datamatters24/research-document-archive huggingface dataset:
II
Calendar No. 312
107TH CONGRESS
2D SESSION
H. R. 3441
IN THE SENATE OF THE UNITED STATES
DECEMBER 12, 2001
Received
DECEMBER 20 (legislative day, DECEMBER 18), 2001
Read the first time
JANUARY 23, 2002
Read the second time and placed on the calendar
AN ACT
To amend title 49, United States Code, to realign the policy
responsibility in the Department of Transportation, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 3441 PCS
SECTION 1. REALIGNMENT OF POLICY RESPONSIBILITY IN
THE DEPARTMENT OF TRANSPORTATION.
(a) Section 102 of title 49, United States Code, is
amended—
(1) by redesignating subsection (d) as sub-
section (g);
(2) by inserting a new subsection (d) as follows:
‘‘(d) The Department has an Under Secretary of
Transportation for Policy appointed by the President, by
and with the advice and consent of the Senate. The Under
Secretary shall provide leadership in the development of
policy for the Department, supervise the policy activities
of Assistant Secretaries with primary responsibility for
aviation, international, and other transportation policy de-
velopment and carry out other powers and duties pre-
scribed by the Secretary. The Under Secretary acts for
the Secretary when the Secretary and the Deputy Sec-
retary are absent or unable to serve, or when the offices
of Secretary and Deputy Secretary are vacant.’’; and
(3) in subsection (e) by striking ‘‘Secretary and
the Deputy Secretary’’ each place it appears in the
last sentence and inserting ‘‘Secretary, Deputy Sec-
retary, and Under Secretary of Transportation for
Policy’’.
(b) Section 102 of title 49, United States Code, is
further amended by striking subsection (g), as redesig-
HR 3441 PCS
nated by subsection (a)(1), on the date that an individual
is appointed to the position of Under Secretary of Trans-
portation for Policy under section 102(d), as added by
subsection (a)(2).
SEC. 2. ASSISTANT SECRETARY FOR PUBLIC AFFAIRS.
Section 102(e) of title 49, United States Code, is
amended by striking ‘‘4 Assistant Secretaries’’ and insert-
ing ‘‘5 Assistant Secretaries’’.
SEC. 3. POSITIONS IN EXECUTIVE SERVICE.
(a) Section 5314 of title 5, United States Code, is
amended by inserting before
‘‘Administrator of the National Highway Traf-
fic Safety Administration.’’
the following:
‘‘Under Secretary of Transportation for Pol-
icy.’’.
(b) Section 5315 of title 5, United States Code, is
amended by striking
‘‘Assistant Secretaries of Transportation (4).’’
and inserting the following:
‘‘Assistant Secretaries of Transportation (5).’’.
(c) Effective on the date that an individual is ap-
pointed to the position of Under Secretary of Transpor-
tation for Policy under section 102(d) of title 49, United
States Code, as added by section 1(a)(2) of this Act, sec-
HR 3441 PCS
tion 5316 of title 5, United States Code, is amended by
striking ‘‘Associate Deputy Secretary, Department of
Transportation.’’.
Passed the House of Representatives December 11,
2001.
Attest:
JEFF TRANDAHL,
Clerk.
‘‘(e) ADMINISTRATION.—Subject to valid existing 
rights, the Wilderness shall be administered by the Sec-
retary, in accordance with the applicable provisions of the 
Wilderness Act (16 U.S.C. 1131 et seq.) governing areas des-
ignated by that Act as wilderness areas, except that—
‘‘(1) any reference in such provisions to the effec-
tive date of that Act shall be deemed to be a reference 
to the effective date of this Act; and 
‘‘(2) where appropriate, any reference in that 
Act to the Secretary of Agriculture shall be deemed to 
be a reference to the Secretary. 
‘‘(f) EFFECT.—Any person with a right to utility serv-
ice on Cumberland Island on the date of enactment of this 
subsection shall continue to have the right to utility service 
in the Wilderness after the date of enactment of this sub-
section. 
