[House Report 116-607]
[From the U.S. Government Publishing Office]
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
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December 2, 2020.--Referred to the House Calendar and ordered to be
printed
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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;