[Congressional Record Volume 153, Number 161 (Tuesday, October 23, 2007)]
[House]
[Pages H11862-H11866]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            SECURE HANDLING OF AMMONIUM NITRATE ACT OF 2007

  Mr. THOMPSON of Mississippi. Madam Speaker, I move to suspend the 
rules and pass the bill (H.R. 1680) to authorize the Secretary of 
Homeland Security to regulate the sale of ammonium nitrate to prevent 
and deter the acquisition of ammonium nitrate by terrorists, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1680

       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 2007''.

     SEC. 2. SECURE HANDLING OF AMMONIUM NITRATE.

       (a) In General.--Title VIII of the Homeland Security Act of 
     2002 (6 U.S.C. 361 et seq.) is amended by adding at the end 
     the following new subtitle:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

     ``SEC. 899A. DEFINITIONS.

       ``In this subtitle, the following definitions apply:
       ``(1) The term `ammonium nitrate' means--
       ``(A) solid ammonium nitrate that is chiefly the ammonium 
     salt of nitric acid and contains not less than 33 percent 
     nitrogen by weight; and
       ``(B) any mixture containing a percentage of ammonium 
     nitrate that is equal to or greater than the percentage 
     determined by the Secretary under section 899B(b).
       ``(2) The term `ammonium nitrate facility' means any entity 
     that produces, sells, or otherwise transfers ownership of, or 
     provides application services for, ammonium nitrate.
       ``(3) The term `ammonium nitrate purchaser' means any 
     person who buys and takes possession of ammonium nitrate from 
     an ammonium nitrate facility.

     ``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM 
                   NITRATE.

