§ 843. — Licenses and user permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC843]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 40--IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
EXPLOSIVE MATERIALS
Sec. 843. Licenses and user permits
(a) An application for a user permit or limited permit or a license
to import, manufacture, or deal in explosive materials shall be in such
form and contain such information as the Attorney General shall by
regulation prescribe, including the names of and appropriate identifying
information regarding all employees who will be authorized by the
applicant to possess explosive materials, as well as fingerprints and a
photograph of each responsible person. Each applicant for a license or
permit shall pay a fee to be charged as set by the Attorney General,
said fee not to exceed $50 for a limited permit and $200 for any other
license or permit. Each license or user permit shall be valid for not
longer than 3 years from the date of issuance and each limited permit
shall be valid for not longer than 1 year from the date of issuance.
Each license or permit shall be renewable upon the same conditions and
subject to the same restrictions as the original license or permit, and
upon payment of a renewal fee not to exceed one-half of the original
fee.
(b) Upon the filing of a proper application and payment of the
prescribed fee, and subject to the provisions of this chapter and other
applicable laws, the Attorney General shall issue to such applicant the
appropriate license or permit if--
(1) the applicant (or, if the applicant is a corporation,
partnership, or association, each responsible person with respect to
the applicant) is not a person described in section 842(i);
(2) the applicant has not willfully violated any of the
provisions of this chapter or regulations issued hereunder;
(3) the applicant has in a State premises from which he conducts
or intends to conduct business;
(4)(A) the Secretary \1\ verifies by inspection or, if the
application is for an original limited permit or the first or second
renewal of such a permit, by such other means as the Secretary \1\
determines appropriate, that the applicant has a place of storage
for explosive materials which meets such standards of public safety
and security against theft as the Attorney General by regulations
shall prescribe; and
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\1\ So in original. Probably should be ``Attorney General''.
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(B) subparagraph (A) shall not apply to an applicant for the
renewal of a limited permit if the Secretary \1\ has verified, by
inspection within the preceding 3 years, the matters described in
subparagraph (A) with respect to the applicant; and
(5) the applicant has demonstrated and certified in writing that
he is familiar with all published State laws and local ordinances
relating to explosive materials for the location in which he intends
to do business;
(6) none of the employees of the applicant who will be
authorized by the applicant to possess explosive materials is any
person described in section 842(i); and
(7) in the case of a limited permit, the applicant has certified
in writing that the applicant will not receive explosive materials
on more than 6 separate occasions during the 12-month period for
which the limited permit is valid.
(c) The Attorney General shall approve or deny an application within
a period of 90 days for licenses and permits, beginning on the date such
application is received by the Attorney General.
(d) The Attorney General may revoke any license or permit issued
under this section if in the opinion of the Attorney General the holder
thereof has violated any provision of this chapter or any rule or
regulation prescribed by the Attorney General under this chapter, or has
become ineligible to acquire explosive materials under section 842(d).
The Secretary's \2\ action under this subsection may be reviewed only as
provided in subsection (e)(2) of this section.
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\2\ So in original. Probably should be ``Attorney General's''.
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(e)(1) Any person whose application is denied or whose license or
permit is revoked shall receive a written notice from the Attorney
General stating the specific grounds upon which such denial or
revocation is based. Any notice of a revocation of a license or permit
shall be given to the holder of such license or permit prior to or
concurrently with the effective date of the revocation.
(2) If the Attorney General denies an application for, or revokes a
license, or permit, he shall, upon request by the aggrieved party,
promptly hold a hearing to review his denial or revocation. In the case
of a revocation, the Attorney General may upon a request of the holder
stay the effective date of the revocation. A hearing under this section
shall be at a location convenient to the aggrieved party. The Attorney
General shall give written notice of his decision to the aggrieved party
within a reasonable time after the hearing. The aggrieved party may,
within sixty days after receipt of the Secretary's \2\ written decision,
file a petition with the United States court of appeals for the district
in which he resides or has his principal place of business for a
judicial review of such denial or revocation, pursuant to sections 701-
706 of title 5, United States Code.
