II 

109TH CONGRESS 

1ST SESSION S. 1141 

To authorize the Secretary of Homeland Security to regulate ammonium 

nitrate. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2005 

Mr. COCHRAN (for himself, Mr. PRYOR, Mr. CHAMBLISS, and Mr. ROBERTS) 

introduced the following bill; which was read twice and referred to the 

Committee on Homeland Security and Governmental Affairs 

A BILL 

To authorize the Secretary of Homeland Security to regulate 

ammonium nitrate. 

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) ammonium nitrate is an important fertilizer 

9 used to produce a reliable and affordable food supply 

10 for the United States and the world; 
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1 (2) in the wrong hands, ammonium nitrate may 

2 be used for illegal activities; 

3 (3) the production, importation, storage, sale, 

4 and distribution of ammonium nitrate affects inter5 state and intrastate commerce; and 

6 (4) it is necessary to regulate the production, 

7 storage, sale, and distribution of ammonium nitrate. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) AMMONIUM NITRATE.—The term ‘‘ammo11 nium nitrate’’ means solid ammonium nitrate that is 

12 chiefly the ammonium salt of nitric acid and con13 tains not less than 33 percent nitrogen, of which— 

14 (A) 50 percent is in ammonium form; and 

15 (B) 50 percent is in nitrate form. 

16 (2) FACILITY.— 

17 (A) IN GENERAL.—The term ‘‘facility’’ 

18 means any site where ammonium nitrate is pro19 duced, stored, or held for distribution, sale, or 

20 use. 

21 (B) INCLUSIONS.—The term ‘‘facility’’ in22 cludes— 

23 (i) all buildings or structures used to 

24 produce, store, or hold ammonium nitrate 
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1 for distribution, sale, or use at a single 

2 site; and 

3 (ii) multiple sites described in clause 

4 (i), if the sites are— 

5 (I) contiguous or adjacent; and 

6 (II) owned or operated by the 

7 same person. 

8 (3) HANDLE.—The term ‘‘handle’’ means to 

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

10 (4) HANDLER.—The term ‘‘handler’’ means 

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

12 ammonium nitrate. 

13 (5) PURCHASER.—The term ‘‘purchaser’’ 

14 means any person that purchases ammonium ni15 trate. 

16 (6) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Homeland Security. 

18 SEC. 4. REGULATION OF HANDLING AND PURCHASE OF AM19 MONIUM NITRATE. 

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

21 handling and purchase of ammonium nitrate to prevent 

22 the misappropriation or use of ammonium nitrate in viola23 tion of law. 

24 (b) REGULATIONS.—The Secretary may promulgate 

25 regulations that require— 
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1 (1) handlers— 

2 (A) to register facilities; 

3 (B) to sell or distribute ammonium nitrate 

4 only to handlers and purchasers registered 

5 under this Act; and 

6 (C) to maintain records of sale or distribu7 tion that include the name, address, telephone 

8 number, and registration number of the imme9 diate subsequent purchaser of ammonium ni10 trate; and 

11 (2) purchasers to be registered. 

12 (c) USE OF PREVIOUSLY SUBMITTED INFORMA13 TION.—Prior to requiring a facility or handler to submit 

14 new information for registration under this section, the 

15 Secretary shall— 

16 (1) request from the Attorney General, and the 

17 Attorney General shall provide, any information pre18 viously submitted to the Attorney General by the fa19 cility or handler under section 843 of title 18, 

20 United States Code; and 

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

22 (A) use the license issued under that sec23 tion in lieu of requiring new information for 

24 registration under this section; and 
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1 (B) consider the license to fully comply 

2 with the requirement for registration under this 

3 section. 

4 (d) CONSULTATION.—In promulgating regulations 

5 under this section, the Secretary shall consult with the 

6 Secretary to Agriculture to ensure that the access of agri7 cultural producers to ammonium nitrate is not unduly bur8 dened. 

9 (e) DATA CONFIDENTIALITY.— 

10 (1) IN GENERAL.—Notwithstanding section 552 

11 of title 5, United States Code, or the USA PA12 TRIOT ACT (Public Law 107–56; 115 Stat. 272) 

13 or an amendment made by that Act, except as pro14 vided in paragraph (2), the Secretary may not dis15 close to any person any information obtained from 

16 any facility, handler, or purchaser— 

17 (A) regarding any action taken, or to be 

18 taken, at the facility or by the handler or pur19 chaser to ensure the secure handling of ammo20 nium nitrate; or 

21 (B) that would disclose— 

22 (i) the identity or address of any pur23 chase of ammonium nitrate; 

24 (ii) the quantity of ammonium nitrate 

25 purchased; or 
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1 (iii) the details of the purchase trans2 action. 

