Highlights
– Congress passed legislation designed to regulate the sale of ammonium nitrate
– Bombs containing ammonium nitrate have been used in terrorist attacks around the world
– Some officials have expressed concern that the new law is not strict enough to reduce the threat from the chemical
In late December 2007, the US Congress passed legislation designed to regulate the sale of ammonium nitrate, a common fertilizer that can easily be purchased at farm supply stores and other gardening retailers around the country. The legislation resulted from the potential of ammonium nitrate to also be used to construct bombs. As such, the Secure Handling of Ammonium Nitrate Act of 2007 was signed into law as part of an appropriation bill.
Prior to the passage of the act, federal licenses were required to buy dynamite, TNT, and certain mixtures of ammonium nitrate and fuel oil, however licenses were not necessary for raw ammonium nitrate. The new regulations will require licenses for ammonium nitrate facilities and registration for anyone purchasing the material. The rules also establish a framework for determining the amount of chemicals that will be subject to restrictions. However, many specific details were left for federal officials, specifically the Department of Homeland Security (DHS), to determine at a later date.
While the new legislation can be considered a step in the right direction, further measures are likely needed to place additional restrictions on the substance as extremists have long used the chemical in attacks.
Ammonium Nitrate Commonly Used in Terrorist Attacks
Ammonium nitrate is often mixed with diesel fuel to form a type of improvised explosive device—commonly referred to as a fertilizer bomb—that can have a little over half the power of dynamite. Bombs containing ammonium nitrate, which do not require a high level of expertise to construct, have been used in numerous terrorist attacks (including several major strikes) and attempted plots around the world, including those against US interests, such as:
– April 2004: US officials warned that they had received unsubstantiated intelligence indicating a potential attack by extremists on public transportation systems using ammonium nitrate bombs.
– August 1998: Ammonium nitrate (and fuel oil) were found at the scene of the bombing of the US Embassy in Nairobi, Kenya, which killed 291 people and wounded another 5000 .
– April 1995: The attack on the Alfred P. Murrah Federal Building in Oklahoma City used a truck bomb laden with approximately 4,800 pounds of ammonium nitrate .
Clear Need for Tougher Regulations
Prior to the passage of the 2007 Act relating to ammonium nitrate, security officials and other experts maintained that there was a clear need for stricter regulations regarding the sale of the chemical, as it is widely available throughout the country. The European Union (EU) and many other countries had already banned or placed restrictions on the purchase and use of ammonium nitrate.
While the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the fertilizer industry began to encourage sellers of the chemical in 2004 to track sales and ask buyers for identification, Congress did not push for federal requirements largely due to pressure from agricultural states that restrictions would inconvenience farmers.
However, an investigation by ABC News in September 2006 documented an undercover team purchasing 1,000 pounds of ammonium nitrate (for under US$300) without providing identification, and then storing the material in a location a few miles away from the White House.
Controls Still Lacking
Some counter-terror officials and those among the federal law enforcement community have expressed concern that the new legislation is not strict enough to adequately reduce the threat from ammonium nitrate. Specifically, the new law is weaker than similar controls on the chemical in the United Kingdom, Germany, and Australia, among others.
Additionally, there were several last-minute changes to the legislation that have left details of the measures unclear. For example, originally the bill would have restricted the sale of ammonium nitrate containing 33 percent or more nitrogen, however this provision was scrapped and it is now up to DHS to decide what threshold to use. Some tests by the Defense Department have shown that the fertilizer can be detonated with as little as 10 to 25 percent of nitrogen.
Other officials have expressed concern that the legislation divides jurisdiction over explosives between DHS and the ATF.
Regardless, as government statistics have shown that approximately eight billion pounds of the chemical are used in the US every year, the legislation is an important step to assist in securing the use of the substance. However, as terrorists have long used ammonium nitrate in explosive devices, it is likely that they will continue to do so and work to evade restrictions.
