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Code · BILL · 119th Congress · H.R. 3838 (Engrossed in House) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 535

Sec. 535. Waivers for potential enlistees into the Armed Forces to reapply for enlistment following a positive toxicology test for tetrahydrocannabinol

265 words·~1 min read·/bill/119/hr/3838/eh/section-535·

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It is the sense of Congress that— the Departments of the Army and the Navy have taken positive steps in their work to design and implement a waiver system that permits potential enlistees into the Armed Forces to reapply for enlistment following a positive toxicology test for tetrahydrocannabinol; given the ongoing recruitment and retention challenges undermining the Armed Forces readiness goals, the Departments of the Air Force, Space Force, and Marine Corps should develop and implement their own permanent waiver system commensurate with the process employed by the Army and Navy; and the Air Force, Space Force, and Marine Corps should establish permanent waiver programs.
The Secretary of Defense shall— develop a program through which to provide waivers for potential enlistees into the Armed Forces who were not permitted to enlist following a positive toxicology test for tetrahydrocannabinol so that such potential enlistees are permitted to reapply for enlistment; assess the feasibility of contacting any such potential enlistees who were not permitted to enlist following a positive toxicology test for tetrahydrocannabinol in States where marijuna is legal under State laws; and to the extent feasible, develop a plan to contact such potential enlistees.
No later than 180 days after the date of the enactment of this Act, Secretary of Defense shall submit to the congressional defense committees a report that includes a plan to create, disseminate, and use a clear definition that highlights that all waivered recruits are qualified and eligible to enlist in the Armed Forces, even if they do not meet every enlistment standard, and that existing standards of enlistment allow for waivers.
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