[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5913. Mr. WYDEN (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO 
                   CLASSIFIED INFORMATION SOLELY BECAUSE OF PRIOR 
                   USE OF CANNABIS.

       (a) Definitions.--In this section:
       (1) Cannabis.--The term ``cannabis'' has the meaning given 
     the term ``marihuana'' in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802).
       (2) Eligibility for access to classified information.--The 
     term ``eligibility for access to classified information'' has 
     the meaning given such term in the procedures established 
     pursuant to section 801(a) of the National Security Act of 
     1947 (50 U.S.C. 3161(a)).
       (3) Initiation of a national security vetting process.--The 
     term ``initiation of a national security vetting process'' 
     means the process that commences once an individual signs the 
     certification contained in the Standard Form 86 (SF-86), 
     Questionnaire for National Security Positions, or successor 
     form.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, use of cannabis by an individual that occurs prior to 
     the individual's initiation of a national security vetting 
     process shall not be determinative to adjudications of the 
     individual's eligibility for access to classified information 
     or eligibility to hold a sensitive position.
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