       ``(a) In General.--The Secretary shall regulate the sale 
     and transfer of ammonium nitrate by an ammonium nitrate 
     facility in accordance with this subtitle to prevent the 
     misappropriation or use of ammonium nitrate in an act of 
     terrorism.
       ``(b) Ammonium Nitrate Mixtures.--The Secretary, in 
     consultation with the heads of appropriate Federal 
     departments and agencies, including the Secretary of 
     Agriculture, shall, through notice and comment and by no 
     later than 90 days after the date of the enactment of this 
     subtitle, establish a threshold percentage for ammonium 
     nitrate in a substance. If a substance contains a percentage 
     of ammonium nitrate that is equal to or greater than the 
     percentage established by the Secretary, the substance shall 
     be treated as ammonium nitrate for the purposes of this 
     subtitle.
       ``(c) Registration of Owners of Ammonium Nitrate 
     Facilities.--
       ``(1) Registration.--The Secretary shall establish a 
     process by which--
       ``(A) any person who is the owner of an ammonium nitrate 
     facility is required to register with the Department; and
       ``(B) upon such registration, such person is issued a 
     registration number for purposes of this subtitle.
       ``(2)  Registration information.--The Secretary shall 
     require that each applicant for registration as the owner of 
     an ammonium nitrate facility must submit to the Secretary--
       ``(A) the name, address, and telephone number of each 
     ammonium nitrate facility owned by the applicant;
       ``(B) the name of the person designated by the owner of the 
     ammonium nitrate facility as the point of contact of such 
     facility, for purposes of this subtitle;
       ``(C) for each such facility, the amount of ammonium 
     nitrate that is sold or transferred during each year; and
       ``(D) such other information as the Secretary may determine 
     is appropriate.
       ``(d) Registration of Ammonium Nitrate Purchasers.--
       ``(1) Registration.--The Secretary shall establish a 
     process by which--
       ``(A) any person who seeks to be an ammonium nitrate 
     purchaser is required to register with the Department; and
       ``(B) upon such registration, such person is issued a 
     registration number for purposes of this subtitle.
       ``(2)  Registration information.--The Secretary shall 
     require that each applicant for registration under this 
     subsection as a prospective ammonium nitrate purchaser must 
     submit to the Secretary the name, address, and telephone 
     number of the applicant and the intended use of ammonium 
     nitrate to be purchased by the applicant.
       ``(e) Records.--
       ``(1) Maintenance of records.--The Secretary shall require 
     the owner of an ammonium nitrate facility engaged in selling 
     or transferring ammonium nitrate to--
       ``(A) maintain a record of each sale or transfer of 
     ammonium nitrate, during the two-year period beginning on the 
     date of such sale or transfer; and
       ``(B) include in such record the information described in 
     paragraph (2).
       ``(2) Specific information required.--For each such sale or 
     transfer, the Secretary shall require the owner of an 
     ammonium nitrate facility to--
       ``(A) record the name, address, telephone number, and 
     registration number issued under subsection (c) or (d) of 
     each person that takes possession of ammonium nitrate from 
     the owner of an ammonium nitrate facility, in a manner 
     prescribed by the Secretary;
       ``(B) if applicable, record the name, address, and 
     telephone number of each individual who takes possession of 
     the ammonium nitrate on behalf of the person referred to in 
     subparagraph (A), at the point of sale;
       ``(C) record the date and quantity of ammonium nitrate sold 
     or transferred; and
       ``(D) verify the identity of the persons referred to in 
     subparagraphs (A) and (B), as applicable, in accordance with 
     a procedure established by the Secretary.
       ``(3) Protection of information.--In maintaining records in 
     accordance with paragraph (1), the owner of an ammonium 
     nitrate facility shall take reasonable actions to ensure the 
     protection of the information included in such records.
       ``(f) Exemption for Explosive Purposes.--The Secretary may 
     exempt from this subtitle a person producing, selling, or 
     purchasing ammonium nitrate exclusively for use as an 
     explosive material under a license issued under chapter 40 of 
