18 U.S.C. § 843 — Licenses and user permits

Page 201 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 843 1 So in original. Probably should be ‘‘Attorney General’’. 2 So in original. Probably should be ‘‘Attorney General’s’’. § 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 infor- mation regarding all employees who will be au- thorized by the applicant to possess explosive materials, as well as fingerprints and a photo- graph 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 per- mit shall be renewable upon the same conditions and subject to the same restrictions as the origi- nal license or permit, and upon payment of a re- newal 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 appli- cant) is not a person described in section 842(i); (2) the applicant has not willfully violated any of the provisions of this chapter or regula- tions 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 de- scribed in subparagraph (A) with respect to the applicant; and (5) the applicant has demonstrated and cer- tified in writing that he is familiar with all published State laws and local ordinances re- lating 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 pos- sess explosive materials is any person de- scribed in section 842(i); and (7) in the case of a limited permit, the appli- cant has certified in writing that the appli- cant 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 li- cense or permit issued under this section if in the opinion of the Attorney General the holder thereof has violated any provision of this chap- ter or any rule or regulation prescribed by the Attorney General under this chapter, or has be- come 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 re- ceive a written notice from the Attorney Gen- eral 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 applica- tion 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 At- torney General may upon a request of the holder stay the effective date of the revocation. A hear- ing under this section shall be at a location con- venient 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 Sec- retary’s 2 written decision, file a petition with the United States court of appeals for the dis- trict in which he resides or has his principal place of business for a judicial review of such de- nial 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 chap- ter or the regulations issued hereunder, and li- censees and permittees shall submit to the At- torney 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 per- Page 202 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 843 sons within such State or political subdivision thereof, who have purchased or received explo- sive materials, together with a description of such explosive materials. The Secretary 1 may inspect the places of storage for explosive mate- rials 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 per- mit. (h)(1) If the Secretary 1 receives, from an em- ployer, the name and other identifying informa- tion 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 deter- mine whether the responsible person or em- ployee is one of the persons described in any paragraph of section 842(i). In making the deter- mination, 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 sec- tion 842(i), the Secretary 1 shall notify the em- ployer in writing or electronically of the deter- mination and issue, to the responsible person or employee, a letter of clearance, which confirms the determination. (B) If the Secretary 1 determines that the re- sponsible person or employee is one of the per- sons 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 em- ployee, as the case may be, a document that— (i) confirms the determination; (ii) explains the grounds for the determina- tion; (iii) provides information on how the dis- ability 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 manu- facture or import explosive materials or am- monium 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 Sec- retary 1 determines is relevant to the identi- fication 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 pursu- ant to this subsection, as well as the reason- able costs of shipment. (Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 955; amended Pub. L. 107–296, title XI, §§ 1112(e)(3), 1122(c)–(h), 1124, Nov. 25, 2002, 116 Stat. 2276, 2281, 2282, 2285.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–296, § 1122(c), in first sen- tence, inserted ‘‘or limited permit’’ after ‘‘user permit’’ and inserted before period at end ‘‘, including the names of and appropriate identifying information re- garding all employees who will be authorized by the ap- plicant to possess explosive materials, as well as finger- prints 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 con- ditions and subject to the same restrictions as the original license or permit and upon payment of a re- newal fee not to exceed one-half of the original fee.’’ Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ in two places. Subsec. (b). Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ in introductory provisions. Subsec. (b)(1). Pub. L. 107–296, § 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 cor- poration, 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, § 1122(d)(2), designated existing provisions as subpar. (A), inserted ‘‘the Sec- retary verifies by inspection or, if the application is for an original limited permit or the first or second re- newal 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, § 1112(e)(3), substituted ‘‘the Attorney General by regulations’’ for ‘‘the Secretary by regula- tions’’. Subsec. (b)(6), (7). Pub. L. 107–296, § 1122(d)(3), (4), added pars. (6) and (7). Subsec. (c). Pub. L. 107–296, § 1122(e), substituted ‘‘90 days for licenses and permits,’’ for ‘‘forty-five days’’. Pub. L. 107–296, § 1112(e)(3), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ in two places. Subsecs. (d), (e). Pub. L. 107–296, § 1112(e)(3), sub- stituted ‘‘Attorney General’’ for ‘‘Secretary’’ wherever appearing. Subsec. (f). Pub. L. 107–296, § 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, § 1112(e)(3), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ wherever appearing. Subsec. (g). Pub. L. 107–296, § 1122(g), inserted ‘‘user’’ before ‘‘permits’’. Subsec. (h). Pub. L. 107–296, § 1122(h), added subsec. (h). Subsec. (i). Pub. L. 107–296, § 1124, added subsec. (i). Statutory Notes and Related Subsidiaries 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, § 1122(i), Nov. 25, 2002, 116 Stat. 2283, provided that: Page 203 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 844 ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section and sections 841 and 842 of this title] shall take effect 180 days after the date of en- actment of this Act [Nov. 25, 2002]. ‘‘(2) EXCEPTION.—Notwithstanding any provision of this Act [see Tables for classification], a license or per- mit 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 time- ly application for renewal is acted upon.’’ CONTINUATION IN BUSINESS OR OPERATION OF ANY PER- SON ENGAGED IN BUSINESS OR OPERATION ON OCTO- BER 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 ap- plication, see section 1105(c) of Pub. L. 91–452, set out as a note under section 841 of this title. § 844. Penalties (a) Any person who— (1) violates any of subsections (a) through (i) or (l) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both; and (2) violates subsection (p)(2) of section 842, shall be fined under this title, imprisoned not more than 20 years, or both. (b) Any person who violates any other provi- sion of section 842 of this chapter shall be fined under this title or imprisoned not more than one year, or both. (c)(1) Any explosive materials involved or used or intended to be used in any violation of the provisions of this chapter or any other rule or regulation promulgated thereunder or any viola- tion of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposi- tion of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter. (2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive mate- rials forthwith. Any destruction under this para- graph shall be in the presence of at least 1 cred- ible witness. The seizing officer shall make a re- port of the seizure and take samples as the At- torney General may by regulation prescribe. (3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (includ- ing any person having an interest in) the prop- erty so destroyed may make application to the Attorney General for reimbursement of the value of the property. If the claimant estab- lishes to the satisfaction of the Attorney Gen- eral that— (A) the property has not been used or in- volved in a violation of law; or (B) any unlawful involvement or use of the property was without the claimant’s knowl- edge, consent, or willful blindness, the Attorney General shall make an allowance to the claimant not exceeding the value of the property destroyed. (d) Whoever transports or receives, or at- tempts to transport or receive, in interstate or foreign commerce any explosive with the knowl- edge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be impris- oned for not more than ten years, or fined under this title, or both; and if personal injury results to any person, including any public safety offi- cer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years or fined under this title, or both; and if death results to any person, including any pub- lic safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment. (e) Whoever, through the use of the mail, tele- phone, telegraph, or other instrument of inter- state or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false infor- mation knowing the same to be false, con- cerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimi- date any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explo- sive shall be imprisoned for not more than 10 years or fined under this title, or both. (f)(1) Whoever maliciously damages or de- stroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehi- cle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, or any institution or organization re- ceiving Federal financial assistance, shall be im- prisoned for not less than 5 years and not more than 20 years, fined under this title, or both. (2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer per- forming duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both. (3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer per- forming duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both. (g)(1) Except as provided in paragraph (2), who- ever possesses an explosive in an airport that is subject to the regulatory authority of the Fed- eral Aviation Administration, or in any building in whole or in part owned, possessed, or used by, or leased to, the United States or any depart- ment or agency thereof, except with the written consent of the agency, department, or other per- son responsible for the management of such building or airport, shall be imprisoned for not