datamatters24/research-document-archive huggingface dataset:
HR 4546 IH
ENLISTED MEMBERS 1—Continued
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
E–2 ...
1,290.00
1,290.00
1,290.00
1,290.00
1,290.00
E–1 ...
3 1,150.80
1,150.80
1,150.80
1,150.80
1,150.80
Over 8
Over 10
Over 12
Over 14
Over 16
E–9 2
$0.00
$3,564.30
$3,645.00
$3,747.00
$3,867.00
E–8 ...
2,975.40
3,061.20
3,141.30
3,237.60
3,342.00
E–7 ...
2,667.90
2,753.40
2,838.30
2,990.40
3,066.30
E–6 ...
2,400.90
2,477.40
2,562.30
2,636.70
2,663.10
E–5 ...
2,151.90
2,236.80
2,283.30
2,283.30
2,283.30
E–4 ...
1,824.00
1,824.00
1,824.00
1,824.00
1,824.00
E–3 ...
1,528.80
1,528.80
1,528.80
1,528.80
1,528.80
E–2 ...
1,290.00
1,290.00
1,290.00
1,290.00
1,290.00
E–1 ...
1,150.80
1,150.80
1,150.80
1,150.80
1,150.80
Over 18
Over 20
Over 22
Over 24
Over 26
E–9 2
$3,987.30
$4,180.80
$4,344.30
$4,506.30
$4,757.40
E–8 ...
3,530.10
3,625.50
3,787.50
3,877.50
4,099.20
E–7 ...
3,138.60
3,182.70
3,331.50
3,427.80
3,671.40
E–6 ...
2,709.60
2,709.60
2,709.60
2,709.60
2,709.60
E–5 ...
2,283.30
2,283.30
2,283.30
2,283.30
2,283.30
E–4 ...
1,824.00
1,824.00
1,824.00
1,824.00
1,824.00
E–3 ...
1,528.80
1,528.80
1,528.80
1,528.80
1,528.80
E–2 ...
1,290.00
1,290.00
1,290.00
1,290.00
1,290.00
E–1 ...
1,150.80
1,150.80
1,150.80
1,150.80
1,150.80
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for en-
listed members may not exceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief
Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine
Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $5,732.70, re-
gardless of cumulative years of service computed under section 205 of title 37, United States Code.
3 In the case of members in pay grade E–1 who have served less than 4 months on active duty,
the rate of basic pay is $1,064.70.
SEC. 602. INCREASE BASIC ALLOWANCE FOR SUBSISTENCE
FOR 
MEMBERS 
FORCED 
TO 
PURCHASE
MEALS OUTSIDE MESSING FACILITY.
Section 402(d) of title 37, United States Code, is
amended to read as follows:
‘‘(d) SPECIAL RULE FOR CERTAIN ENLISTED MEM-
BERS.—The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it
is not operating as a service in the Navy, may prescribe
a basic allowance for subsistence rate twice the amount
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prescribed in paragraph (b)(2) for an enlisted member as-
signed to single Government quarters when—
‘‘(1) the Government messing facility that
serves the single Government quarters to which the
member is assigned is not able to make meals avail-
able to the member, and
‘‘(2) there are no adequate food storage or
preparation facilities in the single Government quar-
ters.’’.
SEC. 603. EXTENSION OF BASIC HOUSING ALLOWANCE FOR
LOW COST OR NO COST MOVES TO MOVES
OUTSIDE THE UNITED STATES.
Section 403 of title 37, United States Code, is
amended—
(1) by striking subsection (b)(7);
(2) by redesignating subsections (d) through
(n) as subsections (e) through (o), respectively; and
(3) by inserting after subsection (c) the fol-
lowing new subsection (d):
‘‘(d) LOW-COST OR NO-COST MOVES.—In the case
of a member who is assigned to duty, the location or the
circumstances of which make it necessary that the member
be reassigned under the conditions of low-cost or no-cost
permanent change of station or permanent change of as-
signment, the member may be treated as if the member
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were not reassigned if the Secretary concerned determines
that it would be inequitable to base the member’s entitle-
ment to, and amount of, a basic allowance for housing on
the cost of housing in the area to which the member is
reassigned.’’.
