[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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