89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–352 

COAST GUARD MODERNIZATION ACT OF 2009 

DECEMBER 3, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2650] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2650) to amend title 14, United States 

Code, to modernize the leadership of the Coast Guard, to modernize the administration of marine safety by the Coast Guard, and 

for other purposes, having considered the same, report favorably 

thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE LEGISLATION

H.R. 2650, the ‘‘Coast Guard Modernization Act of 2009’’, reorganizes the leadership of the Coast Guard and provides a statutory 

framework for the Coast Guard’s marine safety program. 

BACKGROUND AND NEED FOR THE LEGISLATION

In 2007, the Coast Guard proposed a modernization of the service’s leadership structure that would elevate the Vice Commandant 

to a full, four-star Admiral; eliminate the Area Commanders located in Portsmouth, Virginia, and Alameda, California; and establish four three-star Admiral positions to oversee the support, readiness, operations, and command of the Coast Guard. H.R. 2650 implements this Coast Guard proposal. 

In recent years, the Coast Guard has not provided the resources 

or attention needed to its marine safety program to ensure the 

safety of the public. The Coast Guard acknowledged these shortcomings in a report entitled ‘‘Marine Safety Analysis: An Independent Assessment and Suggestions for Improvement’’, and subsequently published the ‘‘Marine Safety Performance Plan’’ in NoVerDate Nov 24 2008 05:47 Dec 04, 2009 Jkt 089006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR352.XXX HR352

smartinez on DSKB9S0YB1PROD with REPORTS
2 

vember 2008 that outlines steps that the Coast Guard intends to 

take to improve the marine safety program. Title II of H.R. 2650 

codifies the Coast Guard’s role in marine safety and establishes a 

firm foundation for a robust marine safety program staffed by 

Coast Guard officers and members along with civilians who have 

the expertise to carry out the program and the continuity of service 

that will enable them to ensure the safety of transportation on the 

water. This revitalized marine safety program will focus attention 

on a substantial backlog of important marine safety regulations, including regulations for the inspection of and hours of service on 

towing vessels, the establishment of revised weight standards for 

passenger vessels, and for fishing vessel safety that have been languishing for over 15 years. 

SUMMARY OF THE LEGISLATION

Section 1. Short title 

Section 1 states that the legislation may be referred to as the 

‘‘Coast Guard Modernization Act of 2009’’. 

TITLE I—COAST GUARD LEADERSHIP

Sec. 101. Admirals and Vice Admirals 

Section 101 implements the Coast Guard’s proposed reorganization of its leadership positions by eliminating the two Area Commands that are established by law, and the Coast Guard Chief of 

Staff position. These three Vice Admirals are replaced by a Deputy 

Commandant for Mission Support; a Deputy Commandant for Operations and Policy; a Commander, Force Readiness Command; and 

a Commander, Operations Command. This section also promotes 

the Vice Commandant to a full Admiral. 

In addition, section 101 requires that either the Deputy Commandant for Operations and Policy or the Assistant Commandant 

for Marine Safety, Security, and Stewardship have a minimum of 

10 years of experience in vessel inspection, casualty investigation, 

mariner licensing or equivalent technical expertise, and at least 

four years of experience at a leadership level at a marine safety 

unit. 

TITLE II—MARINE SAFETY ADMINISTRATION

Sec. 201. Marine safety 

Section 201 establishes marine safety as a core mission of the 

Coast Guard. 

Sec. 202. Marine safety staff 

Section 202 defines Coast Guard marine safety positions; establishes minimum qualifications for all marine safety personnel requiring that individuals assigned to marine safety positions, including Safety Inspectors, Casualty Investigators, and the Chief of Marine Safety, be technically qualified for those positions; authorizes 

the establishment of Centers of Expertise for Maritime Safety to 

provide and facilitate education, training, and research in marine 

safety and inspection and marine casualty investigation; and establishes a marine industry training program for Coast Guard marine 

safety personnel. 


smartinez on DSKB9S0YB1PROD with REPORTS
3 

Sec. 203. Marine safety mission priorities and long-term goals 

Section 203 requires the Coast Guard to establish marine safety 

mission priorities, strategies to improve vessel safety and the safety of individuals on vessels, and measurable goals including resource needs for this program. This section also requires the Secretary to submit to Congress an annual marine safety strategy and 

plan, and a semi-annual report to Congress on the progress on 

meeting marine safety goals set forth in the plan. 