‘‘(g) MANAGEMENT PLAN FOR ACCESS TO MAIN ROAD 
AND NORTH CUT ROAD.—Not later than one year after the 
date of the enactment of the Cumberland Island Wilderness 
Boundary Adjustment Act of 2004, the Secretary shall com-
plete a management plan to ensure that not more than 8 
and not less than 5 round trips are made available daily 
on the Main Road north of the Plum Orchard Spur and 
the North Cut Road by the National Park Service or a con-
to investment in any option available with respect to 
the Tier II Investment Fund. 
‘‘(2) MINIMUM DEPOSIT BALANCE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘minimum deposit balance’ 
means an amount equal to $10,000. 
‘‘(B) ADJUSTMENTS.—The Board shall ad-
just annually (effective for years after Decem-
ber 2005) the dollar amount set forth in sub-
paragraph (A) under procedures providing for 
adjustments in the same manner and to the 
same extent as adjustments are provided for 
under the procedures used to adjust benefit 
amounts under section 215(i)(2)(A), except that 
any amount so adjusted that is not a multiple 
of $1.00 shall be rounded to the nearest mul-
tiple of $1.00. 
‘‘(3) SUBSEQUENT INVESTMENT.—At any time 
after a participant’s first election of a Tier III in-
vestment account pursuant to paragraph (1), the 
participant may invest any portion of the balance 
credited to the participant’s part B totalization ac-
count in a Tier III investment account, the Tier II 
Investment Fund, or any combination thereof, as 
elected by the participant from time to time in ac-
(A) by striking subsection (e);
(B) 
by 
redesignating 
subsections 
(a)
through (d) as subsections (b) through (e), re-
spectively; and
(C) by inserting before subsection (b), as
redesignated, the following:
‘‘(a) In this section—
‘‘(1) the term ‘acceptance point’ means the
point at which nonpriority bypass mail originates;
‘‘(2) the terms ‘air carrier’, ‘interstate air
transportation’, and ‘foreign air transportation’ have
the meanings given such terms in section 40102(a)
of title 49, U.S.C.;
‘‘(3) the term ‘base fare’ is the fare paid to the
carrier issuing the passenger ticket or carrying
nonmail freight which may entail service being pro-
vided by more than 1 carrier;
‘‘(4) the term ‘bush carrier’ means a carrier op-
erating aircraft certificated within the payload ca-
pacity requirements of subsection (g)(1)(D)(i) on a
city pair route;
‘‘(5) the term ‘bush passenger carrier’ means a
passenger carrier that meets the requirements of
subsection (g)(1)(D)(i) and provides passenger serv-
ice on a city pair route;
HR 3442 RDS
mitted under subsection (c), the Commission shall submit
for consideration to the Committee on Transportation and
Infrastructure of the House of Representatives, the Com-
mittee on House Administration of the House of Rep-
resentatives, the Committee on Rules and Administration
of the Senate, and the Committees on Appropriations of
the House of Representatives and Senate a legislative plan
of action to create and construct the Museum.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) FACILITIES AND SUPPORT OF SECRETARY OF IN-
TERIOR.—The Secretary of the Interior shall provide the
administrative services, facilities, and funds necessary for
the performance of the Commission’s functions.
(b) COMPENSATION.—Each member of the Commis-
sion who is not an officer or employee of the Federal gov-
ernment may receive compensation for each day on which
the member is engaged in the work of the Commission,
at a daily rate to be determined by the Secretary of the
Interior.
(c) TRAVEL EXPENSES.—Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
HR 3442 RDS
SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMI-
NATION.
(a) DEADLINE.—The Commission shall submit final
versions of the reports and plans required under section
3 not later than 9 months after the date of the enactment
of this Act.
(b) TERMINATION.—The Commission shall terminate
not later than 30 days after submitting the final versions
of reports and plans pursuant to subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000
for activities of the Commission during fiscal year 2002.
Passed the House of Representatives December 11,
2001.
Attest:
JEFF TRANDAHL,
Clerk.
