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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SAFE AND SECURE STORAGE OF EXPLOSIVE 
MATERIALS BY STATE AND LOCAL LAW EN-
FORCEMENT 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 law 
enforcement 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 location. 
(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 and local law enforcement agencies of explosive 
materials that have been shipped or transported in inter-
state or foreign commerce. 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 com-
merce are so stored or kept shall meet, and shall, at a 
minimum, require any such place to be subject to video 
surveillance or to have in operation an alarm system capa-
ble of notifying the agency of unauthorized entry.
(c) INSPECTION AUTHORITY.—The Attorney General 
may enter during business hours any place where a State 
or local law enforcement agency stores or keeps explosive 
materials that have been shipped or transported in inter-
state or foreign commerce, for the purpose of inspecting 
the explosive materials and determining whether the mate-
rials are being stored or kept in compliance with the regu-
lations prescribed under subsection (b). 
(d) AUTHORITY
TO IMPOSE PENALTY
FOR NON-
COMPLIANCE.—
(1) AUTHORITY
TO
REDUCE
GRANTS.—If a 
State or local law enforcement agency fails to com-
ply with this section or any regulation prescribed 
under this section, the Attorney General may reduce 
by 10 percent the funds that the agency would oth-
erwise receive, or would otherwise be allocated, 
under any grant program of the Department of Jus-
tice. 
(2) REALLOCATION
OF
FUNDS.—Any funds 
that are not allocated to a State or local law enforce-
ment agency by reason of paragraph (1) shall be re-
allocated to other State or local law enforcement 
agencies whose grants are not reduced by reason of 
paragraph (1).
SEC. 2. MATCHING GRANTS. 
(a) APPLICATION.—A State or local law enforcement 
agency may submit to the Attorney General 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 1(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 Attorney General 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 Attorney 
General all reports required from the applicant by or 
under section 1(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 1(b). 
(e) LIMITATIONS
ON AUTHORIZATION
OF APPRO-
PRIATIONS.—For grants under this section, there are au-
thorized to be appropriated to the Attorney General 
$10,000,000, without fiscal year limitation. 
SEC. 3. 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) LAW
ENFORCEMENT
AGENCY.—The term 
‘‘law enforcement agency’’ does not include any com-
ponent of the National Guard. 
(3) STATE.—The term ‘‘State’’ includes the 
District of Columbia.
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