....defraud any lawfully administered drug test designed to detect the presence of chemical substances or controlled substances in the body.
109th CONGRESS
2d Session
H. R. 4910
To prohibit the manufacture, sale, marketing, or distribution of products or substances designed or intended to defraud a drug test.
IN THE HOUSE OF REPRESENTATIVES
March 8, 2006
Mr. WHITFIELD (for himself and Mr. ENGEL) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To prohibit the manufacture, sale, marketing, or distribution of products or substances designed or intended to defraud a drug test.
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 `National Drug Testing Integrity Act'.
SEC. 2. FINDINGS AND PURPOSE.
Congress finds the following:
(1) Approximately 12,000,000 employees are subject to mandatory drug testing under Department of Transportation regulations because they are in safety-sensitive positions. These employees include truck drivers, bus drivers, pilots, mass transit operators, railroad engineers, pipeline workers, mariners, and related transportation industry safety-sensitive personnel.
(2) Millions of additional employers perform drug testing in an effort to increase safety, reduce employee turnover, tardiness, absenteeism, workers' compensation claims, accidents and injuries, and health benefit utilization.
(3) The availability of products designed to defraud a drug test creates a serious public safety risk when employees in safety-sensitive positions are successful in defrauding a drug test.
(4) More than 400 products designed to defraud drug tests are easily obtained, in person and on the Internet.
SEC. 3. CONSUMER PRODUCT BAN.
Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall, pursuant to section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) and notwithstanding section 8 of such Act (15 U.S.C. 2057), promulgate a rule declaring to be a banned hazardous product any instrument, tool, substance, or device designed or intended to falsify, alter, or defraud any lawfully administered drug test designed to detect the presence of chemical substances or controlled substances in the body.