Sec. 204. Powers and duties 

Section 204 establishes the specific marine safety responsibility 

for which the Deputy Commandant for Operations and Policy, or 

his principal, acts as principal advisor to the Commandant on marine safety. This section does not affect the authority of Coast 

Guard officers and members under 14 U.S.C. § 89, or under other 

enforcement authority. 

Sec. 205. Appeals and waivers 

Section 205 requires that appeals and waivers of marine safety 

laws and regulations be handled by qualified marine inspectors. 

Currently, appeals of marine safety regulations and rules are handled up the chain of command in the Coast Guard, which may 

mean that an appeal is decided by a ship driver or helicopter pilot 

who has no professional qualifications in marine safety. This provision would require that such issues be handled by individuals who 

are qualified to assess the circumstances and safety implications of 

each such appeal. 

Sec. 206. Coast Guard Academy 

Section 206 requires the establishment of a professional course 

of study in marine safety at the Coast Guard Academy, and as part 

of other officer accession programs, to ensure that Coast Guard cadets and other officer candidates have a background and understanding of the marine safety program, including program history, 

vessel design and construction, vessel inspection, casualty investigation, and administrative law and regulation. 

Sec. 207. Report regarding civilian marine inspectors 

Section 207 requires the Commandant to report on efforts to recruit and retain civilian marine inspectors and investigators and 

the impact of such recruitment on Coast Guard performance. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

In the 110th Congress, the Subcommittee on Coast Guard and 

Maritime Transportation held a hearing on March 8, 2007, on ‘‘The 

Coast Guard Budget and Authorization for Fiscal Year 2008’’. On 

February 26, 2008, the Subcommittee held a hearing on ‘‘FY 2009 

Budget: Coast Guard, Federal Maritime Commission and Maritime 

Administration’’. 

At the March 8, 2007 hearing, the Commandant outlined the 

Coast Guard’s proposal to reorganize its leadership by eliminating 

the two Area Commands, which are established by law, and the 

Coast Guard Chief of Staff. These three Vice Admirals would be replaced by a Deputy Commandant for Mission Support; a Deputy 


smartinez on DSKB9S0YB1PROD with REPORTS
4 

Commandant for Operations and Policy; a Commander, Force 

Readiness Command; and a Commander, Operations Command. 

The proposal also promoted the Vice Commandant to a full Admiral. 

On August 2, 2007, the Subcommittee held a hearing on the 

‘‘Challenges Facing the Coast Guard’s Marine Safety Program’’ at 

which it heard from a number of industry witnesses about the deteriorating state of the Coast Guard’s marine safety program, particularly about the lack of continuity and expertise of Coast Guard 

personnel who are responsible for public safety. 

On June 22, 2007, Chairman James L. Oberstar introduced H.R. 

2830, the ‘‘Coast Guard Authorization Act of 2008’’. On June 26, 

2007, the Subcommittee met to consider H.R. 2830, and favorably 

recommended it, as amended, to the Committee on Transportation 

and Infrastructure by voice vote with a quorum present. On June 

28, 2007, the Committee met in open session and ordered H.R. 

2830, as amended, reported favorably to the House by voice vote 

with a quorum present. On September 20, 2007, the Committee reported the bill, as amended, to the House. H. Rept. 110–338, Part 

I. 

On October 1, 2007, the Committee on Homeland Security ordered the bill, as amended, reported favorably to the House. H. 

Rept. 110–338, Part II. On October 30, 2007, the Committee on the 

Judiciary ordered the bill, as amended, reported favorably to the 

House. H. Rept. 110–338, Part III. On April 23, 2008, the Committee on the Judiciary filed a supplemental report. H. Rept. 110– 

338, Part IV. 

On April 24, 2008, the House passed H.R. 2830 by a vote of 395– 

7. The Senate did not complete action on the legislation. 

In the 111th Congress, on May 13, 2009, the Subcommittee on 

Coast Guard and Maritime Transportation conducted an oversight 

hearing on the Coast Guard budget request for fiscal year 2010. 

On June 2, 2009, Chairman James L. Oberstar introduced H.R. 

2650, the ‘‘Coast Guard Modernization Act of 2009’’. 