     title 18, United States Code.
       ``(g) Consultation.--In carrying out this section, the 
     Secretary shall consult with the Secretary of Agriculture, 
     States, and appropriate private sector entities, to ensure 
     that the access of agricultural producers to ammonium nitrate 
     is not unduly burdened.
       ``(h) 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), and except as provided in paragraph (2), 
     the Secretary may not disclose to any person any information 
     obtained under this subtitle.
       ``(2) Exception.--The Secretary may disclose any 
     information obtained by the Secretary under this subtitle to 
     an officer or employee of the United States, or a person that 
     has entered into a contract with the United States, who has a 
     need to know the information to perform the duties of the 
     officer, employee, or person, or to a State agency pursuant 
     to section 899D, under appropriate arrangements to ensure the 
     protection of the information.
       ``(i) Registration Procedures and Check of Terrorist Watch 
     List.--
       ``(1) Registration procedures.--
       ``(A) Generally.--The Secretary shall establish procedures 
     to efficiently receive applications for registration numbers 
     under this subtitle, conduct the checks required under 
     paragraph (2), and promptly issue or deny a registration 
     number.
       ``(B) Initial six-month registration period.--The Secretary 
     shall take steps to maximize the number of registration 
     applications that are submitted and processed during the six-
     month period provided for in section 899F(e).
       ``(2) Check of terrorist watch list.--
       ``(A) Check required.--The Secretary shall conduct a check 
     of appropriate identifying information of any person seeking 
     to register with the Department under subsection (c) or (d) 
     against identifying information that appears on the terrorist 
     watch list.
       ``(B) Authority to deny registration number.--If the 
     person's identifying information appears on the terrorist 
     watch list and the Secretary determines such person may pose 
     a threat to national security, the Secretary may deny 
     issuance of a registration number under this subtitle.
       ``(3) Expedited review of applications.--
       ``(A) In general.--Following the six-month period provided 
     for in section 899F(e), the Secretary shall, to the extent 
     practicable, issue or deny registration numbers under this 
     subtitle not later than 72 hours after the time the Secretary 
     receives a complete registration application, unless the 
     Secretary determines, in the interest of national security, 
     that additional time is necessary to review an application.
       ``(B) Notice of application status.--In all cases, the 
     Secretary shall notify persons of the status of their 
     application not later than 72 hours after the time the 
     Secretary receives a complete registration application.
       ``(4) Expedited appeals process.--
       ``(A) Requirement.--
       ``(i) Appeals process.--The Secretary shall establish an 
     expedited appeals process for persons denied a registration 
     number under this subtitle.
       ``(ii) Time period for resolution.--The Secretary shall, to 
     the extent practicable, resolve appeals not later than 72 
     hours after receiving a complete request for appeal unless 
     the Secretary determines, in the interest of national 
     security, that additional time is necessary to resolve an 
     appeal.
       ``(B) Consultation.--The Secretary, in developing the 
     appeals process under subparagraph (A), shall consult with 
     appropriate stakeholders.
       ``(C) Guidance.--The Secretary shall provide guidance 
     regarding the procedures and information required for an 
     appeal under subparagraph (A) to persons denied registration 
     numbers under this subtitle.
       ``(5) Restrictions on use and maintenance of information.--
       ``(A) In general.--Information obtained by the Secretary 
     under this section may not be made available to the public.
       ``(B) Use of certain information.--Any information 
     constituting grounds for denial of a registration number 
     under this section shall be maintained confidentially by the 
     Secretary and may be used only for making determinations 
     under this section. Notwithstanding any other provision of 
     this subtitle, the Secretary may share any such information 
     with Federal, State, local, and tribal law enforcement 
     agencies, as appropriate.

