Congressional Record, Senate, August 5, 2021, Page S5962 — Amendments to H.R. 3684
Summary
Page S5962 of the Senate section of the Congressional Record for August 5, 2021, carrying amendment text submitted to H.R. 3684, in interleaved columns. One amendment adds chapters on medical research on cannabidiol, development of FDA-approved drugs using cannabidiol and marihuana, and a doctor-patient relationship section saying a State-licensed physician does not violate the Controlled Substances Act by discussing the potential harms and benefits of marihuana derivatives. Entries name Mr. Cornyn and Mr. Padilla on one amendment and Mr. Cardin on another. Other text sets passenger safety requirements for an amphibious passenger vessel and calls for a study on the benefits of improving the efficiency of traffic systems.
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“Congressional Record, Senate, August 5, 2021, Page S5962 — Amendments to H.R. 3684.”
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S5962 CONGRESSIONAL RECORD — SENATE August 5, 2021
CHAPTER 2—DEVELOPMENT OF FDA-AP- ‘‘(B) use by registered manufacturers to mit to Congress a report describing the re-
PROVED DRUGS USING CANNABIDIOL manufacture drugs containing marihuana or sults of, a study on the potential societal
AND MARIHUANA cannabidiol that have been approved for use benefits of improving the efficiency of traffic
SEC. 25141. MEDICAL RESEARCH ON by the Commissioner of Food and Drugs systems.
CANNABIDIOL. under the Federal Food, Drug, and Cosmetic ---
Notwithstanding any provision of the Con- Act (21 U.S.C. 301 et seq.).’’. SA 2575. Mr. CORNYN (for himself
trolled Substances Act (21 U.S.C. 801 et seq.), CHAPTER 3—DOCTOR-PATIENT and Mr. PADILLA) submitted an amend-
the Safe and Drug-Free Schools and Commu- RELATIONSHIP ment intended to be proposed to
nities Act (20 U.S.C. 7101 et seq.), chapter 81 SEC. 25161. DOCTOR-PATIENT RELATIONSHIP. amendment SA 2137 proposed by Mr.
of title 41, United States Code, or any other It shall not be a violation of the Controlled SCHUMER (for Ms. SINEMA (for herself,
Federal law, an appropriately registered cov- Substances Act (21 U.S.C. 801 et seq.) for a Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
ered institution of higher education, a prac- State-licensed physician to discuss— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
titioner, or a manufacturer may manufac- (1) the currently known potential harms TESTER, Ms. MURKOWSKI, Mr. WARNER,
ture, distribute, dispense, or possess mari- and benefits of marihuana derivatives, in- and Mr. ROMNEY)) to the bill H.R. 3684,
huana or cannabidiol if the marihuana or cluding cannabidiol, as a treatment with the
cannabidiol is manufactured, distributed, to authorize funds for Federal-aid high-
legal guardian of the patient of the physician
dispensed, or possessed, respectively, for pur- ways, highway safety programs, and
if the patient is a child; or
poses of medical research for drug develop- (2) the currently known potential harms transit programs, and for other pur-
ment or subsequent commercial production and benefits of marihuana and marihuana poses; which was ordered to lie on the
in accordance with section 25142. derivatives, including cannabidiol, as a table; as follows:
SEC. 25142. REGISTRATION FOR THE COMMER- treatment with the patient or the legal At the appropriate place in division I, in-
CIAL PRODUCTION AND DISTRIBU- guardian of the patient of the physician if sert the following:
TION OF FOOD AND DRUG ADMINIS- the patient is a legal adult. SEC. ll. AUTHORITY TO USE CORONAVIRUS RE-
TRATION-APPROVED DRUGS. LIEF FUNDS FOR INFRASTRUCTURE
CHAPTER 4—FEDERAL RESEARCH
The Attorney General shall register an ap- PROJECTS.
