II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Deferring Executive 

5 Authority Act’’ or the ‘‘DEA Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COVERED RULE.—The term ‘‘covered rule’’ 

9 means a rule transferring marijuana between sched10 ules established by section 202 of the Controlled 

11 Substances Act (21 U.S.C. 812). 


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1 (2) MARIJUANA.—The term ‘‘marijuana’’ has 

2 the meaning given the term in section 102 of the 

3 Controlled Substances Act (21 U.S.C. 802). 

4 (3) JOINT RESOLUTION.—The term ‘‘joint reso5 lution’’ means only a joint resolution introduced in 

6 the period beginning on the date on which the report 

7 referred to in section 3(a)(1) is received by Congress 

8 and ending 60 days thereafter (excluding days either 

9 House of Congress is adjourned for more than 3 

10 days during a session of Congress), the matter after 

11 the resolving clause of which is as follows: ‘‘That 

12 Congress disapproves the rule submitted by the At13 torney General relating to transferring marijuana 

14 between schedules established by section 202 of the 

15 Controlled Substances Act (21 U.S.C. 812), and 

16 such rule shall have no force or effect.’’. 

17 (4) SUBMISSION OR PUBLICATION DATE.—The 

18 term ‘‘submission or publication date’’ means the 

19 later of the date on which— 

20 (A) Congress receives the report submitted 

21 under section 3(a)(1); or 

22 (B) the covered rule published in the Fed23 eral Register, if so published. 


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1 SEC. 3. CONGRESSIONAL REVIEW OF RULES RESCHED2 ULING MARIJUANA. 

3 (a) CONGRESSIONAL REVIEW.— 

4 (1) REPORT.—Before a covered rule can take 

5 effect, the Attorney General shall submit to each 

6 House of Congress and to the Comptroller General 

7 a report containing— 

8 (A) a copy of the covered rule; 

9 (B) a concise general statement relating to 

10 the covered rule; and 

11 (C) the proposed effective date of the cov12 ered rule. 

13 (2) JOINT RESOLUTION OF DISAPPROVAL.—A 

14 covered rule described in paragraph (1) shall not 

15 take effect (or continue) if Congress enacts a joint 

16 resolution. 

17 (b) REFERRAL.—A joint resolution shall be referred 

18 to the committees in each House of Congress with jurisdic19 tion. 

20 (c) DISCHARGE.—In the Senate, if the committee to 

21 which is referred a joint resolution has not reported such 

22 joint resolution (or an identical joint resolution) at the end 

23 of 20 calendar days after the submission or publication 

24 date, such committee may be discharged from further con25 sideration of such joint resolution upon a petition supVerDate Sep 11 2014 04:15 Sep 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2909.IS S2909

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1 ported in writing by 30 Members of the Senate, and such 

2 joint resolution shall be placed on the calendar. 

3 (d) FLOOR CONSIDERATION.— 

4 (1) IN GENERAL.—In the Senate, when the 

5 committee to which a joint resolution is referred has 

6 reported, or when a committee is discharged (under 

7 subsection (c)) from further consideration of a joint 

8 resolution, it is at any time thereafter in order (even 

9 though a previous motion to the same effect has 

10 been disagreed to) for a motion to proceed to the 

11 consideration of the joint resolution, and all points 

12 of order against the joint resolution (and against 

13 consideration of the joint resolution) are waived. The 

14 motion is not subject to amendment, or to a motion 

15 to postpone, or to a motion to proceed to the consid16 eration of other business. A motion to reconsider the 

17 vote by which the motion is agreed to or disagreed 

18 to shall not be in order. If a motion to proceed to 

19 the consideration of the joint resolution is agreed to, 

20 the joint resolution shall remain the unfinished busi21 ness of the Senate until disposed of. 

22 (2) DEBATE.—In the Senate, debate on the 

23 joint resolution, and on all debatable motions and 

24 appeals in connection therewith, shall be limited to 

25 not more than 10 hours, which shall be divided 


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1 equally between those favoring and those opposing 

2 the joint resolution. A motion further to limit debate 

3 is in order and not debatable. An amendment to, or 

4 a motion to postpone, or a motion to proceed to the 

5 consideration of other business, or a motion to re6 commit the joint resolution is not in order. 

7 (3) VOTE ON FINAL PASSAGE.—In the Senate, 

8 immediately following the conclusion of the debate 

9 on a joint resolution, and a single quorum call at the 

10 conclusion of the debate if requested in accordance 

11 with the rules of the Senate, the vote on final pas12 sage of the joint resolution shall occur. 

13 (4) APPEALS.—Appeals from the decisions of 

14 the Chair relating to the application of the rules of 

15 the Senate to the procedure relating to a joint reso16 lution shall be decided without debate. 

17 (e) APPLICABILITY.—In the Senate the procedure 

18 specified in subsection (c) or (d) shall not apply to the 

19 consideration of a joint resolution respecting a covered 

20 rule— 

21 (1) after the expiration of the 60 session days 

22 beginning with the applicable submission or publica23 tion date; or 

24 (2) if the report under subsection (a)(1) was 

25 submitted during the period beginning on the date 


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1 occurring, in the case of the Senate, 60 session days, 

2 or in the case of the House of Representatives, 60 

3 legislative days, before the date the Congress ad4 journs a session of Congress through the date on 

5 which the same or succeeding Congress first con6 venes its next session, after the expiration of the 60 

7 session days beginning on the 15th session day after 

8 the succeeding session of Congress first convenes. 

9 (f) COORDINATION WITH ACTION BY OTHER

10 HOUSE.—If, before the passage by one House of a joint 

11 resolution of that House, that House receives from the 

12 other House a joint resolution, then the following proce13 dures shall apply: 

14 (1) The joint resolution of the other House 

15 shall not be referred to a committee. 

16 (2) With respect to a joint resolution of the 

17 House receiving the joint resolution— 

18 (A) the procedure in that House shall be 

19 the same as if no joint resolution had been re20 ceived from the other House; but 

21 (B) the vote on final passage shall be on 

22 the joint resolution of the other House. 

23 (g) RULES OF THE SENATE AND HOUSE OF REP24 RESENTATIVES.—This section is enacted by Congress— 


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1 (1) as an exercise of the rulemaking power of 

2 the Senate and House of Representatives, respec3 tively, and as such it is deemed a part of the rules 

4 of each House, respectively, but applicable only with 

5 respect to the procedure to be followed in that 

6 House in the case of a joint resolution, and it super7 sedes other rules only to the extent that it is incon8 sistent with such rules; and 

9 (2) with full recognition of the constitutional 

10 right of either House to change the rules (so far as 

11 relating to the procedure of that House) at any time, 

12 in the same manner, and to the same extent as in 

13 the case of any other rule of that House. 

Æ 


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