[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
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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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