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL
PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Sec-
tion 301b(a) of title 37, United States Code, is amended
by striking ‘‘December 31, 2002’’ and inserting ‘‘Sep-
tember 30, 2004’’.
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEM-
BERS.—Section 308(g) of title 37, United States Code, is
amended by striking ‘‘December 31, 2002’’ and inserting
‘‘September 30, 2004’’.
(c) ENLISTMENT BONUS.—Section 309(e) of title 37,
United States Code, is amended by striking ‘‘December
31, 2002’’ and inserting ‘‘September 30, 2004’’.
(d) RETENTION BONUS FOR MEMBERS QUALIFIED
IN A CRITICAL MILITARY SKILL.—Section 323(i) of title
37, United States Code, is amended by striking ‘‘Decem-
ber 31, 2002’’ and inserting ‘‘September 30, 2004’’.
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after the item relating to section 305a the following new
item:
‘‘305b. Special pay: distribution incentive pay.’’.
Subtitle C—Travel and
Transportation Allowances
SEC. 621. EQUITABLE COMPENSATION SUPPORT FOR MILI-
TARY FUNERAL HONORS.
Section 1491 of title 10, United States Code, is
amended—
(1) in the first sentence of subsection (b)(2), by
striking ‘‘(other than members in a retired status)’’
and inserting ‘‘or military retirees’’.
(2) in subsection (d)—
(A) by amending paragraph (1) to read as
follows:
‘‘Transportation, or a flat rate daily stipend es-
tablished annually by the Secretary of Defense that
will encompass costs for transportation and other
miscellaneous expenses for a person who participates
in the funeral honors detail and is not a member of
the armed forces or an employee of the United
States.’’;
(B) in paragraph (2), by inserting ‘‘mili-
tary retirees,’’ after ‘‘training for’’; and
(C) by adding at the end the following new
paragraph:
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‘‘(4) Notwithstanding any other provision of
law, the stipend paid under this subsection to a re-
tired member of the armed forces shall be in addi-
tion to any other compensation authorized to which
the retired member may be entitled.’’.
SEC. 622. EXPANSION OF OVERSEAS TOUR EXTENSION BEN-
EFITS.
Section 705(b)(2) of title 10, United States Code, is
amended to read as follows:
‘‘(2) a period of rest and recuperation absence
for not more than 15 days and round-trip transpor-
tation at Government expense from the location of
the extended tour of duty to the nearest port in the
48 contiguous States, or to an alternate location at
a cost not to exceed the cost to the nearest port in
the 48 contiguous States, and return.’’.
SEC. 623. EXTENSION OF PERIOD FOR USE OF LEAVE TRAV-
EL ENTITLEMENT FOR CONSECUTIVE OVER-
SEAS TOURS.
Section 411b(a)(2) of title 37, United States Code,
is amended to read as follows:
‘‘(2) Under the regulations referred to in para-
graph (1), a member may defer the travel for which
the member is paid travel and transportation allow-
ances under such paragraph until any time before
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the completion of that consecutive tour of duty at
the same duty station or at another duty station also
outside the 48 contiguous States and the District of
Columbia, as the case may be.’’.
Subtitle D—Retirement and
Survivor Benefit Matters
SEC. 631. CLARIFICATION OF DISABILITY SEVERANCE PAY
COMPUTATION.
Paragaph (2) of section 1212(a) of title 10, United
States Code, is amended—
(1) in subparagraph (C) by striking ‘‘for pro-
motion’’; and
(2) in subparagraph (D) by striking ‘‘for pro-
motion’’ after ‘‘examination’’.
SEC. 632. AUTHORITY TO INCREASE RETIRED PAY FOR EN-
LISTED RESERVE COMPONENT PERSONNEL
DECORATED FOR EXTRAORDINARY HEROISM.
