328
(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 Transportation has
first determined, upon receipt of a notification 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 li-
cense, includes renewal of the license.
‘‘(b) HAZARDOUS
MATERIALS
DESCRIBED.—The
limitation in subsection (a) shall apply with respect to—
‘‘(1) any material defined as a hazardous mate-
rial 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.—
329
‘‘(1) IN
GENERAL.—Upon the request of a
State regarding issuance of a license described in
subsection (a)(1) to an individual, 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 completion and results of
the background records check.
‘‘(2) SCOPE.—A background records check re-
garding an individual under this subsection shall
consist of the following:
‘‘(A) A check of the relevant criminal his-
tory 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 rel-
evant 
international 
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
330
and in such manner as the Secretary may prescribe, the
name, address, and such other information as the Sec-
retary may require, concerning—
‘‘(1) each alien to whom the State issues a li-
cense described in subsection (a); and
‘‘(2) each other individual to whom such a li-
cense 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 sec-
tions 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 subpara-
graph (A);
(2) by inserting ‘‘and’’ at the end of subpara-
graph (B); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) is licensed by a State to operate the
vehicle after having first been determined under
331
section 5103a of this title as not posing a secu-
rity risk warranting denial of the license.’’.
(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 CON-
CERNING THE PROVISION OF FUNDING FOR
BIOTERRORISM 
PREPAREDNESS 
AND 
RE-
SPONSE.
(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 destruction, including chem-
ical and biological weapons;
332
(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 ad-
vances in agent delivery technology such as
aerosolization that have made weaponization of
certain germs much easier; and
(E) the increasing access to the tech-
nologies and expertise necessary to construct
and deploy chemical and biological weapons of
mass destruction.
(3) Coordination of Federal, State, and local
terrorism research, preparedness, and response pro-
grams must be improved.
(4) States, local areas, and public health offi-
cials 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.
333
(6) Greater resources must be provided to in-
crease 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 in-
crease 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 programs need to utilize private sector ex-
pertise 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 bioter-
rorist attacks, natural infectious disease outbreaks,
and other challenges and potential threats to the
public health.
334
(b) SENSE OF THE SENATE.—It is the sense of the
Senate that the United States should make a substantial
new investment this year toward the following:
(1) Improving State and local preparedness ca-
pabilities by upgrading State and local surveillance
epidemiology, assisting in the development of re-
sponse plans, assuring adequate staffing and train-
ing of health professionals to diagnose and care for
victims of bioterrorism, extending the electronics
communications networks and training personnel,
and improving public health laboratories.
(2) Improving hospital response capabilities by
assisting hospitals in developing plans for a bioter-
rorist attack and improving the surge capacity of
hospitals.
(3) Upgrading the bioterrorism capabilities of
the Centers for Disease Control and Prevention
through improving rapid identification and health
early warning systems.
(4) Improving disaster response medical sys-
tems, such as the National Disaster Medical System
and the Metropolitan Medical Response System and
Epidemic Intelligence Service.
(5) Targeting research to assist with the devel-
opment of appropriate therapeutics and vaccines for
335
likely bioterrorist agents and assisting with expe-
dited drug and device review through the Food and
Drug Administration.
(6) Improving the National Pharmaceutical
Stockpile program by increasing the amount of nec-
essary therapies (including smallpox vaccines and
other post-exposure vaccines) and ensuring the ap-
propriate deployment of stockpiles.
(7) Targeting activities to increase food safety
at the Food and Drug Administration.
(8) Increasing international cooperation to se-
cure dangerous biological agents, increase surveil-
lance, and retrain biological warfare specialists.
SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DO-
MESTIC PREPAREDNESS SUPPORT.
(a) IN GENERAL.—The Office for State and Local
Domestic Preparedness Support of the Office of Justice
Programs shall make a grant to each State, which shall
be used by the State, in conjunction with units of local
government, to enhance the capability of State and local
jurisdictions to prepare for and respond to terrorist acts
including events of terrorism involving weapons of mass
destruction and biological, nuclear, radiological, incen-
diary, chemical, and explosive devices.
336
(b) USE OF GRANT AMOUNTS.—Grants under this
section may be used to purchase needed equipment and
to provide training and technical assistance to State and
local first responders.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be
appropriated to carry out this section such sums as
necessary for each of fiscal years 2002 through
2007.
(2) LIMITATIONS.—Of the amount made avail-
able to carry out this section in any fiscal year not
more than 3 percent may be used by the Attorney
General for salaries and administrative expenses.
(3) MINIMUM AMOUNT.—Each State shall be
allocated in each fiscal year under this section not
less than 0.75 percent of the total amount appro-
priated in the fiscal year for grants pursuant to this
section, except that the United States Virgin Is-
lands, America Samoa, Guam, and the Northern
Mariana Islands each shall be allocated 0.25 per-
cent.
337
SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE
CRIME IDENTIFICATION TECHNOLOGY ACT
FOR ANTITERRORISM GRANTS TO STATES
AND LOCALITIES.
