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116th Congress  }                                             {   Report
                         HOUSE OF REPRESENTATIVES
 2d Session     }                                             {   116-607

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3884) TO DECRIMINALIZE 
AND DESCHEDULE CANNABIS, TO PROVIDE FOR REINVESTMENT IN CERTAIN PERSONS 
 ADVERSELY IMPACTED BY THE WAR ON DRUGS, TO PROVIDE FOR EXPUNGEMENT OF 
           CERTAIN CANNABIS OFFENSES, AND FOR OTHER PURPOSES

                                _______
                                

  December 2, 2020.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mr. McGovern, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                      [To accompany H. Res. 1244]

    The Committee on Rules, having had under consideration 
House Resolution 1244, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3884, the 
Marijuana Opportunity Reinvestment and Expungement Act of 2019, 
under a closed rule. The resolution provides one hour of debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on the Judiciary. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 116-67, modified by the amendment printed in 
this report, shall be considered as adopted and the bill, as 
amended, shall be considered as read. The resolution waives all 
points of order against provisions in the bill, as amended.
    The resolution provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes waivers of the following:
          Clause 3(d) of rule XIII, which requires the 
        inclusion of committee cost estimate in a committee 
        report. A CBO cost estimate on H.R. 3884 was not 
        available at the time the Committee on the Judiciary 
        filed its report.
          Clause 12(a)(1) of rule XXI, which prohibits 
        consideration of a bill unless there is a searchable 
        electronic comparative print that shows how the bill 
        proposes to change current law.
          Clause 12(b) of rule XXI, which prohibits 
        consideration of a bill unless there is a searchable 
        electronic comparative print that shows how the text of 
        the bill as proposed to be considered differs from the 
        text of the bill as reported.
    The waiver of all points of order against provisions in the 
bill, as amended, includes waivers of the following:
          Clause 4 of rule XXI, which prohibits 
        reporting a bill carrying an appropriation from a 
        committee not having jurisdiction to report an 
        appropriation.
          Clause 5(a) of rule XXI, which prohibits a 
        bill or joint resolution carrying a tax or tariff 
        measure from being reported by a committee not having 
        jurisdiction to report tax or tariff measures.

      SUMMARY OF THE AMENDMENT TO H.R. 3884 CONSIDERED AS ADOPTED

    1. Nadler (NY): Ensures that the Department of 
Transportation and the Coast Guard may continue to issue 
regulations and test for the unauthorized presence of or 
illegal use of marijuana by certain transportation employees in 
sensitive-safety positions, emphasizes that expungement of 
marijuana offenses is limited to non-violent marijuana 
offenders, bars leaders and organizers (``kingpins''') 
convicted of Federal marijuana offenses from obtaining 
expungement of those offenses, and provides that the study to 
be conducted by the Comptroller General include the use of 
marijuana for purposes relating to the health, including mental 
health, of veterans. (10 minutes)

          TEXT OF AMENDMENT TO H.R. 3884 CONSIDERED AS ADOPTED

  Page 12, after line 9, add the following:
  (h) Special Rule for Certain Regulations.--
          (1) In general.--The amendments made by this section 
        may not be construed to abridge the authority of the 
        Secretary of Transportation, or the Secretary of the 
        department in which the Coast Guard is operating, to 
        regulate and screen for the use of a controlled 
        substance.
          (2) Controlled substance defined.--In this 
        subsection, the term ``controlled substance'' means--
                  (A) any substance covered under section 102 
                of the Controlled Substances Act (21 U.S.C. 
                802) on the day before the date of enactment of 
                this Act; and
                  (B) any substance not covered under 
                subparagraph (A) that was a substance covered 
                under section 102 of the Controlled Substances 
                Act (21 U.S.C. 802) on December 1, 2018, and 
                specified by the Secretary of Transportation.
  Page 73, line 6, strike ``(36)'' and insert ``(37)''.
  Page 78, line 2, insert ``Non-violent'' before ``Federal''.
  Page 78, line 9, insert ``non-violent'' before ``Federal''.
  Page 79, line 1, insert ``non-violent'' before ``Federal''.
  Page 79, line 18, insert ``non-violent'' before ``Federal''.
  Page 80, line 5, insert ``non-violent'' before ``Federal''.
  Page 81, insert after line 6 the following (and redesignate 
succeeding subsections accordingly):
  (d) Exception.--An individual who at sentencing received an 
aggravating role adjustment pursuant to United States 
Sentencing Guideline 3B1.1(a) in relation to a Federal cannabis 
offense conviction shall not be eligible for expungement of 
that Federal cannabis offense conviction under this section.
  Page 82, line 11, strike ``subsection (e)'' and insert 
``subsection (f)''.
  Page 85, after line 2, insert the following new paragraph 
(and redesignate subsequent paragraphs accordingly):
          (9) uses of marijuana and its byproducts for purposes 
        relating to the health, including the mental health, of 
        veterans;