Secure Handling of Ammonium Nitrate Act of 2005 - Authorizes the Secretary of Homeland Security to regulate the handling and purchase of ammonium nitrate to prevent its misappropriation or use in violation of law.
Authorizes the Secretary to promulgate regulations that require: (1) handlers to register facilities, to sell or distribute ammonium nitrate only to handlers and purchasers registered under this Act, and 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.
Makes it unlawful for any person to: (1) fail to perform any duty required by this Act, including regulations promulgated under this Act; (2) violate the terms of registration under this Act; (3) 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. Provides penalties for violations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1141 Introduced in Senate (IS)]
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.
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;
(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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6032)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S6032-6033)
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