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Title II — Research, training, and prevention

S. 4591 · 117th Congress · Jul 21, 2022 · Lineage

II Research, training, and prevention

A Public Health and Biomedical Research

Sec. 201 Societal impact of cannabis legalization study

(a)
In general— The Comptroller General of the United States shall conduct an evaluation of the societal impact of the legalization by States of adult-use of cannabis. Such evaluation shall address, where information and data are available, a review of the following:
(1)
Federal and State law enforcement activities, including—
(A)
arrests related to illicit use, possession, production, manufacture, and distribution of cannabis; and
(B)
diversion and seizures of cannabis.
(2)
Employment and the receipt of Federal welfare assistance.
(3)
Changes in the utilization of health care, including hospitalization related to methamphetamine and narcotic use and the use of cannabis for medical purposes.
(4)
Analysis of tax revenue remitted to States resulting from legal cannabis sales.
(5)
Any additional areas identified by the Comptroller General of the United States.
(b)
Report— The Comptroller General of the United States—
(1)
not later than 2 years after the date of enactment of this Act, shall brief the Committee on Finance, the Committee on Health, Education, Labor, and Pensions, and the Committee on the Judiciary of the Senate and the Committee on Ways and Means, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives on the preliminary findings of the evaluation under subsection (a); and
(2)
at a date agreed upon at the time of the preliminary briefing described in paragraph (1), submit a final report to such committees.

Sec. 202 Biomedical research on cannabis

(a)
In general— The Secretary of Health and Human Services (referred to in this section as the “Secretary”), in consultation with the Director of the National Institutes of Health, shall conduct or support research on the impacts of cannabis.
(b)
Topics— The research conducted or supported under subsection (a) may include research on—
(1)
the effects of tetrahydrocannabinol on the human brain;
(2)
the efficacy of cannabis as a treatment for specific diseases and conditions, including any impact on chronic pain and post-traumatic stress disorder;
(3)
the impact of the use of cannabis on—
(A)
pulmonary function;
(B)
cardiovascular events;
(C)
cancer, including testicular, ovarian, transitional cell, and head, neck, and oral cancers, and chronic illnesses;
(D)
mania;
(E)
psychosis;
(F)
cognitive effects; and
(G)
cannabinoid hyperemesis syndrome; and
(4)
the identification of additional medical benefits, harms, and uses of cannabis.
(c)
Considerations— In conducting or supporting the research under subsection (a), the Secretary may consider—
(1)
varying forms of cannabis, including—
(A)
full plants and extracts; and
(B)
different types of cannabis with significant variation in phenotypic traits and various ratios of tetrahydrocannabinol and cannabidiol in chemical composition; and
(2)
varying methods of cannabis delivery, including combustible and non-combustible inhalation and ingestion.
(d)
Annual reports— Not later than 18 months after the date of enactment of this Act, and annually thereafter for the next 4 years, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, a report that includes an overview of the research conducted and supported under this section.
(e)
Funding— In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

Sec. 203 Public health surveillance and data collection

(a)
In general— Section 392A of the Public Health Service Act (42 U.S.C. 280b–1) is amended—
(1)
in the section heading, by inserting “and adverse health effects of cannabis use” after “substances”;
(2)
in subsection (a)—
(A)
in paragraph (2)—
(i)
in subparagraph (C) by inserting “and adverse health effects of cannabis use” before the period; and
(ii)
in subparagraph (D) by inserting “, cannabis, and polysubstance use” before the period; and
(B)
in paragraph (4), by inserting “and collect data to better understand the use and health effects of cannabis, stimulants, and polysubstances, and” after “conduct studies and evaluations”;
(3)
in subsection (d), by striking “$496,000,000 for each of fiscal years 2019 through 2023” and inserting “$596,000,000 for each of fiscal years 2023 through 2027”; and
(4)
by adding at the end the following:

“(e) Additional funding—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $100,000,000 for each of fiscal years 2023 through 2027 to carry out this section.”

Sec. 204 Awards to prevent underage cannabis use

Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following:

“553. Awards to prevent underage cannabis use

“(a) In general—The Secretary, acting through the Assistant Secretary, shall award grants, contracts, and cooperative agreements to eligible entities to prevent and reduce underage cannabis use.