3 (2) EXCEPTIONS.—The Secretary may disclose 

4 any information described in paragraph (1)— 

5 (A) to an officer or employee of the United 

6 States, or a person that has entered into a con7 tract with the United States, who needs to 

8 know the information to perform the duties of 

9 the officer, employee, or person, or to a State 

10 agency pursuant to an arrangement under sec11 tion 6, under appropriate arrangements to en12 sure the protection of the information; 

13 (B) to the public, to the extent the Sec14 retary specifically finds that disclosure of par15 ticular information is required in the public in16 terest; or 

17 (C) to the extent required by order of a 

18 Federal court in a proceeding in which the Sec19 retary is a party, under such protective meas20 ures as the court may prescribe. 

21 SEC. 5. ENFORCEMENT. 

22 (a) INSPECTIONS.—The Secretary, without a war23 rant, may enter any place during business hours that the 

24 Secretary believes may handle ammonium nitrate to deter25 mine whether the handling is being conducted in accord-
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1 ance with this Act, including regulations promulgated 

2 under this Act. 

3 (b) PREVENTION OF SALE OR DISTRIBUTION

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

5 to believe that ammonium nitrate has been handled other 

6 than in accordance with this Act, including regulations 

7 promulgated under this Act, the Secretary may issue a 

8 written order preventing any person that owns, controls, 

9 or has custody of the ammonium nitrate from selling or 

10 distributing the ammonium nitrate. 

11 (c) APPEAL PROCEDURES.— 

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

13 under subsection (b) may request a hearing to con14 test the order, under such administrative adjudica15 tion procedures as the Secretary may establish. 

16 (2) RESCISSION.—If an appeal under para17 graph (1) is successful, the Secretary shall rescind 

18 the order. 

19 (d) IN REM PROCEEDINGS.—The Secretary may in20 stitute in rem proceedings in the United States district 

21 court for the district in which the ammonium nitrate is 

22 located to seize and confiscate ammonium nitrate that has 

23 been handled in violation of this Act, including regulations 

24 promulgated under this Act. 
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1 SEC. 6. ADMINISTRATIVE PROVISIONS. 

2 (a) COOPERATIVE AGREEMENTS.—The Secretary 

3 may enter into a cooperative agreement with the Secretary 

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

5 agriculture or other State agency that regulates plant nu6 trients, to carry out this Act, including cooperating in the 

7 enforcement of this Act through the use of personnel or 

8 facilities. 

9 (b) DELEGATION.— 

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

11 to a State the authority to assist the Secretary in 

12 the administration and enforcement of this Act, in13 cluding regulations promulgated under this Act. 

14 (2) DELEGATION REQUIRED.—On the request 

15 of a Governor of a State, the Secretary shall dele16 gate to the State the authority to carry out section 

17 4 or 5, on a determination by the Secretary that the 

18 State is capable of satisfactorily carrying out that 

19 section. 

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

21 agreement with a State under this subsection to del22 egate functions to the State, the Secretary shall pro23 vide to the State adequate funds to enable the State 

24 to carry out the functions. 

25 (4) INAPPLICABILITY.—Notwithstanding any 

26 other provision of this subsection, this subsection 
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1 does not authorize a State to carry out a function 

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

3 in the State that makes the election described in sec4 tion 4(c)(2). 

5 SEC. 7. CIVIL LIABILITY. 

6 (a) UNLAWFUL ACTS.—It is unlawful for any per7 son— 

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

9 Act, including regulations promulgated under this 

10 Act; 

11 (2) to violate the terms of registration under 

12 this Act; 

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

14 or allow any inspection required by this Act; or 

15 (4) to violate any sale or distribution order 

16 issued under this Act. 

17 (b) PENALTIES.— 

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

19 Act (including a regulation promulgated under this 

20 Act) may only be assessed a civil penalty by the Sec21 retary of not more than $50,000 per violation. 

22 (2) NOTICE AND OPPORTUNITY FOR A HEAR23 ING.—No civil penalty shall be assessed under this 

24 Act unless the person charged has been given notice 

25 and opportunity for a hearing on the charge in the 
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1 county, parish, or incorporated city of residence of 

2 the person charged. 

3 (c) JURISDICTION OVER ACTIONS FOR CIVIL DAM4 AGES.—The district courts of the United States shall have 

5 exclusive jurisdiction over any action for civil damages 

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

7 to have resulted from the use of ammonium nitrate in vio8 lation of law that occurred on or after the date of enact9 ment of this Act. 

10 SEC. 8. STATE LAW PREEMPTION. 

11 This Act preempts any State law (including a regula12 tion) that regulates the handling of ammonium nitrate to 

13 prevent the misappropriation or use of ammonium nitrate 

14 in violation of law. 

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this Act. 

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