[[Page H11863]]

       ``(6) Registration information.--
       ``(A) Authority to require information.--The Secretary may 
     require a person applying for a registration number under 
     this subtitle to submit such information as may be necessary 
     to carry out the requirements of this section.
       ``(B) Requirement to update information.--The Secretary may 
     require persons issued a registration under this subtitle to 
     update registration information submitted to the Secretary 
     under this subtitle, as appropriate.
       ``(7) Re-checks against terrorist watch list.--
       ``(A) Re-checks.--The Secretary shall, as appropriate, re-
     check persons provided a registration number pursuant to this 
     subtitle against the terrorist watch list, and may revoke 
     such registration number if the Secretary determines such 
     person may pose a threat to national security.
       ``(B) Notice of revocation.--The Secretary shall, as 
     appropriate, provide prior notice to a person whose 
     registration number is revoked under this section and such 
     person shall have an opportunity to appeal, as provided in 
     paragraph (4).

     ``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

       ``The Secretary shall establish a process for the periodic 
     inspection and auditing of the records maintained by owners 
     of ammonium nitrate facilities for the purpose of monitoring 
     compliance with such section or for the purpose of deterring 
     or preventing the misappropriation or use of ammonium nitrate 
     in an act of terrorism.

     ``SEC. 899D. ADMINISTRATIVE PROVISIONS.

       ``(a) Cooperative Agreements.--The Secretary--
       ``(1) may enter into a cooperative agreement with the 
     Secretary of Agriculture, or the head of any State department 
     of agriculture or its designee involved in agricultural 
     regulation, in consultation with the State agency responsible 
     for homeland security, to carry out the provisions of this 
     subtitle; and
       ``(2) wherever possible, shall seek to cooperate with State 
     agencies or their designees that oversee ammonium nitrate 
     facility operations when seeking cooperative agreements to 
     implement the registration and enforcement provisions of this 
     subtitle.
       ``(b) Delegation.--
       ``(1) Authority.--The Secretary may delegate to a State the 
     authority to assist the Secretary in the administration and 
     enforcement of this subtitle.
       ``(2) Delegation required.--At the request of a Governor of 
     a State, the Secretary shall delegate to the State the 
     authority to carry out functions under sections 899B and 
     899C, if the Secretary determines that the State is capable 
     of satisfactorily carrying out such functions.
       ``(3) Funding.--Subject to the availability of 
     appropriations, 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 
     sufficient funds to carry out the delegated functions.
       ``(c) Provision of Guidance and Notification Materials to 
     Ammonium Nitrate Facilities.--
       ``(1) Guidance.--The Secretary shall make available to each 
     owner of an ammonium nitrate facility registered under 
     section 899B(c)(1) guidance on--
       ``(A) the identification of suspicious ammonium nitrate 
     purchases or transfers or attempted purchases or transfers;
       ``(B) the appropriate course of action to be taken by the 
     ammonium nitrate facility owner with respect to such a 
     purchase or transfer or attempted purchase or transfer, 
     including--
       ``(i) exercising the right of the owner of the ammonium 
     nitrate facility to decline sale of ammonium nitrate; and
       ``(ii) notifying appropriate law enforcement entities; and
       ``(C) any such additional subjects as the Secretary 
     determines are appropriate to prevent the misappropriation or 
     use of ammonium nitrate in an act of terrorism.
       ``(2) Use of materials and programs.--In providing guidance 
     under this subsection, the Secretary shall, to the extent 
     practicable, leverage any relevant materials and programs.
       ``(3) Notification materials.--
       ``(A) In general.--The Secretary shall make available 
     materials suitable for posting at ammonium nitrate facilities 
     where ammonium nitrate is sold.
       ``(B) Design of materials.--Such materials shall be 
     designed to notify prospective ammonium nitrate purchasers 
     of--
       ``(i) the record-keeping requirements under section 899B; 
     and
       ``(ii) the penalties for violating such requirements.

     ``SEC. 899E. THEFT REPORTING REQUIREMENT.

       ``Any person who is required to comply with section 899B(e) 
     who has knowledge of the theft or unexplained loss of 
     ammonium nitrate shall report such theft or loss to the 
     appropriate Federal law enforcement authorities within one 
     calendar day of the date on which the person becomes aware of 
     such theft or loss. Upon receipt of such report, the relevant 
     Federal authorities shall inform State, local, and tribal law 
     enforcement entities as appropriate.

     ``SEC. 899F. PROHIBITIONS AND PENALTY.