plicant to manufacture or distribute SEC. 25181. FEDERAL RESEARCH. (a) IN GENERAL.—Title VI of the Social Se-
cannabidiol or marihuana for the purpose of (a) IN GENERAL.—Not later than 1 year curity Act (42 U.S.C. 801 et seq.) is amend-
commercial production of a drug containing after the date of enactment of this Act, the ed—
or derived from marihuana that is approved Secretary of Health and Human Services, in (1) in section 602—
by the Secretary of Health and Human Serv- coordination with the Director of the Na- (A) in subsection (a)(1), by inserting ‘‘(ex-
ices under section 505 of the Federal Food, tional Institutes of Health and the heads of cept as provided in subsection (c)(4))’’ after
Drug, and Cosmetic Act (21 U.S.C. 355), in ac- other relevant Federal agencies, shall sub- ‘‘December 31, 2024’’; and
cordance with the applicable requirements mit to the Caucus on International Narcotics (B) in subsection (c)—
under subsection (a) or (b) of section 303 of Control, the Committee on the Judiciary, (i) in paragraph (1), in the matter pre-
the Controlled Substances Act (21 U.S.C. and the Committee on Health, Education, ceding subparagraph (A), by striking ‘‘para-
823). Labor, and Pensions of the Senate and the graph (3)’’ and inserting ‘‘paragraphs (3) and
SEC. 25143. IMPORTATION OF CANNABIDIOL FOR Committee on Energy and Commerce and the (4)’’; and
RESEARCH PURPOSES. Committee on the Judiciary of the House of (ii) by adding at the end the following new
The Controlled Substances Import and Ex- Representatives a report on— paragraph:
port Act (21 U.S.C. 951 et seq.) is amended— (1) the potential therapeutic effects of ‘‘(4) AUTHORITY TO USE FUNDS FOR CERTAIN
(1) in section 1002(a) (21 U.S.C. 952(a))— cannabidiol or marihuana on serious medical INFRASTRUCTURE PROJECTS.—
(A) in paragraph (1), by striking ‘‘and’’ at conditions, including intractable epilepsy; ‘‘(A) IN GENERAL.—Subject to subparagraph
the end; (2) the potential effects of marihuana, in- (C), notwithstanding any other provision of
(B) in paragraph (2)(C), by inserting ‘‘and’’ cluding— law, a State, territory, or Tribal government
after ‘‘uses,’’; and (A) the effect of increasing delta-9- receiving a payment under this section may
(C) inserting before the undesignated mat- tetrahydrocannabinol levels on the human use funds provided under such payment for
ter following paragraph (2)(C) the following: body and developing adolescent brains; and projects described in subparagraph (B), in-
‘‘(3) such amounts of marihuana or (B) the effect of various delta-9- cluding—
cannabidiol (as defined in section 25102 of the tetrahydrocannabinol levels on cognitive ‘‘(i) in the case of a project receiving a
Cannabidiol and Marihuana Research Expan- abilities, such as those that are required to grant under section 117 of title 23, United
sion Act) as are— operate motor vehicles or other heavy equip- States Code, section 5309 or 6701 of title 49,
‘‘(A) approved for medical research for ment; and United States Code, or section 3005(b) of the
drug development (as such terms are defined (3) the barriers associated with researching FAST Act (49 U.S.C. 5309 note; Public Law
in section 25102 of the Cannabidiol and Mari- marihuana or cannabidiol in States that 114-94), to satisfy a non-Federal share re-
huana Research Expansion Act), or have legalized the use of such substances, quirement applicable to such a project; and
‘‘(B) necessary for registered manufactur- which shall include— ‘‘(ii) in the case of a project receiving cred-
ers to manufacture drugs containing mari- (A) recommendations as to how such bar- it assistance under the TIFIA program under
huana or cannabidiol that have been ap- riers might be overcome, including whether chapter 6 of title 23, United States Code—
proved for use by the Commissioner of Food public-private partnerships or Federal-State ‘‘(I) to satisfy a non-Federal share require-
and Drugs under the Federal Food, Drug, and research partnerships may or should be im- ment applicable to such a project; and
Cosmetic Act (21 U.S.C. 301 et seq.),’’; and plemented to provide researchers with access ‘‘(II) to repay a loan provided under such
(2) in section 1007 (21 U.S.C. 957), by amend- to additional strains of marihuana and program.
ing subsection (a) to read as follows: cannabidiol; and ‘‘(B) PROJECTS DESCRIBED.—A project re-
‘‘(a)(1) Except as provided in paragraph (2), (B) recommendations as to what safe- ferred to in subparagraph (A) is any of the
no person may— guards must be in place to verify— following:
‘‘(A) import into the customs territory of (i) the levels of tetrahydrocannabinol, ‘‘(i) A project that receives a grant under
the United States from any place outside cannabidiol, or other cannabinoids contained section 117 of title 23, United States Code.
