SEC. 899F. [6 U.S.C. 488E] PROHIBITIONS AND PENALTY.

(a) Prohibitions.--

(1) Taking possession.--No person shall purchase

ammonium nitrate from an ammonium nitrate facility

unless such person is registered under subsection (c)

or (d) of section 899B, or is an agent of a person

registered under subsection (c) or (d) of that section.

(2) Transferring possession.--An owner of an

ammonium nitrate facility shall not transfer possession

of ammonium nitrate from the ammonium nitrate facility

to any ammonium nitrate purchaser who is not registered

under subsection (c) or (d) of section 899B, or to any

agent acting on behalf of an ammonium nitrate purchaser

when such purchaser is not registered under subsection

(c) or (d) of section 899B.

(3) Other prohibitions.--No person shall--

(A) purchase ammonium nitrate without a

registration number required under subsection

(c) or (d) of section 899B;

(B) own or operate an ammonium nitrate

facility without a registration number required

under section 899B(c); or

(C) fail to comply with any requirement or

violate any other prohibition under this

subtitle.

(b) Civil Penalty.--A person that violates this subtitle

may be assessed a civil penalty by the Secretary of not more

than $50,000 per violation.

(c) Penalty Considerations.--In determining the amount of a

civil penalty under this section, the Secretary shall

consider--

(1) the nature and circumstances of the violation;

(2) with respect to the person who commits the

violation, any history of prior violations, the ability

to pay the penalty, and any effect the penalty is

likely to have on the ability of such person to do

business; and

(3) any other matter that the Secretary determines

that justice requires.

(d) Notice and Opportunity for a Hearing.--No civil penalty

may be assessed under this subtitle unless the person liable

for the penalty has been given notice and an opportunity for a

hearing on the violation for which the penalty is to be

assessed in the county, parish, or incorporated city of

residence of that person.

(e) Delay in Application of Prohibition.--Paragraphs (1)

and (2) of subsection (a) shall apply on and after the date

that is 6 months after the date that the Secretary issues a

final rule implementing this subtitle.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 200 / 282 题