       ``(a) Prohibitions.--
       ``(1) Taking possession.--No person shall take possession 
     of ammonium nitrate from an ammonium nitrate facility unless 
     such person is registered under subsection (c) or (d) of 
     section 899B, or is an agent of a person registered under 
     subsection (c) or (d) of that section.
       ``(2) Transferring possession.--An owner of an ammonium 
     nitrate facility shall not transfer possession of ammonium 
     nitrate from the ammonium nitrate facility to any person who 
     is not registered under subsection (c) or (d) of section 
     899B, unless such person is an agent of a person registered 
     under subsection (c) or (d) of that section.
       ``(3) Other prohibitions.--No person shall--
       ``(A) buy and take possession of ammonium nitrate without a 
     registration number required under subsection (c) or (d) of 
     section 899B;
       ``(B) own or operate an ammonium nitrate facility without a 
     registration number required under section 899B(c); or
       ``(C) fail to comply with any requirement or violate any 
     other prohibition under this subtitle.
       ``(b) Prohibitions.--No person shall--
       ``(1) buy and take possession of ammonium nitrate without a 
     registration number required under subsection (c) or (d) of 
     section 899B;
       ``(2) own or operate an ammonium nitrate facility without a 
     registration number required under section 899B(c); or
       ``(3) fail to comply with any requirement or violate any 
     other prohibition under this subtitle.
       ``(c) Civil Penalty.--A person that violates this subtitle 
     may be assessed a civil penalty by the Secretary of not more 
     than $50,000 per violation.
       ``(d) Penalty Considerations.--In determining the amount of 
     a civil penalty under this section, the Secretary shall 
     consider--
       ``(1) the nature and circumstances of the violation;
       ``(2) with respect to the person who commits the violation, 
     any history of prior violations, the ability to pay the 
     penalty, and any effect the penalty is likely to have on the 
     ability of such person to do business; and
       ``(3) any other matter that the Secretary determines that 
     justice requires.
       ``(e) Notice and Opportunity for a Hearing.--No civil 
     penalty may be assessed under this subtitle unless the person 
     liable for the penalty has been given notice and an 
     opportunity for a hearing on the violation for which the 
     penalty is to be assessed in the county, parish, or 
     incorporated city of residence of that person.
       ``(f) Delay in Application of Prohibition.--Paragraphs (1) 
     and (2) of subsection (a) shall apply beginning 6 months 
     after the issuance by the Secretary of a final rule 
     implementing this subtitle.

     ``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

       ``(a) In General.--Notwithstanding any other provision of 
     law, an owner of an ammonium nitrate facility who in good 
     faith refuses to sell or transfer ammonium nitrate to any 
     person, or who in good faith discloses to the Department or 
     to appropriate law enforcement authorities an actual or 
     attempted purchase or transfer, based upon a reasonable 
     belief that the person seeking purchase or transfer of 
     ammonium nitrate may use the ammonium nitrate to create an 
     explosive device to be employed in an act of terrorism (as 
     defined in section 3077 of title 18, United States Code), or 
     to use ammonium nitrate for any other unlawful purpose, shall 
     be immune from civil liability arising from that refusal to 
     sell ammonium nitrate or from making that disclosure.
       ``(b) Limitation.--Subsection (a) shall not be construed to 
     apply with respect to any refusal to sell or disclosure--
       ``(1) that violates--
       ``(A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq); or
       ``(B) the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.); or
       ``(2) made on the basis that the person seeking purchase or 
     transfer of ammonium nitrate is a veteran or member of the 
     armed forces of the United States.

     ``SEC. 899H. PREEMPTION OF OTHER LAWS.

       ``(a) Other Federal Regulations.--Except as provided in 
     section 899G, nothing in this subtitle affects any regulation 
     issued by any agency other than an agency of the Department.
       ``(b) State Law.--Subject to section 899G, this subtitle 
     preempts the laws of any State to the extent that such laws 
     are inconsistent with this subtitle, except that this 
     subtitle shall not preempt any State law that provides 
     additional protection against the acquisition of ammonium 
     nitrate by terrorists or the use of ammonium nitrate in 
     explosives in acts of terrorism or for other illicit 
     purposes, as determined by the Secretary.

     ``SEC. 899I. DEADLINES FOR REGULATIONS.

       ``The Secretary--
       ``(1) shall issue a proposed rule implementing this 
     subtitle within six months after the date of the enactment of 
     this subtitle; and
       ``(2) issue a final rule implementing this subtitle within 
     one year after such date of enactment.

     ``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Secretary 
     such sums as may be necessary to carry out this subtitle for 
     fiscal years 2007 through 2011.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end of the items 
     relating to title VIII the following new items:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Mississippi (Mr. Thompson) and the gentleman from California (Mr. 
Daniel E. Lungren) each will control 20 minutes.

[[Page H11864]]

  The Chair recognizes the gentleman from Mississippi.