thereof (but within the United States), or in products obtained from such States is ac- ‘‘(ii) A project eligible under section 119 of
import into the United States from any curate; and title 23, United States Code.
place outside thereof, any controlled sub- (ii) that such products do not contain ‘‘(iii) A project eligible under section 124 of
stance or list I chemical, or harmful or toxic components. title 23, United States Code, as added by the
‘‘(B) export from the United States any (b) ACTIVITIES.—To the extent practicable, Infrastructure Investment and Jobs Act.
controlled substance or list I chemical, the Secretary of Health and Human Services, ‘‘(iv) A project eligible under section 133 of
unless there is in effect with respect to such either directly or through awarding grants, title 23, United States Code.
person a registration issued by the Attorney contacts, or cooperative agreements, shall ‘‘(v) An activity to carry out section 134 of
General under section 1008, or unless such expand and coordinate the activities of the title 23, United States Code.
person is exempt from registration under National Institutes of Health and other rel- ‘‘(vi) A project eligible under section 148 of
subsection (b). evant Federal agencies to better determine title 23, United States Code.
‘‘(2) Paragraph (1) shall not apply to the the effects of cannabidiol and marihuana, as ‘‘(vii) A project eligible under section 149
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import or export of marihuana or outlined in the report submitted under para- of title 23, United States Code.
cannabidiol (as defined in section 25102 of the graphs (1) and (2) of subsection (a). ‘‘(viii) A project eligible under section 151
Cannabidiol and Marihuana Research Expan- Subtitle C—GAO Study of title 23, United States Code, as added by
sion Act) that has been approved for— SEC. 25201. GAO STUDY ON IMPROVING THE EFFI- the Infrastructure Investment and Jobs Act.
‘‘(A) medical research for drug develop- CIENCY OF TRAFFIC SYSTEMS. ‘‘(ix) A project eligible under section 165 of
ment authorized under section 25141 of the Not later than 1 year after the date of en- title 23, United States Code.
Cannabidiol and Marihuana Research Expan- actment of this Act, the Comptroller General ‘‘(x) A project eligible under section 167 of
sion Act; or of the United States shall carry out, and sub- title 23, United States Code.
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August 5, 2021 CONGRESSIONAL RECORD — SENATE S5963
‘‘(xi) A project eligible under section 173 of ‘‘(II) The projects involved would enhance ‘‘(i) in the case of a project receiving a
title 23, United States Code, as added by the employment opportunities for the State, ter- grant under section 117 of title 23, United
Infrastructure Investment and Jobs Act. ritory, or Tribal government. States Code, section 5309 or 6701 of title 49,
‘‘(xii) A project eligible under section 175 ‘‘(III) The projects involved would enhance United States Code, or section 3005(b) of the
of title 23, United States Code, as added by the health and safety of the public. FAST Act (49 U.S.C. 5309 note; Public Law
the Infrastructure Investment and Jobs Act. ‘‘(IV) The projects involved would enhance 114-94), to satisfy a non-Federal share re-
‘‘(xiii) A project eligible under section 176 protections for the environment. quirement applicable to such a project; and
of title 23, United States Code, as added by ‘‘(V) The projects involved would enhance ‘‘(ii) in the case of a project receiving cred-
the Infrastructure Investment and Jobs Act. the capacity of the metropolitan city, State, it assistance under the TIFIA program under
‘‘(xiv) A project eligible under section 202 territory, or Tribal government to respond chapter 6 of title 23, United States Code—
of title 23, United States Code. to the COVID–19 crisis. ‘‘(I) to satisfy a non-Federal share require-
‘‘(xv) A project eligible under section 203 of ‘‘(VI) The State, territory, or Tribal gov- ment applicable to such a project; and
title 23, United States Code. ernment suffered a reduction in revenue (as ‘‘(II) to repay a loan provided under such
‘‘(xvi) A project eligible under section 204 determined under the interim final rule program.
of title 23, United States Code. issued by the Secretary on May 17, 2021, enti- ‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE-
‘‘(xvii) A project that receives a grant MENTS.—
tled ‘Coronavirus State and Local Fiscal Re-
under the program for national infrastruc- covery Funds’ (86 Fed. Reg. 26786)) of greater ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
ture investments (commonly known as the INFRASTRUCTURE PROJECTS.—
than 10 percent in calendar year 2020.