SEC. 207. REPEAL OF REDUCTION IN MILITARY SURVIVOR
BENEFIT PLAN ANNUITIES AT AGE 62.
(a) COMPUTATION
OF ANNUITY
FOR
A SPOUSE,
FORMER SPOUSE, OR CHILD.—Subsection (a) of section
1451 of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘shall be de-
termined as follows:’’ and all that follows and insert-
ing the following: ‘‘shall be the amount equal to 55
percent of the base amount.’’;
(2) in paragraph (2), by striking ‘‘shall be de-
termined as follows:’’ and all that follows and insert-
ing the following: ‘‘shall be the amount equal to a
percentage of the base amount that is less than 55
percent and is determined under subsection (f).’’.
(b) ANNUITIES FOR SURVIVORS OF CERTAIN PER-
SONS DYING DURING A PERIOD OF SPECIAL ELIGIBILITY
FOR SBP.—Subsection (c)(1) of such section is amended
by striking ‘‘shall be determined as follows:’’ and all that
follows and inserting the following: ‘‘shall be the amount
equal to 55 percent of the retired pay to which the member
or former member would have been entitled if the member
or former member had been entitled to that pay based
upon his years of active service when he died.’’.
(c) REPEAL OF REQUIREMENT FOR REDUCTION.—
Such section is further amended by striking subsection
(d).
HR 3447 RDS
ship may be paid under subsection (a) to a participant
in the Program shall be six school years.
‘‘(2) A participant in the Program may not receive
a scholarship under subsection (a) for more than the
equivalent of three years of full-time coursework.’’.
(e) FULL-TIME COURSEWORK.—Section 7673 is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(e) FULL-TIME COURSEWORK.—For purposes of
this section, full-time coursework shall consist of the fol-
lowing:
‘‘(1) In the case of undergraduate coursework,
30 semester hours per undergraduate school year.
‘‘(2) In the case of graduate coursework, 18 se-
mester hours per graduate school year.’’.
(f) ANNUAL ADJUSTMENT OF MAXIMUM SCHOLAR-
SHIP AMOUNT.—Section 7631 is amended—
(1) in subsection (a)(1), by striking ‘‘and the
maximum 
Selected 
Reserve 
member 
stipend
amount’’ and inserting ‘‘the maximum Selected Re-
serve member stipend amount, the maximum em-
ployee incentive scholarship amount,’’; and
(2) in subsection (b)—
(A) by redesignating paragraph (4) as
paragraph (6); and
HR 3447 RDS
retary) providing direct-patient care services or serv-
ices incident to direct-patient care services’’; and
(2) by striking ‘‘(as determined by the Sec-
retary)’’ and inserting ‘‘(as so determined)’’.
(c) MAXIMUM DEBT REDUCTION AMOUNT.—Section
7683(d)(1) is amended—
(1) by striking ‘‘for a year’’; and
(2) by striking ‘‘exceed—’’ and all that follows
through the end of the paragraph and inserting ‘‘ex-
ceed $44,000 over a total of five years of participa-
tion in the Program, of which not more than
$10,000 of such payments may be made in each of
the fourth and fifth years of participation in the
Program.’’.
(d) ANNUAL ADJUSTMENT OF MAXIMUM DEBT RE-
DUCTION PAYMENTS AMOUNT.—(1) Section 7631, as
amended by section 101(f) of this Act, is further
amended—
(A) in subsection (a)(1), by inserting before the
period at the end of the first sentence the following:
‘‘and the maximum education debt reduction pay-
ments amount’’; and
(B) in subsection (b), by inserting after para-
graph (4) the following new paragraph (5):
HR 3448 EAS
respond (including mental health response) to a bio-
logical threat or attack;
‘‘(7) in the recognition that medical and public
health professionals are likely to provide much of the
first response to such an attack, develop, coordinate,
enhance, and assure the quality of joint planning and
training programs that address the public health and
medical consequences of a biological threat or attack
on the civilian population between—
‘‘(A) local firefighters, ambulance personnel,
police and public security officers, or other emer-
gency response personnel; and
‘‘(B) hospitals, primary care facilities, and
public health agencies;
‘‘(8) coordinate the development of strategies for
Federal, State, and local agencies to communicate in-
formation to the public regarding biological threats or
attacks;
‘‘(9) develop methods to decontaminate facilities
contaminated as a result of a biological attack, in-
cluding appropriate protections for the safety of those
conducting such activities; and
‘‘(10) ensure that the activities under this sub-
section address the needs of children and other vulner-
able populations.
