IB 

Union Calendar No. 203 

111TH CONGRESS 

1ST SESSION H. R. 2650 

[Report No. 111–352] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2009 

Mr. OBERSTAR (for himself and Mr. CUMMINGS) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

DECEMBER 3, 2009 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Coast Guard Mod3 ernization Act of 2009’’. 

4 TITLE I—COAST GUARD 

5 LEADERSHIP 

6 SEC. 101. ADMIRALS AND VICE ADMIRALS. 

7 (a) ADMIRALS.—Section 41 of title 14, United States 

8 Code, is amended by striking ‘‘an admiral,’’ and inserting 

9 ‘‘admirals;’’. 

10 (b) VICE COMMANDANT.—Section 47 of title 14, 

11 United States Code, is amended— 

12 (1) in the section heading by striking ‘‘ASSIGN13 MENT’’ and inserting ‘‘APPOINTMENT’’; and 

14 (2) in the text by striking ‘‘vice admiral’’ and 

15 inserting ‘‘admiral’’. 

16 (c) VICE ADMIRALS.— 

17 (1) IN GENERAL.—Section 50 of title 14, 

18 United States Code, is amended to read as follows: 

19 ‘‘§ 50. Vice admirals 

20 ‘‘(a)(1) The President may designate 4 positions of 

21 importance and responsibility that shall be held by officers 

22 who— 

23 ‘‘(A) while so serving, shall have the grade of 

24 vice admiral, with the pay and allowances of that 

25 grade; and 


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1 ‘‘(B) shall perform any duties as the Com2 mandant may prescribe. 

3 ‘‘(2) The 4 vice admiral positions authorized under 

4 paragraph (1) are, respectively, the following: 

5 ‘‘(A) The Deputy Commandant for Mission 

6 Support. 

7 ‘‘(B) The Deputy Commandant for Operations 

8 and Policy. 

9 ‘‘(C) The Commander, Force Readiness Com10 mand. 

11 ‘‘(D) The Commander, Operations Command. 

12 ‘‘(3) The President may appoint, by and with the ad13 vice and consent of the Senate, and reappoint, by and with 

14 the advice and consent of the Senate, to each of the posi15 tions designated under paragraph (1) an officer of the 

16 Coast Guard who is serving on active duty above the grade 

17 of captain. The Commandant shall make recommendations 

18 for those appointments. 

19 ‘‘(4)(A) Except as provided in subparagraph (B), the 

20 Deputy Commandant for Operations and Policy must have 

21 at least 10 years experience in vessel inspection, marine 

22 casualty investigations, mariner licensing, or an equivalent 

23 technical expertise in the design and construction of com24 mercial vessels, with at least 4 years of leadership experiVerDate Nov 24 2008 21:10 Dec 03, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2650.RH H2650

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1 ence at a staff or unit carrying out marine safety func2 tions. 

3 ‘‘(B) The requirements of subparagraph (A) do not 

4 apply to such Deputy Commandant if the subordinate offi5 cer serving in the grade of rear admiral with responsibil6 ities for marine safety, security, and stewardship possesses 

7 that experience. 

8 ‘‘(b)(1) The appointment and the grade of vice admi9 ral under this section shall be effective on the date the 

10 officer assumes that duty and, except as provided in para11 graph (2) of this subsection or in section 51(d) of this 

12 title, shall terminate on the date the officer is detached 

13 from that duty. 

14 ‘‘(2) An officer who is appointed to a position des15 ignated under subsection (a) shall continue to hold the 

16 grade of vice admiral— 

17 ‘‘(A) while under orders transferring the officer 

18 to another position designated under subsection (a), 

19 beginning on the date the officer is detached from 

20 duty and terminating on the date before the day the 

21 officer assumes the subsequent duty, but not for 

22 more than 60 days; 

23 ‘‘(B) while hospitalized, beginning on the day of 

24 the hospitalization and ending on the day the officer 


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1 is discharged from the hospital, but not for more 

2 than 180 days; and 

3 ‘‘(C) while awaiting retirement, beginning on 

4 the date the officer is detached from duty and end5 ing on the day before the officer’s retirement, but 

6 not for more than 60 days. 

7 ‘‘(c)(1) An appointment of an officer under sub8 section (a) does not vacate the permanent grade held by 

9 the officer. 

10 ‘‘(2) An officer serving in a grade above rear admiral 

11 who holds the permanent grade of rear admiral (lower 

12 half) shall be considered for promotion to the permanent 

13 grade of rear admiral as if the officer was serving in the 

14 officer’s permanent grade. 

15 ‘‘(d) Whenever a vacancy occurs in a position des16 ignated under subsection (a), the Commandant shall in17 form the President of the qualifications needed by an offi18 cer serving in that position to carry out effectively the du19 ties and responsibilities of that position.’’. 

20 (2) APPLICATION OF DEPUTY COMMANDANT

21 QUALIFICATION REQUIREMENT.—The requirement 

22 under section 50(a)(4)(A) of title 14, United States 

23 Code, as amended by this subsection, shall apply on 

24 and after October 1, 2011. 