Section 12739 of title 10, United States Code, is
amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively;
(2) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) If a member who is retired under section 12731
of this title has been credited by the Secretary concerned
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with extraordinary heroism in the line of duty, the mem-
ber’s retired pay shall be increased by 10 percent of the
amount determined under subparagraph (a) (but to not
more than 75 percent of the retired pay base upon which
the computation of such retired pay is based). The Sec-
retary’s determination as to extraordinary heroism is con-
clusive for all purposes.’’; and
(3) by amending subsection (c), as redesignated
by paragraph (1), to read as follows:
‘‘(c) The amount computed under subsection (a), to
include the increase authorized in subsection (b) when ap-
propriate, may not exceed 75 percent of the retired pay
base upon which the computation is based.’’.
SEC. 633. SURVIVOR BENEFIT PLAN; MULTIPLE BENE-
FICIARIES.
(a) PERMIT SPOUSE AND FORMER SPOUSE COV-
ERAGE.—Section 1448(b)(2) of title 10, United States
Code, related to former spouse coverage upon becoming
a participant in the Plan, is amended—
(1) in subparagraph (B), related to the effect of
former spouse election on spouse or dependent
child—
(A) by striking ‘‘prevents payment’’ and
inserting ‘‘reduces the amount,’’; and
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(B) by striking ‘‘including payment’’ and
inserting ‘‘including the amount of an annuity’’.
(2) in subparagraph (C), related to designation
if more than one former spouse, by striking ‘‘which
former spouse is to be provided the annuity,’’ and
inserting ‘‘the base amount applicable in deter-
mining the amount of the annuity of each former
spouse.’’.
(b) PERMIT SPOUSE AND FORMER SPOUSE ANNU-
ITIES.—Section 1450(a)(1) of such title 10, related to
payment of annuity to surviving spouse and former
spouse, is amended to read as follows:
‘‘(1) 
SURVIVING
SPOUSE
AND
FORMER
SPOUSE(S).—The eligible surviving spouse and every
eligible former spouse.’’.
(c) PERMIT REDUCTIONS IN RETIRED PAY IN THE
CASE OF MULTIPLE BENEFICIARIES.—Section 1452 of
such title 10, related to reduction in retired pay, is amend-
ed by adding at the end thereof the following new sub-
section (k) as follows:
‘‘(k) REDUCTIONS IN RETIRED PAY IN THE CASE OF
MULTIPLE BENEFICIARIES.—When a participant in the
Plan has elected to provide an annuity to a spouse and
to one or more former spouses, reductions in retired pay
required by subsection (a) shall be made for each annuity
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elected, in an amount based on the base amount applicable
to each annuity. In the case of a reduction in retired pay
to provide an annuity to a former spouse to whom pay-
ment of a portion of a member’s retired pay is being made
pursuant to a court order under section 1408 of this title,
such reduction in retired pay shall be deducted from the
amounts paid to such member, to such former spouse, or
both, as provided by court order or by agreement of the
parties.’’.
(d) EFFECTIVE DATE.—The amendments made by
subsections (a), (b), and (c) apply with respect to elections
made on or after the date of enactment of this Act. Any
election to provide an annuity to a spouse or former
spouse who was prevented from being a beneficiary under
the laws in effect before the date of enactment of this Act
shall be made within 180 days following the date of enact-
ment of this Act.
(e) COVERAGE
FOR SURVIVORS
OF RETIREMENT-
ELIGIBLE MEMBERS WHO DIE ON ACTIVE DUTY.—(1)
Section 1448(d)(3) of such title 10, related to mandatory
former spouse annuity for survivor of retirement-eligible
members who die on active duty, is amended by striking
the dash following ‘‘the Secretary’’ and ‘‘(A) may not pay
an annuity under paragraph (1) or (2); but (B)’’.
HR 4546 IH
(2) Section 1448(d)(5) of such title 10, related to the
computation of the amount of an annuity for survivors of
retirement-eligible members who die on active duty, is
amended to read as follows:
‘‘(5) COMPUTATION.—(A) The amount of an
annuity payable to a former spouse pursuant to
paragraph (3) shall be computed on the basis of a
base amount equal to the amount of retired pay
that, under the authority of section 1408(c) of this
title, is treated under a court order or spousal agree-
ment as the property of such former spouse.
