[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4711 Reported in Senate (RS)]
<DOC>
Calendar No. 739
118th CONGRESS
2d Session
S. 4711
[Report No. 118-319]
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
December 19 (legislative day, December 16), 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Dismantling Outdated
Obstacles and Barriers to Individual Employment Act of 2024'' or the
``DOOBIE Act of 2024''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Executive agency.--The term ``executive
agency'' has the meaning given the term ``Executive agency'' in
section 105 of title 5, United States Code.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) Marijuana.--The term ``marijuana'' has the
meaning given that term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).</DELETED>
<DELETED> (4) Office.--The term ``Office'' means the Office
of Personnel Management.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. LIMITATION ON ADVERSE SUITABILITY DETERMINATIONS BASED
ON MARIJUANA USE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 4. LIMITATION ON ADVERSE SECURITY CLEARANCES AND
SUITABILITY DETERMINATIONS FOR COVERED PERSONS BASED ON
MARIJUANA USE.</DELETED>
<DELETED> Section 3002 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3343) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``term `controlled
substance' has'' and inserting the following:
``term `controlled substance'--</DELETED>
<DELETED> ``(A) has'';</DELETED>
<DELETED> (ii) by striking the period at the
end and inserting ``; and''; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(B) notwithstanding such section 102,
does not include marijuana.'';</DELETED>
<DELETED> (B) by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively;</DELETED>
<DELETED> (C) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) by adding at end the following:</DELETED>
<DELETED> ``(e) Limitation on Adverse Security Clearance and
Suitability Determination Based on Marijuana Use.--Notwithstanding any
other law, rule, or regulation--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 5. LIMITATION ON ADVERSE FITNESS DETERMINATIONS BASED ON
MARIJUANA USE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 6. LIMITATION ON ADVERSE CREDENTIALING DETERMINATIONS
BASED ON MARIJUANA USE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 7. GUIDANCE FOR AGENCIES.</DELETED>
<DELETED> The Office and the Office of the Director of National
Intelligence shall--</DELETED>
<DELETED> (1) assist executive agencies in implementing this
Act and the amendments made by this Act; and</DELETED>
<DELETED> (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.</DELETED>
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 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; and
(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
(2) by adding at end the following:
``(e) Limitation on Adverse Security Clearance Based on Marijuana
Use.--Notwithstanding any other law, rule, or regulation, 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.''.
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.
SEC. 8. COMPTROLLER GENERAL ASSESSMENT.
(a) In General.--The Comptroller General of the United States shall
assess the implementation of this Act, and the amendments made by this
Act, including--
(1) whether the Office and the Office of the Director of
National Intelligence have issued or updated guidance to
implement the provisions of this Act, and the amendments made
by this Act;
(2) how the Office and the Office of the Director of
National Intelligence are reviewing the implementation of this
Act, and the amendments made by this Act, by executive agencies
and ensuring consistency in implementation among executive
agencies;
(3) how the Office and the Office of the Director of
National Intelligence are communicating the provisions of this
Act, the amendments made by this Act, and any implementing or
updating guidance to applicants and potential applicants for
positions at executive agencies;
(4) how the Office and Office of the Director of National
Intelligence are ensuring that the implementation of this Act,
and the amendments made by this Act, are not adversely
affecting the national security interests of the United States;
and
(5) any other matters the Comptroller General determines
appropriate.
(b) Briefing.--The Comptroller General of the United States shall--
(1) not later than 18 months after the date of enactment of
this Act, brief the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives on
the assessment under subsection (a); and
(2) not later than the date agreed to by such committees
and the Comptroller General, submit to such committees a report
on the assessment under subsection (a).
Calendar No. 739
118th CONGRESS
2d Session
S. 4711
[Report No. 118-319]
_______________________________________________________________________
A BILL
To limit the consideration of marijuana use when making an employment
suitability or security clearance determination, and for other
purposes.
_______________________________________________________________________
December 19 (legislative day, December 16), 2024
Reported with an amendment