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    This Act may be cited as the ``Dismantling Outdated 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