‘Rebuilding American Infrastructure with ‘‘(I) IN GENERAL.—Subject to clause (ii), the
‘‘(iii) LIMITATION ON OPERATING EXPENSES.—
Sustainability and Equity (RAISE) grant total amount that a metropolitan city, non-
Funds provided under a payment made under
program’). entitlement unit of local government, or
this section shall not be used for operating
‘‘(xviii) A project that receives credit as- county may use from a payment made under
expenses of a project described in clauses
sistance under the TIFIA program under this section for uses described in subpara-
(xx) through (xxiv) of subparagraph (B).
chapter 6 of title 23, United States Code. graph (A) shall not exceed the greater of—
‘‘(iv) APPLICATION OF REQUIREMENTS.—Ex-
‘‘(xix) A project that furthers the comple- ‘‘(aa) ø$10,000,000¿; and
cept as otherwise provided in this section—
tion of a designated route of the Appalachian ‘‘(bb) ø25 percent¿ of such payment.
Development Highway System under section ‘‘(I) the requirements of section 60102 of ‘‘(II) RULE OF APPLICATION.—The spending
14501 of title 40, United States Code. the Infrastructure Investment and Jobs Act limitation under subclause (I) shall not
‘‘(xx) A project that receives a grant under shall apply to funds provided under a pay- apply to any use of funds permitted under
section 5307 of title 49, United States Code. ment made under this section that are used paragraph (1)(D), and any such use of funds
‘‘(xxi) A project that receives a grant pursuant to subparagraph (A) for a project shall be disregarded for purposes of applying
under section 5309 of title 49, United States described in clause (xxvi) of subparagraph such spending limitation.
Code. (B) that relates to broadband infrastructure; ‘‘(ii) WAIVER OF LIMITATION.—At the re-
‘‘(xxii) A project that receives a grant ‘‘(II) the requirements of titles 23, 40, and quest of a metropolitan city, nonentitlement
under section 5311 of title 49, United States 49 of the United States Code, title I of the unit of local government, or county, the Sec-
Code. Housing and Community Development Act of retary may allow the metropolitan city, non-
‘‘(xxiii) A project that receives a grant 1974 (42 U.S.C. 5301 et seq.), and the National entitlement unit of local government, or
under section 5337 of title 49, United States Environmental Policy Act of 1969 (42 U.S.C. county to use up to 50 percent of a payment
Code. 4321 et. seq) shall apply to funds provided made under this section for uses described in
‘‘(xxiv) A project that receives a grant under a payment made under this section subparagraph (A) if any of the following cri-
under section 5339 of title 49, United States that are used for projects described in sub- teria are met (as determined by the Sec-
Code. paragraph (B); and retary):
‘‘(xxv) A project that receives a grant ‘‘(III) a State government receiving a pay- ‘‘(I) The projects involved are of signifi-
under section 6703 of title 49, United States ment under this section may use funds pro- cant economic importance to the metropoli-
Code, as added by the Infrastructure Invest- vided under such payment for projects de- tan city, nonentitlement unit of local gov-
ment and Jobs Act. scribed in clause (i) of subparagraph (B) ernment, or county.
‘‘(xxvi) A project that receives a grant that— ‘‘(II) The projects involved would enhance
under title I of the Housing and Community ‘‘(aa) demonstrate progress in achieving a employment opportunities for the metropoli-
Development Act of 1974 (42 U.S.C. 5301 et state of good repair as required by the tan city, nonentitlement unit of local gov-
seq.). State’s asset management plan under section ernment, or county.
‘‘(xxvii) A project eligible under the bridge 119(e) of title 23, United States Code; and ‘‘(III) The projects involved would enhance
replacement, rehabilitation, preservation, ‘‘(bb) support the achievement of 1 or more the health and safety of the public.
protection, and construction program under performance targets of the State established ‘‘(IV) The projects involved would enhance
paragraph (1) under the heading ‘HIGHWAY IN- under section 150 of title 23, United States protections for the environment.
