ALCOHOL TESTING.

SEC. 304. ALCOHOL TESTING. (a) Adminstrative Procedure.— Section 7702 of title 46, United States Code, is amended by striking the second sentence of subsection (c)(2) and inserting the following: “The testing may include preemployment (with respect to dangerous drugs only), periodic, random, and reasonable cause testing, and shall include post-accident testing.”. (b) Increase in Civil Penalty.— Section 2115 of title 46, United States Code, is amended by striking “$1,000” and inserting “$5,000”. (c) Increase in Negligence Penalty.— Section 2302(c)(1) of title 46, United States Code, is amended by striking “$1,000 for a first violation and not more than $5,000 for a subsequent violation; or” and inserting “$5,000; or”. (d) Post Serious Marine Casualty Testing.— (1) Chapter 23 of title 46, United States Code, is amended by inserting after section 2303 the following: “§2303a. Post serious marine casualty alcohol testing “(a) The Secretary shall establish procedures to ensure that after a serious marine casualty occurs, alcohol testing of crew members or other persons responsible for the operation or other safety-sensitive functions of the vessel or vessels involved in such 112 STAT. 3420casualty is conducted no later than 2 hours after the casualty occurs, unless such testing cannot be completed within that time due to safety concerns directly related to the casualty. “(b) The procedures in subsection (a) shall require that if alcohol testing cannot be completed within 2 hours of the occurrence of the casualty, such testing shall be conducted as soon thereafter as the safety concerns in subsection (a) have been adequately addressed to permit such testing, except that such testing may not be required more than 8 hours after the casualty occurs.”. (2) The table of sections at the beginning of chapter 23 of title 46, United States Code, is amended by inserting after the item related to section 2303 the following: “2303a. Post serious marine casualty alcohol testing.”.