(f) Licensees and holders of user permits shall make available for
inspection at all reasonable times their records kept pursuant to this
chapter or the regulations issued hereunder, and licensees and
permittees shall submit to the Attorney General such reports and
information with respect to such records and the contents thereof as he
shall by regulations prescribe. The Attorney General may enter during
business hours the premises (including places of storage) of any
licensee or holder of a user permit, for the purpose of inspecting or
examining (1) any records or documents required to be kept by such
licensee or permittee, under the provisions of this chapter or
regulations issued hereunder, and (2) any explosive materials kept or
stored by such licensee or permittee at such premises. Upon the request
of any State or any political subdivision thereof, the Attorney General
may make available to such State or any political subdivision thereof,
any information which he may obtain by reason of the provisions of this
chapter with respect to the identification of persons within such State
or political subdivision thereof, who have purchased or received
explosive materials, together with a description of such explosive
materials. The Secretary \1\ may inspect the places of storage for
explosive materials of an applicant for a limited permit or, at the time
of renewal of such permit, a holder of a limited permit, only as
provided in subsection (b)(4).
(g) Licenses and user permits issued under the provisions of
subsection (b) of this section shall be kept posted and kept available
for inspection on the premises covered by the license and permit.
(h)(1) If the Secretary \1\ receives, from an employer, the name and
other identifying information of a responsible person or an employee who
will be authorized by the employer to possess explosive materials in the
course of employment with the employer, the Secretary \1\ shall
determine whether the responsible person or employee is one of the
persons described in any paragraph of section 842(i). In making the
determination, the Secretary \1\ may take into account a letter or
document issued under paragraph (2).
(2)(A) If the Secretary \1\ determines that the responsible person
or the employee is not one of the persons described in any paragraph of
section 842(i), the Secretary \1\ shall notify the employer in writing
or electronically of the determination and issue, to the responsible
person or employee, a letter of clearance, which confirms the
determination.
(B) If the Secretary \1\ determines that the responsible person or
employee is one of the persons described in any paragraph of section
842(i), the Secretary \1\ shall notify the employer in writing or
electronically of the determination and issue to the responsible person
or the employee, as the case may be, a document that--
(i) confirms the determination;
(ii) explains the grounds for the determination;
(iii) provides information on how the disability may be
relieved; and
(iv) explains how the determination may be appealed.
(i) Furnishing of Samples.--
(1) In general.--Licensed manufacturers and licensed importers
and persons who manufacture or import explosive materials or
ammonium nitrate shall, when required by letter issued by the
Secretary,\1\ furnish--
(A) samples of such explosive materials or ammonium nitrate;
(B) information on chemical composition of those products;
and
(C) any other information that the Secretary \1\ determines
is relevant to the identification of the explosive materials or
to identification of the ammonium nitrate.
(2) Reimbursement.--The Secretary \1\ shall, by regulation,
authorize reimbursement of the fair market value of samples
furnished pursuant to this subsection, as well as the reasonable
costs of shipment.
(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
955; amended Pub. L. 107-296, title XI, Secs. 1112(e)(3), 1122(c)-(h),
1124, Nov. 25, 2002, 116 Stat. 2276, 2281, 2282, 2285.)
Amendments
2002--Subsec. (a). Pub. L. 107-296, Sec. 1122(c), in first sentence,
inserted ``or limited permit'' after ``user permit'' and inserted before
period at end ``, including the names of and appropriate identifying
information regarding all employees who will be authorized by the
applicant to possess explosive materials, as well as fingerprints and a
photograph of each responsible person'', in second sentence, substituted
``$50 for a limited permit and $200 for any other'' for ``$200 for
each'', inserted third and fourth sentences, and struck out former third
sentence which read as follows: ``Each license or permit shall be valid
for no longer than three years from date of issuance and shall be
renewable upon the same conditions and subject to the same restrictions
as the original license or permit and upon payment of a renewal fee not
to exceed one-half of the original fee.''