                             General Leave

  Mr. THOMPSON of Mississippi. Madam Speaker, I ask unanimous consent 
that all Members have 5 legislative days within which to revise and 
extend their remarks on this bill and include therein any extraneous 
material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  Mr. THOMPSON of Mississippi. Madam Speaker, I yield myself such time 
as I may consume.
  Madam Speaker, I rise in strong support of H.R. 1680, the Secure 
Handling of Ammonium Nitrate Act of 2007.
  The committee has worked vigilantly to get this bill to where it is 
today. In fact, we've been working on this bill in a bipartisan way for 
two Congresses now.
  We all know the devastating impact that fertilizer bombs can have. 
Over 12 years ago, domestic terrorists used an ammonium nitrate-based 
bomb to blow up the Murrah Federal Building in Oklahoma City. That 
blast had a force equal to that of 4,000 pounds of TNT. It killed 168 
people.
  Since that time, ammonium nitrate-based bombs have repeatedly been 
used throughout the world. In 2002, a group linked to al Qaeda 
detonated a bomb outside a night club in Bali, Indonesia, killing 202 
people. In 2003, an al Qaeda cell in Istanbul killed 57 people in two 
separate explosions. Last year, Canadian authorities arrested 17 people 
in Toronto for plotting to attack targets with ammonium nitrate-based 
bombs.
  This threat is real, Madam Speaker. To do nothing about it is 
unacceptable. However, I have always believed that we must act in a 
thoughtful manner that recognizes the importance of ammonium nitrate in 
our agricultural sector.
  I am proud of the work that the Committee on Homeland Security has 
done. The committee has worked hard to ensure that H.R. 1680 strikes 
the right balance between ensuring access to ammonium nitrate for 
farmers and making it difficult for terrorists to obtain.
  Specifically, this bill directs DHS, in consultation with State 
agricultural authorities, to create a registry of facilities that 
manufacture and sell ammonium nitrate. H.R. 1680 requires the sales of 
ammonium nitrate to be limited to purchasers who register in advance 
and that the name, address, telephone number and registration number of 
the purchaser be recorded.
  The tracking and registration functions are not new phenomena. The 
agriculture and fertilizer industry and some States have been engaged 
in voluntary programs to monitor sale of ammonium nitrate for some 
time. In fact, Madam Speaker, a handful of States, including New York, 
California, New Jersey, Nevada, Oklahoma, Missouri, South Carolina, 
Maryland, Michigan, and Iowa have enacted laws regulating the sale of 
ammonium nitrate-based fertilizer.
  The time has come to put Federal rules in place to ensure that 
terrorists cannot cross State lines to buy ammonium nitrate without 
being registered or checked against the terrorist watch list.
  Madam Speaker, I am proud to say that our committee has worked 
collaboratively with industry stakeholders in the agriculture industry 
on this legislation. We consulted State and local farm bureaus, 
fertilizer manufacturers and retail outlets, and mining and explosive 
makers. It is reassuring to know that we can all come together to come 
up with a reasonable approach to regulating ammonium nitrate.
  I have somewhat of a vested interest in getting this right, Madam 
Speaker. There is an ammonium nitrate plant in my district. The Terra 
Yazoo City plant has been in operation for more than 50 years. The 
Terra plant is a major economic engine in our local economy, providing 
good-paying jobs and stable jobs for the community.
  The Terra facility and many others like it across the country are 
committed to safeguarding ammonium nitrate, but they cannot do it 
alone. The Federal Government needs to show some leadership here. That 
is why H.R. 1680 directs DHS to take the lead in coming up with an 
approach to registering ammonium nitrate purchases.
  I am pleased that through this bipartisan effort we've been able to 
come up with an approach to tighten control of ammonium nitrate, yet 
allow it to remain accessible for crop nutrition purposes.
  This legislation is another of our ongoing homeland security efforts 
at preventing a future terrorist attack on our Nation.
  I would like to thank subcommittee Chairman Langevin, Ranking Member 
King, and others, for their leadership on this critical issue. Each has 
put their mark on the bill through the committee process. Their 
efforts, without question, made this a better bill.
  I urge my colleagues to join me in supporting H.R. 1680.
  Madam Speaker, I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Madam Speaker, I yield myself 
such time as I may consume.
  Madam Speaker, a vote on this legislation is long overdue. The need 
to regulate ammonium nitrate has been evident since the bombing of the 
Alfred Murrah building in 1995. This legislation is needed to protect 
Americans from those who seek to utilize this dangerous chemical in 
terrorist attacks. But as the chairman said, we must balance this 
threat to our Nation's security with the need for ammonium nitrate to 
remain accessible because it is a highly effective agricultural 
fertilizer and has other legitimate uses in industries like mining.
  The legislation before us creates a system of regulation so that 
ammonium nitrate is available for legitimate use, but does not fall 
into terrorist hands; a system that keeps us safe, but does not burden 
farmers. I believe this legislation strikes that balance.
  We originally took up this legislation in the 109th Congress and we 
approved it in the Committee on Homeland Security. But the 109th 
Congress ended before this legislation could be considered on the House 
floor, so I'm happy to see this legislation before us again in the 
110th Congress. And I thank the chairman for bringing it to us at this 
time.
  H.R. 1680 is a bipartisan bill. We worked with our colleagues across 
the aisle to strengthen the prevention of terrorism component of this 
bill by insisting on a registration requirement for those who purchase 
ammonium nitrate rather than just those who sell it.
  We were happy to see the committee accept three Republican amendments 
to this bill. I introduced an amendment which requires the Department 
of Homeland Security to check the name of applicants for ammonium 
nitrate registration numbers against terrorist watch lists. This will 
prevent suspected terrorists from acquiring this deadly material and 
will alert law enforcement authorities of potential plots under way.
  Other Republican amendments provide civil liability protection for 
the sellers of ammonium nitrate in the event they refuse to sell 
ammonium nitrate to suspect purchasers or make reports to law 
enforcement about suspect purchasers. No seller of ammonium nitrate 
should be afraid to deny sale of this dangerous material out of fear of 
legal action.
  Ammonium nitrate is a legitimate chemical used to fertilize our 
crops; but its availability, accessibility, ease of bomb-making, cost, 
and history of prior use make it an obvious material for large 
explosives that could be employed in terrorist attacks.
  We need only to look back in recent history to understand that 
ammonium nitrate can be the terrorist tool of choice: the al Qaeda 
bombings of U.S. embassies in Kenya and Tanzania in 1998; in November 
2003 scores of individuals killed when terrorists detonated ammonium 
nitrate bombs in Istanbul; in March 2005 British anti-terror police 
seized a half ton of ammonium nitrate from suspects accused of being 
affiliated with Islamic terrorists; later that month, over 3,000 pounds 
of ammonium nitrate was stolen by armed terrorists in Thailand; the 
arrests last summer, June 2006, of 17 people in Canada on charges that 
they were planning on using ammonium nitrate to make an extremely 
powerful bomb.

