I
107TH CONGRESS
2D SESSION
H. R. 4698
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
MAY 9, 2002
Mr. ENGEL 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. 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 Implementa-
tion 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 per-
son found by the Secretary to meet such qualifica-
tions as the Secretary may, by rule, prescribe to pro-
tect 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. 2. LICENSE REQUIRED.
After December 31, 2002, no person may purchase,
sell, or distribute in interstate commerce any chemical
weapon precursor unless such person is licensed under sec-
tion 3.
SEC. 3. 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 weap-
on precursor.
(b) ISSUANCE.—Upon receiving an application con-
taining 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 sec-
tion 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. 4. REQUIREMENTS FOR MAINTENANCE OF LICENSE.
Each licensee shall comply with each of the following
requirements and such other requirements as the Sec-
retary may establish by rule to carry out the purposes of
this Act:
(1) The licensee shall report any suspicious pur-
chases of chemical weapon precursors.
(2) The licensee shall maintain and make avail-
able to the Secretary and to Federal, State, and
local law enforcement authorities records of the pur-
chase, sale, or distribution of chemical weapon pre-
cursors. Such records shall be in such form and shall
contain such information as the Secretary shall, by
rule, prescribe.
SEC. 5. 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 sub-
ject to a criminal penalty of up to 10 years in prison in
addition to such civil penalties.
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