“(b) Eligible entities—To receive an award under this section, an entity shall be a State, political subdivision of a State, Indian Tribe or Tribal organization, an urban Indian organization, a nonprofit community-based organization, or any other nonprofit entity the Secretary determines appropriate.

“(c) Use of funds—An eligible entity receiving an award under this subsection shall use funds from such award to—

“(1) establish, enhance, and support culturally- and linguistically-appropriate programs, including community-based, school-based, and higher-education based programs, and programs that target youth within the juvenile justice and child welfare systems, that offer screening, prevention, early intervention, diagnosis, treatment, referral, and recovery support services related to underage cannabis use;

“(2) design, test, evaluate, and disseminate evidence-based and evidence-informed strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage cannabis use;

“(3) educate children, adolescents, youth, parents, health care providers, and communities about the dangers of underage cannabis use, including impaired driving due to cannabis use;

“(4) collect data on underage cannabis use to identify and address needs, service gaps, and trends;

“(5) strengthen collaboration among communities, the Federal Government, and State, local, and Tribal governments to prevent underage cannabis use;

“(6) address community norms regarding underage cannabis use, reduce opportunities for underage cannabis use, and reduce the prevalence of negative consequences associated with underage cannabis use; and

“(7) support other evidence-based and evidence-informed practices to reduce underage cannabis use, as determined by the Secretary.

“(d) Supplement not supplant—Funds awarded under this section shall supplement, and not supplant, existing State, Federal, local, and Tribal funds to prevent and reduce underage cannabis use.

“(e) Priority consideration—In making awards under this section, the Secretary shall give priority to eligible entities that serve medically underserved communities, communities with high rates of underage cannabis use, and communities that have historically experienced disproportionate arrest and conviction rates related to the sale, possession, use, manufacture, or cultivation of cannabis (but not counting convictions involving distribution of cannabis to a minor).

“(f) Funding—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

“(g) Definitions—For the purposes of this section—

“(1) the terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act; and

“(2) the term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act.”

Sec. 205 National media campaigns on cannabis use

(a)
In general— The Secretary of Health and Human Services (referred to in this section as the “Secretary”), in consultation with the Administrator of the National Highway Traffic Safety Administration, shall fund and oversee the production, broadcasting, and evaluation of a national public service media campaign to prevent and reduce underage cannabis use and cannabis impaired driving. Such campaign shall—
(1)
educate the public about—
(A)
the negative consequences of underage cannabis use and cannabis impaired driving; and
(B)
the public health and safety benefits of evidence-based and evidence-informed policies to reduce underage cannabis use and cannabis impaired driving, and build community and parental support for, and cooperation with, enforcement of such policies; and
(2)
be conducted—
(A)
through multiple media sources;
(B)
in a manner that is culturally and linguistically appropriate; and
(C)
in a manner that reflects best practices in public health communication, including in accessible formats.
(3)
Consultation requirement— In carrying out the campaign under this subsection, the Secretary shall consult with interested parties, including medical, public health, consumer, parent, disability, law enforcement, community-based, and other stakeholders, as determined by the Secretary.
(b)
Education and awareness campaign for cannabis use— The Secretary, in coordination with the heads of other appropriate departments and agencies and working through existing programs and activities, as appropriate, shall advance the education and awareness of the public (including health care providers, consumers, workplaces, and other appropriate entities) regarding cannabis use. The education and awareness campaigns under this subsection shall address—
(1)
any dangers and negative consequences of cannabis use;
(2)
awareness and prevention of cannabis use disorder;
(3)
the effects of cannabis on the human body, including with respect to the use of cannabis in different circumstances such as the workplace and while operating motor vehicles;
(4)
the effects of cannabis when mixed with other substances; and
(5)
other relevant public health or biomedical research, as the Secretary determines appropriate.
(c)
Report to Congress— The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives detailing the production, broadcasting, and evaluation of the campaigns under subsections (a) and (b). Such reports shall include—
(1)
details regarding the effectiveness of such campaigns in reducing underage cannabis use;
(2)
the need for, and likely effectiveness of, an expanded campaign under either such subsection; and
(3)
details regarding the consultation the Secretary engaged in pursuant to subsection (a)(2).
(d)
Funding— In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $5,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

