Fairness in Federal Drug Testing Under State Laws Act

Fairness in Federal Drug Testing Under State Laws Act

This bill generally prohibits denying federal employment to a prospective employee or taking an adverse personnel action (e.g., termination) against a current federal employee for using marijuana in compliance with state law.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1687 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1687

To amend title 5, United States Code, to remove limitations on Federal 
 employment for an individual legally using marijuana under the law of 
   the State in which the individual resides, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2019

   Mr. Crist (for himself, Mr. Young, Mr. Blumenauer, Mr. Cohen, Mr. 
Gaetz, Mr. Moulton, Ms. Norton, Mr. Panetta, Mr. Pocan, and Mr. Raskin) 
 introduced the following bill; which was referred to the Committee on 
                          Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to remove limitations on Federal 
 employment for an individual legally using marijuana under the law of 
   the State in which the individual resides, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Federal Drug Testing 
Under State Laws Act''.

SEC. 2. FEDERAL EMPLOYMENT AND INDIVIDUALS USING MARIJUANA IN 
              COMPLIANCE WITH STATE OR TRIBAL LAW.

    (a) In General.--Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 3330f. Federal employment and individuals using marijuana in 
              compliance with State or tribal law
    ``(a)(1) An individual whose residence is in a State where that 
individual's private use of marijuana is not prohibited, who is tested 
under a drug testing program of any Executive agency without probable 
cause to believe that the individual is under the influence of 
marijuana, who tests positive for past marijuana use (determined by the 
presence of tetrahydrocannabinol or marijuana metabolite in the sample 
provided by the individual), and, in the case of an individual whose 
use of marijuana was for medical purposes, who is able to provide 
documentation (in such form and manner as the Office of Personnel 
Management may prescribe) attesting to the lawful nature of such use 
under the law of the State, may not, based solely on such positive 
test, be--
            ``(A) denied employment at an Executive agency; or
            ``(B) if the individual is an employee of an Executive 
        agency, subject to any adverse personnel action.
    ``(2) For purposes of this section--
            ``(A) the term `Executive agency' has the meaning given 
        that term in section 105, and includes the United States Postal 
        Service and the Postal Regulatory Commission;
            ``(B) the term `marijuana' means marihuana (as such term is 
        defined in section 102(16) of the Controlled Substances Act (21 
        U.S.C. 802(16)));
            ``(C) the term `individual' does not include any individual 
        applying for or occupying a position at an Executive agency 
        which requires a top secret clearance or access to a highly 
        sensitive program (as that term is defined in section 
        3001(a)(4) of the Intelligence Reform and Terrorism Prevention 
        Act of 2004 (50 U.S.C. 3341(a)(4))); and
            ``(D) the term `State' means--
                    ``(i) any State or the District of Columbia;
                    ``(ii) the Commonwealth of Puerto Rico, the 
                Commonwealth of the Northern Mariana Islands, the 
                Virgin Islands of the United States, Guam, American 
                Samoa, or any other territory or possession of the 
                United States;
                    ``(iii) the Federated States of Micronesia, the 
                Republic of the Marshall Islands, or the Republic of 
                Palau; or
                    ``(iv) any land over which an Indian tribe (as 
                defined in section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 5304)) has 
                jurisdiction or any land held in trust for an Indian 
                tribe.''.
    (b) Clerical Amendment.--The table of sections for such subchapter 
is amended by inserting after the item relating to section 3330e the 
following:

``3330f. Federal employment and individuals using marijuana in 
                            compliance with State or tribal law.''.
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