                              {time}  1200

  Al Qaeda has an Internet hit on how to make ammonium nitrate bombs. 
An ABC News team last fall demonstrated

[[Page H11865]]

how easy it might be to acquire ammonium nitrate. With just $300, ABC 
interns managed to purchase 1,000 pounds of ammonium nitrate in 2 days 
in farm supply stores from North Carolina to the District of Columbia. 
No one questioned why they needed ammonium nitrate. No one asked for 
their identification. That ammonium nitrate was stored in a public 
storage facility just a few miles from where we stand today.
  These events have demonstrated vulnerabilities that put us in the 
crosshairs of terrorist sights right where we live, work and travel. 
Here in the U.S., a few of our States, including California, have 
already begun to implement laws to secure the handling of ammonium 
nitrate. The chemical and farming industry developed important 
protections in their respective industries to keep this substance out 
of the hands of terrorists.
  These are important efforts, but it creates a patchwork where all a 
terrorist has to do to build a ammonium nitrate bomb is to travel from 
New York to Pennsylvania to acquire it. Congress needs to step in to 
set a national policy. This legislation does just that. It sets a floor 
across the Nation so that ammonium nitrate is used as intended, that 
is, to grow our Nation's crops, not to create the next Oklahoma City 
bombing. We believe fair and proportionate regulations will allow 
ammonium nitrate to continue to be available to legitimate users who 
are not a security concern while at the same time preventing and 
deterring its acquisition by those who wish to do us harm.
  By supporting H.R. 1680, we will take another step in upholding our 
responsibility to protect the lives and livelihood of our American 
citizenry.
  And with that, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 3 minutes to the 
gentleman from Colorado (Mr. Perlmutter), a distinguished member of our 
committee.
  Mr. PERLMUTTER. Thank you, Mr. Chairman.
  Mr. Speaker, I rise today in strong support of House bill 1680, the 
Secure Handling of Ammonium Nitrate Act. On many of the 728 farms in my 
district and those throughout the country, hardworking farmers rely on 
ammonium nitrate as a trusted fertilizer that can produce more 
nutrients than natural fertilizers, but by its very chemical nature, 
ammonium nitrate is also a substance that, if mixed with certain fuels, 
can be used as a powerful explosive. The Oklahoma City bombing of 1995 
is perhaps the most notable and frightening example of ammonium 
nitrate's potential. Therefore, we must do all we can to prevent 
criminals and murderers from obtaining this legal substance while 
maintaining easy access for our Nation's farmers.
  The Secure Handling of Ammonium Nitrate Act creates a national 
registry to monitor the purchase and sale of ammonium nitrate. It 
further matches the names of applying farmers against the terrorist 
screening database so we can keep ammonium nitrate out of terrorists' 
hands. In particular, I am pleased to have worked with Mr. Lungren and 
with others throughout the committee to craft an expedited appeals 
process for farmers who have been adversely affected by the name check 
process. The Department of Homeland Security must either approve or 
deny an application within 3 days. If someone is denied a registration 
number under the program, they may appeal and get a resolution from the 
government within 3 days. The provision ensures that farmers who are 
misidentified do not jeopardize their livelihoods due to a governmental 
mistake. This is a commonsense bill that guaranties that ammonium 
nitrate in our country is being used for legitimate agricultural 
purposes and not for harm.
  Mr. Speaker, I urge my colleagues to adopt this bill.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield 3 minutes 
to the distinguished gentleman from Pennsylvania (Mr. Dent), a member 
of the Homeland Security Committee.
  Mr. DENT. Mr. Speaker, if there is an example of how legislation 
should be crafted, the Secure Handling of Ammonium Nitrate Act of 2007 
is it. This is a great bill that will help to improve our homeland 
security. And if it should succeed on the floor today, its passage will 
be a tribute to the spirit of bipartisanship that is alive and well in 
the Homeland Security Committee and that has been carefully cultivated 
under the leadership of that committee's chairman, the gentleman from 
Mississippi (Mr. Thompson), its ranking member (Mr. King), and 
certainly Mr. Lungren, to my immediate left, who have all worked very 
hard to work in that bipartisan environment on the committee.
  The bill started out in the 109th Congress where it was introduced by 
former Congressman Curt Weldon of Pennsylvania. Unfortunately, while it 
passed in the Homeland Security Committee, it was never addressed in 
the full House. Fortunately, in 2007, Chairman Thompson recognized the 
importance of this legislation and helped revive the bill in the new 
Congress. Both sides worked together to make sure that the bill 
accomplished its objective, to keep ammonium nitrate out of the hands 
of Timothy McVeighs and other would-be terrorists of the world while 
making sure that legitimate end users of the substance in agricultural 
production were not inconvenienced. An en bloc amendment offered by 
Chairman Thompson, for example, removed the requirement that farmers 
and others register with the Department of Homeland Security so long as 
they never come into possession of the ammonium nitrate.
  In addition to protecting the rights of legitimate end users, the 
chairman also helped make sure that the final legislative product had 
input from both sides of the aisle. Three key Republican amendments 
were added to the bill during committee markup as a result. First, 
offered by my colleague from California (Mr. Lungren), directed 
applications by those seeking to distribute or utilize ammonium nitrate 
be checked against a terror watch list with an expedited appeals 
process to handle any cases of mistaken hits. Ranking Member King also 
offered an amendment that would protect legitimate distributors of 
ammonium nitrate if they act in good faith when they refuse to sell to 
a suspicious purchaser or if they notify the department of that would-
be purchaser's suspicious behavior. Finally, Congresswoman Brown-Waite 
offered an amendment that would help to streamline record-keeping 
requirements for agricultural retail outlets. These amendments have all 
served to strengthen the bill.
  The need for this legislation is clear. Ammonium nitrate has been the 
explosive material of choice in a number of acts and attempted acts of 
terrorism, including the 1995 bombing of the Murrah Federal Building in 
Oklahoma City which killed 168 innocent men, women and children. The 
1998 attacks on the U.S. Embassies in Kenya and Tanzania, the Toronto-
based bomb plot thwarted by the Royal Canadian Mounted Police in June 
2006, of course, most recently, the attempts by a terrorist group in 
London to detonate explosive charges throughout the United Kingdom.
  I hope the House will see fit to join me in supporting this effective 
legislation. It is a very bipartisan piece of legislation. Again, I 
would like to thank my colleague from California for yielding me this 
time and thank him for his leadership on this issue.
  Mr. THOMPSON of Mississippi. Mr. Speaker, at this time, I do not have 
any additional requests for speakers, and I am prepared to close.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, let me just use the 
balance of my time to say that I thank the chairman for the work he has 
done on bringing this to the floor at this time so we can complete 
action with the Senate and get it to the President's desk to be signed. 
I would also like to mention the ranking member of the full committee 
(Mr. King) who could not be here because he is still returning from the 
funeral for his mother who passed away this past week. Mr. King has 
done tremendous work on this, particularly the amendment for liability 
protection for the sellers of ammonium nitrate if they act in good 
faith to protect the American people. Mr. King has done yeoman work in 
this regard to this and other bills. I hope that we would recognize 
that at this time.
  Again, Mr. Speaker, this is an example of a bipartisan approach to an 
issue that affects all Americans, Democrat, Republican, independent, 
whatever. It

[[Page H11866]]

