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 Com-
mittee on Homeland Security 
A BILL 
To authorize the Secretary of Homeland Security to regulate 
the production, storage, sale, and distribution of ammo-
nium 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 ni-
trate to create explosives. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure Handling of 
Ammonium Nitrate Act of 2005’’.
SEC. 2. 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 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 to pre-
vent terrorists from acquiring ammonium nitrate to 
create explosives. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACT.—The term ‘‘this Act’’ includes regula-
tions issued under this Act. 
(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. 4. REGULATION OF HANDLING AND PURCHASE OF AM-
MONIUM 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 Act; 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 of 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 6, under appropriate 
arrangements to ensure the protection of the infor-
mation; 
(2) to the public, to the extent the Secretary 
specifically finds that disclosure of particular infor-
mation is required in the public interest; or 
(3) to the extent required by order of a Federal 
court in a proceeding in which the Secretary is a
party, under such protective measures as the court 
may prescribe. 
SEC. 5. ENFORCEMENT. 
(a) INSPECTIONS.—The Secretary, without a war-
rant, may enter any place during business hours that the 
Secretary believes may handle ammonium nitrate to deter-
mine whether the handling is being conducted in accord-
ance with this Act. 
(b) PREVENTION
OF
SALE
OR
DISTRIBUTION 
ORDER.—In any case in which the Secretary has reason 
to believe that ammonium nitrate has been handled other 
than in accordance with this Act, the Secretary may issue 
a written order preventing any person that owns, controls, 
or has custody of the ammonium nitrate from selling or 
distributing the ammonium nitrate. 
(c) APPEAL PROCEDURES.— 
(1) IN GENERAL.—A person subject to an order 
under subsection (b) may request a hearing to con-
test the order, under such administrative adjudica-
tion procedures as the Secretary may establish. 
(2) RESCISSION.—If an appeal under para-
graph (1) is successful, the Secretary shall rescind 
the order. 
(d) IN REM PROCEEDINGS.—The Secretary may in-
stitute in rem proceedings in the United States district
court for the district in which the ammonium nitrate is 
located to seize and confiscate ammonium nitrate that has 
been handled in violation of this Act. 
SEC. 6. ADMINISTRATIVE PROVISIONS. 
(a) COOPERATIVE
AGREEMENTS.—The Secretary 
may enter into a cooperative agreement with the Secretary 
of Agriculture, or the head of any State department of 
agriculture or other State agency that regulates plant nu-
trients, to carry out this Act, including cooperating in the 
enforcement of this Act through the use of personnel or 
facilities. 
(b) DELEGATION.— 
(1) IN GENERAL.—The Secretary may delegate 
to a State the authority to assist the Secretary in 
the administration and enforcement of this Act. 
(2) DELEGATION REQUIRED.—On the request 
of a Governor of a State, the Secretary shall dele-
gate to the State the authority to carry out section 
4 or 5, on a determination by the Secretary that the 
State is capable of satisfactorily carrying out that 
section. 
(3) FUNDING.—If the Secretary enters into an 
agreement with a State under this subsection to del-
egate functions to the State, the Secretary shall pro-
vide to the State adequate funds to enable the State 
to carry out the functions. 
(4) INAPPLICABILITY.—Notwithstanding any 
other provision of this subsection, this subsection 
does not authorize a State to carry out a function 
under section 4 or 5 relating to a facility or handler 
in the State that makes the election described in sec-
tion 4(c)(2). 
SEC. 7. CIVIL LIABILITY. 
(a) UNLAWFUL ACTS.—It is unlawful for any per-
son— 
(1) to fail to perform any duty required by this 
Act; 
(2) to violate the terms of registration under 
this Act; 
(3) to fail to keep any record, make any report, 
or allow any inspection required by this Act; or 
(4) to violate any sale or distribution order 
issued under this Act. 
(b) PENALTIES.— 
(1) IN GENERAL.—A person that violates this 
Act may only be assessed a civil penalty by the Sec-
retary of not more than $50,000 per violation. 
(2) NOTICE AND OPPORTUNITY FOR A HEAR-
ING.—No civil penalty shall be assessed under this
Act unless the person charged has been given notice 
and opportunity for a hearing on the charge in the 
county, parish, or incorporated city of residence of 
the person charged. 
(c) JURISDICTION OVER ACTIONS FOR CIVIL DAM-
AGES.—The district courts of the United States shall have 
exclusive jurisdiction over any action for civil damages 
against a handler for any harm or damage that is alleged 
to have resulted from the use of ammonium nitrate in vio-
lation of law that occurred on or after the date of enact-
ment of this Act. 
SEC. 8. STATE LAW PREEMPTION. 
This Act preempts any State law that regulates the 
handling of ammonium nitrate to prevent the misappro-
priation or use of ammonium nitrate in an act of ter-
rorism. 
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