Page:United States Statutes at Large Volume 108 Part 2.djvu/652

 108 STAT. 1368 PUBLIC LAW 103-272—JULY 5, 1994 powers "In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89-670, 80 Stat. 931), the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Highway Administration, and the Federal Aviation Administration have the same authority that was vested in the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer. An action of the Secretary or Administrator in carrying out the duty or power has the same effect as when carried out by the department, agency, or instrumentality. "(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.". (B) The analysis of chapter 3 is amended by adding immediately after item 336 the following: "337. Budget request for the Director of Intelligence and Security. "SUBCHAPTER III—MISCELLANEOUS "351. Judicial review of actions in carrying out certain transferred duties and powers. "352. Authority to carry out certain transferred duties and powers. "353. Toxicological testing of officers and employees.". (11)(A) In section 501(a), strike clauses (4)-(9). (B) Strike section 508. (C) In the analysis of chapter 105, strike the item related to section 508. (D) In section 521(b)(2)(A), strike "section 508" and substitute "chapter 59". (12) In sections 502(e)(2) and 10321(d)(3), insert "judge" after "United States magistrate". (13) Section 10362(b)(5) is amended to read as follows: "(5) prescribe regulations that contain standards for the computation of subsidies for rail passenger transportation (except passenger transportation compensation disputes subject to the jurisdiction of the Commission under sections 24308(a) and 24903(c)(2) of this title) that are consistent with the compensation principles described in the final system plan estab-
 * § 352. Authority to carry out certain transferred duties and
 * § 353. Toxicological testing of officers and employees

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