Section 102 of the Crime Identification Technology
Act of 1998 (42 U.S.C. 14601) is amended—
(1) in subsection (b)—
(A) in paragraph (16), by striking ‘‘and’’
at the end;
(B) in paragraph (17), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(18) 
notwithstanding 
subsection 
(c),
antiterrorism purposes as they relate to any other
uses under this section or for other antiterrorism
programs.’’; and
(2) in subsection (e)(1), by striking ‘‘this sec-
tion’’ and all that follows and inserting ‘‘this section
$250,000,000 for each of fiscal years 2002 through
2007.’’.
SEC. 1016. CRITICAL INFRASTRUCTURES PROTECTION.
(a) SHORT TITLE.—This section may be cited as the
‘‘Critical Infrastructures Protection Act of 2001’’.
(b) FINDINGS.—Congress makes the following find-
ings:
338
(1) The information revolution has transformed
the conduct of business and the operations of gov-
ernment as well as the infrastructure relied upon for
the defense and national security of the United
States.
(2) Private business, government, and the na-
tional security apparatus increasingly depend on an
interdependent network of critical physical and in-
formation infrastructures, including telecommuni-
cations, energy, financial services, water, and trans-
portation sectors.
(3) A continuous national effort is required to
ensure the reliable provision of cyber and physical
infrastructure services critical to maintaining the na-
tional defense, continuity of government, economic
prosperity, and quality of life in the United States.
(4) This national effort requires extensive mod-
eling and analytic capabilities for purposes of evalu-
ating appropriate mechanisms to ensure the stability
of these complex and interdependent systems, and to
underpin policy recommendations, so as to achieve
the continuous viability and adequate protection of
the critical infrastructure of the Nation.
(c) POLICY OF THE UNITED STATES.—It is the pol-
icy of the United States—
339
(1) that any physical or virtual disruption of
the operation of the critical infrastructures of the
United States be rare, brief, geographically limited
in effect, manageable, and minimally detrimental to
the economy, human and government services, and
national security of the United States;
(2) that actions necessary to achieve the policy
stated in paragraph (1) be carried out in a public-
private partnership involving corporate and non-gov-
ernmental organizations; and
(3) to have in place a comprehensive and effec-
tive program to ensure the continuity of essential
Federal 
Government 
functions 
under 
all 
cir-
cumstances.
(d) ESTABLISHMENT
OF NATIONAL COMPETENCE
FOR CRITICAL INFRASTRUCTURE PROTECTION.—
(1) SUPPORT
OF
CRITICAL
INFRASTRUCTURE
PROTECTION AND CONTINUITY BY NATIONAL INFRA-
STRUCTURE SIMULATION AND ANALYSIS CENTER.—
There shall be established the National Infrastruc-
ture Simulation and Analysis Center (NISAC) to
serve as a source of national competence to address
critical infrastructure protection and continuity
through 
support 
for 
activities 
related 
to
340
counterterrorism, threat assessment, and risk miti-
gation.
(2) PARTICULAR SUPPORT.—The support pro-
vided under paragraph (1) shall include the fol-
lowing:
(A) Modeling, simulation, and analysis of
the systems comprising critical infrastructures,
including cyber infrastructure, telecommuni-
cations infrastructure, and physical infrastruc-
ture, in order to enhance understanding of the
large-scale complexity of such systems and to
facilitate modification of such systems to miti-
gate the threats to such systems and to critical
infrastructures generally.
(B) Acquisition from State and local gov-
ernments and the private sector of data nec-
essary to create and maintain models of such
systems and of critical infrastructures gen-
erally.
(C) Utilization of modeling, simulation,
and analysis under subparagraph (A) to provide
education and training to policymakers on mat-
ters relating to—
(i) the analysis conducted under that
subparagraph;
341
(ii) the implications of unintended or
unintentional disturbances to critical infra-
structures; and
(iii) responses to incidents or crises
involving critical infrastructures, including
the continuity of government and private
sector activities through and after such in-
cidents or crises.
(D) Utilization of modeling, simulation,
and analysis under subparagraph (A) to provide
recommendations to policymakers, and to de-
partments and agencies of the Federal Govern-
ment and private sector persons and entities
upon request, regarding means of enhancing the
stability of, and preserving, critical infrastruc-
tures.
(3) RECIPIENT OF CERTAIN SUPPORT.—Mod-
eling, simulation, and analysis provided under this
subsection shall be provided, in particular, to rel-
evant Federal, State, and local entities responsible
for critical infrastructure protection and policy.
(e) CRITICAL INFRASTRUCTURE DEFINED.—In this
section, the term ‘‘critical infrastructure’’ means systems
and assets, whether physical or virtual, so vital to the
United States that the incapacity or destruction of such
342
systems and assets would have a debilitating impact on
security, national economic security, national public health
or safety, or any combination of those matters.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized for the Department of Defense for fiscal
year 2002, $20,000,000 for the Defense Threat Reduction
Agency for activities of the National Infrastructure Sim-
ulation and Analysis Center under this section in that fis-
cal year.
Passed the House of Representatives October 24,
2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 3162
AN ACT
To deter and punish terrorist acts in the United
States and around the world, to enhance law en-
forcement investigatory tools, and for other pur-
poses.