TITLE II—SECURE HANDLING OF 
AMMONIUM NITRATE 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Secure Handling of 
Ammonium Nitrate Act of 2005’’. 
SEC. 202. FINDINGS. 
Congress finds the following: 
(1) Although ammonium nitrate is an impor-
tant fertilizer used in agricultural production, in the 
wrong hands, ammonium nitrate can be used to cre-
ate explosives and was so used in terrorist attacks 
conducted in in Oklahoma City, Bali, and Istanbul. 
(2) The production, importation, storage, sale, 
and distribution of ammonium nitrate affects inter-
state and intrastate commerce. 
(3) It is necessary for the Secretary of Home-
land Security to regulate the production, storage, 
sale, and distribution of ammonium nitrate on ac-
count of the prior use of ammonium nitrate to cre-
ate explosives used in acts of terrorism and the pre-
vent terrorists from acquiring ammonium nitrate to 
create explosives. 
SEC. 203. DEFINITIONS. 
In this title:
(1) TITLE.—The term ‘‘this title’’ includes reg-
ulations issued under this title. 
(2) AMMONIUM NITRATE.—The term ‘‘ammo-
nium nitrate’’ means solid ammonium nitrate that is 
chiefly the ammonium salt of nitric acid and con-
tains not less than 33 percent nitrogen, of which— 
(A) 50 percent is in ammonium form; and 
(B) 50 percent is in nitrate form. 
(3) FACILITY.—The term ‘‘facility’’ means any 
site where ammonium nitrate is produced, stored, or 
held for distribution, sale, or use. The term in-
cludes— 
(A) all buildings or structures used to 
produce, store, or hold ammonium nitrate for 
distribution, sale, or use at a single site; and 
(B) multiple sites described in subpara-
graph (A), if the sites are— 
(i) contiguous or adjacent; and 
(ii) owned or operated by the same 
person. 
(4) HANDLE.—The term ‘‘handle’’ means to 
produce, store, sell, or distribute ammonium nitrate. 
(5) HANDLER.—The term ‘‘handler’’ means 
any person that produces, stores, sells, or distributes 
ammonium nitrate.
(6) 
PURCHASER.—The 
term 
‘‘purchaser’’ 
means any person that purchases ammonium ni-
trate. 
(7) TERRORISM.—The term ‘‘terrorism’’ has 
the meaning given that term in section 2(15) of the 
Homeland Security Act of 2002 (6 U.S.C. 101(15)). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 204. REGULATION OF HANDLING AND PURCHASE OF 
AMMONIUM NITRATE. 
(a) IN GENERAL.—The Secretary may regulate the 
handling and purchase of ammonium nitrate to prevent 
the misappropriation or use of ammonium nitrate in an 
act of terrorism. 
(b) REGULATIONS.—The Secretary may promulgate 
regulations that require— 
(1) handlers— 
(A) to register facilities; 
(B) to sell or distribute ammonium nitrate 
only to handlers and purchasers registered 
under this title; and 
(C) to maintain records of sale or distribu-
tion that include the name, address, telephone 
number, and registration number of the imme-
diate subsequent purchaser of ammonium ni-
trate; and 
(2) purchasers to be registered. 
(c) USE
OF PREVIOUSLY SUBMITTED INFORMA-
TION.—Prior to requiring a facility or handler to submit 
new information for registration under this section, the 
Secretary shall— 
(1) request from the Attorney General, and the 
Attorney General shall provide, any information pre-
viously submitted to the Attorney General by the fa-
cility or handler under section 843 of title 18, 
United States Code; and 
(2) at the election of the facility or handler— 
(A) use the license issued under that sec-
tion in lieu of requiring new information for 
registration under this section; and 
(B) consider the license to fully comply 
with the requirement for registration under this 
section. 
(d) CONSULTATION.—In promulgating regulations 
under this section, the Secretary shall consult with the 
Secretary to Agriculture to ensure that the access of agri-
cultural producers to ammonium nitrate is not unduly bur-
dened.
(e) DATA CONFIDENTIALITY.—Notwithstanding sec-
tion 552 of title 5, United States Code, or the USA PA-
TRIOT ACT (Public Law 107–56; 115 Stat. 272) or an 
amendment made by that Act, the Secretary may not dis-
close to any person any information obtained from any fa-
cility, handler, or purchaser— 
(1) regarding any action taken, or to be taken, 
at the facility or by the handler or purchaser to en-
sure the secure handling of ammonium nitrate; or 
(2) that would disclose— 
(A) the identity or address of any purchase 
of ammonium nitrate; 
(B) the quantity of ammonium nitrate pur-
chased; or 
(C) the details of the purchase transaction. 
(f) EXCEPTIONS TO DATA CONFIDENTIALITY.—The 
Secretary may disclose any information described in sub-
section (e)— 
(1) to an officer or employee of the United 
States, or a person that has entered into a contract 
with the United States, who needs to know the infor-
mation to perform the duties of the officer, em-
ployee, or person, or to a State agency pursuant to 
an arrangement under section 206, under appro-