FRASTRUCTURE PROGRAM’ under the heading Code. ‘‘(V) The projects involved would enhance
‘FEDERAL HIGHWAY ADMINISTRATION’ under ‘‘(v) OVERSIGHT.—The Secretary may dele- the capacity of the metropolitan city, non-
the heading ‘DEPARTMENT OF TRANS- gate oversight and administration of the re- entitlement unit of local government, or
PORTATION’ under title VIII of division J of quirements described in clause (iv) to the ap- county to respond to the COVID–19 crisis.
the Infrastructure Investment and Jobs Act. propriate Federal agency. ‘‘(VI) The metropolitan city, nonentitle-
‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE- ‘‘(D) AVAILABILITY.—Funds provided under ment unit of local government, or county
MENTS.— a payment made under this section to a suffered a reduction in revenue (as deter-
‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR State, territory, or Tribal government shall mined under the interim final rule issued by
INFRASTRUCTURE PROJECTS.— remain available for obligation for a use de- the Secretary on May 17, 2021, entitled
‘‘(I) IN GENERAL.—Subject to clause (ii), the scribed in subparagraph (A) through Decem- ‘Coronavirus State and Local Fiscal Recov-
total amount that a State, territory, or ber 31, 2024, except that no amount of such ery Funds’ (86 Fed. Reg. 26786)) of greater
Tribal government may use from a payment funds may be expended after September 30, than 10 percent in calendar year 2020.
made under this section for uses described in 2026.’’; and ‘‘(iii) LIMITATION ON OPERATING EXPENSES.—
subparagraph (A) shall not exceed the great- (2) in subsection 603— Funds provided under a payment made under
er of— (A) in subsection (a), by inserting ‘‘(except this section shall not be used for operating
‘‘(aa) ø$10,000,000¿; and as provided in subsection (c)(5))’’ after ‘‘De- expenses of a project described in clauses
‘‘(bb) ø25¿ percent of such payment. cember 31, 2024’’; and (xx) through (xxiv) of section 602(c)(4)(B).
‘‘(II) RULE OF APPLICATION.—The spending (B) in subsection (c)— ‘‘(iv) APPLICATION OF REQUIREMENTS.—Ex-
limitation under subclause (I) shall not (i) in paragraph (1), in the matter pre- cept as otherwise provided in this section—
apply to any use of funds permitted under ceding subparagraph (A), by striking ‘‘para- ‘‘(I) the requirements of section 60102 of
paragraph (1)(D), and any such use of funds graphs (3) and (4)’’ and inserting ‘‘paragraphs the Infrastructure Investment and Jobs Act
shall be disregarded for purposes of applying (3), (4), and (5)’’; and shall apply to funds provided under a pay-
such spending limitation. (ii) by adding at the end the following new ment made under this section that are used
‘‘(ii) WAIVER OF LIMITATION.—At the re- paragraph: pursuant to subparagraph (A) for a project
quest of a State, territory, or Tribal govern- ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN described in clause (xxvi) of section
ment, the Secretary may allow the State, INFRASTRUCTURE PROJECTS.— 602(c)(4)(B) that relates to broadband infra-
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territory, or Tribal government to use up to ‘‘(A) IN GENERAL.—Subject to subparagraph structure; and
50 percent of a payment made under this sec- (B), notwithstanding any other provision of ‘‘(II) the requirements of titles 23, 40, and
tion for a use described in subparagraph (A) law, a metropolitan city, nonentitlement 49 of the United States Code, title I of the
if any of the following criteria are met (as unit of local government, or county receiv- Housing and Community Development Act of
determined by the Secretary): ing a payment under this section may use 1974 (42 U.S.C. 5301 et seq.), and the National
‘‘(I) The projects involved are of signifi- funds provided under such payment for Environmental Policy Act of 1969 (42 U.S.C.
