II 

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. 

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 4711 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Dismantling Outdated 

3 Obstacles and Barriers to Individual Employment Act of 

4 2024’’ or the ‘‘DOOBIE Act of 2024’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

8 agency’’ has the meaning given the term ‘‘Executive 

9 agency’’ in section 105 of title 5, United States 

10 Code. 

11 (2) FITNESS.—The term ‘‘fitness’’ has the 

12 meaning given the term in section 1.3 of Executive 

13 Order 13467 (50 U.S.C. 3161 note; relating to re14 forming processes related to suitability for Govern15 ment employment, fitness for contractor employees, 

16 and eligibility for access to classified national secu17 rity information). 

18 (3) MARIJUANA.—The term ‘‘marijuana’’ has 

19 the meaning given that term in section 102 of the 

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

21 (4) OFFICE.—The term ‘‘Office’’ means the Of22 fice of Personnel Management. 

23 (5) SUITABILITY DETERMINATION.—The term 

24 ‘‘suitability determination’’ has the meaning given 

25 that term in section 731.101 of title 5, Code of Fed26 eral Regulations, or any successor thereto. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 4711 RS

1 SEC. 3. LIMITATION ON ADVERSE SUITABILITY DETER2 MINATIONS BASED ON MARIJUANA USE. 

3 Notwithstanding any other law, rule, or regulation, 

4 the Office, or an agency to which the Office has delegated 

5 authority, may not base a suitability determination with 

6 respect to an individual solely on the past use of marijuana 

7 by the individual. 

8 SEC. 4. LIMITATION ON ADVERSE SECURITY CLEARANCES 

9 AND SUITABILITY DETERMINATIONS FOR 

10 COVERED PERSONS BASED ON MARIJUANA 

11 USE. 

12 Section 3002 of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (50 U.S.C. 3343) is 

14 amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘term ‘controlled sub18 stance’ has’’ and inserting the following: 

19 ‘‘term ‘controlled substance’— 

20 ‘‘(A) has’’; 

21 (ii) by striking the period at the end 

22 and inserting ‘‘; and’’; and 

23 (iii) by adding at the end the fol24 lowing: 

25 ‘‘(B) notwithstanding such section 102, 

26 does not include marijuana.’’; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 4711 RS

1 (B) by redesignating paragraphs (3) and 

2 (4) as paragraphs (4) and (5), respectively; 

3 (C) by inserting after paragraph (2) the 

4 following: 

5 ‘‘(3) MARIJUANA.—The term ‘marijuana’ has 

6 the meaning given that term in section 102 of the 

7 Controlled Substances Act (21 U.S.C. 802).’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(6) SUITABILITY DETERMINATION.—The term 

10 ‘suitability determination’ has the meaning given 

11 that term in section 731.101 of title 5, Code of Fed12 eral Regulations, or any successor thereto.’’; and 

13 (2) by adding at end the following: 

14 ‘‘(e) LIMITATION ON ADVERSE SECURITY CLEAR15 ANCE AND SUITABILITY DETERMINATION BASED ON

16 MARIJUANA USE.—Notwithstanding any other law, rule, 

17 or regulation— 

18 ‘‘(1) the head of a Federal agency may not base 

19 a determination that a covered person is ineligible 

20 for a security clearance solely on the past use of 

21 marijuana by the covered person; and 

22 ‘‘(2) the Office of Personnel Management, or an 

23 agency to which the Office of Personnel Manage24 ment has delegated authority, may not base a suit25 ability determination with respect to a covered perVerDate Sep 11 2014 22:44 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S4711.RS S4711

kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 4711 RS

1 son solely on the past use of marijuana by the cov2 ered person.’’. 

3 SEC. 5. LIMITATION ON ADVERSE FITNESS DETERMINA4 TIONS BASED ON MARIJUANA USE. 

5 The determination of the fitness of an individual for 

6 employment in the civil service may not be based solely 

7 on the past use of marijuana by the individual. 

8 SEC. 6. LIMITATION ON ADVERSE CREDENTIALING DETER9 MINATIONS BASED ON MARIJUANA USE. 

10 The Office, in carrying out functions described in sec11 tion 2.5(c) of Executive Order 13467 (50 U.S.C. 3161 

12 note; relating to reforming processes related to suitability 

13 for Government employment, fitness for contractor em14 ployees, and eligibility for access to classified national se15 curity information), shall prohibit unfavorable determina16 tions of eligibility of an individual for a personal identity 

17 verification credential based solely on the past use of mari18 juana by the individual. 

19 SEC. 7. GUIDANCE FOR AGENCIES. 

20 The Office and the Office of the Director of National 

21 Intelligence shall— 

22 (1) assist executive agencies in implementing 

23 this Act and the amendments made by this Act; and 

24 (2) ensure the regulations and guidance of the 

25 Office and the Office of the Director of National InVerDate Sep 11 2014 22:44 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S4711.RS S4711

kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 4711 RS

1 telligence align with this Act and the amendments 

2 made by this Act. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dismantling Outdated 

5 Obstacles and Barriers to Individual Employment Act of 

6 2024’’ or the ‘‘DOOBIE Act of 2024’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

10 agency’’ has the meaning given the term ‘‘Executive 

11 agency’’ in section 105 of title 5, United States Code. 

12 (2) FITNESS.—The term ‘‘fitness’’ has the mean13 ing given the term in section 1.3 of Executive Order 

14 13467 (50 U.S.C. 3161 note; relating to reforming 

15 processes related to suitability for Government em16 ployment, fitness for contractor employees, and eligi17 bility for access to classified national security infor18 mation). 

