II Calendar No. 739 118th CONGRESS 2d Session S. 4711 [Report No. 118–319] 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. Short title This Act may be cited as the Dismantling Outdated Obstacles and Barriers to Individual Employment Act of 2024 or the DOOBIE Act of 2024 . 2.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. 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. 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. . 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. 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. 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.

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 . 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. 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. 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. . 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. 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. 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. 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).

December 19 (legislative day, December 16), 2024 Reported with an amendment