[Congressional Record Volume 150, Number 121 (Thursday, September 30, 2004)]
[Extensions of Remarks]
[Pages E1755-E1756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF H.R. 5162, THE LAW ENFORCEMENT EXPLOSIVE STORAGE 
                            ENHANCEMENT ACT

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                     Wednesday, September 29, 2004

  Mr. LANTOS. Mr. Speaker, sometimes it takes a barely averted 
catastrophe awaken us to potential dangers. Recently, more than 140 
pounds of explosive materials were stolen from a law enforcement 
storage facility in San Mateo, California. This is enough to destroy a 
small office building or to blow a hole in the Golden Gate Bridge.
  Thankfully, police quickly caught the suspects and recovered all of 
the explosives. However, we cannot and should not be forced to rely on 
capturing criminals after a theft to keep our communities safe. After 
learning what happened I immediately contacted my good friend, and 
Chairman of the House Government Reform Committee Subcommittee on 
National Security, Emerging Threats and International Relations, Chris 
Shays, to hold a hearing in San Mateo. Chairman Shays recognized right 
away the seriousness of this problem and graciously agreed to hold a 
Subcommittee field hearing on August 2, 2004.
  During the course of the hearing, we heard from representatives of 
law enforcement at the federal, state and local levels, as well as 
members of the explosives industry. Mr. Speaker, I can honestly say 
that in the 20-plus years I have been a member of the House of 
Representatives, this hearing was clearly one of the most informative 
that I had ever been a part of.

[[Page E1756]]

  However, I was shocked at the abysmal performance by the Bureau of 
Alcohol, Tobacco and Firearms (ATF), which is tasked with the 
responsibility of regulating the sale of explosives in our country. 
During the hearing, it became quite clear that ATF had absolutely no 
idea of how many explosive storage sites there are in this country. 
Given the fact that our country uses about 2.5 million metric tons of 
explosives every year, the idea of any of it being unaccounted for 
should concern all of us. Equally troubling was the revelation that 
there is minimal regulation--and zero enforcement--of the storage of 
equally, or even more hazardous explosive material by law enforcement 
agencies, which means that communities across this country face a 
menace that we need to address right away: large caches of high 
explosives are being kept in countless locations, with nobody held 
accountable for their safe-keeping.
  Mr. Speaker, this is a September 10th standard for a September 12th 
world, and it is simply unacceptable. We need uniform federal standards 
that will be uniformly enforced across the country. I am pleased to 
report to my colleagues that the Shays-Lantos legislation that we are 
introducing today creates such standards.
  There are obvious and logical reasons for local law enforcement 
agencies to have explosive materials. For example, a police agency that 
maintains a bomb squad unit, as many larger departments do, needs a 
ready supply of material for training purposes. Other legitimate uses 
include training bomb-sniffing dogs or holding confiscated contraband 
for evidentiary purposes. No one doubts the legitimate need for local 
law enforcement agencies to maintain storage facilities, but the lack 
of any clear guidelines on the manner of storage is very troubling.
  At a time when explosives are the preferred weapon of choice of 
international terrorists, it was alarming to learn of a facility, 
located just a few miles from the heart of a major metropolitan area, 
that was as undefended and unprotected as the facility in San Mateo. 
The stolen materials could have been sold to the highest bidder and 
used against any target, near or far away. And the same can be said for 
storage locations nationwide.
  To address this shortcoming the Shays-Lantos legislation, H.R. 5162, 
the Law Enforcement Explosive Storage Enhancement Act, requires every 
state to submit a list to the Attorney General reporting how many 
locations are in their respective states. The legislation further 
requires an inventory to be kept so that the Attorney General is aware 
of how much explosive material is being stored at these facilities 
around the country. These changes will allow better monitoring of these 
dangerous materials.
  In addition the Shays-Legislation to create uniform federal 
regulations to ensure that all local law enforcement agencies are 
storing their explosives in a safe and secure manner. This includes 
requiring law enforcement facilities to have a security system that, at 
a minimum, will include either a video surveillance camera or an alarm 
system capable of notifying the agency of an unauthorized entry. Mr. 
Speaker, Chairman Shays and I are cognizant of the fact that many of 
our local police chiefs are facing the tightest budgets they have ever 
dealt with, and that this requirement could produce a major burden for 
many local officers. That is why we included a matching grant program 
to assist law enforcement agencies cover the costs associated with 
improving their security at their explosive storage sites. However much 
the cost of improving security at these facilities may be, I can assure 
you that it is less than the cost of allowing these types of explosive 
materials to fall into the hands of terrorists.
  Mr. Speaker, after listening to the testimony from all of the 
witnesses, it became increasingly apparent that it would make no sense 
for the federal government to require law enforcement agencies to have 
licenses to store high explosives, as private-sector entities are 
required to do. When private-sector entities that sells high explosives 
are told to improve storage security or face the prospect of losing 
their licenses, they will shape up--or else they lose access to the 
explosives. But law enforcement agencies have no such economic 
incentives; we're not going to take these materials away from them. So 
some other form of financial incentive, under federal government 
control, is called for.
  The H.R. 5162 ensures compliance from local jurisdictions by using 
the enormous power of the Congressional purse. This legislation tasks 
the Attorney General with inspecting law enforcement storage 
facilities, and if a facility is found to be in non-compliance with 
federal regulations, our bill requires the Attorney General to reduce 
that law enforcement agency's Department of Justice grants by 10%.
  Mr. Speaker, Chairman Shays and I are introducing this legislation 
because we want to ensure the safety of this country. The tragedy of 
September 11, 2001 destroyed the innocence of our nation and opened our 
eyes to the true threat of terrorism. That awful day revealed that the 
United States was confronting a ``Guns of Singapore'' phenomenon. As 
our colleagues undoubtedly know, during the Second World War, the guns 
of Singapore, a mighty array of armaments, were fixed in place aiming 
out to the ocean, defending the island from the expected threat. 
Instead, the true threat, the actual invasion and the eventual 
occupation of Singapore, came from the land--and the massive guns were 
never fired in battle. Likewise, prior to September 11, the United 
States had not directed its enormous power in the proper direction.
  Mr. Speaker, there are many fronts in the international struggle 
against terrorism. Passage of the H.R. 5162, the Law Enforcement 
Explosive Storage Enhancement Act, will be a crucial step in this 
battle, as it will prevent potential terrorists from easily accessing 
explosive materials stored throughout the country. I urge all of my 
colleagues to join me in calling for its immediate passage.

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