Sec. 2. Limitation on adverse security clearance and suitability determinations based on marihuana use
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Subsection (a)(1) of section 3002 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3343 ) is amended by striking the period at the end and inserting the following: , but does not include marihuana notwithstanding such section 102. . Such section 3002 is further amended by adding at the end the following: Notwithstanding any other law, rule, or regulation, current or past use of marihuana by a covered person may not be used in any determination with respect to whether such person is— eligible for a security clearance; or suitable for Federal employment, including under any suitability determination pursuant to part 731 of title 5, Code of Federal Regulations (or any successor regulations).
Not later than one year after the date of enactment of this Act, each Federal agency shall establish a process to review each decision, made on or after January 1, 2008, to deny an individual— a security clearance; or Federal employment as a result of an adverse suitability determination. Any process established pursuant to subparagraph
(A)shall be made available on the public website of the agency. Upon receiving a request from any individual who was so denied a security clearance or employment (as the case may be), not later than 90 days after the date such request is so received— the Federal agency that denied such clearance or employment shall review the decision; and if such review reveals that the denial was based on past or present marihuana use, such agency shall reconsider such individual’s security clearance or employment application. If a Federal agency denies an individual a security clearance or employment under a reconsideration pursuant to paragraph (2)(C), such individual may, not later than 30 days after the date of such denial, appeal the Federal agency determination to the Merit Systems Protection Board. Not later than 120 days after receiving an appeal under subparagraph (A)— the Board shall review the Federal agency reconsideration determination; and if the Board determines that such determination was primarily based on prior or current marihuana use, the Board shall order the Federal agency to immediately redetermine the individual’s request for reconsideration, consistent with the requirements of this subsection. Any decision by the Board under subparagraph
(B)shall be final and not subject to judicial review. In this section, the term marihuana has the meaning given that term in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ). .
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Sec. 2
Limitation on adverse security clearance and suitability determinations based on marihuana use
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