S. 1141Senate109th Congress (2005-2007)In Committee

Secure Handling of Ammonium Nitrate Act of 2005

Introduced May 26, 2005

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S6032-6033)

May 26, 2005

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SenateIntro Referral

Introduced in Senate

May 26, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S6032)

May 26, 2005

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S6032-6033)

May 26, 2005

Floor Debate

22 members

What members said about S. 1141 on the floor

13 Republicans9 Democrats
John McCain
Sen. John McCainR-AZ · May 26, 2005

Mr. President, I am pleased to join with Senator Lieberman today in introducing an amended version of the Climate Stewardship Act, which we introduced in February. The legislation we submit today…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · May 26, 2005

Mr. President, hate crimes are a violation of everything our country stands for. They send the poisonous message that some Americans deserve to be victimized solely because of who they are. They're…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · May 26, 2005

Mr. President, I rise today to introduce a bill, S. 1156, to extend and enhance a provision in the Internal Revenue Code that gives tax incentives for the production of electricity from renewable…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · May 26, 2005

Mr. President, I rise today to introduce the Medicare Mental Health Copayment Equity Act of 2005 with my colleagues, Senator John Kerry, Senator Gordon Smith, and Senator Susan Collins. Briefly, our…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · May 26, 2005

Mr. President, I rise today with my friend and colleague Senator John McCain to introduce a second version of our Climate Stewardship Act with improvements--the Climate Stewardship AND Innovation Act…

Show 8 more
Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · May 26, 2005

Mr. President, over 50 years ago, Sir Winston Churchill uttered the immortal words, ``never in the field of human conflict has so much been owed by so many to so few.'' Although Prime Minister…

Ron Wyden
Sen. Ron WydenD-OR · May 26, 2005

Madam President, the cost of medicine is a matter of concern to every Senator. Today, Senator Sununu and I have introduced legislation to take a fresh approach to holding down the cost of medicines…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · May 26, 2005

Mr. President, I am introducing legislation that would accelerate the deployment of advanced broadband internet access technologies in rural and underserved regions. This bipartisan legislation is…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · May 26, 2005

Mr. President, I rise to discuss the Dirty Bomb Prevention Act of 2005, which I am introducing today in the Senate, and Congressman Markey is introducing in the House. Since September 11, we have…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · May 26, 2005

Mr. President, in honor of Older Americans' Mental Health Week, I rise today to introduce the Clinical Social Work Medicare Equity Act of 2005. I am proud to sponsor this legislation that will ensure…

Mark L. Pryor
Sen. Mark L. PryorD-AR · May 26, 2005

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…

Mark L. Pryor
Sen. Mark L. PryorD-AR · May 26, 2005

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…

Robert F. Bennett
Sen. Robert F. BennettR-UT · May 26, 2005

Mr. President, I am pleased to be able to re-introduce the Utah Recreational Land Exchange Act of 2005, together with my colleague Senator Hatch. Legislation was introduced in the previous Congress…

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John E. Sununu
Sen. John E. SununuR-NH · May 26, 2005

Madam President, I am pleased to join Senator Wyden in the introduction of this legislation, which is a good-faith effort to try to find that fresh approach Senator Wyden talked about, a fresh…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 26, 2005

Mr. President, I rise today to introduce the Acadia National Park Improvement Act of 2005. This legislation takes important steps to ensure the long-term health of one of America's most beloved…

Norm Coleman
Sen. Norm ColemanR-MN · May 26, 2005

Mr. President, I am pleased today to be introducing the bipartisan Treatment of Children's Deformities Act. I am pleased to be joined by many of my friends and colleagues, including Senators…

Richard G. Lugar
Sen. Richard G. LugarR-IN · May 26, 2005

Mr. President, I rise today to introduce legislation authorizing replenishment of funds to three of the five multilateral development banks, as requested by the U.S. Department of the Treasury. In…

Rick Santorum
Sen. Rick SantorumR-PA · May 26, 2005

Mr. President, I rise today to introduce the Pet Animal Welfare Statute of 2005 (PAWS). The introduction of this important animal welfare legislation demonstrates my continued interest in humane…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · May 26, 2005

Mr. President, as I have done so many times before, I rise today to speak about the need for hate crimes legislation and to introduce the Local Law Enforcement Enhancement Act of 2005. I first…

Sam Brownback
Sen. Sam BrownbackR-KS · May 26, 2005

Mr. President, I rise today to introduce the Commission on the Accountability and Review of Federal Agencies, CARFA, Act with over 20 original cosponsors. This is an important measure that I have…

Barbara Boxer
Sen. Barbara BoxerD-CA · May 26, 2005

Mr. President, in March 2000, I introduced legislation to deal with the high price of gasoline. At the time, the price of gasoline had reached a startlingly high $2.15 per gallon in California.…

Thad Cochran
Sen. Thad CochranR-MS · May 26, 2005

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…

Thad Cochran
Sen. Thad CochranR-MS · May 26, 2005

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…

Larry E. Craig
Sen. Larry E. CraigR-ID · May 26, 2005

Mr. President, I rise today to introduce the Idaho Land Enhancement Act of 2005. Simply put, this legislation directs the Secretaries of Agriculture and Interior to exchange land with the State of…

Bill Text

Latest available legislative text

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Latest
Introduced in SenateIssued May 26, 2005

II

109th CONGRESS

1st Session

S. 1141

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.

Short title

This Act may be cited as the Secure Handling of Ammonium Nitrate Act of 2005.

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.

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.

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.

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.

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).

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.

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.

9.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.