[Congressional Record Volume 151, Number 72 (Thursday, May 26, 2005)]
[Senate]
[Pages S6032-S6034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COCHRAN (for himself, Mr. Pryor, Mr. Chambliss, and Mr. 
        Roberts):
  S. 1141. A bill to authorize the Secretary of Homeland Security to 
regulate ammonium nitrate; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. COCHRAN. Mr. President, fertilizers provide essential nutrients 
to the food we eat. Without fertilizer, roughly one-third of the 
world's people would go hungry. Ammonium nitrate fertilizer is an 
effective source of nitrogen that all crops need to grow. Thousands of 
American farmers value its use in certain applications including cool 
weather fertilization and other low-till cropping systems. Thus, the 
continued availability of ammonium nitrate fertilizer to U.S. farmers 
has economic, agronomic and environmental benefits to farmers and 
society as a whole.
  At the same time, the April 1995 attack on the Alfred P. Murrah 
Federal Building in Oklahoma City showed America that this highly 
valuable fertilizer can be subject to adulteration and misuse by 
criminals intent on engaging in acts of terror.
  After the Oklahoma City tragedy, Congress enacted legislation calling 
for a study on the feasibility and practicability of imposing controls 
on certain precursor chemicals, including ammonium nitrate. Congress 
recognized that it is simply not possible for the agriculture community 
to guarantee against the criminal misuse of ammonium nitrate or for any 
community to guarantee that the thousands of everyday products that can 
be converted to criminal use will not be misused by those with the 
intent and capability to do so.
  Over the past 10 years, the security landscape has continued to 
change. The agriculture community and the fertilizer industry recognize 
that more needs to be done to strengthen the controls regarding the 
handling and purchase of ammonium nitrate fertilizer in order to ensure 
American farmers continue to have access to this valued input. Today, 
with my colleague from Arkansas Mr. Pryor, my colleague from Georgia 
Mr. Chambliss, and my colleague from Kansas Mr. Roberts, I am pleased 
to introduce legislation that provides a practical and workable 
solution to enhance the secure handling of ammonium nitrate ensuring 
that ammonium nitrate remains available for agricultural use.
  The legislation is entitled ``The Secure Handling of Ammonium Nitrate 
Act of 2005.'' It calls for Federal and State cooperation to secure 
ammonium nitrate fertilizer. It requires any person who produces, 
stores, sells, or distributes ammonium nitrate to register their 
facility with their State department of agriculture and to maintain 
records of sales or distribution of the product. Additionally, it 
requires all purchasers of ammonium nitrate to register with their 
State department of agriculture.
  We believe these requirements are necessary measures to help provide 
additional security for ammonium nitrate fertilizer and will not unduly 
burden agriculture professionals or farmers who use ammonium nitrate. 
Furthermore, we believe this important legislation will effectively 
enhance ongoing security measures and help to keep ammonium nitrate out 
of the hands of those who wish to harm our Nation.
  I urge Senators to support this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1141

       Be it enacted by the Senate and House of Representatives 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 that--
       (1) ammonium nitrate is an important fertilizer used to 
     produce a reliable and affordable food supply for the United 
     States and the world;
       (2) in the wrong hands, ammonium nitrate may be used for 
     illegal activities;
       (3) the production, importation, storage, sale, and 
     distribution of ammonium nitrate affects interstate and 
     intrastate commerce; and
       (4) it is necessary to regulate the production, storage, 
     sale, and distribution of ammonium nitrate.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Ammonium nitrate.--The term ``ammonium nitrate'' means 
     solid ammonium nitrate that is chiefly the ammonium salt of 
     nitric acid and contains not less than 33 percent nitrogen, 
     of which--
       (A) 50 percent is in ammonium form; and
       (B) 50 percent is in nitrate form.
       (2) Facility.--
       (A) In general.--The term ``facility'' means any site where 
     ammonium nitrate is produced, stored, or held for 
     distribution, sale, or use.
       (B) Inclusions.--The term ``facility'' includes--
       (i) all buildings or structures used to produce, store, or 
     hold ammonium nitrate for distribution, sale, or use at a 
     single site; and
       (ii) multiple sites described in clause (i), if the sites 
     are--

       (I) contiguous or adjacent; and
       (II) owned or operated by the same person.

