of Homeland Security to regulate 

the production, storage, sale, and distribution of ammonium nitrate on account of the prior use of ammonium 

nitrate to create explosives used in acts of terrorism 

and to prevent terrorists from acquiring ammonium nitrate to create explosives. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure Handling of 

5 Ammonium Nitrate Act of 2005’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Although ammonium nitrate is an impor4 tant fertilizer used in agricultural production, in the 

5 wrong hands, ammonium nitrate can be used to cre6 ate explosives and was so used in terrorist attacks 

7 conducted in Oklahoma City, Bali, and Istanbul. 

8 (2) The production, importation, storage, sale, 

9 and distribution of ammonium nitrate affects inter10 state and intrastate commerce. 

11 (3) It is necessary for the Secretary of Home12 land Security to regulate the production, storage, 

13 sale, and distribution of ammonium nitrate on ac14 count of the prior use of ammonium nitrate to cre15 ate explosives used in acts of terrorism and to pre16 vent terrorists from acquiring ammonium nitrate to 

17 create explosives. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) ACT.—The term ‘‘this Act’’ includes regula21 tions issued under this Act. 

22 (2) AMMONIUM NITRATE.—The term ‘‘ammo23 nium nitrate’’ means solid ammonium nitrate that is 

24 chiefly the ammonium salt of nitric acid and con25 tains not less than 33 percent nitrogen, of which—

26 (A) 50 percent is in ammonium form; and 
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1 (B) 50 percent is in nitrate form. 

2 (3) FACILITY.—The term ‘‘facility’’ means any 

3 site where ammonium nitrate is produced, stored, or 

4 held for distribution, sale, or use. The term in5 cludes— 

6 (A) all buildings or structures used to 

7 produce, store, or hold ammonium nitrate for 

8 distribution, sale, or use at a single site; and 

9 (B) multiple sites described in subpara10 graph (A), if the sites are— 

11 (i) contiguous or adjacent; and 

12 (ii) owned or operated by the same 

13 person. 

14 (4) HANDLE.—The term ‘‘handle’’ means to 

15 produce, store, sell, or distribute ammonium nitrate. 

16 (5) HANDLER.—The term ‘‘handler’’ means 

17 any person that produces, stores, sells, or distributes 

18 ammonium nitrate. 

19 (6) PURCHASER.—The term ‘‘purchaser’’ 

20 means any person that purchases ammonium ni21 trate. 

22 (7) TERRORISM.—The term ‘‘terrorism’’ has 

23 the meaning given that term in section 2(15) of the 

24 Homeland Security Act of 2002 (6 U.S.C. 101(15)). 
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1 (8) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security. 

3 SEC. 4. REGULATION OF HANDLING AND PURCHASE OF AM4 MONIUM NITRATE. 

5 (a) IN GENERAL.—The Secretary may regulate the 

6 handling and purchase of ammonium nitrate to prevent 

7 the misappropriation or use of ammonium nitrate in an 

8 act of terrorism. 

9 (b) REGULATIONS.—The Secretary may promulgate 

10 regulations that require— 

11 (1) handlers— 

12 (A) to register facilities; 

13 (B) to sell or distribute ammonium nitrate 

14 only to handlers and purchasers registered 

15 under this Act; and 

16 (C) to maintain records of sale or distribu17 tion that include the name, address, telephone 

18 number, and registration number of the imme19 diate subsequent purchaser of ammonium ni20 trate; and 

21 (2) purchasers to be registered. 

22 (c) USE OF PREVIOUSLY SUBMITTED INFORMA23 TION.—Prior to requiring a facility or handler to submit 

24 new information for registration under this section, the 

25 Secretary shall— 
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1 (1) request from the Attorney General, and the 

2 Attorney General shall provide, any information pre3 viously submitted to the Attorney General by the fa4 cility or handler under section 843 of title 18, 

5 United States Code; and 

6 (2) at the election of the facility or handler—

7 (A) use the license issued under that sec8 tion in lieu of requiring new information for 

9 registration under this section; and 

10 (B) consider the license to fully comply 

11 with the requirement for registration under this 

12 section. 

13 (d) CONSULTATION.—In promulgating regulations 

14 under this section, the Secretary shall consult with the 

15 Secretary of Agriculture to ensure that the access of agri16 cultural producers to ammonium nitrate is not unduly bur17 dened. 

18 (e) DATA CONFIDENTIALITY.—Notwithstanding sec19 tion 552 of title 5, United States Code, or the USA PA20 TRIOT ACT (Public Law 107–56; 115 Stat. 272) or an 

21 amendment made by that Act, the Secretary may not dis22 close to any person any information obtained from any fa23 cility, handler, or purchaser—
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1 (1) regarding any action taken, or to be taken, 

2 at the facility or by the handler or purchaser to en3 sure the secure handling of ammonium nitrate; or 

4 (2) that would disclose— 

5 (A) the identity or address of any purchase 

6 of ammonium nitrate; 

7 (B) the quantity of ammonium nitrate pur8 chased; or 

9 (C) the details of the purchase transaction. 

