[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5162 Introduced in House (IH)]






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SAFE AND SECURE STORAGE OF EXPLOSIVE MATERIALS BY STATE AND 
              LOCAL LAW ENFORCEMENT 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 report 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 Explosive Materials.--Within 6 
months after the date of the enactment of this Act, the Attorney 
General shall prescribe final regulations governing the storage and 
keeping by State and local law enforcement agencies of explosive 
materials that have been shipped or transported in interstate 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 commerce 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 capable 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 interstate or foreign commerce, for the purpose of 
inspecting the explosive materials and determining whether the 
materials are being stored or kept in compliance with the regulations 
prescribed under subsection (b).
    (d) Authority to Impose Penalty for Noncompliance.--
            (1) Authority to reduce grants.--If a State or local law 
        enforcement agency fails to comply with this section 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 program of the Department of Justice.
            (2) Reallocation of funds.--Any funds that are not 
        allocated to a State or local law enforcement agency by reason 
        of paragraph (1) shall be reallocated 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 referred 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 required 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 pursuant 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 Appropriations.--For grants 
under this section, there are authorized 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 ``explosive 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 component of the National Guard.
            (3) State.--The term ``State'' includes the District of 
        Columbia.
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