On May 21, 2009, the Committee on Transportation and Infrastructure met in open session to consider H.R. 2650. The Committee ordered H.R. 2650 reported favorably to the House by voice 

vote with a quorum present. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with consideration of H.R. 2650 or ordering the bill reported. A motion to order H.R. 2650 reported favorably to the House was agreed to by voice vote with a quorum 

present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 


smartinez on DSKB9S0YB1PROD with REPORTS
5 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and section 308(a) of 

the Congressional Budget Act of 1974, the Committee references 

the report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to reorganize the leadership 

positions of the Coast Guard, and to establish marine safety as a 

core mission of the Coast Guard. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 2650 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 23, 2009. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2650, the Coast Guard 

Modernization Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DOUGLAS W. ELMENDORF, 

Director. 

Enclosure. 

H.R. 2650—Coast Guard Modernization Act of 2009 

H.R. 2650 would amend federal statutes that govern the operations of the U.S. Coast Guard. CBO estimates that implementing 

the legislation would increase discretionary spending by less than 

$500,000 annually beginning in fiscal year 2010. Enacting H.R. 

2650 could affect direct spending by allowing the Coast Guard to 

accept and spend donations from nonfederal entities, but CBO estimates that any net impact would be minimal. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

H.R. 2650 would reorganize leadership positions in the Coast 

Guard, establish marine safety as an agency mission, and require 


smartinez on DSKB9S0YB1PROD with REPORTS
6 

the agency to produce various one-time or annual reports on marine safety topics. In addition, the bill would authorize the Coast 

Guard to assign officers or other employees to private entities to 

carry out safety training. Based on information provided by the 

Coast Guard, CBO estimates that implementing H.R. 2650 would 

have little effect on the federal budget because the agency already 

carries out similar or identical programs. Producing newly required 

studies and annual reports would add less than $500,000 a year to 

the agency’s cost, assuming the availability of appropriated funds. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 2053 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(d), 9(e), and 9(f) of rule XXI of the Rules of the House of 

Representatives. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATE STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the ‘‘Unfunded Mandates Reform Act’’ 

(P.L. 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 2650 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY OF LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (P.L. 104–1). 


smartinez on DSKB9S0YB1PROD with REPORTS
7 


smartinez on DSKB9S0YB1PROD with REPORTSInsert graphic folio 11 HR352.001
8 


smartinez on DSKB9S0YB1PROD with REPORTSInsert graphic folio 12 HR352.002
9 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

TITLE 14, UNITED STATES CODE 

* * * * * * * 

PART I—REGULAR COAST GUARD 

* * * * * * * 

CHAPTER 3—COMPOSITION AND ORGANIZATION 

Sec. 

41. Grades and ratings. 

* * * * * * * 

ø47. Vice Commandant; assignment.¿ 

47. Vice Commandant; appointment. 

* * * * * * * 

ø50. Area Commanders. 

ø50a. Chief of Staff.¿ 

50. Vice admirals. 

* * * * * * * 

ø52. Vice admirals, continuity of grade.¿ 

52. Vice admirals and admirals, continuity of grade. 

* * * * * * * 

55. Marine safety workforce. 

56. Centers of Expertise for Marine Safety. 

57. Marine industry training program. 

§ 41. Grades and ratings 

In the Coast Guard there shall be øan admiral,¿ admirals; vice 

admirals; rear admirals; rear admirals (lower half); captains; commanders; lieutenant commanders; lieutenants; lieutenants (junior 

grade); ensigns; chief warrant officers; cadets; warrant officers; and 

enlisted members. Enlisted members shall be distributed in ratings 

established by the Secretary. 

* * * * * * * 

§ 47. Vice Commandant; øAssignment¿ Appointment 

The President may appoint, by and with the advice and consent 

of the Senate, one Vice Commandant who shall rank next after the 

Commandant, shall perform such duties as the Commandant may 

prescribe and shall act as Commandant during the absence or disability of the Commandant or in the event that there is a vacancy 

in the office of Commandant. The Vice Commandant shall be selected from the officers on the active duty promotion list serving 

above the grade of captain. The Commandant shall make recommendation for such appointment. The Vice Commandant shall, 

while so serving, have the grade of øvice admiral¿ admiral with 

pay and allowances of that grade. The appointment and grade of 

a Vice Commandant shall be effective on the date the officer assumes that duty, and shall terminate on the date the officer is deVerDate Nov 24 2008 05:47 Dec 04, 2009 Jkt 089006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\HR352.XXX HR352

smartinez on DSKB9S0YB1PROD with REPORTS
10 

tached from that duty, except as provided in øsubsection¿ section 

51(d) of this title. 

