[House Report 117-285]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {      117-285

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3617) 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; PROVIDING FOR 
   CONSIDERATION OF THE BILL (H.R. 6833) TO AMEND TITLE XXVII OF THE 
 PUBLIC HEALTH SERVICE ACT, THE INTERNAL REVENUE CODE OF 1986, AND THE 
     EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 TO ESTABLISH 
REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN PRODUCTS, 
             AND FOR OTHER PURPOSES; AND FOR OTHER PURPOSES

                                _______
                                

   March 31, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                      [To accompany H. Res. 1017]

    The Committee on Rules, having had under consideration 
House Resolution 1017, by a record vote of 9 to 4, 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. 3617, the 
MORE Act, under a structured rule. The resolution provides one 
hour of general debate on the bill equally divided and 
controlled by the chair and ranking minority member of the 
Committee on the Judiciary or their designees. 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 117-
37, modified by the amendment printed in part A of 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 makes in order only those further amendments to H.R. 
3617 printed in Part B of this report. Each such amendment may 
be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question. The 
resolution waives all points of order against the amendments 
printed in part B of this report. The resolution provides for 
one motion to recommit. The resolution provides for 
consideration of H.R. 6833, the Affordable Insulin Now Act, 
under a closed rule. The resolution provides one hour of 
general debate equally divided among and controlled by the 
chairs and ranking minority members of the Committees on 
Education and Labor, Energy and Commerce, and Ways and Means, 
or their respective designees. 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 117-38, 
modified by the amendment printed in part C of 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. The resolution 
provides that House Resolution 188, agreed to March 8, 2021 (as 
most recently amended by House Resolution 900, agreed to 
February 2, 2022), is amended by striking ``April 1, 2022'' 
each place it appears and inserting (in each instance) ``April 
29, 2022''.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 3617 includes a waiver of clause 3(d)(1) of rule XIII, 
which requires the inclusion of committee cost estimate in a 
committee report.
    The waiver of all points of order against provisions of 
H.R. 3617, 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.
    Although the resolution waives all points of order against 
the amendments printed in part B of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.
    The waiver of all points of order against consideration of 
H.R. 6833 includes waivers of the following:
    --Clause 12 of rule XXI, which prohibits consideration of a 
bill pursuant to a special order of business reported by the 
Committee on Rules that has not been reported by a committee.
    --302(f) of the Congressional Budget Act, which prohibits 
consideration of legislation providing new budget authority in 
excess of a 302(a) or 302(b) allocation of such authority.
    Although the resolution waives all points of order against 
provisions in H.R. 6833, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 207

    Motion by Mr. Burgess to amend the rule to H.R. 3617 to 
make in order amendment #1, offered by Rep. Bishop (NC), which 
requires the Secretary of Transportation, in consultation with 
the Attorney General, to develop best practices for the 
recognition and testing of drivers impaired by marijuana. 
Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 208

    Motion by Mr. Cole to strike the language in the rule that 
would continue the tolling of days for Resolutions of Inquiry. 
Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 209

    Motion by Mrs. Fischbach to amend the rule to H.R. 3617 to 
make in order amendment #6, offered by Rep. Stauber (MN), which 
provides that nothing in this Act shall be construed to 
prohibit the deportation of an alien convicted of driving under 
the influence of marijuana. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 210

    Motion by Mrs. Fischbach to amend the rule to H.R. 3617 to 
make in order amendment #4, offered by Rep. Lamb (PA), which 
maintains the penalties in the Controlled Substance Act for 
selling or providing minors with marijuana and for distributing 
marijuana near schools. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 211

    Motion by Mr. Perlmutter to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Yea   Mr. Cole..........................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mr. Reschenthaler.................          Nay
Ms. Scanlon.....................................          Yea   Mrs. Fischbach....................          Nay
Mr. Morelle.....................................          Yea
Mr. DeSaulnier..................................          Yea
Ms. Ross........................................          Yea
Mr. Neguse......................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

 SUMMARY OF THE AMENDMENT TO H.R. 3617 IN PART A CONSIDERED AS ADOPTED

    1. Nadler (NY): Clarifies that the provisions in section 9 
mirror the scope of relief under the criminal justice 
provisions.