is of the utmost importance. And once again, I thank all the members, 
Democrat and Republican, who worked on this, and I thank my chairman 
for bringing this to the floor and allowing us to vote on this time. I 
would ask for Members to have full support for this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, as DHS Secretary Michael 
Chertoff recently said, improvised explosive devices are the weapon of 
choice for terrorists. And when it comes to making an improvised bomb, 
regrettably, ammonium nitrate seems to be an easy access to use. That 
is why I authored the Secure Handling of Ammonium Nitrate Act. It will 
put safeguards in place to keep ammonium nitrate out of the hands of 
terrorists while ensuring that farmers can still access it. Ammonium 
nitrate fertilizer is a popular fertilizer because it is relatively 
inexpensive and highly effective.
  In 2005 alone, 1.4 million short tons of ammonium nitrate fertilizer 
was used to direct application to farmers' fields. Passage of H.R. 1680 
will ensure that ammonium nitrate will remain available to those who 
need to access it for proper purposes. At the same time, passage of 
this bill is an important step toward ensuring that our Nation is more 
secure against the threat of improvised explosive devices.
  I, too, would like to acknowledge the work of the minority committee 
as well as Colleen O'Keefe, who will be leaving the committee today. 
Karis Gutter on this side, has worked on the majority side on the 
committee, and I would like to acknowledge both of them. At an earlier 
comment, I referred to Ranking Member King's unfortunate tragedy in his 
family and why he was not here. So I would like to join with the 
comments of Mr. Lungren in that respect.
  Mr. Speaker, I urge my colleagues to join me in passing this critical 
homeland security legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in strong support of 
H.R. 1680, legislation critical to securing our nation against further 
acts of terrorism. I am proud to co-sponsor this legislation, which I 
believe effectively balances necessary measures to provide additional 
security with the need to protect our agricultural industry .
  On September 11th, 2001, our enemies demonstrated their ability to 
use everyday objects as deadly weapons. Ammonium nitrate is a product 
of great use to our nation's agricultural sectors, but, in the hands of 
terrorists, could cause America great harm. Like the airplanes flown 
into buildings, fertilizer bombs have been used to deadly effect, 
beginning infamously with the 1995 Oklahoma City bombing. We need to 
balance these very real security concerns against the vital value of 
ammonium nitrate fertilizer to the U.S. plant food industry, its many 
local retail agribusiness outlets, and the farmers and livestock 
producers they serve.
  Ammonium nitrate fertilizes our nation's crops, and it helps the 
American economy grow. It provides a relatively inexpensive source of 
the nitrogen required to grow crops, and it has economic, agronomic, 
and environmental benefits to the entire society. It can also, however, 
be used to create explosive devices, as demonstrated by the Oklahoma 
City bombing as well as by subsequent terrorist plots in 2000, 2002, 
2003, and 2004.
  According to a 1998 National Research Council report, ``Containing 
the Threat From Illegal Bombings,'' short of a method of neutralizing 
the explosive properties of ammonium nitrate, which we do not yet have, 
commercial controls and regulatory action ``offer the best means of 
reducing the threat from illegal bombings.''
  H.R. 1680 will require the creation of these controls and 
regulations. This bill will provide the Department of Homeland Security 
with the authority to develop a nationally consistent, effective, and 
integrated approach to control access to ammonium nitrate, and it will 
require the Department to develop a regulatory system aimed at keeping 
these fertilizers away from those who would use it to threaten our 
nation. Under the provisions of this legislation, the Department of 
Homeland Security will register all producers, sellers, and purchasers 
of ammonium nitrate, and those who purchase and take custody of this 
product will be required to provide their names, addresses, and 
telephone numbers to the Department. All of these individuals will be 
accountable for any ammonium nitrate they take possession of.
  In addition, this legislation will require producers and sellers to 
maintain records of all sales and transfers for at least three years. 
Sellers will have the right to refuse sale to prevent misappropriation 
of this potentially dangerous substance, and they will be provided with 
guidance on identifying suspicious activity, as well as how to alert 
law enforcement officials to such behavior. Additionally, producers and 
sellers will be required to report any loss or theft to law enforcement 
within 24 hours.
  This legislation also provides further means for enforcement, 
establishing a process for the Department to track, monitor, and audit 
the ammonium nitrate records. Under the provisions of this bill, 
enforcement may be delegated to States where cooperative agreements and 
sufficient funding exist. To punish violations, the Department may levy 
civil fines of up to $50,000. This legislation does not preempt or 
alter any State statute providing additional protection against 
ammonium nitrate falling into the hands of terrorists.
  Yet in our counterterrorism efforts we should not lose sight of the 
need to protect the American farmer, especially small farmers 
struggling to make ends meet on the family farm. Ammonium nitrate is an 
essential tool they use to sustain themselves and their families and 
those essential needs should not be overlooked. Our counter-terrorism 
efforts should not be detrimental to the continued availability of 
ammonium nitrate fertilizer to U.S. farmers, endangering their way of 
life and threatening their livelihoods.
  H.R. 1680 offers an opportunity to strengthen our defenses against 
the threat of terrorism without placing an extraordinary burden on 
industry. This legislation has the support of The Fertilizer Institute, 
an industry group representing most fertilizer producers.
  Mr. Speaker, as our nation's leaders, it is our responsibility to be 
proactive, and to make every effort to remain several steps ahead of 
any who might attack our country. This bill is an opportunity to do 
just that, to not wait for another devastating attack to address what 
we already recognize to be a serious security threat. I strongly 
support this legislation, and I urge my colleagues to do likewise.
  The SPEAKER pro tempore (Mr. Capuano). The question is on the motion 
offered by the gentleman from Mississippi (Mr. Thompson) that the House 
suspend the rules and pass the bill, H.R. 1680, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to authorize the 
Secretary of Homeland Security to regulate the sale of ammonium nitrate 
to prevent and deter the acquisition of ammonium nitrate by terrorists, 
and for other purposes.''.
  A motion to reconsider was laid on the table.

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