CITE

    18 USC Sec. 843                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS

HEAD

    Sec. 843. Licenses and user permits

STATUTE

      (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
        (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.
      (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.

SOURCE

    (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.

FOOTNOTE

    (!1) So in original. Probably should be "Attorney General".
    (!2) So in original. Probably should be "Attorney General's".