Us Patriot Act

115 STAT. 396

PUBLIC LAW 107–56—OCT. 26, 2001

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.
Crimes Against
Charitable
Americans Act of
2001.
15 USC 6101
note.
15 USC 6102.

15 USC 6016.

Intergovernmental
relations.

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 Telemarketing 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 telemarketing 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 contribution, 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

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PUBLIC LAW 107–56—OCT. 26, 2001

115 STAT. 397

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 license, 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 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 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 regarding an individual 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 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 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.’’.

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115 STAT. 398
49 USC 5103a
note.

PUBLIC LAW 107–56—OCT. 26, 2001

(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 destruction, 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 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 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 programs 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 disease outbreaks, and other challenges and potential threats
to the public health.

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