H. R. 3162—124
SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER
SCANNING 
SYSTEM 
WITH 
ACCESS 
TO 
THE 
FBI
INTEGRATED AUTOMATED FINGERPRINT IDENTIFICA-
TION SYSTEM AT OVERSEAS CONSULAR POSTS AND
POINTS OF ENTRY TO THE UNITED STATES.
(a) IN GENERAL.—The Attorney General, in consultation with
the Secretary of State and the Secretary of Transportation, shall
conduct a study on the feasibility of utilizing a biometric identifier
(fingerprint) scanning system, with access to the database of the
Federal Bureau of Investigation Integrated Automated Fingerprint
Identification System, at consular offices abroad and at points of
entry into the United States to enhance the ability of State Depart-
ment and immigration officials to identify aliens who may be wanted
in connection with criminal or terrorist investigations in the United
States or abroad prior to the issuance of visas or entry into the
United States.
(b) REPORT TO CONGRESS.—Not later than 90 days after the
date of the enactment of this Act, the Attorney General shall
submit a report summarizing the findings of the study authorized
under subsection (a) to the Committee on International Relations
and the Committee on the Judiciary of the House of Representatives
and the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate.
SEC. 1009. STUDY OF ACCESS.
(a) IN GENERAL.—Not later than 120 days after enactment
of this Act, the Federal Bureau of Investigation shall study and
report to Congress on the feasibility of providing to airlines access
via computer to the names of passengers who are suspected of
terrorist activity by Federal officials.
(b) AUTHORIZATION.—There are authorized to be appropriated
not more than $250,000 to carry out subsection (a).
SEC. 1010. TEMPORARY AUTHORITY TO CONTRACT WITH LOCAL AND
STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY
FUNCTIONS AT UNITED STATES MILITARY INSTALLA-
TIONS.
(a) IN GENERAL.—Notwithstanding section 2465 of title 10,
United States Code, during the period of time that United States
armed forces are engaged in Operation Enduring Freedom, and
for the period of 180 days thereafter, funds appropriated to the
Department of Defense may be obligated and expended for the
purpose of entering into contracts or other agreements for the
performance of security functions at any military installation or
facility in the United States with a proximately located local or
State government, or combination of such governments, whether
or not any such government is obligated to provide such services
to the general public without compensation.
(b) TRAINING.—Any contract or agreement entered into under
this section shall prescribe standards for the training and other
qualifications of local government law enforcement personnel who
perform security functions under this section in accordance with
criteria established by the Secretary of the service concerned.
(c) REPORT.—One year after the date of enactment of this
section, the Secretary of Defense shall submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives describing the use of the authority granted under
H. R. 3162—125
this section and the use by the Department of Defense of other
means to improve the performance of security functions on military
installations and facilities located within the United States.
SEC. 1011. CRIMES AGAINST CHARITABLE AMERICANS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Crimes
Against Charitable Americans Act of 2001’’.
(b) TELEMARKETING AND CONSUMER FRAUD ABUSE.—The Tele-
marketing and Consumer Fraud and Abuse Prevention Act (15
U.S.C. 6101 et seq.) is amended—
(1) in section 3(a)(2), by inserting after ‘‘practices’’ the
second place it appears the following: ‘‘which shall include
fraudulent charitable solicitations, and’’;
(2) in section 3(a)(3)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(D) a requirement that any person engaged in tele-
marketing for the solicitation of charitable contributions,
donations, or gifts of money or any other thing of value,
shall promptly and clearly disclose to the person receiving
the call that the purpose of the call is to solicit charitable
contributions, donations, or gifts, and make such other
disclosures as the Commission considers appropriate,
including the name and mailing address of the charitable
organization on behalf of which the solicitation is made.’’;
and
(3) in section 7(4), by inserting ‘‘, or a charitable contribu-
tion, donation, or gift of money or any other thing of value,’’
after ‘‘services’’.
(c) RED CROSS MEMBERS OR AGENTS.—Section 917 of title 18,
United States Code, is amended by striking ‘‘one year’’ and inserting
‘‘5 years’’.
(d) TELEMARKETING FRAUD.—Section 2325(1) of title 18, United
States Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by striking the comma at the
end and inserting ‘‘; or’’;
(3) by inserting after subparagraph (B) the following:
‘‘(C) a charitable contribution, donation, or gift of
money or any other thing of value,’’; and
(4) in the flush language, by inserting ‘‘or charitable
contributor, or donor’’ after ‘‘participant’’.
SEC. 1012. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.
(a) LIMITATION.—
(1) IN GENERAL.—Chapter 51 of title 49, United States
Code, is amended by inserting after section 5103 the following
new section:
‘‘§ 5103a. Limitation on issuance of hazmat licenses
‘‘(a) LIMITATION.—
‘‘(1) ISSUANCE
OF
LICENSES.—A State may not issue to
any individual a license to operate a motor vehicle transporting
in commerce a hazardous material unless the Secretary of
H. R. 3162—126
Transportation has first determined, upon receipt of a notifica-
tion under subsection (c)(1)(B), that the individual does not
pose a security risk warranting denial of the license.