‘‘(B) The amount of an annuity payable under
paragraph (1) or paragraph (2) shall be computed
under section 1451(c) of this title, however, the re-
tired pay otherwise applicable with respect to such
computation shall be reduced by an amount equal to
the base amount that provides the basis for com-
puting the amount of an annuity payable to a
former spouse under paragraph (3) this sub-
section.’’.
(3) EFFECTIVE DATE.—The amendments made by
subsection (e) shall apply with respect to survivors of re-
tirement-eligible members who die on active duty on or
after the date of enactment of this Act.
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(f) COVERAGE FOR SURVIVORS OF PERSONS DYING
WHEN ELIGIBLE TO ELECT RESERVE-COMPONENT AN-
NUITY.—(1) Section 1448(f)(3) of such title 10, related
to mandatory former spouse annuity for survivor of per-
sons dying when eligible to elect reserve-component annu-
ity, is amended by striking the dash following ‘‘the Sec-
retary’’ and ‘‘(A) may not pay an annuity under para-
graph (1) or (2); but (B)’’.
(2) Section 1448(f)(4) of such title 10, related to the
computation of the amount of an annuity for survivors of
persons dying when eligible to elect reserve-component an-
nuity, is amended to read as follows:
‘‘(4) COMPUTATION.—(A) The amount of an
annuity payable to a former spouse pursuant to
paragraph (3) shall be computed on the basis of a
base amount equal to the amount of retired pay
that, under the authority of section 1408(c) of this
title, is treated under a court order or spousal agree-
ment as the property of such former spouse.
‘‘(B) The amount of an annuity payable under
paragraph (1) or paragraph (2) shall be computed
under section 1451(c) of this title, however, the re-
tired pay otherwise applicable with respect to such
computation shall be reduced by an amount equal to
the base amount that provides the basis for com-
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puting the amount of an annuity payable to a
former spouse under paragraph (3) of this sub-
section.’’.
(3) EFFECTIVE DATE.—The amendments made by
subsection (f) shall apply with respect to survivors of per-
sons eligible to elect reserve-component annuity retire-
ment-eligible members who die on or after the date of en-
actment of this Act.
SEC. 634. SURVIVOR BENEFIT PLAN; PRESUMPTIVE PRO-
PORTIONATE SHARE.
(a) PRESUMPTIVE BASE AMOUNT
FOR FORMER
SPOUSE.—Section 1447(6) of title 10, United States
Code, is amended by adding at the end the following new
subparagraph:
‘‘(D) 
PRESUMPTIVE
PROPORTIONATE
AMOUNT FOR FORMER SPOUSE.—In the case of
an annuity provided under the Plan for a
former spouse, unless otherwise agreed to by
the member and former spouse or ordered by a
court, such term means any amount of monthly
retired pay, which is not less than $300, pay-
able to such former spouse as a result of a
court treating disposable retired pay of a mem-
ber as the property of the member and his
spouse under the authority of section 1408(c).’’.
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(b) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to divorces, dissolu-
tions, annulments, and legal separations that become ef-
fective after the end of the 90-day period beginning on
the date of enactment of this Act.
SEC. 635. SURVIVOR BENEFIT PLAN; FINANCIAL RESPONSI-
BILITY FOR SURVIVOR BENEFIT PLAN PAR-
TICIPATION.
(a) CHANGE TO DISPOSABLE RETIRED PAY.—Sec-
tion 1452(a) of title 10, United States Code, is amended—
(1) in paragraph (1), by inserting ‘‘paragraph
6 of this subsection or’’ before ‘‘subsection b’’; and
(2) by adding at the end the following new
paragraph:
‘‘(6) If a court order requires the former spouse
to pay all or a part of the costs associated with pro-
viding an annuity to the former spouse, the partici-
pant’s retired pay shall not be reduced by the por-
tion that the former spouse is required to pay.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to divorces, dissolu-
tions, annulments, or legal separations that become effec-
tive after the end of the 90-day period beginning on the
date of enactment of this Act and with respect to court
orders issued after the date of enactment of this Act modi-
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fying court orders issued before the date of enactment of
this Act.