Sec. 206 Increasing availability of cannabis products for research purposes

(a)
In general— The Secretary of Health and Human Services (referred to in this section as the “Secretary”), acting through the Director of the National Institutes of Health and in collaboration with the Commissioner of Food and Drugs and the Attorney General, shall take steps to increase the availability and diversity of research grade cannabis products for intramural and extramural research activities, including cannabis products with varied cannabinoid concentrations and cannabis products that reflect regional differences in products available to be sold directly to consumers.
(b)
Guidance— In carrying out subsection (a), the Secretary may develop guidance clarifying how entities engaged in extramural research supported by the Federal Government may access cannabis products available to be sold directly to consumers.
(c)
Congressional briefing— Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Health, Education, Labor, and Pensions and the Committee on the Judiciary of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives on the activities under subsection (a).
(d)
Funding— In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $275,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

Sec. 207 Trans-NIH cannabis consortium

Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by inserting at the end the following:

“404O. Trans-NIH cannabis consortium

“(a) Establishment—The Director of NIH shall establish and maintain a consortium to be known as the Trans-NIH Cannabis Research Consortium (referred to in this section as the “Consortium”) to coordinate cannabis research programs across the National Institutes of Health.

“(b) Membership—The members of the Consortium shall be appointed by the Director of NIH and consist of representatives of multiple national research institutes and national centers.

“(c) Chair—The Chair of the Consortium shall be the Director of the National Institute on Drug Abuse (or the Director’s designee).

“(d) Duties—In coordinating cannabis research programs across the National Institutes of Health, the Consortium shall—

“(1) establish cannabis research priorities;

“(2) identify gaps and opportunities for research collaborations involving multiple national research institutes and national centers; and

“(3) identify opportunities to develop the next generation of cannabis researchers.

“(e) Consultation—The Consortium shall consult regularly with external experts in the field of cannabis research, as appropriate, including industry, patient organizations, and other stakeholders.

“(f) Reporting—No later than 1 year after the date of enactment of the Cannabis Administration and Opportunity Act, and every 2 years thereafter, the Consortium shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make publicly available on the website of the National Institutes of Health, a report on—

“(1) any research project involving cannabis and involving more than one national research institute or national center that was supported during the review period;

“(2) any strategic initiatives that include a significant component related to cannabis;

“(3) career development awards for early-career researchers focused in cannabis research, including specific numbers of awards and amount of funding, made during the review period;

“(4) details on the composition of awards for early-career researchers, including demographic details indicating the proportion of recipients from populations that have been underrepresented in cannabis research; and

“(5) such other information as the Director of NIH determines appropriate.”

Sec. 208 Cannabis research interagency advisory committee

(a)
In general— There is established within the Department of Health and Human Services a Cannabis Research Interagency Advisory Committee (referred to in this subsection as the “Advisory Committee”) for purposes of coordinating—
(1)
Federal research activities relating to cannabis; and
(2)
aspects of all Federal programs and activities relating to cannabis research, in order to ensure the adequacy and technical soundness of such programs and activities, to minimize barriers to such programs and activities, to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities.
(b)
Members— The Advisory Committee established under subsection (a) shall consist of the heads of the following agencies or their designees:
(1)
The National Institutes of Health.
(2)
The Centers for Disease Control and Prevention.
(3)
The Food and Drug Administration.
(4)
The Substance Abuse and Mental Health Services Administration.
(5)
The Office of the Assistant Secretary of Health.
(6)
The Office of Minority Health.
(7)
The Drug Enforcement Administration.
(8)
The Alcohol, Tobacco, and Cannabis Tax and Trade Bureau (as so redesignated by section 102 of this Act).
(9)
The Department of Transportation.
(10)
Any other agency with subject matter expertise that the Secretary of Health and Human Services determines appropriate to advance research on cannabis.
(c)
Responsibilities— In carrying out its duties under this section, the Advisory Committee shall—
(1)
monitor cannabis research across all relevant Federal departments and agencies, including coordination of Federal activities with respect to cannabis;
(2)
develop a summary of advances in cannabis research;
(3)
identify barriers to conducting or supporting cannabis research;
(4)
make recommendations to the Secretary of Health and Human Services regarding any appropriate changes to such activities;
(5)
make recommendations to the Secretary of Health and Human Services regarding public participation in decisions relating to cannabis research, and the process by which public feedback can be better integrated into such decisions;
(6)
develop a strategic plan for the conduct of, and support for, cannabis research, which shall include—
(A)
proposed budgetary requirements; and
(B)
recommendations to ensure that cannabis research of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative; and
(7)
submit to Congress and the President—
(A)
an annual update on the summary of advances described in paragraph (2); and
(B)
an annual update to the strategic plan described in paragraph (5), including any progress made in achieving the goals outlined in such strategic plan.

