H.R. 10504
CURE Act
Sponsor: Jamie Raskin
2 cosponsors
Official summary
No official summary yet.
Text of the bill
(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, 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 the CURE Act, each Federal agency shall establish a process to review decisions, 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, the Federal agency that denied such clearance or employment shall review the decision and determine if such decision was based solely on past marihuana use.
(3) 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)).