[Congressional Record Volume 164, Number 154 (Monday, September 17, 2018)]
[Senate]
[Pages S6193-S6194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4017. Mr. MARKEY (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed to amendment SA 4013 proposed by Mr. 
Alexander to the bill H.R. 6, to provide for opioid use disorder 
prevention, recovery, and treatment, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LABELING OF PRESCRIPTION OPIOIDS.

       (a) In General.--Section 305(c) of the Controlled 
     Substances Act (21 U.S.C. 825(c)) is amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following:
       ``(2) The label of any container or package containing an 
     opioid or opiate listed in schedule II or III shall, when 
     dispensed (other than administered) to or for a patient, 
     contain a clear, concise warning, in a manner specified by 
     the Secretary by regulation, that the opioids or opiates 
     dispensed can cause dependence, addiction, and overdose.''.
       (b) Regulations.--
       (1) Regulations.--The Secretary of Health and Human 
     Services shall prescribe regulations under section 503(b) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) 
     to implement the amendment made by subsection (a) and such 
     regulations shall be effective not later than 2 years after 
     the date of enactment of this Act.
       (2) Interim rules.--The Secretary of Health and Human 
     Services may issue the regulations required under paragraph 
     (1) by interim rule to the extent necessary to comply with 
     the timing requirement in paragraph (1).
                                 ______
                                 
  SA 4018. Mr. MARKEY (for himself, Mr. Paul, and Ms. Hassan) submitted 
an amendment intended to be proposed to amendment SA 4013 proposed by 
Mr. Alexander to the bill H.R. 6, to provide for opioid use disorder 
prevention, recovery, and treatment, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 67, between lines 17 and 18, insert the following:
       (b) Eliminating Any Time Limitation for Nurse 
     Practitioners, Clinical Nurse Specialists, Certified 
     Registered Nurse Anesthetists, Certified Nurse Midwives, and 
     Physician Assistants To Become Qualifying Practitioners.--
     Section 303(g)(2)(G)(iii)(II) of the Controlled Substances 
     Act (21 U.S.C. 823(g)(2)(G)(iii)(II)) is amended by striking 
     ``during the period beginning on the date of enactment of the 
     Comprehensive Addiction and Recovery Act of 2016 and ending 
     on October 1, 2021'' and inserting ``beginning on the date of 
     enactment of the Comprehensive Addiction and Recovery Act of 
     2016''.
       (c) Definition of Qualifying Other Practitioner.--Clause 
     (iv) of section 303(g)(2)(G) of the Controlled Substances Act 
     (21 U.S.C. 823(g)(2)(G)) is amended by striking ``nurse 
     practitioner or physician assistant'' each place it appears 
     and inserting ``nurse practitioner, clinical nurse 
     specialist, certified registered nurse anesthetist, certified 
     nurse midwife, or physician assistant''.
                                 ______
                                 
  SA 4019. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 6, to provide for opioid use disorder 
prevention, recovery, and treatment, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ANNUAL FEE.

       (a) In General.--Each year, beginning with calendar year 
     1999, the Secretary of Health and Human Services shall assess 
     a fee against each prescription drug manufacturer that, at 
     any time during the applicable calendar year, manufactured 
     any opioid drug. Such fee, with respect to such a 
     manufacturer, shall be in an amount, as determined by such 
     Secretary, that bears the same relationship to $2,000,000,000 
     as the market share of any opioid drugs manufactured by such 
     manufacturer during the applicable calendar year bears to the 
     total market for opioid drugs during such year.
       (b) Transfers to Block Grant Programs.--For each year that 
     the Secretary of Health and Human Services assesses fees 
     under subsection (a), the Secretary of the Treasury shall 
     transfer from the general fund of the Treasury to the 
     Secretary of Health and Human Services an amount equal to the 
     amount of such fees, for purposes of carrying out the 
     substance abuse prevention and treatment block grant under 
     subpart II of part B of title XIX of the Public Health 
     Service Act (42 U.S.C. 300x-21 et seq.).
                                 ______
                                 
  SA 4020. Mr. COTTON (for himself and Mr. Jones) submitted an 
amendment intended to be proposed by him to the bill S. 3004, to amend 
the Sarbanes-Oxley Act of 2002 to exclude privately held, non-custody 
brokers and dealers that are in good standing from certain requirements 
under title I of that Act, and for other purposes; which was referred 
to the Committee on Banking, Housing, and Urban Affairs; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Audit 
     Correction Act of 2018''.

     SEC. 2. EXEMPTION.