Sec. 209 Awards for cannabis research

(a)
In general— The Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall award grants, contracts, or cooperative agreements to public and nonprofit entities (including consortiums of such entities) to conduct or support research on short- and long-term health effects of cannabis, considering beneficial and harmful effects and public health impacts. Such research may—
(1)
consider the etiology, epidemiology, and health effects of cannabis use in at-risk or under researched populations, such as pediatric and older populations, individuals with chronic illnesses, pregnant and lactating women and their infants and children, and heavy cannabis users;
(2)
consider the pharmacokinetic and pharmacodynamic properties of cannabis, modes of delivery, different concentrations, in various populations, including the dose-response relationships of cannabis and tetrahydrocannabinol or other cannabinoids;
(3)
consider the harms and benefits associated with understudied cannabis products, such as edibles, concentrates, and topical products;
(4)
consider the short- and long-term harms and benefits associated with exposure to chemicals and other products commonly involved in the growing, possessing, and selling of cannabis;
(5)
utilize clinical trials on the potential beneficial and harmful health effects of using different forms of cannabis, such as inhaled whole cannabis plant and oral cannabis;
(6)
seek to characterize the health effects of cannabis on unstudied and understudied health endpoints, such as epilepsy in pediatric populations, symptoms of posttraumatic stress disorder, childhood and adult cancers, cannabis-related overdoses and poisonings, and other high-priority health endpoints; and
(7)
provide support for the development of novel diagnostic technologies that allow for rapid, accurate, and noninvasive assessment of cannabis exposure and impairment.
(b)
Application— To be eligible to receive an award under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(c)
Priority— In selecting award recipients under this section, the Secretary shall give priority to any entity that is a minority-serving institution (defined, for purposes of this subsection, as an institution and program described in section 326(e)(1) of the Higher Education Act of 1965 (20 U.S.C. 1063b(e)(1)) and institution described in section 371(a) of such Act (20 U.S.C. 1067q(a))).
(d)
Considerations— In making awards under this section, the Secretary, to the extent practicable, may ensure equitable distribution of awards among the geographical regions of the United States.
(e)
Reporting—
(1)
Reports from entities— Each entity, or consortium of such entities, that receives an award under this section shall submit an annual report to the Secretary on the activities conducted under such award, and other information as the Secretary may require.
(2)
Report to congress— Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that provides a summary of the activities associated with awards made under this section.
(3)
Public availability— The Secretary shall make reports submitted under paragraph (2) publicly available on the website of the Department of Health and Human Services.
(f)
Funding— In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

Sec. 210 Department of Veterans Affairs clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder

(a)
Clinical trials required—
(1)
In general— The Secretary of Veterans Affairs shall carry out a series of clinical trials on the effects of medical-grade cannabis on the health outcomes of covered veterans diagnosed with chronic pain and covered veterans diagnosed with post-traumatic stress disorder.
(2)
Required elements— The clinical trials required by paragraph (1) shall include—
(A)
with respect to covered veterans diagnosed with chronic pain, an evaluation of the effects of the use of cannabis on—
(i)
osteopathic pain (including pain intensity and pain-related outcomes);
(ii)
the reduction or increase in opioid use or dosage;
(iii)
the reduction or increase in benzodiazepine use or dosage;
(iv)
the reduction or increase in alcohol use;
(v)
inflammation;
(vi)
sleep quality;
(vii)
agitation; and
(viii)
quality of life; and
(B)
with respect to covered veterans diagnosed with post-traumatic stress disorder, an evaluation of the effects of the use of cannabis on—
(i)
the symptoms of post-traumatic stress disorder (PTSD) as established by or derived from the clinician administered PTSD scale, the PTSD checklist, the PTSD symptom scale, the post-traumatic diagnostic scale, and other applicable methods of evaluating symptoms of post- traumatic stress disorder;
(ii)
the reduction or increase in benzodiazepine use or dosage;
(iii)
the reduction or increase in alcohol use;
(iv)
mood;
(v)
anxiety;
(vi)
social functioning;
(vii)
agitation;
(viii)
suicidal ideation; and
(ix)
sleep quality, including frequency of nightmares and night terrors.
(3)
Optional elements— The clinical trials required by paragraph (1) may include an evaluation of the effects of the use of cannabis to treat chronic pain and post-traumatic stress disorder on—
(A)
pulmonary function;
(B)
cardiovascular events;
(C)
head, neck, and oral cancer;
(D)
testicular cancer;
(E)
ovarian cancer;
(F)
transitional cell cancer;
(G)
intestinal inflammation;
(H)
motor vehicle accidents;
(I)
mania;
(J)
psychosis;
(K)
cognitive effects;
(L)
cannabinoid hyperemesis syndrome;
(M)
neuropathy;
(N)
spasticity;
(O)
substance use disorder; or
(P)
mental health disorder.
(b)
Long-Term observational study— The Secretary may carry out a long-term observational study of the participants in the clinical trials required by subsection (a).
(c)
Type of cannabis—
(1)
In general— In carrying out the clinical trials required by subsection (a), the Secretary shall study varying forms of cannabis, including whole plant raw material and extracts.
(2)
Plant cultivars— Of the varying forms of cannabis required under paragraph (1), the Secretary shall study not fewer than seven unique plant cultivars with ratios of tetrahydrocannabinol to cannabidiol in each of the following categories:
(A)
Less than 1:5.
(B)
Between 1:2 and 1:5.
(C)
Approximately 1:2.
(D)
Approximately 1:1.
(E)
Approximately 2:1.
(F)
Between 2:1 and 5:1.
(G)
More than 5:1.
(d)
Use of control and experimental groups— The clinical trials required by subsection (a) shall include both a control group and an experimental group that shall—
(1)
be of similar size and structure; and
(2)
represent the demographics of the veteran population, as determined by the most recent data from the American Community Survey of the Bureau of the Census that is available prior to the commencement of the clinical trials.
(e)
Limitation on enrollment of certain veterans— In enrolling veterans in a clinical trial under subsection (a), the Secretary shall avoid enrolling veterans who—
(1)
have existing substance use disorder or are at high-risk for developing substance use disorder; or
(2)
have contraindications to medicinal cannabis, which may include—
(A)
veterans with acute psychosis or at-risk of psychosis;
(B)
veterans for whom cannabis is contraindicated based on current medications taken, prescribed and nonprescribed;
(C)
veterans with severe cardiovascular, immunological, liver, or kidney disease; and
(D)
veterans who are pregnant or breastfeeding.
(f)
Data preservation— The clinical trials required by subsection (a) shall include a mechanism to ensure the preservation of all data, including all data sets, collected or used for purposes of such trials in a manner that will facilitate further research.
(g)
Implementation— Not later than 180 days after the date of the enactment of this Act, the Secretary shall—
(1)
develop a plan to implement this section and submit such plan to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives; and
(2)
issue any requests for proposals the Secretary determines appropriate for such implementation.
(h)
Effect on other benefits— The eligibility or entitlement of a covered veteran to any other benefit under the laws administered by the Secretary or any other provision of law shall not be affected by the participation of the covered veteran in a clinical trial under subsection (a) or a study under subsection (b).
(i)
Periodic reports— During the five-year period beginning on the date of the enactment of this Act, the Secretary shall submit periodically, but not less frequently than annually, to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives reports on the implementation of this section.
(j)
Covered veteran defined— In this section, the term covered veteran means a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code.

