
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC353]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
                      SUBCHAPTER III--MISCELLANEOUS
 
Sec. 353. Toxicological testing of officers and employees

    (a) Collecting Specimens.--When the Secretary of Transportation or 
the head of a component of the Department of Transportation conducts 
post-accident or post-incident toxicological testing of an officer or 
employee of the Department, the Secretary or head shall collect the 
specimen from the officer or employee as soon as practicable after the 
accident or incident. The Secretary or head shall try to collect the 
specimen not later than 4 hours after the accident or incident.
    (b) Reports.--The head of each component shall submit a report to 
the Secretary on the circumstances about the amount of time required to 
collect the specimen for a toxicological test conducted on an officer or 
employee who is reasonably associated with the circumstances of an 
accident or incident under the investigative jurisdiction of the 
National Transportation Safety Board.
    (c) Noncompliance Not a Defense.--An officer or employee required to 
submit to toxicological testing may not assert failure to comply with 
this section as a claim, cause of action, or defense in an 
administrative or judicial proceeding.

(Pub. L. 103-272, Sec. 4(j)(10)(A), July 5, 1994, 108 Stat. 1368.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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353...................................  49 App.:1657-1.                  Nov. 2
8, 1990, Pub. L. 101-641, Sec.
                                                                          5, 10
4 Stat. 4656.
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    In this section, the words ``officer or employee'' are substituted 
for ``employee'' for clarity and consistency in the revised title and 
with other titles of the United States Code.
    In subsection (a), the words ``Secretary of Transportation or the 
head of a component of the Department of Transportation'' are 
substituted for ``Department of Transportation, including any of its 
agencies'' for consistency in the revised title and with other titles of 
the Code.
    In subsection (b), the word ``Secretary'' is substituted for 
``Office of the Secretary of Transportation'' for consistency in the 
revised title and with other titles of the Code. The words ``within that 
agency'' are omitted as unnecessary.
    In subsection (c), the words ``An officer or employee required to 
submit to toxicological testing may not assert'' are substituted for 
``may not be asserted'' for clarity.