retary) providing direct-patient care services or serv-
ices incident to direct-patient care services’’; and
(2) by striking ‘‘(as determined by the Sec-
retary)’’ and inserting ‘‘(as so determined)’’.
(c) MAXIMUM DEBT REDUCTION AMOUNT.—Section
7683(d)(1) is amended—
(1) by striking ‘‘for a year’’; and
(2) by striking ‘‘exceed—’’ and all that follows
through the end of the paragraph and inserting ‘‘ex-
ceed $44,000 over a total of five years of participa-
tion in the Program, of which not more than
$10,000 of such payments may be made in each of
the fourth and fifth years of participation in the
Program.’’.
(d) ANNUAL ADJUSTMENT OF MAXIMUM DEBT RE-
DUCTION PAYMENTS AMOUNT.—(1) Section 7631, as
amended by section 101(f) of this Act, is further
amended—
(A) in subsection (a)(1), by inserting before the
period at the end of the first sentence the following:
‘‘and the maximum education debt reduction pay-
ments amount’’; and
(B) in subsection (b), by inserting after para-
graph (4) the following new paragraph (5):
HR 3447 RDS
(B) by inserting after paragraph (3) the
following new paragraph (4):
‘‘(4) The term ‘maximum employee incentive
scholarship amount’ means the maximum amount of
the scholarship payable to a participant in the De-
partment of Veterans Affairs Employee Incentive
Scholarship Program under subchapter VI of this
chapter, as specified in section 7673(b)(1) of this
title and as previously adjusted (if at all) in accord-
ance with this section.’’.
(g) TECHNICAL AMENDMENTS.—Section 7631(b) is
further amended by striking ‘‘this subsection’’ each place
it appears and inserting ‘‘this section’’.
SEC. 102. ENHANCEMENT OF EDUCATION DEBT REDUC-
TION PROGRAM.
(a) PERMANENT AUTHORITY.—(1) Section 7684 is
repealed.
(2) The table of sections at the beginning of chapter
76 is amended by striking the item relating to section
7684.
(b) ELIGIBLE INDIVIDUALS.—Subsection (a)(1) of
section 7682 is amended—
(1) by striking ‘‘under an appointment under
section 7402(b) of this title in a position’’ and in-
serting ‘‘in a position (as determined by the Sec-
cessionaire for the purpose of transporting visitors to and 
from the historic sites located adjacent to Wilderness.’’. 
SEC. 3. TOURS OF CUMBERLAND ISLAND NATIONAL SEA-
SHORE. 
Section 6 of Public Law 92–536 (86 Stat. 1066) is 
amended—
(1) in subsection (b), by inserting ‘‘, except as 
provided in subsection (c),’’ before ‘‘no development of 
the project’’; and 
(2) by adding at the end the following: 
‘‘(c) TOURS
OF
THE SEASHORE.—Notwithstanding 
subsection (b), the Secretary may enter into not more than 
3 concession contracts, as the Secretary determines appro-
priate, for the provision of tours for visitors to the seashore 
that are consistent with—
‘‘(1) this Act; 
‘‘(2) the Wilderness Act (16 U.S.C. 1131 et seq.); 
and 
‘‘(3) Public Law 97–250 (96 Stat. 709).’’.
Union Calendar No. 456
108TH CONGRESS 
2D SESSION 
H. R. 4887
[Report No. 108–738] 
A BILL 
To adjust the boundary of the Cumberland Island 
Wilderness, to authorize tours of the Cumberland 
Island National Seashore, and for other pur-
poses. 
