S.Amdt. 5913

SA 5913. Mr. WYDEN (for himself and Mrs. Gillibrand) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO CLASSIFIED INFORMATION SOLELY BECAUSE OF PRIOR USE OF CANNABIS.

(a) Definitions.--In this section:

(1) Cannabis.--The term “cannabis” has the meaning given the term “marihuana” in section 102 of the Controlled Substances Act (21 U.S.C. 802).

(2) Eligibility for access to classified information.--The term “eligibility for access to classified information” has the meaning given such term in the procedures established pursuant to section 801(a) of the National Security Act of 1947 (50 U.S.C. 3161(a)).

(3) Initiation of a national security vetting process.--The term “initiation of a national security vetting process” means the process that commences once an individual signs the certification contained in the Standard Form 86 (SF-86), Questionnaire for National Security Positions, or successor form.

(b) Prohibition.--Notwithstanding any other provision of law, use of cannabis by an individual that occurs prior to the individual's initiation of a national security vetting process shall not be determinative to adjudications of the individual's eligibility for access to classified information or eligibility to hold a sensitive position.