To require licenses for the sale, purchase, and distribution of certain chemicals that are precursors to chemical weapons, and for other purposes.

February 12, 2003

Mr. ENGEL (for himself, Mr. ISRAEL, Mrs. MALONEY, Ms. NORTON, Mr. GRIJALVA, Mr. CASE, Mr. BISHOP of New York, and Mr. OWENS) introduced the following bill; which was referred to the Committee on Energy and Commerce

To require licenses for the sale, purchase, and distribution of certain chemicals that are precursors to chemical weapons, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Chemical Attack Prevention Act'.

SEC. 2. DEFINITIONS.

For purposes of this Act:

(1) The term `chemical weapon precursor' means a Schedule 1 chemical agent or a Schedule 2 chemical agent, as such terms are defined in section 3 of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701).

(2) The term `licensee' means a person holding a license under this Act.

(3) The term `qualified person' means a person found by the Secretary to meet such qualifications as the Secretary may, by rule, prescribe to protect the public health and safety from the misuse of chemical weapon precursors. No person who has been convicted of a criminal offense under this Act or under any similar or related provision of Federal or State law shall be a qualified person for purposes of this Act.

(4) The term `Secretary' means the Secretary of Commerce.

SEC. 3. LICENSE REQUIRED.

After December 31, 2003, no person may purchase, sell, or distribute in interstate commerce any chemical weapon precursor unless such person is licensed under section 4.

SEC. 4. ISSUANCE OF LICENSES.

(a) APPLICATION- Any qualified person may submit to the Secretary an application for a license to purchase, sell, or distribute in interstate commerce a chemical weapon precursor.

(b) ISSUANCE- Upon receiving an application containing such information as the Secretary may require, the Secretary is authorized to issue a license to such person to purchase, sell, or distribute in interstate commerce a chemical weapon precursor if the Secretary finds that such person is a qualified person and if such person agrees to comply with this Act and the regulations under this Act.

(c) TERM; REVOCATION- A license under this section shall remain in effect for such term as the Secretary may prescribe, except that the Secretary may at any time revoke such license if the Secretary determines that the licensee has failed or refused to comply with this Act or any regulation under this Act.

SEC. 5. REQUIREMENTS FOR MAINTENANCE OF LICENSE.

Each licensee shall comply with each of the following requirements and such other requirements as the Secretary may establish by rule to carry out the purposes of this Act:

(1) The licensee shall report any suspicious purchases of chemical weapon precursors.

(2) The licensee shall maintain and make available to the Secretary and to Federal, State, and local law enforcement authorities records of the purchase, sale, or distribution of chemical weapon precursors. Such records shall be in such form and shall contain such information as the Secretary shall, by rule, prescribe.

SEC. 6. PENALTIES FOR VIOLATION.

Any person who violates any provision of this Act or any regulation under this Act shall be subject to a civil penalty of not more than $10,000 for a first offense and not more than $20,000 for a second or subsequent offense. If such violation was intentional, such person shall be subject to a criminal penalty of up to 10 years in prison in addition to such civil penalties.

END