Sec. 4. Limitation on adverse security clearances and suitability determinations for covered persons based on marijuana use
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Section 3002 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3343 ) is amended— in subsection (a)— in paragraph (1)— by striking term and inserting the following: “term ‘controlled substance’— controlled substance has has ; by striking the period at the end and inserting ; and ; and by adding at the end the following: notwithstanding such section 102, does not include marijuana. ; by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively; by inserting after paragraph
(2)the following: The term marijuana has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). ; and by adding at the end the following: 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 by adding at end the following: 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; and 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. .
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Sec. 4
Limitation on adverse security clearances and suitability determinations for covered persons based on marijuana use
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