OCTOBER 6, 2004
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed
‘‘(ii) if the failure is total and persists 
for at least 2 consecutive months, termi-
nate all cash payments to the family in-
cluding qualified State expenditures (as de-
fined in section 409(a)(7)(B)(i)) for at 
least 1 month and thereafter until the 
State determines that the individual has 
resumed full participation in the activities, 
subject to such good cause exceptions as 
the State may establish. 
‘‘(B) SPECIAL RULE.—
‘‘(i) IN GENERAL.—In the event of a 
conflict between a requirement of clause 
(i)(II) or (ii) of subparagraph (A) and a 
requirement of a State constitution, or of 
a State statute that, before 1966, obligated 
local government to provide assistance to 
needy parents and children, the State con-
stitutional or statutory requirement shall 
control. 
‘‘(ii) LIMITATION.—Clause (i) of this 
subparagraph shall not apply after the 1-
year period that begins with the date of 
the enactment of this subparagraph.’’. 
(g) CONFORMING AMENDMENTS.—
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Public Health Security and Bioterrorism Response Act
of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents of
the Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—NATIONAL PREPAREDNESS FOR BIOTERRORISM AND
OTHER PUBLIC HEALTH EMERGENCIES
Subtitle A—National Preparedness and Response Planning, Coordinating, and
Reporting
Sec. 101. National preparedness and response.
Sec. 102. Assistant Secretary for Emergency Preparedness; National Disaster
Medical System.
Sec. 103. Improving ability of Centers for Disease Control and Prevention with
respect to bioterrorism and other public health emergencies; fa-
cilities.
Sec. 104. Advisory committees and communications.
Sec. 105. Education of health care personnel; training regarding pediatric
issues.
Sec. 106. Grants regarding shortages of certain health professionals.
Sec. 107. Emergency system for verification of credentials of health professions
volunteers.
Sec. 108. Enhancing preparedness activities for bioterrorism and other public
health emergencies.
Sec. 109. Improving State and local core public health capacities.
Sec. 110. Antimicrobial resistance program.
Sec. 111. Study regarding communications abilities of public health agencies.
Sec. 112. Supplies and services in lieu of award funds.
Sec. 113. Additional amendments.
Sec. 114. Study regarding local emergency response methods.
Subtitle B—National Stockpile; Development of Priority Countermeasures
Sec. 121. National stockpile.
Sec. 122. Accelerated approval of priority countermeasures.
Sec. 123. Use of animal trials in approval of certain drugs and biologics;
issuance of rule.
Sec. 124. Security for countermeasure development and production.
Sec. 125. Accelerated countermeasure research and development.
Sec. 126. Evaluation of new and emerging technologies regarding bioterrorist
attack and other public health emergencies.
Sec. 127. Potassium iodide.
Subtitle C—Emergency Authorities; Additional Provisions
Sec. 131. Expanded authority of Secretary of Health and Human Services to
respond to public health emergencies.
Sec. 132. Streamlining and clarifying communicable disease quarantine provi-
sions.
Sec. 133. Emergency waiver of Medicare, Medicaid, and SCHIP requirements.
Sec. 134. Provision for expiration of public health emergencies.
Sec. 135. Designated State public emergency announcement plan.
Sec. 136. Expanded research by Secretary of Energy.
Sec. 137. Agency for Toxic Substances and Disease Registry.
Sec. 138. Expanded research on worker health and safety.
Sec. 139. Technology opportunities program support.
Subtitle D—Authorization of Appropriations
Sec. 151. Authorization of Appropriations.
TITLE II—ENHANCING CONTROLS ON DANGEROUS BIOLOGICAL
AGENTS AND TOXINS
Sec. 201. Regulation of certain biological agents and toxins.
TITLE III—AMENDMENTS TO FEDERAL FOOD, DRUG, AND
COSMETIC ACT
Subtitle A—Protection of Food Supply
Sec. 301. Protection against intentional adulteration of food.
