[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4910 Introduced in House (IH)]







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.
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