Sponsor introductory remarks on measure. (CR H9384)
Congressional Research Service
Official summary
Version 00 · Introduced in House · Jan 4, 1995
TABLE OF CONTENTS: Title I: General Reforms Title II: Plastic Explosives Bombing Prevention Act - Title I: General Reforms - Amends the Federal criminal code to prohibit the transport, shipment, or receipt of explosive materials without a permit or the distribution of explosive materials to anyone other than a licensee or permittee. Directs the Secretary of the Treasury to notify the States of the regulations so that they may consider revising their explosives laws. (Sec. 102) Requires applicants for licenses and user permits to import, manufacture, or deal in explosive materials to provide fingerprints and a photograph. Sets fees of up to $300 for an applicant for a license and up to $100 for an applicant for a permit. (Currently, the fee is up to $200 for each license or permit.) (Sec. 103) Authorizes the Secretary to use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act to investigate applicants for licenses or permits. (Sec. 104) Repeals exceptions from specified explosive materials requirements with respect to components of small arms ammunition and small quantities of black powder or smokeless powder. (Sec. 105) Directs the United States Sentencing Commission to promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for violations of Federal explosive materials provisions so that such penalties are the same as those for comparable violations of Federal firearms laws. (Sec. 106) Permits: (1) the destruction of seized explosives that are unsafe under specified circumstances; and (2) the owner to apply to the Secretary for reimbursement of any destroyed property where the claimant establishes that the seizure was wrongful. (Sec. 107) Subjects to civil forfeiture (with exceptions) any property involved in a violation of explosive materials provisions, or in a conspiracy to commit such a violation, and any other property traceable to such property. Directs the court to order a person convicted of a violation of Federal explosive materials provisions or of conspiring to commit such a violation to forfeit any property involved and any traceable property. Title II: Plastic Explosives - Prohibits the manufacture, import, export, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent (with exceptions). Authorizes the Secretary to investigate violations. Directs the Attorney General to exercise authority over such violations only when they are committed by a member of a terrorist or revolutionary group (in which case the Attorney General shall have primary investigative responsibility and the Secretary shall assist as requested). Prohibits any person possessing any plastic explosive, other than an agency of the United States or the National Guard of any State, from failing to report to the Secretary the quantity of such explosive possessed, the manufacturer or importer, and any identifying marks on such explosives. (Sec. 203) Provides for a fine and up to ten years' imprisonment for violations of Federal explosive materials laws. (Sec. 204) Sets forth affirmative defenses for Federal explosive materials laws.
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