10 (f) EXCEPTIONS TO DATA CONFIDENTIALITY.—The 

11 Secretary may disclose any information described in sub12 section (e)— 

13 (1) to an officer or employee of the United 

14 States, or a person that has entered into a contract 

15 with the United States, who needs to know the infor16 mation to perform the duties of the officer, em17 ployee, or person, or to a State agency pursuant to 

18 an arrangement under section 6, under appropriate 

19 arrangements to ensure the protection of the infor20 mation; 

21 (2) to the public, to the extent the Secretary 

22 specifically finds that disclosure of particular infor23 mation is required in the public interest; or 

24 (3) to the extent required by order of a Federal 

25 court in a proceeding in which the Secretary is a 
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1 party, under such protective measures as the court 

2 may prescribe. 

3 SEC. 5. ENFORCEMENT. 

4 (a) INSPECTIONS.—The Secretary, without a war5 rant, may enter any place during business hours that the 

6 Secretary believes may handle ammonium nitrate to deter7 mine whether the handling is being conducted in accord8 ance with this Act. 

9 (b) PREVENTION OF SALE OR DISTRIBUTION

10 ORDER.—In any case in which the Secretary has reason 

11 to believe that ammonium nitrate has been handled other 

12 than in accordance with this Act, the Secretary may issue 

13 a written order preventing any person that owns, controls, 

14 or has custody of the ammonium nitrate from selling or 

15 distributing the ammonium nitrate. 

16 (c) APPEAL PROCEDURES.— 

17 (1) IN GENERAL.—A person subject to an order 

18 under subsection (b) may request a hearing to con19 test the order, under such administrative adjudica20 tion procedures as the Secretary may establish. 

21 (2) RESCISSION.—If an appeal under para22 graph (1) is successful, the Secretary shall rescind 

23 the order. 

24 (d) IN REM PROCEEDINGS.—The Secretary may in25 stitute in rem proceedings in the United States district 
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1 court for the district in which the ammonium nitrate is 

2 located to seize and confiscate ammonium nitrate that has 

3 been handled in violation of this Act. 

4 SEC. 6. ADMINISTRATIVE PROVISIONS. 

5 (a) COOPERATIVE AGREEMENTS.—The Secretary 

6 may enter into a cooperative agreement with the Secretary 

7 of Agriculture, or the head of any State department of 

8 agriculture or other State agency that regulates plant nu9 trients, to carry out this Act, including cooperating in the 

10 enforcement of this Act through the use of personnel or 

11 facilities. 

12 (b) DELEGATION.— 

13 (1) IN GENERAL.—The Secretary may delegate 

14 to a State the authority to assist the Secretary in 

15 the administration and enforcement of this Act. 

16 (2) DELEGATION REQUIRED.—On the request 

17 of a Governor of a State, the Secretary shall dele18 gate to the State the authority to carry out section 

19 4 or 5, on a determination by the Secretary that the 

20 State is capable of satisfactorily carrying out that 

21 section. 

22 (3) FUNDING.—If the Secretary enters into an 

23 agreement with a State under this subsection to del24 egate functions to the State, the Secretary shall pro-
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1 vide to the State adequate funds to enable the State 

2 to carry out the functions. 

3 (4) INAPPLICABILITY.—Notwithstanding any 

4 other provision of this subsection, this subsection 

5 does not authorize a State to carry out a function 

6 under section 4 or 5 relating to a facility or handler 

7 in the State that makes the election described in sec8 tion 4(c)(2). 

9 SEC. 7. CIVIL LIABILITY. 

10 (a) UNLAWFUL ACTS.—It is unlawful for any per11 son— 

12 (1) to fail to perform any duty required by this 

13 Act; 

14 (2) to violate the terms of registration under 

15 this Act; 

16 (3) to fail to keep any record, make any report, 

17 or allow any inspection required by this Act; or 

18 (4) to violate any sale or distribution order 

19 issued under this Act. 

20 (b) PENALTIES.— 

21 (1) IN GENERAL.—A person that violates this 

22 Act may only be assessed a civil penalty by the Sec23 retary of not more than $50,000 per violation. 

24 (2) NOTICE AND OPPORTUNITY FOR A HEAR25 ING.—No civil penalty shall be assessed under this 
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1 Act unless the person charged has been given notice 

2 and opportunity for a hearing on the charge in the 

3 county, parish, or incorporated city of residence of 

4 the person charged. 

5 (c) JURISDICTION OVER ACTIONS FOR CIVIL DAM6 AGES.—The district courts of the United States shall have 

7 exclusive jurisdiction over any action for civil damages 

8 against a handler for any harm or damage that is alleged 

9 to have resulted from the use of ammonium nitrate in vio10 lation of law that occurred on or after the date of enact11 ment of this Act. 

12 SEC. 8. STATE LAW PREEMPTION. 

13 This Act preempts any State law that regulates the 

14 handling of ammonium nitrate to prevent the misappro15 priation or use of ammonium nitrate in an act of ter16 rorism. 

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