H.R. 5040: 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.

Written by the Congressional Research Service, Library of Congress.