PERMITS FOR PURCHASERS OF EXPLOSIVES.

SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES. (a) Definitions.—Section 841 of title 18, United States Code, is amended— (1) by striking subsection (j) and inserting the following: “(j) ‘Permittee’ means any user of explosives for a lawful purpose, who has obtained either a user permit or a limited permit under the provisions of this chapter.”, and (2) by adding at the end the following: “(r) ‘Alien’ means any person who is not a citizen or national of the United States. “(s) ‘Responsible person’ means an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials.”. (b) Permits for Purchase of Explosives.—Section 842 of title 18, United States Code, is amended— (1) in subsection (a)(2), by striking “and” at the end; (2) by striking subsection (a)(3) and inserting the following: “(3) other than a licensee or permittee knowingly— “(A) to transport, ship, cause to be transported, or receive any explosive materials; or 116 STAT. 2281 “(B) to distribute explosive materials to any person other than a licensee or permittee; or “(4) who is a holder of a limited permit— “(A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials; or “(B) to receive explosive materials from a licensee or permittee, whose premises are located outside the State of residence of the limited permit holder, or on more than 6 separate occasions, during the period of the permit, to receive explosive materials from 1 or more licensees or permittees whose premises are located within the State of residence of the limited permit holder.”; and (3) by striking subsection (b) and inserting the following: “(b) It shall be unlawful for any licensee or permittee to knowingly distribute any explosive materials to any person other than— “(1) a licensee; “(2) a holder of a user permit; or “(3) a holder of a limited permit who is a resident of the State where distribution is made and in which the premises of the transferor are located.”. (c) Licenses and User Permits.—Section 843(a) of title 18, United States Code, is amended— (1) in the first sentence— (A) by inserting “or limited permit” after “user permit”; and (B) by inserting before the period at the end the following: “, 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”; (2) in the second sentence, by striking “$200 for each” and inserting “$50 for a limited permit and $200 for any other”; and (3) by striking the third sentence and inserting “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.”. (d) Criteria for Approving Licenses and Permits.—Section 843(b) of title 18, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: “(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) in paragraph (4)— (A) by inserting “(A) 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 (B) by adding at the end the following: 116 STAT. 2282 “(B) subparagraph (A) shall not apply to an applicant for the renewal of a limited permit if the Secretary has verified, by inspection within the preceding 3 years, the matters described in subparagraph (A) with respect to the applicant; and”; (3) in paragraph (5), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: “(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.”. (e) Application Approval.—Section 843(c) of title 18, United States Code, is amended by striking “forty-five days” and inserting “90 days for licenses and permits,”. (f) Inspection Authority.—Section 843(f) of title 18, United States Code, is amended— (1) in the first sentence— (A) by striking “permittees” and inserting “holders of user permits”; and (B) by inserting “licensees and permittees” before “shall submit”; (2) in the second sentence, by striking “permittee” the first time it appears and inserting “holder of a user permit”; and (3) by adding at the end the following: “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). (g) Posting of Permits.—Section 843(g) of title 18, United States Code, is amended by inserting “user” before “permits”. (h) Background Checks; Clearances.—Section 843 of title 18, United States Code, is amended by adding at the end the following: “(h)(1) If the Secretary 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 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 may take into account a letter or document issued under paragraph (2). “(2)(A) If the Secretary determines that the responsible person or the employee is not one of the persons described in any paragraph of section 842(i), the Secretary 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 determines that the responsible person or employee is one of the persons described in any paragraph of section 842(i), the Secretary shall notify the employer in writing 116 STAT. 2283or 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) Effective Date.— (1) In general.—The amendments made by this section shall take effect 180 days after the date of enactment of this Act. (2) Exception.—Notwithstanding any provision of this Act, a license or permit issued under section 843 of title 18, United States Code, before the date of enactment of this Act, 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.