[Congressional Record Volume 153, Number 162 (Wednesday, October 24, 2007)]
[Extensions of Remarks]
[Pages E2222-E2223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  IN SUPPORT OF H.R. 1680, SECURE HANDLING OF AMMONIUM NITRATE ACT OF 
                                  2007

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON-LEE

                                of texas

                    in the house of representatives

                       Tuesday, October 23, 2007

  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 cosponsor this legislation, which I 
believe effectively balances necessary measures to provide additional 
security with the need to protect our agricultural industry.
  On September 11, 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

[[Page E2223]]

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 and minority 
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 
counterterrorism 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.

                          ____________________