II 

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. 

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

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4 This Act may be cited as the ‘‘Dismantling Outdated 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


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•S 4711 IS

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

2 Code. 

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

4 meaning given the term in section 1.3 of Executive 

5 Order 13467 (50 U.S.C. 3161 note; relating to re6 forming processes related to suitability for Govern7 ment employment, fitness for contractor employees, 

8 and eligibility for access to classified national secu9 rity information). 

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

11 the meaning given that term in section 102 of the 

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

13 (4) OFFICE.—The term ‘‘Office’’ means the Of14 fice of Personnel Management. 

15 (5) SUITABILITY DETERMINATION.—The term 

16 ‘‘suitability determination’’ has the meaning given 

17 that term in section 731.101 of title 5, Code of Fed18 eral Regulations, or any successor thereto. 

19 SEC. 3. LIMITATION ON ADVERSE SUITABILITY DETER20 MINATIONS BASED ON MARIJUANA USE. 

21 Notwithstanding any other law, rule, or regulation, 

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

23 authority, may not base a suitability determination with 

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

25 by the individual. 


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1 SEC. 4. LIMITATION ON ADVERSE SECURITY CLEARANCES 

2 AND SUITABILITY DETERMINATIONS FOR 

3 COVERED PERSONS BASED ON MARIJUANA 

4 USE. 

5 Section 3002 of the Intelligence Reform and Ter6 rorism Prevention Act of 2004 (50 U.S.C. 3343) is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘term ‘controlled sub11 stance’ has’’ and inserting the following: 

12 ‘‘term ‘controlled substance’— 

13 ‘‘(A) has’’; 

14 (ii) by striking the period at the end 

15 and inserting ‘‘; and’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(B) notwithstanding such section 102, 

19 does not include marijuana.’’; 

20 (B) by redesignating paragraphs (3) and 

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

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

23 following: 

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

25 the meaning given that term in section 102 of the 

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


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

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

3 ‘suitability determination’ has the meaning given 

4 that term in section 731.101 of title 5, Code of Fed5 eral Regulations, or any successor thereto.’’; and 

6 (2) by adding at end the following: 

7 ‘‘(e) LIMITATION ON ADVERSE SECURITY CLEAR8 ANCE AND SUITABILITY DETERMINATION BASED ON

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

10 or regulation— 

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

12 a determination that a covered person is ineligible 

13 for a security clearance solely on the past use of 

14 marijuana by the covered person; and 

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

16 agency to which the Office of Personnel Manage17 ment has delegated authority, may not base a suit18 ability determination with respect to a covered per19 son solely on the past use of marijuana by the cov20 ered person.’’. 

21 SEC. 5. LIMITATION ON ADVERSE FITNESS DETERMINA22 TIONS BASED ON MARIJUANA USE. 

23 The determination of the fitness of an individual for 

24 employment in the civil service may not be based solely 

25 on the past use of marijuana by the individual. 


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1 SEC. 6. LIMITATION ON ADVERSE CREDENTIALING DETER2 MINATIONS BASED ON MARIJUANA USE. 

3 The Office, in carrying out functions described in sec4 tion 2.5(c) of Executive Order 13467 (50 U.S.C. 3161 

5 note; relating to reforming processes related to suitability 

6 for Government employment, fitness for contractor em7 ployees, and eligibility for access to classified national se8 curity information), shall prohibit unfavorable determina9 tions of eligibility of an individual for a personal identity 

10 verification credential based solely on the past use of mari11 juana by the individual. 

12 SEC. 7. GUIDANCE FOR AGENCIES. 

13 The Office and the Office of the Director of National 

14 Intelligence shall— 

15 (1) assist executive agencies in implementing 

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

17 (2) ensure the regulations and guidance of the 

18 Office and the Office of the Director of National In19 telligence align with this Act and the amendments 

20 made by this Act. 

Æ 


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