19 (3) MARIJUANA.—The term ‘‘marijuana’’ has the 

20 meaning given that term in section 102 of the Con21 trolled Substances Act (21 U.S.C. 802). 

22 (4) OFFICE.—The term ‘‘Office’’ means the Office 

23 of Personnel Management. 

24 (5) SUITABILITY DETERMINATION.—The term 

25 ‘‘suitability determination’’ has the meaning given 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 4711 RS

1 that term in section 731.101 of title 5, Code of Fed2 eral Regulations, or any successor thereto. 

3 SEC. 3. LIMITATION ON ADVERSE SUITABILITY DETERMINA4 TIONS BASED ON MARIJUANA USE. 

5 Notwithstanding any other law, rule, or regulation, the 

6 Office, or an agency to which the Office has delegated au7 thority, may not base a suitability determination with re8 spect to an individual solely on the past use of marijuana 

9 by the individual. 

10 SEC. 4. LIMITATION ON ADVERSE SECURITY CLEARANCES 

11 FOR COVERED PERSONS BASED ON MARI12 JUANA USE. 

13 Section 3002 of the Intelligence Reform and Terrorism 

14 Prevention Act of 2004 (50 U.S.C. 3343) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘term ‘controlled sub18 stance’ has’’ and inserting the following: 

19 ‘‘term ‘controlled substance’— 

20 ‘‘(A) has’’; 

21 (ii) by striking the period at the end 

22 and inserting ‘‘; and’’; and 

23 (iii) by adding at the end the fol24 lowing: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•S 4711 RS

1 ‘‘(B) notwithstanding such section 102, does 

2 not include marijuana.’’; 

3 (B) by redesignating paragraphs (3) and 

4 (4) as paragraphs (4) and (5), respectively; and 

5 (C) by inserting after paragraph (2) the fol6 lowing: 

7 ‘‘(3) MARIJUANA.—The term ‘marijuana’ has the 

8 meaning given that term in section 102 of the Con9 trolled Substances Act (21 U.S.C. 802).’’; and 

10 (2) by adding at end the following: 

11 ‘‘(e) LIMITATION ON ADVERSE SECURITY CLEARANCE

12 BASED ON MARIJUANA USE.—Notwithstanding any other 

13 law, rule, or regulation, the head of a Federal agency may 

14 not base a determination that a covered person is ineligible 

15 for a security clearance solely on the past use of marijuana 

16 by the covered person.’’. 

17 SEC. 5. LIMITATION ON ADVERSE FITNESS DETERMINA18 TIONS BASED ON MARIJUANA USE. 

19 The determination of the fitness of an individual for 

20 employment in the civil service may not be based solely on 

21 the past use of marijuana by the individual. 

22 SEC. 6. LIMITATION ON ADVERSE CREDENTIALING DETER23 MINATIONS BASED ON MARIJUANA USE. 

24 The Office, in carrying out functions described in sec25 tion 2.5(c) of Executive Order 13467 (50 U.S.C. 3161 note; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•S 4711 RS

1 relating to reforming processes related to suitability for 

2 Government employment, fitness for contractor employees, 

3 and eligibility for access to classified national security in4 formation), shall prohibit unfavorable determinations of eli5 gibility of an individual for a personal identity verification 

6 credential based solely on the past use of marijuana by the 

7 individual. 

8 SEC. 7. GUIDANCE FOR AGENCIES. 

9 The Office and the Office of the Director of National 

10 Intelligence shall— 

11 (1) assist executive agencies in implementing 

12 this Act and the amendments made by this Act; and 

13 (2) ensure the regulations and guidance of the 

14 Office and the Office of the Director of National Intel15 ligence align with this Act and the amendments made 

16 by this Act. 

17 SEC. 8. COMPTROLLER GENERAL ASSESSMENT. 

18 (a) IN GENERAL.—The Comptroller General of the 

19 United States shall assess the implementation of this Act, 

20 and the amendments made by this Act, including— 

21 (1) whether the Office and the Office of the Di22 rector of National Intelligence have issued or updated 

23 guidance to implement the provisions of this Act, and 

24 the amendments made by this Act; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•S 4711 RS

1 (2) how the Office and the Office of the Director 

2 of National Intelligence are reviewing the implemen3 tation of this Act, and the amendments made by this 

4 Act, by executive agencies and ensuring consistency in 

5 implementation among executive agencies; 

6 (3) how the Office and the Office of the Director 

7 of National Intelligence are communicating the provi8 sions of this Act, the amendments made by this Act, 

9 and any implementing or updating guidance to ap10 plicants and potential applicants for positions at ex11 ecutive agencies; 

12 (4) how the Office and Office of the Director of 

13 National Intelligence are ensuring that the implemen14 tation of this Act, and the amendments made by this 

15 Act, are not adversely affecting the national security 

16 interests of the United States; and 

17 (5) any other matters the Comptroller General 

18 determines appropriate. 

19 (b) BRIEFING.—The Comptroller General of the United 

20 States shall— 

21 (1) not later than 18 months after the date of en22 actment of this Act, brief the Committee on Homeland 

23 Security and Governmental Affairs of the Senate and 

24 the Committee on Oversight and Accountability of the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•S 4711 RS

1 House of Representatives on the assessment under 

2 subsection (a); and 

3 (2) not later than the date agreed to by such 

4 committees and the Comptroller General, submit to 

5 such committees a report on the assessment under 

6 subsection (a). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Calendar No. 739 

118TH CONGRESS 

2D SESSION S. 4711 

[Report No. 118–319] 

A BILL 

To limit the consideration of marijuana use when 

D

clearance determination, and for other purposes. making an employment suitability or security 

ECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


kjohnson on DSK7ZCZBW3PROD with $$_JOB