ø§ 50. Area commanders 

ø(a) The President may appoint, by and with the advice and consent of the Senate, a Commander, Atlantic Area, and a Commander, Pacific Area, each of whom shall be an intermediate commander between the Commandant and the district commanders in 

his respective area and shall perform such duties as the Commandant may prescribe. The area commanders shall be appointed 

from officers on the active duty promotion list serving above the 

grade of captain. The Commandant shall make recommendations 

for such appointments. 

ø(b) An area commander shall, while so serving, have the grade 

of vice admiral with pay and allowances of that grade. The appointment and grade of an area commander shall be effective on the 

date the officer assumes that duty, and shall terminate on the date 

the officer is detached from that duty, except as provided in subsection 51(d) of this title. 

ø§ 50a. Chief of Staff 

ø(a) The President may appoint, by and with the advice and consent of the Senate, a Chief of Staff of the Coast Guard who shall 

rank next after the area commanders and who shall perform duties 

as prescribed by the Commandant. The Chief of Staff shall be appointed from the officers on the active duty promotion list serving 

above the grade of captain. The Commandant shall make recommendations for the appointment. 

ø(b) The Chief of Staff shall have the grade of vice admiral with 

the pay and allowances of that grade. The appointment and grade 

of the Chief of Staff shall be effective on the date the officer assumes that duty, and shall terminate on the date the officer is detached from that duty, except as provided in section 51(d) of this 

title.¿ 

§ 50. Vice admirals 

(a)(1) The President may designate 4 positions of importance and 

responsibility that shall be held by officers who— 

(A) while so serving, shall have the grade of vice admiral, 

with the pay and allowances of that grade; and 

(B) shall perform any duties as the Commandant may prescribe. 

(2) The 4 vice admiral positions authorized under paragraph (1) 

are, respectively, the following: 

(A) The Deputy Commandant for Mission Support. 

(B) The Deputy Commandant for Operations and Policy. 

(C) The Commander, Force Readiness Command. 

(D) The Commander, Operations Command. 

(3) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to each of the positions designated under paragraph (1) an officer of the Coast Guard who is serving on active 

duty above the grade of captain. The Commandant shall make recommendations for those appointments. 


smartinez on DSKB9S0YB1PROD with REPORTS
11 

(4)(A) Except as provided in subparagraph (B), the Deputy Commandant for Operations and Policy must have at least 10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in the design and 

construction of commercial vessels, with at least 4 years of leadership experience at a staff or unit carrying out marine safety functions. 

(B) The requirements of subparagraph (A) do not apply to such 

Deputy Commandant if the subordinate officer serving in the grade 

of rear admiral with responsibilities for marine safety, security, and 

stewardship possesses that experience. 

(b)(1) The appointment and the grade of vice admiral under this 

section shall be effective on the date the officer assumes that duty 

and, except as provided in paragraph (2) of this subsection or in section 51(d) of this title, shall terminate on the date the officer is detached from that duty. 

(2) An officer who is appointed to a position designated under 

subsection (a) shall continue to hold the grade of vice admiral— 

(A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date 

the officer is detached from duty and terminating on the date 

before the day the officer assumes the subsequent duty, but not 

for more than 60 days; 

(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged 

from the hospital, but not for more than 180 days; and 

(C) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer’s retirement, but not for more than 60 days. 

(c)(1) An appointment of an officer under subsection (a) does not 

vacate the permanent grade held by the officer. 

(2) An officer serving in a grade above rear admiral who holds 

the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the 

officer was serving in the officer’s permanent grade. 

(d) Whenever a vacancy occurs in a position designated under 

subsection (a), the Commandant shall inform the President of the 

qualifications needed by an officer serving in that position to carry 

out effectively the duties and responsibilities of that position. 

§ 51. Retirement 

ø(a) An officer who, while serving in the grade of vice admiral, 

is retired for physical disability shall be placed on the retired list 

with the grade of vice admiral. 

ø(b) An officer who is retired while serving in the grade of vice 

admiral, or who, after serving at least two and one-half years in 

the grade of vice admiral, is retired while serving in a lower grade, 

may in the discretion of the President, be retired with the grade 

of vice admiral. 

ø(c) An officer who, after serving less than two and one-half 

years in the grade of vice admiral, is retired while serving in a 

lower grade, shall be retired in his permanent grade.¿ 

(a) An officer, other than the Commandant, who, while serving in 

the grade of admiral or vice admiral, is retired for physical disVerDate Nov 24 2008 05:47 Dec 04, 2009 Jkt 089006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\HR352.XXX HR352

smartinez on DSKB9S0YB1PROD with REPORTS
12 

ability shall be placed on the retired list with the highest grade in 

which that officer served. 

