Fairness in Federal Drug Testing Under State Laws Act

I 116TH CONGRESS 1ST SESSION H. R. 1687 To amend title 5, United States Code, to remove limitations on Federal employment for an individual legally using marijuana under the law of the State in which the individual resides, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 12, 2019 Mr. CRIST (for himself, Mr. YOUNG, Mr. BLUMENAUER, Mr. COHEN, Mr. GAETZ, Mr. MOULTON, Ms. NORTON, Mr. PANETTA, Mr. POCAN, and Mr. RASKIN) introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To amend title 5, United States Code, to remove limitations on Federal employment for an individual legally using marijuana under the law of the State in which the indi- vidual resides, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fairness in Federal 4 Drug Testing Under State Laws Act’’. 5 VerDate Sep 11 2014 20:27 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1687.IH H1687 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1687 IH SEC. 2. FEDERAL EMPLOYMENT AND INDIVIDUALS USING 1 MARIJUANA IN COMPLIANCE WITH STATE OR 2 TRIBAL LAW. 3 (a) IN GENERAL.—Subchapter I of chapter 33 of title 4 5, United States Code, is amended by adding at the end 5 the following: 6 ‘‘§ 3330f. Federal employment and individuals using 7 marijuana in compliance with State or 8 tribal law 9 ‘‘(a)(1) An individual whose residence is in a State 10 where that individual’s private use of marijuana is not 11 prohibited, who is tested under a drug testing program 12 of any Executive agency without probable cause to believe 13 that the individual is under the influence of marijuana, 14 who tests positive for past marijuana use (determined by 15 the presence of tetrahydrocannabinol or marijuana me- 16 tabolite in the sample provided by the individual), and, 17 in the case of an individual whose use of marijuana was 18 for medical purposes, who is able to provide documenta- 19 tion (in such form and manner as the Office of Personnel 20 Management may prescribe) attesting to the lawful nature 21 of such use under the law of the State, may not, based 22 solely on such positive test, be— 23 ‘‘(A) denied employment at an Executive agen- 24 cy; or 25 VerDate Sep 11 2014 20:27 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1687.IH H1687 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1687 IH ‘‘(B) if the individual is an employee of an Ex- 1 ecutive agency, subject to any adverse personnel ac- 2 tion. 3 ‘‘(2) For purposes of this section— 4 ‘‘(A) the term ‘Executive agency’ has the mean- 5 ing given that term in section 105, and includes the 6 United States Postal Service and the Postal Regu- 7 latory Commission; 8 ‘‘(B) the term ‘marijuana’ means marihuana 9 (as such term is defined in section 102(16) of the 10 Controlled Substances Act (21 U.S.C. 802(16))); 11 ‘‘(C) the term ‘individual’ does not include any 12 individual applying for or occupying a position at an 13 Executive agency which requires a top secret clear- 14 ance or access to a highly sensitive program (as that 15 term is defined in section 3001(a)(4) of the Intel- 16 ligence Reform and Terrorism Prevention Act of 17 2004 (50 U.S.C. 3341(a)(4))); and 18 ‘‘(D) the term ‘State’ means— 19 ‘‘(i) any State or the District of Columbia; 20 ‘‘(ii) the Commonwealth of Puerto Rico, 21 the Commonwealth of the Northern Mariana Is- 22 lands, the Virgin Islands of the United States, 23 Guam, American Samoa, or any other territory 24 or possession of the United States; 25 VerDate Sep 11 2014 20:27 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1687.IH H1687 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1687 IH ‘‘(iii) the Federated States of Micronesia, 1 the Republic of the Marshall Islands, or the Re- 2 public of Palau; or 3 ‘‘(iv) any land over which an Indian tribe 4 (as defined in section 4 of the Indian Self-De- 5 termination and Education Assistance Act (25 6 U.S.C. 5304)) has jurisdiction or any land held 7 in trust for an Indian tribe.’’. 8 (b) CLERICAL AMENDMENT.—The table of sections 9 for such subchapter is amended by inserting after the item 10 relating to section 3330e the following: 11 ‘‘3330f. Federal employment and individuals using marijuana in compliance with State or tribal law.’’. Æ VerDate Sep 11 2014 20:27 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1687.IH H1687 pbinns on DSK79D2C42PROD with BILLS