Page:United States Statutes at Large Volume 116 Part 3.djvu/690

This page needs to be proofread.

116 STAT. 2282 PUBLIC LAW 107-296—NOV. 25, 2002 "(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,". if) 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 pf 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