I 

108TH CONGRESS 

1ST SESSION H. R. 726

To require licenses for the sale, purchase, and distribution of certain chemicals 

that are precursors to chemical weapons, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

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 

A BILL

To require licenses for the sale, purchase, and distribution 

of certain chemicals that are precursors to chemical 

weapons, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chemical Attack Pre5 vention Act’’. 

6 SEC. 2. DEFINITIONS. 

7 For purposes of this Act: 

8 (1) The term ‘‘chemical weapon precursor’’ 

9 means a Schedule 1 chemical agent or a Schedule 2 
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1 chemical agent, as such terms are defined in section 

2 3 of the Chemical Weapons Convention Implementa3 tion Act of 1998 (22 U.S.C. 6701). 

4 (2) The term ‘‘licensee’’ means a person holding 

5 a license under this Act. 

6 (3) The term ‘‘qualified person’’ means a per7 son found by the Secretary to meet such qualifica8 tions as the Secretary may, by rule, prescribe to pro9 tect the public health and safety from the misuse of 

10 chemical weapon precursors. No person who has 

11 been convicted of a criminal offense under this Act 

12 or under any similar or related provision of Federal 

13 or State law shall be a qualified person for purposes 

14 of this Act. 

15 (4) The term ‘‘Secretary’’ means the Secretary 

16 of Commerce. 

17 SEC. 3. LICENSE REQUIRED. 

18 After December 31, 2003, no person may purchase, 

19 sell, or distribute in interstate commerce any chemical 

20 weapon precursor unless such person is licensed under sec21 tion 4. 

22 SEC. 4. ISSUANCE OF LICENSES. 

23 (a) APPLICATION.—Any qualified person may submit 

24 to the Secretary an application for a license to purchase, 
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1 sell, or distribute in interstate commerce a chemical weap2 on precursor. 

3 (b) ISSUANCE.—Upon receiving an application con4 taining such information as the Secretary may require, the 

5 Secretary is authorized to issue a license to such person 

6 to purchase, sell, or distribute in interstate commerce a 

7 chemical weapon precursor if the Secretary finds that such 

8 person is a qualified person and if such person agrees to 

9 comply with this Act and the regulations under this Act. 

10 (c) TERM; REVOCATION.—A license under this sec11 tion shall remain in effect for such term as the Secretary 

12 may prescribe, except that the Secretary may at any time 

13 revoke such license if the Secretary determines that the 

14 licensee has failed or refused to comply with this Act or 

15 any regulation under this Act. 

16 SEC. 5. REQUIREMENTS FOR MAINTENANCE OF LICENSE. 

17 Each licensee shall comply with each of the following 

18 requirements and such other requirements as the Sec19 retary may establish by rule to carry out the purposes of 

20 this Act: 

21 (1) The licensee shall report any suspicious pur22 chases of chemical weapon precursors. 

23 (2) The licensee shall maintain and make avail24 able to the Secretary and to Federal, State, and 

25 local law enforcement authorities records of the pur-
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1 chase, sale, or distribution of chemical weapon pre2 cursors. Such records shall be in such form and shall 

3 contain such information as the Secretary shall, by 

4 rule, prescribe. 

5 SEC. 6. PENALTIES FOR VIOLATION. 

6 Any person who violates any provision of this Act or 

7 any regulation under this Act shall be subject to a civil 

8 penalty of not more than $10,000 for a first offense and 

9 not more than $20,000 for a second or subsequent offense. 

10 If such violation was intentional, such person shall be sub11 ject to a criminal penalty of up to 10 years in prison in 

12 addition to such civil penalties.

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