Cannabis Users' Restoration of Eligibility Act or the CURE Act
This bill prohibits a federal agency from considering past or present marijuana use to determine whether an individual is suitable for federal employment or eligible for a security clearance. It also establishes a review process for past applications.
Under the bill, every federal agency must establish a process for reviewing any decision on or after January 1, 2008, to deny an individual (1) a security clearance, or (2) employment as a result of an adverse suitability determination. The process must be posted on the agency's website. The bill provides that an individual who was denied employment or a security clearance may ask the agency to review its decision. Within 90 days after the request is received, the agency must complete its review. If the denial was due to marijuana use, the agency must reconsider the security clearance or employment application. The bill specifies that the agency's decision may be appealed to the Merit Systems Protection Board.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5040 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5040
To amend the Intelligence Reform and Terrorism Prevention Act of 2004
to limit the consideration or marihuana use when making a security
clearance or employment suitability determination, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Raskin (for himself, Ms. Mace, and Mr. Blumenauer) introduced the
following bill; which was referred to the Committee on Oversight and
Accountability
_______________________________________________________________________
A BILL
To amend the Intelligence Reform and Terrorism Prevention Act of 2004
to limit the consideration or marihuana use when making a security
clearance or employment suitability determination, 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 ``Cannabis Users' Restoration of
Eligibility Act'' or the ``CURE Act''.
SEC. 2. LIMITATION ON ADVERSE SECURITY CLEARANCE AND SUITABILITY
DETERMINATIONS BASED ON MARIHUANA USE.
(a) In General.--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.''.
(b) Review of Security Clearance Denial Based on Marihuana Use.--
Such section 3002 is further amended by adding at the end the
following:
``(e) Limitation on Adverse Security Clearance and Suitability
Determinations Based on Marihuana Use.--
``(1) Prohibition.--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--
``(A) eligible for a security clearance; or
``(B) suitable for Federal employment, including
under any suitability determination pursuant to part
731 of title 5, Code of Federal Regulations (or any
successor regulations).
``(2) Review and reassessment.--
``(A) In general.--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--
``(i) a security clearance; or
``(ii) Federal employment as a result of an
adverse suitability determination.
``(B) Publicly available.--Any process established
pursuant to subparagraph (A) shall be made available on
the public website of the agency.
``(C) Reconsideration.--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--
``(i) the Federal agency that denied such
clearance or employment shall review the
decision; and
``(ii) 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.
``(3) Appeal.--
``(A) In general.--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.
``(B) MSPB determination.--Not later than 120 days
after receiving an appeal under subparagraph (A)--
``(i) the Board shall review the Federal
agency reconsideration determination; and
``(ii) 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.
``(C) Limitation on judicial review.--Any decision
by the Board under subparagraph (B) shall be final and
not subject to judicial review.
``(4) Marihuana defined.--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)).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Accountability.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 30 - 14.
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