Sec. 211 Cannabis research infrastructure grants

Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et seq.) is amended by adding at the end the following:

“899. Cannabis research infrastructure grant program

“(a) In general—The Secretary, in consultation with the Secretary of Health and Human Services and, as appropriate, with other relevant Federal agencies, shall award grants, on a competitive basis, to institutions of higher education to enable such institutions to develop or enhance the necessary infrastructure for exploratory cannabis research, including the cultivation of cannabis for research purposes.

“(b) Applications—To be qualified to receive a grant under this section, an institution of higher education shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—

“(1) a description of the projects that the institution of higher education plans to carry out with grant funds; and

“(2) how such projects will address the research infrastructure needs of the institution of higher education.

“(c) Priority in awards—In awarding grants under this section, the Secretary shall give priority to—

“(1) institutions of higher education described in section 371(a);

“(2) under-resourced institutions of higher education, including community colleges; and

“(3) institutions of higher education with experience in conducting or supporting cannabis research or developing academic courses or programs for students in the cannabis industry.

“(d) Use of funds—An institution of higher education that receives a grant under this section shall use the grant funds to develop or enhance the necessary infrastructure for exploratory cannabis research, including—

“(1) cultivating cannabis for research purposes;

“(2) purchasing, renting, or leasing scientific or laboratory equipment;

“(3) constructing or upgrading cultivation or laboratory facilities;

“(4) purchasing or enhancing storage and security needs;

“(5) establishing school policies, procedures, or training to conduct or support research, such as policies and training to safely handle and store substances;

“(6) paying State fees to apply for and receive certificates or registrations to handle certain substances; or

“(7) recruiting or retaining staff necessary for developing or enhancing the cannabis research infrastructure of the institution of higher education, including for training and support purposes.

“(e) Awards—Notwithstanding any other provision of law, activities supported by grants under this section shall not be considered violations of section 120 for the purposes of enforcing or assessing compliance with that section.

“(f) Definitions—In this section:

“(1) Community college—The term community college means—

“(A) a public institution of higher education, including additional locations, at which the highest awarded degree, or the predominantly awarded degree, is an associate degree; or

“(B) a Tribal College or University (as defined in section 316).

“(2) Institution of higher education—The term institution of higher education has the meaning given that term in section 101.

“(g) Funding—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2023 through 2027 to carry out this section.”

B Cannabis-Impaired driving prevention

Sec. 221 Definitions

In this subtitle:
(1)
Administrator— The term Administrator means the Administrator of the National Highway Traffic Safety Administration.
(2)
Secretary— The term Secretary means the Secretary of Transportation.
(3)
THC— The term THC means tetrahydrocannabinol.

Sec. 222 Cannabis-impaired driving research

(a)
Cannabis-Impaired driving data—
(1)
In general— The Secretary shall collect and, as appropriate, share with the Secretary of Health and Human Services, data relating to cannabis-impaired driving, or a combination of cannabis and another substance, including through the collection of crash data specific to crashes involving drivers with—
(A)
THC in their system; or
(B)
a combination of THC and another substance in their system.
(2)
National roadside survey—
(A)
In general— Not later than 1 year after the date of enactment of this Act, the Administrator shall initiate a National Roadside Survey to collect data on drivers with THC in their system.
(B)
Report— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committees on Commerce, Science, and Transportation, Environment and Public Works, and Health, Education, Labor, and Pensions of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report summarizing the data acquired, and conclusions drawn, from the National Roadside Survey required under subparagraph (A).
(b)
Research on risks of cannabis-Impaired driving—
(1)
Study required—
(A)
In general— Not later than 3 years after the date of enactment of this Act, the Secretary shall carry out a study to evaluate and quantify the risks of cannabis-impaired driving.
(B)
Requirements— The study required under subparagraph (A) shall analyze—
(i)
whether there is an increased likelihood of crashing a motor vehicle after recent cannabis use;
(ii)
the effect of cannabis on driving behavior;
(iii)
whether there is a correlation between THC level (as tested in oral fluids) and level of impairment;
(iv)
whether the current Standard Field Sobriety Test developed by the National Highway Traffic Safety Administration accurately identifies cannabis impairment;
(v)
whether driving behavior changes depending on frequency of cannabis use;
(vi)
whether there are any potential increased risks associated with using cannabis together with another substance; and
(vii)
any other data necessary to improve safe driving outcomes, as determined by the Secretary.
(2)
Report— Not later than 3 years after the date of enactment of this Act, and annually thereafter until the date on which the study required under paragraph (1) is complete, the Secretary shall submit to the Committees on Commerce, Science, and Transportation, Environment and Public Works, and Health, Education, Labor, and Pensions of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report summarizing the data acquired, and conclusions drawn, from the study required under paragraph (1).

