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6 U.S.C. § 493 — Prohibitions and penalty

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 493 — Prohibitions and penalty

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Stable record: federal_law:legal_authorities:record_usc_f665fab4d9940460c5acd02a
Source file: Laws/federal/codes/united-states-code/title-6/section-493-prohibitions-and-penalty--4632202862.md
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Source location: Title 6, Chapter 1, § 493; chapter-001-homeland-security-organization.md

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**(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 488a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section488a&num=0&edition=prelim), 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 488a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section488a&num=0&edition=prelim), 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 488a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section488a&num=0&edition=prelim). (3) **Other prohibitions** — No person shall— (A) purchase ammonium nitrate without a registration number required under subsection (c) or (d) of [section 488a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section488a&num=0&edition=prelim); (B) own or operate an ammonium nitrate facility without a registration number required under [section 488a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section488a/c&num=0&edition=prelim); or (C) fail to comply with any requirement or violate any other prohibition under this part. **(b) Civil penalty** A person that violates this part 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 part 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 part.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 488a — Facilitating homeland security information sharing procedures

**(a) Procedures for determining extent of sharing of homeland security information** (1) The President shall prescribe and implement procedures under which relevant Federal agencies— (A) share relevant and appropriate homeland security information with other Federal agencies, including the Department, and appropriate State and local personnel; (B) identify and safeguard homeland security information that is sensitive but unclassified; and (C) to the extent such information is in classified form, determine whether, how, and to what extent to remove classified information, as appropriate, and with which such personnel it may be shared after such information is removed. (2) The President shall ensure that such procedures apply to all agencies of the Federal Government. (3) Such procedures shall not change the substantive requirements for the classification and safeguarding of classified information. (4) Such procedures shall not change the requirements and authorities to protect sources and methods. **(b) Procedures for sharing of homeland security information** (1) Under procedures prescribed by the President, all appropriate agencies, including the intelligence community, shall, through information sharing systems, share homeland security information with Federal agencies and appropriate State and local personnel to the extent such information may be shared, as determined in accordance with subsection (a), together with assessments of the credibility of such information. (2) Each information sharing system through which information is shared under paragraph (1) shall— (A) have the capability to transmit unclassified or classified information, though the procedures and recipients for each capability may differ; (B) have the capability to restrict de

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 493 — Membership

Page 265 TITLE 6—DOMESTIC SECURITY § 511 1 So in original. The word ‘‘to’’ probably should not appear. 1 So in original. Probably should be ‘‘3552(b)(6)’’. SUBCHAPTER IX—NATIONAL HOMELAND SECURITY COUNCIL § 491. National Homeland Security Council There is established within the Executive Of- fice of the President a council to be known as the ‘‘Homeland Security Council’’ (in this sub- chapter referred to as the ‘‘Council’’). (Pub. L. 107–296, title IX, § 901, Nov. 25, 2002, 116 Stat. 2258.) § 492. Function The function of the Council shall be to advise the President on homeland security matters. (Pub. L. 107–296, title IX, § 902, Nov. 25, 2002, 116 Stat. 2258.) § 493. Membership (a) Members The members of the Council shall be the fol- lowing: (1) The President. (2) The Vice President. (3) The Secretary of Homeland Security. (4) The Attorney General. (5) The Secretary of Defense. (6) Such other individuals as may be des- ignated by the President. (b) Attendance of Chairman of Joint Chiefs of Staff at meetings The Chairman of the Joint Chiefs of Staff (or, in the absence of the Chairman, the Vice Chair- man of the Joint Chiefs of Staff) may, in the role of the Chairman of the Joint Chiefs of Staff as principal military adviser to the Council and subject to the direction of the President, attend and participate in meetings of the Council. (Pub. L. 107–296, title IX, § 903, Nov. 25, 2002, 116 Stat. 2258; Pub. L. 109–163, div. A, title IX, § 908(b), Jan. 6, 2006, 119 Stat. 3404.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). § 494. Other functions and activities For the purpose of more effectively coordi- nating the policies and functions of the Uni

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