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DAILY BRIEFING December 15, 2005

Panel approves bill creating fertilizer registry at DHS By Alyson Klein, CongressDaily

A Homeland Security Prevention of Nuclear and Biological Attacks Subcommittee Wednesday approved a bill that would regulate production and sale of ammonium nitrate, which is typically used by farmers as a fertilizer, but could be used to create a bomb.

The bill sponsored by Rep. Curt Weldon, R-Pa., and Homeland Security ranking member Bennie Thompson, D-Miss., cleared the panel on a 9-0 roll call vote.

Ammonium nitrate was used in the 1995 bombing of the federal building in Oklahoma City in 1995.

The measure calls for any individual who produces, sells or buys ammonium nitrate to register with the Homeland Security Department.

Prevention of Nuclear and Biological Attacks Subcommittee Chairman John Linder, R-Ga., introduced a substitute amendment, accepted on voice vote, that added record-keeping requirements, including requiring sellers to record the purchaser's drivers' license number or other photo-identification and the amount of ammonium nitrate purchased. Sellers would have to keep these records for at least three years.

The legislation calls for the Homeland Security Secretary to monitor and audit the records periodically. Purchasers, producers or sellers found to be in violation would be fined up to $50,000 per violation.

Although the legislation does not authorize new appropriations, it would allow DHS to give states as much money as necessary to enforce the law, a subcommittee aide said.

To address the concerns of some agricultural organizations, Linder's substitute added a provision clarifying that DHS should work with state officials as much as possible when enforcing the law and that state regulators could conduct the audits during the course of other inspections of fertilizer facilities.

In a hearing on the legislation prior to the markup, Gary Black, president of the Georgia Agribusiness Council, said that while he supported the bill, he "would prefer that the states maintain the inspection authority since state inspectors already perform duties designed to ensure the integrity and quality of fertilizer products."

Linder said before the markup that the clarifying language had been added in the substitute to assuage concerns raised by Black and others that the bill would impose more burdens on farmers.

Linder said is not sure when the full committee or the House will vote on the bill, but he expects it to be "soon." He said it is possible the full committee would approve the measure by voice vote as soon as Thursday.

A similar measure has been introduced in the Senate by Appropriations Chairman Thad Cochran, R-Miss. It was referred to the Senate Homeland Security and Governmental Affairs Committee in May but has not been marked up.