cant economic importance to the State, ter- projects described in subparagraph (B) of sec- 4321 et. seq) shall apply to funds provided
ritory, or Tribal government. tion 602(c)(4), including— under a payment made under this section
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S5964 CONGRESSIONAL RECORD — SENATE August 5, 2021
that are used for projects described in sec- SEC. 90009. SAFETY REQUIREMENTS FOR AM- (A) concerning whether personal flota-
tion 602(c)(4)(B). PHIBIOUS PASSENGER VESSELS. tion devices should be required for the dura-
‘‘(v) OVERSIGHT.—The Secretary may dele- (a) SAFETY IMPROVEMENTS.— tion of an amphibious passenger vessel’s wa-
gate oversight and administration of the re- (1) BUOYANCY REQUIREMENTS.—Not later terborne transit, which shall be considered
quirements described in clause (iv) to the ap- than 1 year after the date of completion of a and determined by the Secretary;
propriate Federal agency. Coast Guard contracted assessment by the (B) that operators of amphibious pas-
‘‘(C) AVAILABILITY.—Funds provided under National Academies of Sciences, Engineer- senger vessels inform passengers that seat
a payment made under this section to a met- ing, and Medicine of the technical feasi- belts may not be worn during waterborne op-
ropolitan city, nonentitlement unit of local bility, practicality, and safety benefits of erations;
government, or county shall remain avail- providing reserve buoyancy through passive (C) that before the commencement of wa-
able for obligation for a use described in sub- means on amphibious passenger vessels, the terborne operations, a crew member visually
paragraph (A) through December 31, 2024, ex- Secretary of the department in which the check that each passenger has unbuckled the
cept that no amount of such funds may be Coast Guard is operating may initiate a rule- passenger’s seatbelt; and
expended after September 30, 2026.’’. making to prescribe in regulations that oper- (D) that operators or crew maintain a log
(b) TECHNICAL AMENDMENTS.—Sections ators of amphibious passenger vessels pro- recording the actions described in subpara-
602(c)(3) and 603(c)(3) of title VI of the Social vide reserve buoyancy for such vessels graphs (B) and (C).
Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are through passive means, including watertight (3) TRAINING.—Requirement for annual
each amended by striking ‘‘paragraph (17) compartmentalization, built-in flotation, or training for operators and crew of amphib-
of’’. such other means as the Secretary may ious passengers vessels, including—
(c) GUIDANCE AND EFFECTIVE DATE.— specify in the regulations, in order to ensure (A) training for personal flotation and
(1) GUIDANCE OR RULE.—Within 60 days of that such vessels remain afloat and upright seat belt requirements, verifying the integ-
the date of enactment of this Act, the Sec- in the event of flooding, including when car- rity of the vessel at the onset of each water-
retary of the Treasury, in consultation with rying a full complement of passengers and borne departure, identification of weather
the Secretary of Transportation, shall issue crew. hazards, and use of National Weather Service
guidance or promulgate a rule to carry out (2) INTERIM REQUIREMENTS.—Not later resources prior to operation; and
this section. than 90 days after the date of enactment of (B) training for crewmembers to respond
(2) EFFECTIVE DATE.—The amendments this Act, the Secretary of the department in to emergency situations, including flooding,
made by this section shall take effect upon which the Coast Guard is operating shall ini- engine compartment fires, man overboard
the issuance of guidance or the promulgation tiate a rulemaking to implement interim situations, and in water emergency egress
of a rule described in paragraph (1). safety policies or other measures to require procedures.
(d) DEPARTMENT OF THE TREASURY ADMINIS- that operators of amphibious passenger ves- (4) RECOMMENDATIONS FROM REPORTS.—
TRATIVE EXPENSES.— sels operating in waters subject to the juris- Requirements to address recommendations
(1) IN GENERAL.—Notwithstanding any diction of the United States, as defined in from the following reports, as practicable
other provision of law, the unobligated bal- section 2.38 of title 33, Code of Federal Regu- and to the extent that such recommenda-
ances from amounts made available to the lations (or a successor regulation) comply tions are under the jurisdiction of the Coast
Secretary of the Treasury (referred to in this with the following: Guard:
subsection as the ‘‘Secretary’’) for adminis- (A) Remove the canopies of such vessels (A) The National Transportation Safety
trative expenses pursuant to the provisions for waterborne operations, or install in such Board’s Safety Recommendation Reports on
specified in paragraph (2) shall be available vessels a canopy that does not restrict either the Amphibious Passenger Vessel incidents
to the Secretary (in addition to any other horizontal or vertical escape by passengers in Table Rock, Missouri, Hot Springs, Ar-
appropriations provided for such purpose) for in the event of flooding or sinking. kansas, and Seattle, Washington.
any administrative expenses of the Depart- (B) If the canopy is removed from such (B) The Coast Guard’s Marine Investiga-
ment of the Treasury determined by the Sec- vessel pursuant to subparagraph (A), require tion Board reports on the Stretch Duck 7
retary to be necessary to respond to the that all passengers don a Coast Guard type- sinkings at Table Rock, Missouri, and the
coronavirus emergency, including any ex- approved personal flotation device before the Miss Majestic sinking near Hot Springs, Ar-
penses necessary to implement any provision onset of waterborne operations of such ves- kansas.
of— sel. (5) INTERIM REQUIREMENTS.—The interim
(A) the Coronavirus Aid, Relief, and Eco- (C) Install in such vessels at least one requirements described in subsection (a)(2),
nomic Security Act (Public Law 116–136); independently powered electric bilge pump as appropriate.
