[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2909 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2909
To provide for congressional review of rules rescheduling marijuana.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2023
Ms. Lummis (for herself and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for congressional review of rules rescheduling marijuana.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deferring Executive Authority Act''
or the ``DEA Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered rule.--The term ``covered rule'' means a rule
transferring marijuana between schedules established by section
202 of the Controlled Substances Act (21 U.S.C. 812).
(2) Marijuana.--The term ``marijuana'' has the meaning
given the term in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
(3) Joint resolution.--The term ``joint resolution'' means
only a joint resolution introduced in the period beginning on
the date on which the report referred to in section 3(a)(1) is
received by Congress and ending 60 days thereafter (excluding
days either House of Congress is adjourned for more than 3 days
during a session of Congress), the matter after the resolving
clause of which is as follows: ``That Congress disapproves the
rule submitted by the Attorney General relating to transferring
marijuana between schedules established by section 202 of the
Controlled Substances Act (21 U.S.C. 812), and such rule shall
have no force or effect.''.
(4) Submission or publication date.--The term ``submission
or publication date'' means the later of the date on which--
(A) Congress receives the report submitted under
section 3(a)(1); or
(B) the covered rule published in the Federal
Register, if so published.
SEC. 3. CONGRESSIONAL REVIEW OF RULES RESCHEDULING MARIJUANA.
(a) Congressional Review.--
(1) Report.--Before a covered rule can take effect, the
Attorney General shall submit to each House of Congress and to
the Comptroller General a report containing--
(A) a copy of the covered rule;
(B) a concise general statement relating to the
covered rule; and
(C) the proposed effective date of the covered
rule.
(2) Joint resolution of disapproval.--A covered rule
described in paragraph (1) shall not take effect (or continue)
if Congress enacts a joint resolution.
(b) Referral.--A joint resolution shall be referred to the
committees in each House of Congress with jurisdiction.
(c) Discharge.--In the Senate, if the committee to which is
referred a joint resolution has not reported such joint resolution (or
an identical joint resolution) at the end of 20 calendar days after the
submission or publication date, such committee may be discharged from
further consideration of such joint resolution upon a petition
supported in writing by 30 Members of the Senate, and such joint
resolution shall be placed on the calendar.
(d) Floor Consideration.--
(1) In general.--In the Senate, when the committee to which
a joint resolution is referred has reported, or when a
committee is discharged (under subsection (c)) from further
consideration of a joint resolution, it is at any time
thereafter in order (even though a previous motion to the same
effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order
against the joint resolution (and against consideration of the
joint resolution) are waived. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the joint resolution is agreed to, the
joint resolution shall remain the unfinished business of the
Senate until disposed of.
(2) Debate.--In the Senate, debate on the joint resolution,
and on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which
shall be divided equally between those favoring and those
opposing the joint resolution. A motion further to limit debate
is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution is not
in order.
(3) Vote on final passage.--In the Senate, immediately
following the conclusion of the debate on a joint resolution,
and a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the Senate, the vote
on final passage of the joint resolution shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate to the
procedure relating to a joint resolution shall be decided
without debate.
(e) Applicability.--In the Senate the procedure specified in
subsection (c) or (d) shall not apply to the consideration of a joint
resolution respecting a covered rule--
(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date; or
(2) if the report under subsection (a)(1) was submitted
during the period beginning on the date occurring, in the case
of the Senate, 60 session days, or in the case of the House of
Representatives, 60 legislative days, before the date the
Congress adjourns a session of Congress through the date on
which the same or succeeding Congress first convenes its next
session, after the expiration of the 60 session days beginning
on the 15th session day after the succeeding session of
Congress first convenes.
(f) Coordination With Action by Other House.--If, before the
passage by one House of a joint resolution of that House, that House
receives from the other House a joint resolution, then the following
procedures shall apply:
(1) The joint resolution of the other House shall not be
referred to a committee.
(2) With respect to a joint resolution of the House
receiving the joint resolution--
(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
(B) the vote on final passage shall be on the joint
resolution of the other House.
(g) Rules of the Senate and House of Representatives.--This section
is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
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