(b) An officer, other than the Commandant, who is retired while 

serving in the grade of admiral or vice admiral, or who, after serving at least two and one-half years in the grade of admiral or vice 

admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which 

that officer served. 

(c) An officer, other than the Commandant, who, after serving less 

than two and one-half years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his 

permanent grade. 

(d) An officer serving in the grade of admiral or vice admiral 

shall continue to hold that grade— 

(1) * * * 

(2) while awaiting retirement, beginning on the day that officer is relieved from the position of Commandant, Vice Commandant, øArea Commander, or Chief of Staff¿ or Vice Admirals and ending on the day before the officer’s retirement, but 

not for more than 60 days. 

§ 52. Vice admirals and admirals, continuity of grade 

The continuity of an officer’s precedence on the active duty promotion list, date of rank, grade, pay, and allowances as a vice admiral or admiral shall not be interrupted by the termination of an 

appointment for the purpose of reappointment to another position 

as a vice admiral or admiral. 

* * * * * * * 

§ 55. Marine safety workforce 

(a) DESIGNATION OF MARINE SAFETY WORKFORCE.— 

(1) IN GENERAL.—The Secretary, acting through the Commandant, shall designate those positions in the Coast Guard 

that constitute the marine safety workforce. 

(2) REQUIRED POSITIONS.—In designating positions under 

paragraph (1), the Secretary shall include, at a minimum, the 

following marine safety-related positions: 

(A) Program oversight. 

(B) Vessel and facility inspection. 

(C) Casualty investigation. 

(D) Pollution investigation. 

(E) Merchant Mariner licensing, documentation, and registry. 

(F) Marine safety engineering or other technical activities. 

(3) MARINE SAFETY MANAGEMENT HEADQUARTER ACTIVITIES.—The Secretary shall also designate under paragraph (1) 

those marine safety-related positions located at Coast Guard 

headquarters units, including the Marine Safety Center and the 

National Maritime Center. 

(b) CAREER PATHS.—The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian 

and military Coast Guard personnel who wish to pursue careers in 

marine safety are identified in terms of the education, training, exVerDate Nov 24 2008 05:47 Dec 04, 2009 Jkt 089006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR352.XXX HR352

smartinez on DSKB9S0YB1PROD with REPORTS
13 

perience, and assignments necessary for career progression of civilians and members of the Armed Forces to the most senior marine 

safety positions. The Secretary shall make available published information on such career paths. 

(c) QUALIFICATIONS.—With regard to the marine safety workforce, 

an officer, member, or civilian employee of the Coast Guard assigned as a— 

(1) marine inspector shall have the training, experience, and 

qualifications equivalent to that required for a similar position 

at a classification society recognized by the Secretary under section 3316 of title 46 for the type of vessel, system, or equipment 

that is inspected; 

(2) marine casualty investigator shall have training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, 

and documentation using best investigation practices by Federal and non-Federal entities; or 

(3) marine safety engineer shall have knowledge, skill, and 

practical experience in— 

(A) the construction and operation of commercial vessels; 

(B) judging the character, strength, stability, and safety 

qualities of such vessels and their equipment; or 

(C) the qualifications and training of vessel personnel. 

(d) APPRENTICESHIP REQUIREMENT.—Any officer, member, or employee of the Coast Guard in training to become a marine inspector, 

marine casualty investigator, or a marine safety engineer shall serve 

a minimum of one-year apprenticeship, unless otherwise directed by 

the Commandant, under the guidance of a qualified marine inspector, marine casualty investigator, or marine safety engineer. The 

Commandant may authorize shorter apprenticeship periods for certain qualifications, as appropriate. 

(e) BALANCED WORKFORCE POLICY.—In the development of marine 

safety workforce policies under this section with respect to any civilian employees or applicants for employment with the Coast Guard, 

the Secretary shall, consistent with the merit system principles set 

out in paragraphs (1) and (2) of section 2301(b) of title 5, take into 

consideration the need to maintain a balanced workforce in which 

women and members of racial and ethnic minority groups are appropriately represented in Government service. 

(f) MANAGEMENT INFORMATION SYSTEM.—The Secretary, acting 

through the Commandant, shall establish a management information system for the marine safety workforce that shall provide, at a 

minimum, the following standardized information on persons serving in marine safety positions: 

(1) Qualifications, assignment history, and tenure in assignments of persons in the marine safety workforce. 