(B) division N of the Consolidated Appro- that is capable of dewatering such vessels at (c) PROHIBITION ON OPERATION OF NON-
the volume of the largest remaining penetra- COMPLIANT VESSELS.—Commencing as of the
priations Act, 2021 (Public Law 116–260);
(C) the American Rescue Plan Act (Public tion in order to supplement the vessel’s ex- date specified by the Secretary of the depart-
Law 117–2); or isting bilge pump required under section ment in which the Coast Guard is operating
182.520 of title 46, Code of Federal Regula- pursuant to subsection (d), any amphibious
(D) title VI of the Social Security Act (42
tions (or a successor regulation). passenger vessel whose configuration or op-
U.S.C. 801 et seq.).
(D) Verify the watertight integrity of eration does not comply with the require-
(2) PROVISIONS SPECIFIED.—The provisions
such vessel in the water at the outset of each ments under subsection (a)(2) (or subsection
specified in this paragraph are the following:
(a)(1), if prescribed) may not operate in
(A) Sections 4003(f) and 4112(b) of the waterborne departure of such vessel.
waters subject to the jurisdiction of the
Coronavirus Aid, Relief, and Economic Secu- (b) REGULATIONS REQUIRED.—Not later United States, as defined in section 2.38 of
rity Act (Public Law 116–136). than 2 years after the date of enactment of title 33, Code of Federal Regulations (or a
(B) Section 421(f)(2) of division N of the this Act, the Secretary of the department in successor regulation).
Consolidated Appropriations Act, 2021 (Pub- which the Coast Guard is operating shall ini- (d) DEADLINE FOR COMPLIANCE.—The reg-
lic Law 116–260). tiate a rulemaking for amphibious passenger ulations and interim requirements described
(C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and vessels operating in waters subject to the ju- in subsections (a) and (b) shall require com-
7301(b)(5) of the American Rescue Plan Act of risdiction of the United States, as defined in pliance with the requirements in the regula-
2021 (Public Law 117–2). section 2.38 of title 33, Code of Federal Regu- tions not later than 2 years after the date of
(D) Section 602(a)(2) of the Social Security lations (or a successor regulation). The regu- enactment of this Act, as the Secretary of
Act (42 U.S.C. 802(a)(2)). lations shall include, at a minimum, the fol- the department in which the Coast Guard is
lowing: operating may specify in the regulations.
SA 2576. Mr. HAWLEY (for himself, (1) SEVERE WEATHER EMERGENCY PRE- (e) REPORT.—Not later than 180 days
Mr. BLUNT, and Mr. COTTON) submitted PAREDNESS.—Requirements that an operator after the promulgation of the regulations re-
of an amphibious passenger vessel— quired under subsection (a), the Com-
an amendment intended to be proposed
(A) check and notate in the vessel’s log- mandant of the Coast Guard shall provide a
to amendment SA 2137 proposed by Mr. report to the Committee on Commerce,
book the National Weather Service forecast
SCHUMER (for Ms. SINEMA (for herself, before getting underway and periodically Science, and Transportation of the Senate
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- while underway; and the Committee on Transportation and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (B) in the case of a watch or warning Infrastructure of the House of Representa-
TESTER, Ms. MURKOWSKI, Mr. WARNER, issued for wind speeds exceeding the wind tives regarding the status of the implemen-
and Mr. ROMNEY)) to the bill H.R. 3684, speed equivalent used to certify the stability tation of the requirements included in such
SSpencer on DSK126QN23PROD with SENATE
of an amphibious passenger vessel, proceed regulations.
to authorize funds for Federal-aid high-
ways, highway safety programs, and to the nearest harbor or safe refuge; and
SA 2577. Mr. CARDIN submitted an
(C) maintain and monitor a weather
transit programs, and for other pur- amendment intended to be proposed to
monitor radio receiver at the operator sta-
poses; which was ordered to lie on the tion that may be automatically activated by amendment SA 2137 proposed by Mr.
table; as follows: the warning alarm device of the National SCHUMER (for Ms. SINEMA (for herself,
At the end of division I, add the fol- Weather Service. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
lowing: (2) PASSENGER SAFETY.—Requirements— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
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