       (a) Amendments to Title I of the Sarbanes-Oxley Act of 
     2002.--Section 110 of the Sarbanes-Oxley Act of 2002 (15 
     U.S.C. 7220) is amended--
       (1) in paragraph (3), by inserting ``, except that the term 
     does not include a non-custody broker or dealer that is 
     privately held and in good standing'' after ``registered 
     public accounting firm'';
       (2) in paragraph (4), by inserting ``, except that the term 
     does not include a non-custody broker or dealer that is 
     privately held and in good standing'' after ``registered 
     public accounting firm'';
       (3) by redesignating paragraphs (5) and (6) as paragraphs 
     (8) and (9), respectively; and
       (4) by inserting after paragraph (4) the following:
       ``(5) In good standing.--The term `in good standing' means, 
     with respect to a broker or dealer (as those terms are 
     defined in section 3(a) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78c(a))), that, as of the last day of the 
     most recently completed fiscal year of the broker or dealer, 
     as applicable, the broker or dealer--
       ``(A) is registered with the Commission;
       ``(B) is a member of an association that is a registered 
     securities association under section 15A of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78o-3);
       ``(C) is compliant with the minimum dollar net capital 
     requirements under section 240.15c3-1 of title 17, Code of 
     Federal Regulations, or any successor regulation;
       ``(D) has not been, during the 10-year period preceding 
     that date, convicted of a felony under Federal or State law;
       ``(E) does not employ a registered representative who, 
     during the 10-year period preceding that date, has been 
     convicted of a felony under Federal or State law for 
     fraudulent conduct; and
       ``(F) is not, as described in part in section 3(a)(39) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(39))--
       ``(i) expelled or suspended from membership or 
     participation in a self-regulatory organization or an 
     association that is a registered futures association under 
     section 17 of the Commodity Exchange Act (7 U.S.C. 21);
       ``(ii) subject to an order of the Commission, or another 
     appropriate regulatory agency, denying, suspending, or 
     revoking the registration of the broker or dealer as a 
     regulated entity; or
       ``(iii) subject to an order of the Commodity Futures 
     Trading Commission, or another appropriate regulatory agency, 
     denying, suspending, or revoking--

[[Page S6194]]

       ``(I) the registration of the broker or dealer under the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.); or
       ``(II) the authority of the broker or dealer to engage in 
     any transaction.

       ``(6) Non-custody broker or dealer.--The term `non-custody 
     broker or dealer' means a broker or dealer (as those terms 
     are defined in section 3(a) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78c(a))), as applicable, that--
       ``(A) as of the last day of the most recently completed 
     fiscal year of the broker or dealer, has not less than 1 and 
     not more than 150 associated persons of the broker or dealer 
     (as that term is defined in section 3(a) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78c(a))) that are registered 
     with a self-regulatory organization of which the broker or 
     dealer is a member; and
       ``(B) throughout the most recently completed fiscal year of 
     the broker or dealer--
       ``(i) did not, as a matter of ordinary business practice in 
     connection with the activities of the broker or dealer, 
     receive customer checks, drafts, or other evidence of 
     indebtedness made payable to the broker or dealer;
       ``(ii) promptly forwarded customer securities and customer 
     checks, drafts, or other evidence of indebtedness payable to 
     a third party, including a clearing broker or dealer, in 
     compliance with section 240.15c3-3 of title 17, Code of 
     Federal Regulations, or any successor regulation;
       ``(iii) did not otherwise hold customer securities or cash;
       ``(iv) if required under section 3(a)(2) of the Securities 
     Investor Protection Act of 1970 (15 U.S.C. 78ccc(a)(2)), was 
     a member of the Securities Investor Protection Corporation; 
     and
       ``(v) either--

       ``(I) claimed exemption from section 240.15c3-3 of title 
     17, Code of Federal Regulations, or any successor regulation; 
     or
       ``(II) claimed no exemption from section 240.15c3-3 of 
     title 17, Code of Federal Regulations, or any successor 
     regulation (or was not otherwise subject to that section) 
     because the broker or dealer did not maintain custody over 
     any customer securities or cash.

       ``(7) Privately held.--The term `privately held' means, 
     with respect to a broker or dealer (as those terms are 
     defined in section 3(a) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78c(a))), that the broker or dealer, as 
     applicable, is not an issuer.''.
       (b) Amendments to Regulations.--
       (1) Definitions.--In this subsection, the terms ``in good 
     standing'', ``non-custody broker or dealer'', and ``privately 
     held'' have the meanings given those terms in section 110 of 
     the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7220), as amended 
     by subsection (a).
       (2) Required amendments.--Not later than 180 days after the 
     date of enactment of this Act, the Securities and Exchange 
     Commission shall make any necessary amendments to regulations 
     of the Commission that are in effect as of the date of 
     enactment of this Act in order to--
       (A) carry out this Act and the amendments made by this Act; 
     and
       (B) exclude the auditors of non-custody brokers or dealers 
     that are privately held and in good standing from the audit 
     requirements of the Public Company Accounting Oversight 
     Board.
       (c) Effective Date.--Except as provided in subsection (b), 
     this Act, and the amendments made by this Act, shall take 
     effect on the date that is 180 days after the date of 
     enactment of this Act.

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