Sec. 302. Administrative detention.
Sec. 303. Permissive debarment regarding food importation.
Sec. 304. Maintenance and inspection of records for foods.
Sec. 305. Registration.
Sec. 306. Prior notice of imported food shipments.
Sec. 307. Authority to mark articles refused admission into United States.
Sec. 308. Prohibition against port shopping for importation.
Sec. 309. Notices to States regarding imported food.
Sec. 310. Grants to States for inspections; response to notice regarding adulter-
ated imported food.
Subtitle B—Protection of Drug Supply
Sec. 311. Annual registration of foreign manufacturers; shipping information;
drug and device listing.
Sec. 312. Requirement of additional information regarding import components
intended for use in export products.
TITLE IV—DRINKING WATER SECURITY AND SAFETY
Sec. 401. Amendment of the Safe Drinking Water Act.
TITLE I—NATIONAL PREPARED-
NESS 
FOR 
BIOTERRORISM
AND OTHER PUBLIC HEALTH
EMERGENCIES
Subtitle A—National Preparedness
and Response Planning, Coordi-
nating, and Reporting
SEC. 101. NATIONAL PREPAREDNESS AND RESPONSE.
The Public Health Service Act (42 U.S.C. 201 et
seq.) is amended by adding at the end the following title:
‘‘TITLE XXVIII—NATIONAL PRE-
PAREDNESS 
FOR 
BIOTER-
RORISM AND OTHER PUBLIC
HEALTH EMERGENCIES
‘‘Subtitle 
A—National 
Prepared-
ness and Response Planning,
Coordinating, and Reporting
‘‘SEC. 2801. NATIONAL PREPAREDNESS PLAN.
‘‘(a) IN GENERAL.—
‘‘(1) PREPAREDNESS AND RESPONSE REGARD-
ING PUBLIC HEALTH EMERGENCIES.—The Secretary
shall further develop and implement a coordinated
strategy, building upon the core public health capa-
bilities established pursuant to section 319A, for
carrying out health-related activities to prepare for
and respond effectively to bioterrorism and other
public health emergencies, including the preparation
of a plan under this section. The Secretary shall pe-
riodically thereafter review and as appropriate revise
the plan.
‘‘(2) CONSULTATION.—The Secretary shall
carry out paragraph (1) in consultation with the
Secretary of Defense, the Director of the Federal
Emergency Management Agency, the Secretary of
Veterans Affairs, the Attorney General, the Sec-
retary of Agriculture, the Secretary of Energy, the
Secretary of Labor, and the Administrator of the
Environmental Protection Agency, and with other
appropriate public and private entities.
‘‘(3) NATIONAL
APPROACH.—In carrying out
paragraph (1), the Secretary shall collaborate with
the States toward the goal of ensuring that the ac-
tivities of the Secretary regarding bioterrorism and
other public health emergencies are coordinated with
activities of the States, including through local gov-
ernments, such that there is a national plan for pre-
paredness for and responding effectively to such
emergencies.
‘‘(4) EVALUATION
OF
PROGRESS.—The plan
under paragraph (1) shall provide for specific bench-
marks and outcome measures for evaluating the
progress of the Secretary and the States, including
local governments, with respect to the plan under
paragraph (1), including progress toward achieving
the goals specified in subsection (b).
‘‘(b) PREPAREDNESS GOALS.—The plan under sub-
section (a) shall include provisions for achieving the fol-
lowing goals with respect to preparedness for and respond-
ing effectively to bioterrorism and other public health
emergencies:
‘‘(1) Providing effective assistance to State and
local governments in the event of such an emer-
gency.
‘‘(2) Ensuring that State and local governments
have adequate and appropriate capacity to detect
and respond effectively to such emergencies, includ-
ing capacities for the following:
‘‘(A) Effective public health surveillance
and reporting mechanisms at the State and
local levels.
‘‘(B) Adequate laboratory readiness.
‘‘(C) Properly trained and equipped emer-
gency response, public health, and medical per-
sonnel.