       (3) Handle.--The term ``handle'' means to produce, store, 
     sell, or distribute ammonium nitrate.
       (4) Handler.--The term ``handler'' means any person that 
     produces, stores, sells, or distributes ammonium nitrate.
       (5) Purchaser.--The term ``purchaser'' means any person 
     that purchases ammonium nitrate.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 4. 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 violation of 
     law.
       (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 distribution that 
     include the name, address, telephone number, and registration 
     number of the immediate subsequent purchaser of ammonium 
     nitrate; and
       (2) purchasers to be registered.
       (c) Use of Previously Submitted Information.--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 previously submitted 
     to the Attorney General by the facility 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 section 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 agricultural 
     producers to ammonium nitrate is not unduly burdened.
       (e) 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) or an amendment made by that Act, except 
     as provided in paragraph (2), the Secretary may not disclose 
     to any person any information obtained from any facility, 
     handler, or purchaser--
       (A) regarding any action taken, or to be taken, at the 
     facility or by the handler or purchaser to ensure the secure 
     handling of ammonium nitrate; or
       (B) that would disclose--
       (i) the identity or address of any purchase of ammonium 
     nitrate;
       (ii) the quantity of ammonium nitrate purchased; or
       (iii) the details of the purchase transaction.
       (2) Exceptions.--The Secretary may disclose any information 
     described in paragraph (1)--
       (A) 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 information to perform the 
     duties of the officer, employee, or person, or to a State 
     agency pursuant to an arrangement under section 6, under 
     appropriate arrangements to ensure the protection of the 
     information;

[[Page S6033]]

       (B) to the public, to the extent the Secretary specifically 
     finds that disclosure of particular information is required 
     in the public interest; or
       (C) 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 warrant, may 
     enter any place during business hours that the Secretary 
     believes may handle ammonium nitrate to determine whether the 
     handling is being conducted in accordance with this Act, 
     including regulations promulgated under 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, including regulations promulgated under 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 contest the order, 
     under such administrative adjudication procedures as the 
     Secretary may establish.
       (2) Rescission.--If an appeal under paragraph (1) is 
     successful, the Secretary shall rescind the order.
       (d) In Rem Proceedings.--The Secretary may institute 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, including regulations promulgated 
     under 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 nutrients, 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, including regulations promulgated 
     under this Act.
       (2) Delegation required.--On the request of a Governor of a 
     State, the Secretary shall delegate 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 delegate functions to 
     the State, the Secretary shall provide 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 section 4(c)(2).

     SEC. 7. CIVIL LIABILITY.

       (a) Unlawful Acts.--It is unlawful for any person--
       (1) to fail to perform any duty required by this Act, 
     including regulations promulgated under 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 (including 
     a regulation promulgated under this Act) may only be assessed 
     a civil penalty by the Secretary of not more than $50,000 per 
     violation.
       (2) Notice and opportunity for a hearing.--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 Damages.--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 violation of law 
     that occurred on or after the date of enactment of this Act.

     SEC. 8. STATE LAW PREEMPTION.