(2) Promotion rates for military and civilian personnel in the 

marine safety workforce. 

(g) ASSESSMENT OF ADEQUACY OF MARINE SAFETY WORKFORCE.— (1) REPORT.—The Secretary, acting through the Commandant, shall report to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

by December 1 of each year on the adequacy of the current marine safety workforce to meet that anticipated workload. 


smartinez on DSKB9S0YB1PROD with REPORTS
14 

(2) CONTENTS.—The report shall specify the number of civilian and military Coast Guard personnel currently assigned to 

marine safety positions and shall identify positions that are 

understaffed to meet the anticipated marine safety workload. 

(h) SECTOR CHIEF OF MARINE SAFETY.— 

(1) IN GENERAL.—There shall be in each Coast Guard sector 

a Chief of Marine Safety who shall be at least a Lieutenant 

Commander or civilian employee within the grade GS–13 of the 

General Schedule, and who shall be a— 

(A) marine inspector, qualified to inspect vessels, vessel 

systems, and equipment commonly found in the sector; and 

(B) qualified marine casualty investigator. 

(2) FUNCTIONS.—The Chief of Marine Safety for a sector— 

(A) is responsible for all individuals who, on behalf of the 

Coast Guard, inspect or examine vessels, conduct marine 

casualty investigations; and 

(B) if not the Coast Guard officer in command of that 

sector, is the principal advisor to the Sector Commander regarding marine safety matters in that sector. 

(i) SIGNATORIES OF LETTER OF QUALIFICATION.—Each individual 

signing a letter of qualification for marine safety personnel must 

hold a letter of qualification for the type being certified. 

§ 56. Centers of Expertise for Marine Safety 

(a) ESTABLISHMENT.—The Commandant of the Coast Guard may 

establish and operate one or more Centers of Expertise for Marine 

Safety (in this section referred to as a ‘‘Center’’). 

(b) MISSIONS.—The Centers shall— 

(1) be used to provide and facilitate education, training, and 

research in marine safety including vessel inspection and causality investigation; 

(2) develop a repository of information on marine safety; and 

(3) perform any other missions as the Commandant may 

specify. 

(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHORIZED.—The Commandant may enter into an agreement with an appropriate official of an institution of higher education to— 

(1) provide for joint operation of a Center; and 

(2) provide necessary administrative services for a Center, including administration and allocation of funds. 

(d) ACCEPTANCE OF DONATIONS.—(1) Except as provided in paragraph (2), the Commandant may accept, on behalf of a Center, donations to be used to defray the costs of the Center or to enhance 

the operation of the Center. Those donations may be accepted from 

any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any individual. 

(2) The Commandant may not accept a donation under paragraph (1) if the acceptance of the donation would compromise or appear to compromise— 

(A) the ability of the Coast Guard or the department in which 

the Coast Guard is operating, any employee of the Coast Guard 

or the department, or any member of the Armed Forces to carry 


smartinez on DSKB9S0YB1PROD with REPORTS
15 

out any responsibility or duty in a fair and objective manner; 

or 

(B) the integrity of any program of the Coast Guard, the department in which the Coast Guard is operating, or of any person involved in such a program. 

(3) The Commandant shall prescribe written guidance setting 

forth the criteria to be used in determining whether or not the acceptance of a donation from a foreign source would have a result 

described in paragraph (2). 

§ 57. Marine industry training program 

(a) IN GENERAL.—The Commandant shall, by policy, establish a 

program under which an officer, member, or employee of the Coast 

Guard may be assigned to a private entity to further the institutional interests of the Coast Guard with regard to marine safety, including for the purpose of providing training to an officer, member, 

or employee. Policies to carry out the program— 

(1) with regard to an employee of the Coast Guard, shall include provisions, consistent with sections 3702 through 3704 of 

title 5, as to matters concerning— 

(A) the duration and termination of assignments; 

(B) reimbursements; and 

(C) status, entitlements, benefits, and obligations of program participants; and 

(2) shall require the Commandant, before approving the assignment of an officer, member, or employee of the Coast Guard 

to a private entity, to determine that the assignment is an effective use of the Coast Guard’s funds, taking into account the best 

interests of the Coast Guard and the costs and benefits of alternative methods of achieving the same results and objectives. 

(b) ANNUAL REPORT.—Not later than the date of the submission 

each year of the President’s budget request under section 1105 of 

title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate 

a report that describes— 

(1) the number of officers, members, and employees of the 

Coast Guard assigned to private entities under this section; and 

(2) the specific benefit that accrues to the Coast Guard for 

each assignment. 