     SUMMARY OF THE AMENDMENTS TO H.R. 3617 IN PART B MADE IN ORDER

    1. Gottheimer (NJ): Authorizes $10M for the National 
Highway Traffic Safety Administration to conduct a study on 
technologies and methods that law enforcement may use to 
determine whether a driver is impaired by marijuana. (10 
minutes)
    2. Lamb (PA): Directs the National Institute for 
Occupational Safety and Health (NIOSH) to conduct a study on 
the impact of legalization to the workplace, using states that 
have legalized recreational use of cannabis as a guide, and 
requires NIOSH to develop best practices for employers as 
companies transition their policies related to cannabis, 
prioritizing employers engaged in federal infrastructure 
projects, transportation, public safety, and national security. 
Directs the Department of Education to conduct a study on the 
impact of legalization to schools and school aged children, 
using states that have legalized recreational use of cannabis 
as a guide, and requires the Department of Education to develop 
best practices for educators and administrators to protect 
children from any negative impacts. (10 minutes)
    3. Raskin (MD): States that cannabis use shall not be the 
reason for denying or rescinding a security clearance. (10 
minutes)

 SUMMARY OF THE AMENDMENT TO H.R. 6833 IN PART C CONSIDERED AS ADOPTED

    1. DeLauro (CT): Strikes section 3(d).

      PART A--TEXT OF AMENDMENT TO H.R. 3617 CONSIDERED AS ADOPTED

  Page 79, line 5, strike ``relating to cannabis'' and insert 
``relating to the possession or use of cannabis that is no 
longer prohibited pursuant to this Act or an amendment made by 
this Act''.

         PART B--TEXT OF AMENDMENTS TO H.R. 3617 MADE IN ORDER

   1. An Amendment To Be Offered by Representative Gottheimer of New 
            Jersey or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 16. STUDY ON MARIJUANA IMPAIRMENT.

  (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall 
conduct a study on technologies and methods that law 
enforcement may use to determine whether a driver is impaired 
by marijuana.
  (b) Requirements.--The study conducted under subsection (a) 
shall be carried out by the National Highway Traffic Safety 
Administration, in consultation with any other agency the 
Secretary determines appropriate.
  (c) Authorization Of Appropriations.--There is authorized to 
be appropriated $10,000,000 to carry out this section.
                              ----------                              


2. An Amendment To Be Offered by Representative Lamb of Pennsylvania or 
                 His Designee, Debatable for 10 Minutes

  Add at the end of the bill the following:

SEC. 16. WORKPLACE IMPACT OF MARIJUANA LEGALIZATION STUDY.

  Not later than one year after the date of enactment of this 
Act, the National Institute for Occupational Safety and Health 
shall--
          (1) conduct a study and submit to Congress a report 
        on the impact of the legalization of recreational 
        cannabis by States on the workplace; and
          (2) develop best practices for use by employers that 
        are transitioning their policies related to the use of 
        recreational cannabis, prioritizing the development of 
        best practices for employers engaged in Federal 
        infrastructure projects, transportation, public safety, 
        and national security.

  Add at the end of the bill the following:

SEC. 17. SCHOOL IMPACT OF MARIJUANA LEGALIZATION STUDY.

  Not later than one year after the date of enactment of this 
Act, the Secretary of Education shall--
          (1) conduct a study and submit to Congress a report 
        on the impact of the legalization of recreational 
        cannabis by States on schools and school-aged children; 
        and
          (2) develop best practices for use by educators and 
        administrators to protect school-aged children from any 
        negative impacts of such legalization.
                              ----------                              


 3. An Amendment To Be Offered by Representative Raskin of Maryland or 
                 His Designee, Debatable for 10 Minutes

  Page 78, after line 20 insert the following:
  (c) Review and Reassessment.--
          (1) In general.--Not later than one year after the 
        date of the enactment of this Act, each Federal agency 
        shall review and reassess each decision, made on or 
        after May 1, 1971, to deny or rescind the security 
        clearance of an individual described.
          (2) Reason for denial.--A review and reassessment 
        conducted under paragraph (1) shall not use past or 
        present cannabis or marijuana use as a reason to deny 
        or rescind a security clearance.
          (3) Notice.--A Federal agency conducting a review and 
        reassessment under paragraph (1) shall notify each 
        individual described of such review and reassessment 
        and provide such individual an opportunity to decline 
        the review and reassessment. As applicable, an 
        individual described shall be notified of the outcome 
        of any review and reassessment conducted as soon as 
        practicable.
          (4) Individual described.--In this subsection, the 
        term ``individual described'' means any individual who 
        has had a security clearance denied or rescinded for 
        past or present cannabis or marijuana use.

      PART C--TEXT OF AMENDMENT TO H.R. 6833 CONSIDERED AS ADOPTED

    Strike section 3(d).

                                  [all]