S. 4711 — Introduced in Senate

II 118th CONGRESS 2d Session S. 4711 IN THE SENATE OF THE UNITED STATES July 11 (legislative day, July 10), 2024Mr. 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. Short title This Act may be cited as the Dismantling Outdated Obstacles and Barriers to Individual Employment Act of 2024 or the DOOBIE Act of 2024. 2.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.