Page:United States Statutes at Large Volume 112 Part 5.djvu/661

 PUBLIC LAW 105-383—NOV. 13, 1998 112 STAT. 3419 "(2) The Secretary shall, and any other interested agency may, designate a representative to participate as an observer with the Committee. The representatives shall, as appropriate, report to and advise the Committee on matters relating to Great Lakes pilotage. The Secretary's designated representative shall act as the executive secretary of the Committee and shall perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.). "(d)(1) The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to Great Lakes pilotage. "(2) The Secretary shall consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting Great Lakes pilotage. "(e)(1) A member of the Committee, when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive— "(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic gay in effect for GS-18 of the General Schedule under section 332 of title 5 including travel time; and "(B) travel or transportation expenses under section 5703 of title 5, United States Code. "(2) A member of the Committee shall not be considered to be an officer or employee of the United States for any purpose based on their receipt of any payment under this subsection. "(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies to the Committee, except that the Committee terminates on September 30, 2003. "(2) 2 years before the termination date set forth in paragraph (1) of this subsection, the Committee shall submit to the Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date.". 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 premployment (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

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