       This Act preempts any State law (including a regulation) 
     that regulates the handling of ammonium nitrate to prevent 
     the misappropriation or use of ammonium nitrate in violation 
     of law.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
  Mr. PRYOR. Mr. President, I stand today in support of legislation 
that will better protect our homeland by securing the trade and 
handling of ammonium nitrate. While ammonium nitrate is well known in 
the agriculture community to be an important fertilizer, it has also 
become a common ingredient in creating highly explosive bombs like the 
one used in the unforgettable April 1995 bombing attack of the Alfred 
P. Murrah Federal Building in Oklahoma City, Oklahoma. A little more 
than a month ago, we reflected on the tenth anniversary of this tragic 
moment in our nation's history. Despite the enormous potential for 
misuse if in the wrong hands, the purchase and use of ammonium nitrate 
is still largely unregulated by the federal government. It is our hope 
that we can reduce this potential for misuse. By better securing the 
trade and handling of this chemical, we will make it more difficult for 
individuals and groups to misuse the chemical and threaten the lives of 
Americans. The purpose of our legislation is to protect our homeland 
from future threats and attacks that may be similar in nature to that 
of the Oklahoma City Bombing while still ensuring that law abiding 
citizens can use this valuable fertilizer for agricultural activities.
  Fertilizer provides essential nutrients to the food we eat by 
providing an effective source of nitrogen that all crops need to grow. 
I recognize the importance of fertilizer to our Nation's farming 
community, and that is why I believe that we must continue the 
availability of ammonium nitrate fertilizer to farmers in order to 
maintain the economic, agronomic and environmental benefits that this 
product provides. I also understand the negative impact of that 
fertilizer can have on our people if misused by criminals intent on 
engaging in acts of terror.
  Since the 1995 Oklahoma City tragedy, many studies have been 
conducted by the Federal Government to determine the feasibility and 
practicability of imposing controls on certain precursor chemicals, 
including ammonium nitrate. In addition, the fertilizer industry and 
the Bureau of Alcohol Tobacco and Firearms (ATF) created the 
``America's Security Begins with You'' ammonium nitrate security 
campaign in 1995 as an effort to minimize possible misuse of ammonium 
nitrate fertilizer. These studies and campaigns have both led to show 
that it is impossible for the agricultural community to guarantee 
against the criminal misuse of ammonium nitrate under current laws and 
regulations and that more can and should be done to protect against 
this threat.
  The agricultural community and the fertilizer industry both recognize 
that more can and should be done to strengthen the controls regarding 
the handling and purchase of ammonium nitrate fertilizer in order to 
ensure American farmers continue to have access to this valued input. I 
believe that the Federal government must do its part in helping to 
assure that ammonium nitrate fertilizer stays in the hands of 
agricultural professionals and encourage all who handle this chemical 
to protect their community and America by establishing effective 
security measures.
  I am proud to join my colleague from Mississippi, Senator Cochran, in 
introducing this legislation along with Senator Chambliss and Senator 
Roberts. I believe it provides a very practical and workable solution 
to enhance the secure handling of ammonium nitrate and ensure that 
ammonium nitrate remains available for agricultural use. ``The Secure 
Handling of Ammonium Nitrate Act of 2005'' calls for a federal and 
state cooperation to secure ammonium nitrate fertilizer. It requires 
the Department of Homeland Security to enter into cooperative 
agreements with state departments of agriculture to ensure that any 
person who produces, stores, sells, or distributes ammonium nitrate 
registers their facility and maintains records of sales or distribution 
of the product. As such, purchasers of ammonium nitrate would also be 
required to register with their state's department of agriculture.

  My colleagues and I agree that these requirements are necessary 
measures that provide additional security for ammonium nitrate 
fertilizer and will not unduly burden agriculture professionals or 
farmers who use this product. Furthermore, we firmly believe that this 
legislation will effectively enhance ongoing security measures by 
helping to keep ammonium nitrate out of the hands of those who wish to 
harm our Nation.
  I thank the Chairman of the Appropriations Committee, as well as the

[[Page S6034]]

Chairmen of the Agriculture and Intelligence Committees for their 
leadership on this issue, and I urge my colleagues in the Senate to 
support this important legislation.
  Mr. CHAMBLISS. Mr. President, I would like to echo the comments of 
the senior Senator from Mississippi regarding the ``Secure Handling of 
Ammonium Nitrate Act of 2005.'' The importance of ammonium nitrate 
fertilizer to the agricultural industry cannot be understated. However, 
its use in acts of terror has led the industry and public alike 
searching for a way to further secure the handling and use of ammonium 
nitrate. I believe this legislation accomplishes that goal. If passed, 
this bill will help us to track both where this fertilizer is, and who 
is in possession of it. The answers to both of these very important 
questions will further ongoing efforts to keep our Nation safe from 
people who may wish to do it harm. I feel this legislation provides 
additional security for ammonium nitrate while maintaining its 
viability as an agricultural fertilizer.
  I urge my colleagues to support this important legislation.
                                 ______