I 

108TH CONGRESS 

2D SESSION H. R. 5162

To provide for the safe and secure storage of explosive materials by State 

and local law enforcement agencies. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2004

Mr. SHAYS (for himself, Mr. LANTOS, and Ms. ESHOO) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL

To provide for the safe and secure storage of explosive 

materials by State and local law enforcement agencies.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SAFE AND SECURE STORAGE OF EXPLOSIVE 

4 MATERIALS BY STATE AND LOCAL LAW EN5 FORCEMENT AGENCIES. 

6 (a) REPORTS ON LOCATIONS, TYPES, AND AMOUNTS

7 OF STORED EXPLOSIVE MATERIALS.—

8 (1) INITIAL REPORTS.—Within 6 months after 

9 the date of the enactment of this Act, each State 

10 shall submit to the Attorney General a written re-
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1 port that specifies each location at which any law 

2 enforcement agency operating under State law stores 

3 or keeps explosive materials that have been shipped 

4 or transported in interstate or foreign commerce, 

5 and the types and amounts of such materials stored 

6 or kept at the location. 

7 (2) SUBSEQUENT REPORTS.—At such times as 

8 the Attorney General shall provide in regulations, 

9 each State shall submit to the Attorney General a 

10 written report that updates the most recent report 

11 submitted by the agency pursuant to this subsection. 

12 (b) REGULATIONS GOVERNING STORAGE OF EXPLO13 SIVE MATERIALS.—Within 6 months after the date of the 

14 enactment of this Act, the Attorney General shall pre15 scribe final regulations governing the storage and keeping 

16 by State and local law enforcement agencies of explosive 

17 materials that have been shipped or transported in inter18 state or foreign commerce. The regulations shall set forth 

19 the standards of public safety and security against theft 

20 which any place at which explosive materials that have 

21 been shipped or transported in interstate or foreign com22 merce are so stored or kept shall meet, and shall, at a 

23 minimum, require any such place to be subject to video 

24 surveillance or to have in operation an alarm system capa25 ble of notifying the agency of unauthorized entry. 
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1 (c) INSPECTION AUTHORITY.—The Attorney General 

2 may enter during business hours any place where a State 

3 or local law enforcement agency stores or keeps explosive 

4 materials that have been shipped or transported in inter5 state or foreign commerce, for the purpose of inspecting 

6 the explosive materials and determining whether the mate7 rials are being stored or kept in compliance with the regu8 lations prescribed under subsection (b). 

9 (d) AUTHORITY TO IMPOSE PENALTY FOR NON10 COMPLIANCE.—

11 (1) AUTHORITY TO REDUCE GRANTS.—If a 

12 State or local law enforcement agency fails to com13 ply with this section or any regulation prescribed 

14 under this section, the Attorney General may reduce 

15 by 10 percent the funds that the agency would oth16 erwise receive, or would otherwise be allocated, 

17 under any grant program of the Department of Jus18 tice. 

19 (2) REALLOCATION OF FUNDS.—Any funds 

20 that are not allocated to a State or local law enforce21 ment agency by reason of paragraph (1) shall be re22 allocated to other State or local law enforcement 

23 agencies whose grants are not reduced by reason of 

24 paragraph (1). 
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1 SEC. 2. MATCHING GRANTS. 

2 (a) APPLICATION.—A State or local law enforcement 

3 agency may submit to the Attorney General an application 

4 for a grant under this section, which shall contain—

5 (1) a good faith estimate of the total amount 

6 the agency will need to expend to comply with the 

7 regulations prescribed under section 1(b); and 

8 (2) a certification that the agency has obtained 

9 commitments to receive from State or local sources 

sums totalling not less than 1 10 ⁄2 of the amount re11 ferred to in paragraph (1), and will expend the sums 

12 to achieve such compliance. 

13 (b) GRANT AUTHORITY.—The Attorney General may 

14 make a grant under this section to an applicant therefor 

15 if—

16 (1) the application contains the information re17 quired by subsection (a)(1) of this section; and 

18 (2) the applicant has submitted to the Attorney 

19 General all reports required from the applicant by or 

20 under section 1(a). 

21 (c) AMOUNT OF GRANT.—The amount of the grant 

22 to be made to an applicant under this section shall not 

exceed 1 23 ⁄2 of the amount set forth in the application pursu24 ant to subsection (a)(1). 

25 (d) USE OF GRANT.—An applicant who receives a 

26 grant under this section shall use the grant only to cover 
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1 the cost of complying with the regulations prescribed 

2 under section 1(b). 

3 (e) LIMITATIONS ON AUTHORIZATION OF APPRO4 PRIATIONS.—For grants under this section, there are au5 thorized to be appropriated to the Attorney General 

6 $10,000,000, without fiscal year limitation. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) EXPLOSIVE MATERIALS.—The term ‘‘explo10 sive materials’’ has the meaning given in section 

11 841(c) of title 18, United States Code. 

12 (2) LAW ENFORCEMENT AGENCY.—The term 

13 ‘‘law enforcement agency’’ does not include any com14 ponent of the National Guard. 

15 (3) STATE.—The term ‘‘State’’ includes the 

16 District of Columbia.

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