I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cannabis Users’ Res5 toration of Eligibility Act’’ or the ‘‘CURE Act’’. 


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1 SEC. 2. LIMITATION ON ADVERSE SECURITY CLEARANCE 

2 AND SUITABILITY DETERMINATIONS BASED 

3 ON MARIHUANA USE. 

4 (a) IN GENERAL.—Subsection (a)(1) of section 3002 

5 of the Intelligence Reform and Terrorism Prevention Act 

6 of 2004 (50 U.S.C. 3343) is amended by striking the pe7 riod at the end and inserting the following: ‘‘, but does 

8 not include marihuana notwithstanding such section 

9 102.’’. 

10 (b) REVIEW OF SECURITY CLEARANCE DENIAL

11 BASED ON MARIHUANA USE.—Such section 3002 is fur12 ther amended by adding at the end the following: 

13 ‘‘(e) LIMITATION ON ADVERSE SECURITY CLEAR14 ANCE AND SUITABILITY DETERMINATIONS BASED ON

15 MARIHUANA USE.— 

16 ‘‘(1) PROHIBITION.—Notwithstanding any other 

17 law, rule, or regulation, current or past use of mari18 huana by a covered person may not be used in any 

19 determination with respect to whether such person 

20 is— 

21 ‘‘(A) eligible for a security clearance; or 

22 ‘‘(B) suitable for Federal employment, in23 cluding under any suitability determination pur24 suant to part 731 of title 5, Code of Federal 

25 Regulations (or any successor regulations). 

26 ‘‘(2) REVIEW AND REASSESSMENT.— 


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1 ‘‘(A) IN GENERAL.—Not later than one 

2 year after the date of enactment of this Act, 

3 each Federal agency shall establish a process to 

4 review each decision, made on or after January 

5 1, 2008, to deny an individual— 

6 ‘‘(i) a security clearance; or 

7 ‘‘(ii) Federal employment as a result 

8 of an adverse suitability determination. 

9 ‘‘(B) PUBLICLY AVAILABLE.—Any process 

10 established pursuant to subparagraph (A) shall 

11 be made available on the public website of the 

12 agency. 

13 ‘‘(C) RECONSIDERATION.—Upon receiving 

14 a request from any individual who was so de15 nied a security clearance or employment (as the 

16 case may be), not later than 90 days after the 

17 date such request is so received— 

18 ‘‘(i) the Federal agency that denied 

19 such clearance or employment shall review 

20 the decision; and 

21 ‘‘(ii) if such review reveals that the 

22 denial was based on past or present mari23 huana use, such agency shall reconsider 

24 such individual’s security clearance or em25 ployment application. 


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1 ‘‘(3) APPEAL.— 

2 ‘‘(A) IN GENERAL.—If a Federal agency 

3 denies an individual a security clearance or em4 ployment under a reconsideration pursuant to 

5 paragraph (2)(C), such individual may, not 

6 later than 30 days after the date of such denial, 

7 appeal the Federal agency determination to the 

8 Merit Systems Protection Board. 

9 ‘‘(B) MSPB DETERMINATION.—Not later 

10 than 120 days after receiving an appeal under 

11 subparagraph (A)— 

12 ‘‘(i) the Board shall review the Fed13 eral agency reconsideration determination; 

14 and 

15 ‘‘(ii) if the Board determines that 

16 such determination was primarily based on 

17 prior or current marihuana use, the Board 

18 shall order the Federal agency to imme19 diately redetermine the individual’s request 

20 for reconsideration, consistent with the re21 quirements of this subsection. 

22 ‘‘(C) LIMITATION ON JUDICIAL REVIEW.— 

23 Any decision by the Board under subparagraph 

24 (B) shall be final and not subject to judicial re25 view. 


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1 ‘‘(4) MARIHUANA DEFINED.—In this section, 

2 the term ‘marihuana’ has the meaning given that 

3 term in section 102(16) of the Controlled Sub4 stances Act (21 U.S.C. 802(16)).’’. 

Æ 


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