II 109th CONGRESS 2d Session S. 3799 IN THE SENATE OF THE UNITED STATES August 3, 2006 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Department of Homeland Security to regulate retail sales of hydrogen cyanide and its salts, and to require the Department of Homeland Security and Department of Justice to conduct a joint study about the risk of use of commercial products including cyanide by terrorists and potential preventative regulations.

1.

Short title

This Act may be cited as the Cyanide Safety Act of 2006.

2.

Requirement to license and record

(a)

In general

The Secretary of Homeland Security (referred to in this Act as the Secretary) shall issue such regulations as may be necessary to— (1)require any person who sells or otherwise transfers, at a retail level, hydrogen cyanide and its salts to obtain a license for such sale from the Secretary; and (2)require any person who sells or otherwise transfers, at a retail level, hydrogen cyanide and its salts to record such sale or transfer, including the identity of the person purchasing or otherwise receiving such cyanide, the address for such person, and the intended use of such cyanide. (b)

Records

Records collected pursuant to this section shall be available for such use, and retained for such period, as the Secretary shall by regulation require.

3.

Study

(a)

In general

The Secretary and the Attorney General shall conduct a study of the manufacturing and distribution process of cyanide with a view to determining methods, procedures, or other actions which might be taken, employed, or otherwise carried out in connection with such manufacturing and distribution in order to safeguard the public from the wrongful use of cyanide with a focus on such use by terrorists. (b)

Focus of study

The study required by subsection (a) shall include— (1)an assessment of the risks of commercial products that contain cyanide and how they might be used by terrorists; (2)a determination of the sources of cyanide, including the name and location of each manufacturer thereof; (3)an evaluation of the means and methods utilized by the manufacturer and others in the distribution of cyanide, including the name and location of each such distributor; (4)an evaluation of the procedures employed in connection with the selling, at the wholesale and retail level, of cyanide, including a determination as to whether or not persons selling cyanide require the intended purchaser to identify himself or herself; (5)a determination as to the extent to which recordkeeping requirements are imposed on, or carried out by, manufacturers of cyanide with respect to the specifications of each lot of cyanide produced by such manufacturer; (6)a determination as to the feasibility and desirability of establishing a central registry of all lot specifications of cyanide for the purpose of providing quick access to investigative and law enforcement agencies; (7)a consideration and review of all aspects of the matter of interstate versus intrastate to the extent that it involves the manufacturing, distribution, or use of cyanide; (8)a determination as to the feasibility and desirability of requiring limited-access storage for cyanide at universities, laboratories, and other institutions that use cyanide for research or other purposes; and (9)a determination as to the feasibility and desirability of regulating, in accordance with the provisions of section 1, other chemicals that are commonly available and pose a significant risk if used by terrorists. (c)

Report

On or before the expiration of the 270-day period following the date of the enactment of this Act, the Secretary and the Attorney General shall report the results of such study to Congress, together with their recommendations with respect thereto.

4.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.