Subtitle E—Other Matters
SEC. 641. REPEAL OF LIMITED EXEMPTION FROM BAN ON
HONORARIA FOR PERSONNEL AT CERTAIN
DEPARTMENT OF DEFENSE SCHOOLS.
Section 542 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2413) is repealed.
TITLE VII—HEALTH CARE
PROVISIONS
Subtitle A—TRICARE Program
Improvements
SEC. 701. IMPROVEMENT IN THE ADMINISTRATION OF THE
TRICARE PROGRAM.
Section 1072(7) of title 10, United States Code, is
amended by striking ‘‘the competitive selection of contrac-
tors to financially underwrite the delivery of health care
services’’ and inserting ‘‘the competitive selection of con-
tractors to support most effectively the delivery of health
care services’’.
SEC. 702. DEPENDENT DENTAL CARE ENHANCEMENTS.
(a) ENABLE DEPENDENTS OF MEMBERS WHO DIE
WHILE ON ACTIVE DUTY FOR MORE THAN 30 DAYS TO
ENROLL
IN
TRICARE DENTAL
PROGRAM.—Section
228
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(c) REPEAL OF SUPERCEDED PROVISIONS.—(1) Sec-
tions 4835 and 9835 of title 10, United States Code, are
repealed.
(2)(A) The table of sections at the beginning of chap-
ter 453 of such title is amended by striking the item relat-
ing to section 4835.
(B) The table of sections at the beginning of chapter
953 of such title is amended by striking the item relating
to section 9835.
SEC. 1004. ACCOUNTABLE OFFICIALS IN THE DEPARTMENT
OF DEFENSE.
(a) ACCOUNTABLE OFFICIALS WITHIN THE DEPART-
MENT OF DEFENSE.—Chapter 165 of title 10, United
States Code, is amended by inserting after section 2773
the following new section:
‘‘§ 2773a. Departmental accountable officials
‘‘(a) DESIGNATION.—(1) The Secretary of Defense
may designate as a ‘departmental accountable official’ any
civilian employee of the Department of Defense or member
of the armed forces under the Secretary’s jurisdiction who
is described in paragraph (2). Any such designation shall
be in writing.
‘‘(2) An employee or member of the armed forces de-
scribed in this paragraph is an employee or member who
is responsible in the performance of the employee’s or
II
Calendar No. 379
107TH CONGRESS
2D SESSION
H. R. 4546
IN THE SENATE OF THE UNITED STATES
MAY 14 (legislative day, MAY 9), 2002
Received
MAY 16 (legislative day, MAY 9), 2002
Read twice and placed on the calendar
AN ACT
To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Depart-
ment of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes.
107
HR 4546 PCS
Subtitle D—Education and
Training
SEC. 531. AUTHORITY FOR PHASED INCREASE TO 4,400 IN
AUTHORIZED STRENGTHS FOR THE SERVICE
ACADEMIES.
(a) MILITARY ACADEMY.—Section 4342 of title 10,
United States Code, is amended—
(1) in subsection (a), by inserting before the pe-
riod at the end of the first sentence the following:
‘‘or such higher number as may be prescribed by the
Secretary of the Army under subsection (j)’’; and
(2) by adding at the end the following new sub-
section:
‘‘(j)(1) Beginning with the 2003–2004 academic
year, the Secretary of the Army may prescribe annual in-
creases in the cadet strength limit in effect under sub-
section (a). For any academic year, any such increase shall
be by no more than 100 cadets or such lesser number as
applies under paragraph (3) for that year. Such annual
increases may be prescribed until the cadet strength limit
is 4,400. However, no increase may be prescribed for any
academic year after the 2007–2008 academic year.
‘‘(2) Any increase in the cadet strength limit under
paragraph (1) with respect to an academic year shall be
prescribed not later than the date on which the budget
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SEC. 215. TECHNOLOGY TRANSITION INITIATIVE.