Sec. 223 DOT cannabis-impaired driving prevention programs

(a)
In general— The Secretary shall research and implement data-driven strategies to educate the public about the dangers of cannabis-impaired driving, which shall include the following:
(1)
Cannabis-impaired driving use prevention best practices—
(A)
In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and issue best practices for States and communities to prevent cannabis-impaired driving, including impaired driving involving the use of cannabis and another substance and practices targeting drivers under the age of 21, in consultation with the Director of the Centers for Disease Control and Prevention, the Secretary of Health and Human Services, and the heads of other Federal agencies as appropriate.
(B)
Updates— Not less frequently than biannually, the Secretary shall update and reissue the best practices required under subparagraph (A) as new research and data becomes available.
(2)
Cannabis-impaired driving use prevention campaigns— Not later than 2 years after the date of enactment of this Act, the Secretary shall establish and carry out national campaigns to prevent cannabis-impaired driving, including—
(A)
cannabis-impaired driving involving the use of cannabis and another substance; and
(B)
cannabis-impaired driving among drivers under the age of 21.
(b)
Campaign evaluation— Not less frequently than once every 3 years, the Secretary shall evaluate the effectiveness of the campaigns required under subsection (a)(2) and the activities carried out by States using a grant awarded under section 409 of title 23, United States Code, by using a variety of factors, including—
(1)
collecting data, including behavioral data, and comparing that data from before and after the campaigns;
(2)
(A)
engaging with stakeholders that were involved in the campaigns; and
(B)
analyzing feedback from those stakeholders on what the stakeholders saw as strengths and weaknesses of the campaigns;
(3)
determining whether the campaigns accomplished the objectives the Secretary set out to accomplish through analysis of data relating to the campaigns; and
(4)
any other factors the Secretary determines appropriate included in the document of the National Highway Traffic Safety Administration entitled “The Art of Appropriate Evaluation: A Guide for Highway Safety Program Managers” and dated December 2008 (or a successor document).
(c)
Report— Not later than 6 months after the date on which the Secretary completes an evaluation conducted under subsection (b), the Secretary shall submit to the Committees on Commerce, Science, and Transportation, Environment and Public Works, and Health, Education, Labor, and Pensions of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
(1)
summarizes the data collected and provides the analysis of the data from an evaluation conducted under subsection (b);
(2)
includes recommendations for future impaired driving campaigns; and
(3)
includes any determinations that a national campaign or an activity carried out by a State using a grant awarded under section 409 of title 23, United States Code, is ineffective at preventing cannabis-impaired driving.

Sec. 224 State cannabis-impaired driving prevention grant program

(a)
In general— Chapter 4 of title 23, United States Code, is amended by inserting after section 408 the following:

“409. State cannabis-impaired driving prevention grant program

“(a) Definitions—In this section:

“(1) Cannabis—The term cannabis has the meaning given the term in subsection (ss) of section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

“(2) Grant program—The term grant program means the grant program established under subsection (b).

“(3) THC—The term THC has the meaning given the term in section 221 of the Cannabis Administration and Opportunity Act.

“(b) Establishment—Not later than 1 year after the date of enactment of the Cannabis Administration and Opportunity Act, the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall establish a program to provide grants to States, in accordance with subsection (c), to implement programs to prevent impaired driving due to cannabis use.

“(c) Eligibility—The Secretary may provide a grant under this section to any State that—

“(1) describes how the State will use the grant funds in accordance with a highway safety program under section 402, including how the State will implement the best practices developed by the Secretary under section 223(a)(1) of the Cannabis Administration and Opportunity Act; and

“(2) agrees to provide data and information, as determined by the Secretary, to assist with the evaluation of the effectiveness of the eligible activities described in subsection (d).

