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Home Source documents Congressional Record, Senate, August 5, 2021, Page S5962 — Amendments to H.R. 3684

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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Cite this document

“Congressional Record, Senate, August 5, 2021, Page S5962 — Amendments to H.R. 3684.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-05-crec-2021-08-05-pt1-pgs5962-382c8cab7f/, SHA-256 48adda6e01c653686baedc2d34ec578dc10e53b9147856996cd0ccc9f057845d.

Full text

                                               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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