(a) ESTABLISHMENT AND CONDUCT.—Chapter 139
of title 10, United States Code, is amended by inserting
after section 2359 the following new section:
‘‘§ 2359a. Technology Transition Initiative
‘‘(a) INITIATIVE REQUIRED.—The Secretary of De-
fense, acting through the Under Secretary of Defense for
Acquisition, Technology, and Logistics, shall carry out an
initiative, to be known as the Technology Transition Ini-
tiative (hereinafter in this section referred to as the ‘Ini-
tiative’), to facilitate the rapid transition of new tech-
nologies from science and technology programs of the De-
partment of Defense into acquisition programs of the De-
partment for the production of such technologies.
‘‘(b) OBJECTIVES.—The Initiative shall have the fol-
lowing objectives:
‘‘(1) To accelerate the introduction of new tech-
nologies into appropriate acquisition programs.
‘‘(2) To successfully demonstrate new tech-
nologies in relevant environments.
‘‘(3) To ensure that new technologies are suffi-
ciently mature for production.
‘‘(c) MANAGEMENT OF INITIATIVE.—(1) The Initia-
tive shall be managed by a senior official in the Office
of the Secretary of Defense designated by the Secretary
(hereinafter in this section referred to as the ‘Manager’).
I
#
107TH CONGRESS
2D SESSION
H. R. 4621
To amend title 38, United States Code, to authorize additional compensation
to be paid to certain veterans in receipt of compensation for a service-
connected disability rated totally disabling for whom a family member
dependent on the veteran for support provides care.
IN THE HOUSE OF REPRESENTATIVES
APRIL 30, 2002
Mr. PETERSON of Minnesota (for himself, Mr. MCGOVERN, Mr. ROHR-
ABACHER, Mr. LYNCH, Mr. FALEOMAVAEGA, Mr. KILDEE, Mr. SANDERS,
and Ms. ROS-LEHTINEN) introduced the following bill; which was referred
to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to authorize addi-
tional compensation to be paid to certain veterans in
receipt of compensation for a service-connected disability
rated totally disabling for whom a family member de-
pendent on the veteran for support provides care.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Disabled Veterans’
Caregiver Compensation Act’’.
140
‘‘(B) to remedy a violation of this chapter
caused by the tobacco product which may
present a risk to health.
A tobacco product manufacturer or importer of a to-
bacco product who undertakes a corrective action or
removal from the market of a tobacco product which
is not required to be reported under this subsection
shall keep a record of such correction or removal.
‘‘(2) No report of the corrective action or re-
moval of a tobacco product may be required under
paragraph (1) if a report of the corrective action or
removal is required and has been submitted under
subsection (a) of this section.
‘‘SEC. 910. PREMARKET REVIEW OF CERTAIN TOBACCO
PRODUCTS.
‘‘(a) IN GENERAL.—
‘‘(1) PREMARKET APPROVAL REQUIRED.—Ap-
proval under this section of an application for pre-
market approval for any tobacco product that is not
commercially marketed (other than for test mar-
keting) in the United States as of the date of intro-
duction of the National Cancer Act of 2002, such
approval, is required unless the manufacturer has
submitted a report under section 905(j), and the
Secretary has issued an order that the tobacco prod-
141
uct is substantially equivalent to a tobacco product
commercially marketed (other than for test mar-
keting) in the United States as of the date of intro-
duction of the National Cancer Act of 2002, that is
in compliance with the requirements of this Act.
‘‘(2) SUBSTANTIALLY EQUIVALENT DEFINED.—
‘‘(A) For purposes of this section and sec-
tion 905(j), the term ‘substantially equivalent’
or ‘substantial equivalence’ mean, with respect
to the tobacco product being compared to the
predicate tobacco product, that the Secretary by
order has found that the tobacco product—
‘‘(i) has the same characteristics as
the predicate tobacco product; or
‘‘(ii) has different characteristics and
the information submitted contains infor-
mation, including clinical data if deemed
necessary by the Secretary, that dem-
onstrates that it is not appropriate to reg-
ulate the product under this section be-
cause the product does not raise different
questions of public health.
‘‘(B) For purposes of subparagraph (A),
the term ‘characteristics’ means the materials,