6 U.S.C. § 488h — Deadlines for regulations

Page 264 TITLE 6—DOMESTIC SECURITY § 488f such person is registered under subsection (c) or (d) of section 488a of this title, 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 ni- trate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or (d) of sec- tion 488a of this title, 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. (3) Other prohibitions No person shall— (A) purchase ammonium nitrate without a registration number required under sub- section (c) or (d) of section 488a of this title; (B) own or operate an ammonium nitrate facility without a registration number re- quired under section 488a(c) of this title; 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 as- sessed 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 con- sider— (1) the nature and circumstances of the vio- lation; (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 de- termines 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 hear- ing on the violation for which the penalty is to be assessed in the county, parish, or incor- porated 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. (Pub. L. 107–296, title VIII, § 899F, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2088.) § 488f. Protection from civil liability (a) In general Notwithstanding any other provision of law, an owner of an ammonium nitrate facility that in good faith refuses to sell or transfer ammo- nium nitrate to any person, or that in good faith discloses to the Department or to appropriate law enforcement authorities an actual or at- tempted purchase or transfer of ammonium ni- trate, based upon a reasonable belief that the person seeking purchase or transfer of ammo- nium nitrate may use the ammonium nitrate to create an explosive device to be employed in an act of terrorism (as defined in section 3077 of title 18), or to use ammonium nitrate for any other unlawful purpose, shall not be liable in any civil action relating to that refusal to sell ammonium nitrate or that disclosure. (b) Reasonable belief A reasonable belief that a person may use am- monium nitrate to create an explosive device to be employed in an act of terrorism under sub- section (a) may not solely be based on the race, sex, national origin, creed, religion, status as a veteran, or status as a member of the Armed Forces of the United States of that person. (Pub. L. 107–296, title VIII, § 899G, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2089.) § 488g. Preemption of other laws (a) Other Federal regulations Except as provided in section 488f of this title, nothing in this part affects any regulation issued by any agency other than an agency of the Department. (b) State law Subject to section 488f of this title, this part preempts the laws of any State to the extent that such laws are inconsistent with this part, except that this part shall not preempt any State law that provides additional protection against the acquisition of ammonium nitrate by terrorists or the use of ammonium nitrate in ex- plosives in acts of terrorism or for other illicit purposes, as determined by the Secretary. (Pub. L. 107–296, title VIII, § 899H, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2089.) § 488h. Deadlines for regulations The Secretary— (1) shall issue a proposed rule implementing this part not later than 6 months after Decem- ber 26, 2007; and (2) issue a final rule implementing this part not later than 1 year after December 26, 2007. (Pub. L. 107–296, title VIII, § 899I, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2089.) § 488i. Authorization of appropriations There are authorized to be appropriated to the Secretary— (1) $2,000,000 for fiscal year 2008; and (2) $10,750,000 for each of fiscal years 2009 through 2012. (Pub. L. 107–296, title VIII, § 899J, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2090.)