* * * * * * * 

CHAPTER 5—FUNCTIONS AND POWERS 

Sec. 

81. Aids to navigation authorized. 

* * * * * * * 

99. Marine safety. 

102. Appeals and waivers. 

* * * * * * * 

§ 93. Commandant; general powers 

(a) * * * 

* * * * * * * 


smartinez on DSKB9S0YB1PROD with REPORTS
16 

(c) MARINE SAFETY RESPONSIBILITIES.—In exercising the Commandant’s duties and responsibilities with regard to marine safety, 

the individual with the highest rank who meets the experience 

qualifications set forth in section 50(a)(4) shall serve as the principal advisor to the Commandant regarding— 

(1) the operation, regulation, inspection, identification, manning, and measurement of vessels, including plan approval and 

the application of load lines; 

(2) approval of materials, equipment, appliances, and associated equipment; 

(3) the reporting and investigation of marine casualties and 

accidents; 

(4) the licensing, certification, documentation, protection and 

relief of merchant seamen; 

(5) suspension and revocation of licenses and certificates; 

(6) enforcement of manning requirements, citizenship requirements, control of log books; 

(7) documentation and numbering of vessels; 

(8) State boating safety programs; 

(9) commercial instruments and maritime liens; 

(10) the administration of bridge safety; 

(11) administration of the navigation rules; 

(12) the prevention of pollution from vessels; 

(13) ports and waterways safety; 

(14) waterways management; including regulation for regattas and marine parades; 

(15) aids to navigation; and 

(16) other duties and powers of the Secretary related to marine safety and stewardship. 

(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in subsection (c) 

affects— 

(1) the authority of Coast Guard officers and members to enforce marine safety regulations using authority under section 89 

of this title; or 

(2) the exercise of authority under section 91 of this title and 

the provisions of law codified at sections 191 through 195 of 

title 50 on the date of enactment of this paragraph. 

* * * * * * * 

§ 99. Marine safety 

To protect life, property, and the environment on, under, and over 

waters subject to the jurisdiction of the United States and on vessels 

subject to the jurisdiction of the United States, the Commandant 

shall promote maritime safety as follows: 

(1) By taking actions necessary and in the public interest to 

protect such life, property, and the environment. 

(2) Based on the following priorities: 

(A) Preventing marine casualties and threats to the environment. 

(B) Minimizing the impacts of marine casualties and environmental threats. 

(C) Maximizing lives and property saved and environment protected in the event of a marine casualty. 


smartinez on DSKB9S0YB1PROD with REPORTS
17 

§ 102. Appeals and waivers 

Except for the Commandant of the Coast Guard, any individual 

adjudicating an appeal or waiver of a decision regarding marine 

safety, including inspection or manning and threats to the environment, shall— 

(1) be a qualified specialist with the training, experience, and 

qualifications in marine safety to effectively judge the facts and 

circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or 

(2) have a senior staff member who— 

(A) meets the requirements of paragraph (1); 

(B) actively advises the individual adjudicating the appeal; and 

(C) concurs in writing on the decision on appeal. 

* * * * * * * 

CHAPTER 9—COAST GUARD ACADEMY 

Sec. 

181. Administration of Academy. 

* * * * * * * 

199. Marine safety curriculum. 

* * * * * * * 

§ 199. Marine safety curriculum 

The Commandant of the Coast Guard shall ensure that professional courses of study in marine safety are provided at the Coast 

Guard Academy, and during other officer accession programs, to 

give Coast Guard cadets and other officer candidates a background 

and understanding of the marine safety program. These courses 

may include such topics as program history, vessel design and construction, vessel inspection, casualty investigation, and administrative law and regulations. 

* * * * * * * 

CHAPTER 11—PERSONNEL 

* * * * * * * 

D. Discharges; Retirements; Revocation of Commissions 

* * * * * * * 

§ 290. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement 

(a) The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on 

the active duty promotion list serving in the grade of rear admiral 

(lower half) or rear admiral who have not previously been considered for continuation in that grade. øOfficers serving for the time 

being or who have served in the grade of vice admiral are not subject to consideration for continuation under this subsection, and as 

to all other provisions of this section shall be considered as having 

been continued in the grade of rear admiral.¿ Officers, other than 

the Commandant, serving for the time being or who have served in 

the grade of vice admiral or admiral are not subject to considerVerDate Nov 24 2008 05:47 Dec 04, 2009 Jkt 089006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6601 E:\HR\OC\HR352.XXX HR352

smartinez on DSKB9S0YB1PROD with REPORTS
18 

ation for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued 

in the grade of rear admiral. A board shall consist of at least five 

officers serving in the grade of vice admiral or as rear admirals 

previously continued. Boards shall be convened frequently enough 

to assure that each officer serving in the grade of rear admiral 

(lower half) or rear admiral is subject to consideration for continuation during a promotion year in which that officer completes not 

less than four or more than five years combined service in the 

grades of rear admiral (lower half) and rear admiral. 

