I 
109TH CONGRESS 
1ST SESSION H. R. 4422 
To enhance homeland security by preventing unauthorized access to explosive 
materials stored by State or local agencies. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2005 
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 enhance homeland security by preventing unauthorized 
access to explosive materials stored by State or local 
agencies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safeguarding Explo-
sives for Homeland Security Act’’. 
SEC. 2. PREVENTION OF UNAUTHORIZED ACCESS TO EX-
PLOSIVE MATERIALS STORED BY STATE OR 
LOCAL AGENCIES. 
(a) REPORTS ON LOCATIONS, TYPES, AND AMOUNTS 
OF STORED EXPLOSIVE MATERIALS.—
(1) INITIAL REPORTS.—Within 6 months after 
the date of the enactment of this Act, each State 
shall submit to the Attorney General a written re-
port that specifies each location at which any agency 
operating under State law stores or keeps explosive 
materials that have been shipped or transported in 
interstate or foreign commerce, and the types and 
amounts of such materials stored or kept at the lo-
cation. 
(2) SUBSEQUENT REPORTS.—At such times as 
the Attorney General shall provide in regulations, 
each State shall submit to the Attorney General a 
written report that updates the most recent report 
submitted by the agency pursuant to this subsection. 
(b) REGULATIONS GOVERNING STORAGE OF EXPLO-
SIVE MATERIALS.—Within 6 months after the date of the 
enactment of this Act, the Attorney General shall pre-
scribe final regulations governing the storage and keeping 
by State or local agencies of explosive materials that have 
been shipped or transported in interstate or foreign com-
merce. The regulations shall set forth the standards of 
public safety and security against theft which any place 
at which explosive materials that have been shipped or 
transported in interstate or foreign commerce are so 
stored or kept shall meet, and shall, at a minimum, re-
quire any such place to be subject to video surveillance 
or to have in operation an alarm system capable of noti-
fying the agency of unauthorized entry. 
(c) INSPECTION AUTHORITY.—The Attorney General 
may enter during business hours any place where a State 
or local agency stores or keeps explosive materials that 
have been shipped or transported in interstate or foreign 
commerce, for the purpose of inspecting the explosive ma-
terials and determining whether the materials are being 
stored or kept in compliance with the regulations pre-
scribed under subsection (b). 
(d) AUTHORITY
TO IMPOSE PENALTY
FOR NON-
COMPLIANCE.— 
(1) AUTHORITY
TO
REDUCE
GRANTS.—If a 
State or local agency fails to comply with this sec-
tion or any regulation prescribed under this section, 
the Attorney General may reduce by 10 percent the 
funds that the agency would otherwise receive, or 
would otherwise be allocated, under any grant pro-
gram of the Department of Justice. 
(2) REALLOCATION
OF
FUNDS.—Any funds 
that are not allocated to a State or local agency by 
reason of paragraph (1) shall be reallocated to other 
State or local agencies whose grants are not reduced 
by reason of paragraph (1).
SEC. 3. MATCHING GRANTS. 
(a) APPLICATION.—A State or local agency may sub-
mit to the Secretary of Homeland Security an application 
for a grant under this section, which shall contain— 
(1) a good faith estimate of the total amount 
the agency will need to expend to comply with the 
regulations prescribed under section 2(b); and 
(2) a certification that the agency has obtained 
commitments to receive from State or local sources 
sums totalling not less than 1⁄2 of the amount re-
ferred to in paragraph (1), and will expend the sums 
to achieve such compliance. 
(b) GRANT AUTHORITY.—The Secretary of Home-
land Security may make a grant under this section to an 
applicant therefor if— 
(1) the application contains the information re-
quired by subsection (a)(1) of this section; and 
(2) the applicant has submitted to the Sec-
retary of Homeland Security all reports required 
from the applicant by or under section 2(a). 
(c) AMOUNT OF GRANT.—The amount of the grant 
to be made to an applicant under this section shall not 
exceed 1⁄2 of the amount set forth in the application pursu-
ant to subsection (a)(1). 
(d) USE OF GRANT.—An applicant who receives a 
grant under this section shall use the grant only to cover
the cost of complying with the regulations prescribed 
under section 2(b). 
(e) LIMITATIONS
ON AUTHORIZATION
OF APPRO-
PRIATIONS.—For grants under this section, there are au-
thorized to be appropriated to the Secretary of Homeland 
Security $10,000,000, without fiscal year limitation. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) EXPLOSIVE MATERIALS.—The term ‘‘explo-
sive materials’’ has the meaning given in section 
841(c) of title 18, United States Code. 
(2) AGENCY.—The term ‘‘agency’’ does not in-
clude any component of the National Guard. 
(3) STATE.—The term ‘‘State’’ includes the 
District of Columbia. 
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