[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4711 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4711
To limit the consideration of marijuana use when making an employment
suitability or security clearance determination, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11 (legislative day, July 10), 2024
Mr. Peters introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To limit the consideration of marijuana use when making an employment
suitability or security clearance determination, and for other
purposes.
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This Act may be cited as the ``Dismantling Outdated Obstacles and
Barriers to Individual Employment Act of 2024'' or the ``DOOBIE Act of
2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Executive agency.--The term ``executive agency'' has
the meaning given the term ``Executive agency'' in section 105
of title 5, United States Code.
(2) Fitness.--The term ``fitness'' has the meaning given
the term in section 1.3 of Executive Order 13467 (50 U.S.C.
3161 note; relating to reforming processes related to
suitability for Government employment, fitness for contractor
employees, and eligibility for access to classified national
security information).
(3) Marijuana.--The term ``marijuana'' has the meaning
given that term in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
(4) Office.--The term ``Office'' means the Office of
Personnel Management.
(5) Suitability determination.--The term ``suitability
determination'' has the meaning given that term in section
731.101 of title 5, Code of Federal Regulations, or any
successor thereto.
SEC. 3. LIMITATION ON ADVERSE SUITABILITY DETERMINATIONS BASED ON
MARIJUANA USE.
Notwithstanding any other law, rule, or regulation, the Office, or
an agency to which the Office has delegated authority, may not base a
suitability determination with respect to an individual solely on the
past use of marijuana by the individual.
SEC. 4. LIMITATION ON ADVERSE SECURITY CLEARANCES AND SUITABILITY
DETERMINATIONS FOR COVERED PERSONS BASED ON MARIJUANA
USE.
Section 3002 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3343) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``term `controlled
substance' has'' and inserting the following:
``term `controlled substance'--
``(A) has'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(B) notwithstanding such section 102, does not
include marijuana.'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following:
``(3) Marijuana.--The term `marijuana' has the meaning
given that term in section 102 of the Controlled Substances Act
(21 U.S.C. 802).''; and
(D) by adding at the end the following:
``(6) Suitability determination.--The term `suitability
determination' has the meaning given that term in section
731.101 of title 5, Code of Federal Regulations, or any
successor thereto.''; and
(2) by adding at end the following:
``(e) Limitation on Adverse Security Clearance and Suitability
Determination Based on Marijuana Use.--Notwithstanding any other law,
rule, or regulation--
``(1) the head of a Federal agency may not base a
determination that a covered person is ineligible for a
security clearance solely on the past use of marijuana by the
covered person; and
``(2) the Office of Personnel Management, or an agency to
which the Office of Personnel Management has delegated
authority, may not base a suitability determination with
respect to a covered person solely on the past use of marijuana
by the covered person.''.
SEC. 5. LIMITATION ON ADVERSE FITNESS DETERMINATIONS BASED ON MARIJUANA
USE.
The determination of the fitness of an individual for employment
in the civil service may not be based solely on the past use of
marijuana by the individual.
SEC. 6. LIMITATION ON ADVERSE CREDENTIALING DETERMINATIONS BASED ON
MARIJUANA USE.
The Office, in carrying out functions described in section 2.5(c)
of Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming
processes related to suitability for Government employment, fitness for
contractor employees, and eligibility for access to classified national
security information), shall prohibit unfavorable determinations of
eligibility of an individual for a personal identity verification
credential based solely on the past use of marijuana by the individual.
SEC. 7. GUIDANCE FOR AGENCIES.
The Office and the Office of the Director of National Intelligence
shall--
(1) assist executive agencies in implementing this Act and
the amendments made by this Act; and
(2) ensure the regulations and guidance of the Office and
the Office of the Director of National Intelligence align with
this Act and the amendments made by this Act.
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