“(d) Use of funds—A State may use a grant awarded under this section for the following activities:

“(1) Enforcement activities, including—

“(A) to train public safety personnel to detect impaired driving due to the use of cannabis or a combination of cannabis and another substance;

“(B) to increase the capacity of impaired driving toxicology testing laboratories in the State to support impaired driving investigations, including to purchase equipment, hire staff, provide training, and improve procedures, including to improve toxicology testing standards to be consistent with the standards contained in the document of the National Safety Council entitled “Recommendations for Toxicological Investigation of Drug-Impaired Driving and Motor Vehicle Fatalities–2021 Update” (or a successor document);

“(C) to train for and implement impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of an individual convicted of driving under the influence of cannabis, or a combination of cannabis and another substance, and to determine the most effective mental health or substance abuse treatment or sanction that will reduce that risk;

“(D) to develop and implement high-visibility enforcement efforts relating to cannabis-impaired driving; and

“(E) for court support of high-visibility enforcement efforts, to train and educate criminal justice professionals (including law enforcement personnel, prosecutors, judges, and probation officers) to assist those professionals in—

“(i) handling cannabis-impaired driving cases;

“(ii) hiring traffic safety resource prosecutors;

“(iii) hiring judicial outreach liaisons; and

“(iv) establishing driving while intoxicated courts.

“(2) Data collection activities, including—

“(A) to collect data relating to the use of cannabis, drugs, or multiple substances by drivers, including the prevalence of the use of those substances among drivers arrested for impaired driving; and

“(B) to increase drug testing and reporting for all fatal crashes and serious injuries to better understand the scope of cannabis-impaired driving, or a combination of cannabis and another substance.

“(3) Education activities, including—

“(A) to develop and carry out educational campaigns to better educate the public about the harms associated with cannabis-impaired driving, including impaired driving associated with the use of cannabis and another substance; and

“(B) to participate in national campaigns organized by the Secretary under section 223(a)(2) of the Cannabis Administration and Opportunity Act.

“(e) Prohibition—The Secretary may prohibit the use of grant funds for an activity described in subsection (d) if the Secretary determines that the activity is ineffective at preventing cannabis-impaired driving after conducting an evaluation required under section 223(b) of the Cannabis Administration and Opportunity Act.

“(f) Grant amounts

“(1) In general—The allocation of grant funds to a State under this section for a fiscal year shall be in proportion to the apportionment of funds a State receives under section 402(c)(2).

“(2) Requirement—Not less than 10 percent of the funds allocated to a State under this section shall be used to carry out activities described in subsection (d)(1)(B).

“(g) Federal share

“(1) In general—For the first 3 fiscal years after the date on which the grant program is established under subsection (b), and each fiscal year thereafter for a State that meets the condition described in paragraph (2)(B) during that fiscal year, the Federal share of the costs of activities carried out with a grant awarded under the grant program shall be 80 percent in any fiscal year in which the State is awarded a grant.

“(2) Decreased Federal share

“(A) In general—For any State that does not meet the condition described in subparagraph (B), the Federal share of the costs of activities carried out with a grant awarded under the grant program shall be—

“(i) 70 percent in the fourth fiscal year after the date on which the grant program is established under subsection (b);

“(ii) 60 percent in the fifth fiscal year after that date; and

“(iii) 50 percent in the sixth fiscal year after that date and each fiscal year thereafter.

“(B) Condition—The condition referred to in paragraph (1) and subparagraph (A) is that the State shall implement an open container law relating to cannabis products.

“(h) Funding—In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $45,000,000 for each of fiscal years 2023 through 2027 to carry out this section.”

(b)
Clerical amendment— The analysis for chapter 4 of title 23, United States Code, is amended by inserting after the item relating to section 408 the following:

Sec. 225 National cannabis impairment standard

(a)
In general— Not later than 3 years after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall make a determination as to whether or not it is feasible to establish a national standard for determining impairment for cannabis-impaired driving.
(b)
Rulemaking required— If the Secretary determines that establishing a national standard relating to cannabis-impaired driving under subsection (a) is feasible, the Secretary shall, not later than 1 year after that determination, promulgate regulations establishing a model marijuana impairment standard for States.

Sec. 226 Funding

In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $30,000,000 for each of fiscal years 2023 through 2027 to carry out sections 222 and 223.