[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    This Act may be cited as the ``Dismantling Outdated Obstacles and 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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