Pub. L. 107-296, Sec. 1112(e)(3), substituted ``Attorney General''
for ``Secretary'' in two places.
Subsec. (b). Pub. L. 107-296, Sec. 1112(e)(3), substituted
``Attorney General'' for ``Secretary'' in introductory provisions.
Subsec. (b)(1). Pub. L. 107-296, Sec. 1122(d)(1), added par. (1) and
struck out former par. (1) which read as follows: ``the applicant
(including in the case of a corporation, partnership, or association,
any individual possessing, directly or indirectly, the power to direct
or cause the direction of the management and policies of the
corporation, partnership, or association) is not a person to whom the
distribution of explosive materials would be unlawful under section
842(d) of this chapter;''.
Subsec. (b)(4). Pub. L. 107-296, Sec. 1122(d)(2), designated
existing provisions as subpar. (A), inserted ``the Secretary verifies by
inspection or, if the application is for an original limited permit or
the first or second renewal of such a permit, by such other means as the
Secretary determines appropriate, that'' before ``the applicant'', and
added subpar. (B).
Pub. L. 107-296, Sec. 1112(e)(3), substituted ``the Attorney General
by regulations'' for ``the Secretary by regulations''.
Subsec. (b)(6), (7). Pub. L. 107-296, Sec. 1122(d)(3), (4), added
pars. (6) and (7).
Subsec. (c). Pub. L. 107-296, Sec. 1122(e), substituted ``90 days
for licenses and permits,'' for ``forty-five days''.
Pub. L. 107-296, Sec. 1112(e)(3), substituted ``Attorney General''
for ``Secretary'' in two places.
Subsecs. (d), (e). Pub. L. 107-296, Sec. 1112(e)(3), substituted
``Attorney General'' for ``Secretary'' wherever appearing.
Subsec. (f). Pub. L. 107-296, Sec. 1122(f), in first sentence,
substituted ``Licensees and holders of user permits'' for ``Licensees
and permittees'' and inserted ``licensees and permittees'' before
``shall submit'', in second sentence, substituted ``holder of a user
permit'' for ``permittee'', and inserted at end ``The Secretary may
inspect the places of storage for explosive materials of an applicant
for a limited permit or, at the time of renewal of such permit, a holder
of a limited permit, only as provided in subsection (b)(4).''
Pub. L. 107-296, Sec. 1112(e)(3), substituted ``Attorney General''
for ``Secretary'' wherever appearing.
Subsec. (g). Pub. L. 107-296, Sec. 1122(g), inserted ``user'' before
``permits''.
Subsec. (h). Pub. L. 107-296, Sec. 1122(h), added subsec. (h).
Subsec. (i). Pub. L. 107-296, Sec. 1124, added subsec. (i).
Effective Date of 2002 Amendment
Amendment by sections 1112(e)(3) and 1124 of Pub. L. 107-296
effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296,
set out as an Effective Date note under section 101 of Title 6, Domestic
Security.
Pub. L. 107-296, title XI, Sec. 1122(i), Nov. 25, 2002, 116 Stat.
2283, provided that:
``(1) In general.--The amendments made by this section [amending
this section and sections 841 and 842 of this title] shall take effect
180 days after the date of enactment of this Act [Nov. 25, 2002].
``(2) Exception.--Notwithstanding any provision of this Act [see
Tables for classification], a license or permit issued under section 843
of title 18, United States Code, before the date of enactment of this
Act [Nov. 25, 2002], shall remain valid until that license or permit is
revoked under section 843(d) or expires, or until a timely application
for renewal is acted upon.''
Continuation in Business or Operation of Any Person Engaged in Business
or Operation on October 15, 1970
Filing of application for a license or permit prior to the effective
date of this section as authorizing any person engaged in a business or
operation requiring a license or a permit on Oct. 15, 1970 to continue
such business or operation pending final action on such application, see
section 1105(c) of Pub. L. 91-452, set out as a note under section 841
of this title.
Section Referred to in Other Sections
This section is referred to in section 842 of this title.