[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5040 Introduced in House (IH)]

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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)).''.
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