* * * * * * * 

TITLE 46, UNITED STATES CODE 

* * * * * * * 

Subtitle II—Vessels and Seamen 

* * * * * * * 

PART A—GENERAL PROVISIONS

CHAPTER 21—GENERAL 

Sec. 

2101. General definitions. 

* * * * * * * 

2116. Marine safety strategy, goals, and performance assessments. 

* * * * * * * 

§ 2116. Marine safety strategy, goals, and performance assessments 

(a) LONG-TERM STRATEGY AND GOALS.—In conjunction with existing federally required strategic planning efforts, the Secretary shall 

develop a long-term strategy for improving vessel safety and the 

safety of individuals on vessels. The strategy shall include the 

issuance each year of an annual plan and schedule for achieving 

the following goals: 

(1) Reducing the number and rates of marine casualties. 

(2) Improving the consistency and effectiveness of vessel and 

operator enforcement and compliance programs. 

(3) Identifying and targeting enforcement efforts at high-risk 

vessels and operators. 

(4) Improving research efforts to enhance and promote vessel 

and operator safety and performance. 

(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.— 

(1) MEASURABLE GOALS.—The strategy and annual plans 

shall include specific numeric or measurable goals designed to 

achieve the goals set forth in subsection (a). The purposes of the 

numeric or measurable goals are the following: 

(A) To increase the number of safety examinations on all 

high-risk vessels. 

(B) To eliminate the backlog of marine safety-related 

rulemakings. 


smartinez on DSKB9S0YB1PROD with REPORTS
19 

(C) To improve the quality and effectiveness of marine 

safety information databases by ensuring that all Coast 

Guard personnel accurately and effectively report all safety, 

casualty, and injury information. 

(D) To provide for a sufficient number of Coast Guard 

marine safety personnel, and provide adequate facilities 

and equipment to carry out the functions referred to in section 93(c). 

(2) RESOURCE NEEDS.—The strategy and annual plans shall 

include estimates of— 

(A) the funds and staff resources needed to accomplish 

each activity included in the strategy and plans; and 

(B) the staff skills and training needed for timely and effective accomplishment of each goal. 

(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—Beginning with 

fiscal year 2011 and each fiscal year thereafter, the Secretary shall 

submit to Congress the strategy and annual plan not later than 60 

days following the transmission of the President’s budget submission under section 1105 of title 31. 

(d) ACHIEVEMENT OF GOALS.— (1) PROGRESS ASSESSMENT.—No less frequently than semiannually, the Coast Guard Commandant and the Assistant 

Commandant for Marine Safety shall jointly assess the progress 

of the Coast Guard toward achieving the goals set forth in subsection (b). The Commandant and the Assistant Commandant 

shall jointly convey their assessment to the employees of the Assistant Commandant and shall identify any deficiencies that 

should be remedied before the next progress assessment. 

(2) REPORT TO CONGRESS.—The Secretary shall report annually to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate— 

(A) on the performance of the marine safety program in 

achieving the goals of the marine safety strategy and annual plan under subsection (a) for the year covered by the 

report; 

(B) on the program’s mission performance in achieving 

numerical measurable goals established under subsection 

(b); and 

(C) recommendations on how to improve performance of 

the program. 

* * * * * * * 

PART B—INSPECTION AND REGULATIONS OF VESSELS

* * * * * * * 

CHAPTER 33—INSPECTION GENERALLY 

* * * * * * * 

§ 3309. Certificate of inspection 

(a) * * * 

* * * * * * * 


smartinez on DSKB9S0YB1PROD with REPORTS
20 

(d) A certificate of inspection issued under this section shall be 

signed by the senior Coast Guard member or civilian employee who 

inspected the vessel, in addition to the officer in charge of marine 

inspection. 

* * * * * * * 

Æ 


smartinez on DSKB9S0YB1PROD with REPORTS