‘‘(2) RENEWALS INCLUDED.—For the purposes of this section,
the term ‘issue’, with respect to a license, includes renewal
of the license.
‘‘(b) HAZARDOUS MATERIALS DESCRIBED.—The limitation in sub-
section (a) shall apply with respect to—
‘‘(1) any material defined as a hazardous material by the
Secretary of Transportation; and
‘‘(2) any chemical or biological material or agent determined
by the Secretary of Health and Human Services or the Attorney
General as being a threat to the national security of the United
States.
‘‘(c) BACKGROUND RECORDS CHECK.—
‘‘(1) IN GENERAL.—Upon the request of a State regarding
issuance of a license described in subsection (a)(1) to an indi-
vidual, the Attorney General—
‘‘(A) shall carry out a background records check
regarding the individual; and
‘‘(B) upon completing the background records check,
shall notify the Secretary of Transportation of the comple-
tion and results of the background records check.
‘‘(2) SCOPE.—A background records check regarding an indi-
vidual under this subsection shall consist of the following:
‘‘(A) A check of the relevant criminal history data bases.
‘‘(B) In the case of an alien, a check of the relevant
data bases to determine the status of the alien under
the immigration laws of the United States.
‘‘(C) As appropriate, a check of the relevant inter-
national data bases through Interpol–U.S. National Central
Bureau or other appropriate means.
‘‘(d) REPORTING REQUIREMENT.—Each State shall submit to the
Secretary of Transportation, at such time and in such manner
as the Secretary may prescribe, the name, address, and such other
information as the Secretary may require, concerning—
‘‘(1) each alien to whom the State issues a license described
in subsection (a); and
‘‘(2) each other individual to whom such a license is issued,
as the Secretary may require.
‘‘(e) ALIEN DEFINED.—In this section, the term ‘alien’ has the
meaning given the term in section 101(a)(3) of the Immigration
and Nationality Act.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5103 the following new item:
‘‘5103a. Limitation on issuance of hazmat licenses.’’.
(b) REGULATION OF DRIVER FITNESS.—Section 31305(a)(5) of
title 49, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (A);
(2) by inserting ‘‘and’’ at the end of subparagraph (B);
and
(3) by adding at the end the following new subparagraph:
‘‘(C) is licensed by a State to operate the vehicle after
having first been determined under section 5103a of this
title as not posing a security risk warranting denial of
the license.’’.
H. R. 3162—127
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Department of Transportation and the
Department of Justice such amounts as may be necessary to carry
out section 5103a of title 49, United States Code, as added by
subsection (a).
SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING
THE 
PROVISION 
OF 
FUNDING 
FOR 
BIOTERRORISM
PREPAREDNESS AND RESPONSE.
(a) FINDINGS.—The Senate finds the following:
(1) Additional steps must be taken to better prepare the
United States to respond to potential bioterrorism attacks.
(2) The threat of a bioterrorist attack is still remote, but
is increasing for a variety of reasons, including—
(A) public pronouncements by Osama bin Laden that
it is his religious duty to acquire weapons of mass destruc-
tion, including chemical and biological weapons;
(B) the callous disregard for innocent human life as
demonstrated by the terrorists’ attacks of September 11,
2001;
(C) the resources and motivation of known terrorists
and their sponsors and supporters to use biological warfare;
(D) recent scientific and technological advances in
agent delivery technology such as aerosolization that have
made weaponization of certain germs much easier; and
(E) the increasing access to the technologies and exper-
tise necessary to construct and deploy chemical and
biological weapons of mass destruction.
(3) Coordination of Federal, State, and local terrorism
research, preparedness, and response programs must be
improved.
(4) States, local areas, and public health officials must
have enhanced resources and expertise in order to respond
to a potential bioterrorist attack.
(5) National, State, and local communication capacities
must be enhanced to combat the spread of chemical and
biological illness.
(6) Greater resources must be provided to increase the
capacity of hospitals and local health care workers to respond
to public health threats.
(7) Health care professionals must be better trained to
recognize, diagnose, and treat illnesses arising from biochemical
attacks.
(8) Additional supplies may be essential to increase the
readiness of the United States to respond to a bio-attack.
(9) Improvements must be made in assuring the safety
of the food supply.
(10) New vaccines and treatments are needed to assure
that we have an adequate response to a biochemical attack.
(11) Government research, preparedness, and response pro-
grams need to utilize private sector expertise and resources.
(12) Now is the time to strengthen our public health system
and ensure that the United States is adequately prepared to
respond to potential bioterrorist attacks, natural infectious dis-
ease outbreaks, and other challenges and potential threats
to the public health.