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1 (d) REPEAL.—Section 50a of title 14, United States 

2 Code, is repealed. 

3 (e) CONFORMING AMENDMENT.—Section 51 of that 

4 title is amended— 

5 (1) by amending subsections (a), (b), and (c) to 

6 read as follows: 

7 ‘‘(a) An officer, other than the Commandant, who, 

8 while serving in the grade of admiral or vice admiral, is 

9 retired for physical disability shall be placed on the retired 

10 list with the highest grade in which that officer served. 

11 ‘‘(b) An officer, other than the Commandant, who is 

12 retired while serving in the grade of admiral or vice admi13 ral, or who, after serving at least two and one-half years 

14 in the grade of admiral or vice admiral, is retired while 

15 serving in a lower grade, may in the discretion of the 

16 President, be retired with the highest grade in which that 

17 officer served. 

18 ‘‘(c) An officer, other than the Commandant, who, 

19 after serving less than two and one-half years in the grade 

20 of admiral or vice admiral, is retired while serving in a 

21 lower grade, shall be retired in his permanent grade.’’; and 

22 (2) in subsection (d)(2) by striking ‘‘Area Com23 mander, or Chief of Staff’’ and inserting ‘‘or Vice 

24 Admirals’’. 


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1 (f) CONTINUITY OF GRADE.—Section 52 of title 14, 

2 United States Code, is amended— 

3 (1) in the section heading by inserting ‘‘and 

4 admirals’’ after ‘‘Vice admirals’’; and 

5 (2) in the text by inserting ‘‘or admiral’’ after 

6 ‘‘vice admiral’’ the first time that term appears. 

7 (g) CONTINUATION ON ACTIVE DUTY.—The second 

8 sentence of section 290(a) of title 14, United States Code, 

9 is amended to read as follows: ‘‘Officers, other than the 

10 Commandant, serving for the time being or who have 

11 served in the grade of vice admiral or admiral are not sub12 ject to consideration for continuation under this sub13 section, and as to all other provisions of this section shall 

14 be considered as having been continued in the grade of 

15 rear admiral.’’. 

16 (h) TREATMENT OF INCUMBENTS; TRANSITION.— 

17 (1) VICE COMMANDANT.—Notwithstanding any 

18 other provision of law, the officer who, on the date 

19 of enactment of this Act, is serving in the Coast 

20 Guard as Vice Commandant— 

21 (A) shall continue to serve as Vice Com22 mandant; 

23 (B) shall have the grade of admiral with 

24 pay and allowances of that grade; and 


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1 (C) shall not be required to be reappointed 

2 by reason of the enactment of this Act. 

3 (2) CHIEF OF STAFF, COMMANDER, ATLANTIC

4 AREA, OR COMMANDER, PACIFIC AREA.—Notwith5 standing any other provision of law, an officer who, 

6 on the date of enactment of this Act, is serving in 

7 the Coast Guard as Chief of Staff, Commander, At8 lantic Area, or Commander, Pacific Area— 

9 (A) shall continue to have the grade of vice 

10 admiral with pay and allowance of that grade 

11 until such time that the officer is relieved of his 

12 or her duties and appointed and confirmed to 

13 another position as a vice admiral or admiral; 

14 and 

15 (B) for the purposes of transition, may 

16 continue, for not more than one year after the 

17 date of enactment of this Act, to perform the 

18 duties of the officer’s former position and any 

19 other such duties that the Commandant pre20 scribes. 

21 (i) CLERICAL AMENDMENTS.— 

22 (1) The table of sections at the beginning of 

23 chapter 3 of title 14, United States Code, is amend24 ed— 


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1 (A) by striking the item relating to section 

2 47 and inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 

3 (B) by striking the item relating to section 

4 50 and inserting the following: 

‘‘50. Vice admirals.’’; 

5 (C) by striking the item relating to section 

6 50a; and 

7 (D) by striking the item relating to section 

8 52 and inserting the following: 

‘‘52. Vice admirals and admirals, continuity of grade.’’. 

9 (j) TECHNICAL CORRECTION.—Section 47 of title 14, 

10 United States Code, is further amended in the fifth sen11 tence by striking ‘‘subsection’’ and inserting ‘‘section’’. 

12 TITLE II—MARINE SAFETY 

13 ADMINISTRATION 

14 SEC. 201. MARINE SAFETY. 

15 (a) ESTABLISH MARINE SAFETY AS A COAST GUARD

16 FUNCTION.—Chapter 5 of title 14, United States Code, 

17 is amended by adding at the end the following new section: 

18 ‘‘§ 99. Marine safety 

19 ‘‘To protect life, property, and the environment on, 

20 under, and over waters subject to the jurisdiction of the 

21 United States and on vessels subject to the jurisdiction 

22 of the United States, the Commandant shall promote mar23 itime safety as follows: 


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1 ‘‘(1) By taking actions necessary and in the 

2 public interest to protect such life, property, and the 

3 environment. 

4 ‘‘(2) Based on the following priorities: 

5 ‘‘(A) Preventing marine casualties and 

6 threats to the environment. 

7 ‘‘(B) Minimizing the impacts of marine 

8 casualties and environmental threats. 

9 ‘‘(C) Maximizing lives and property saved 

10 and environment protected in the event of a 

11 marine casualty.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis at the be13 ginning of such chapter is amended by adding at the end 

14 the following new item: 

‘‘99. Marine safety.’’. 

15 SEC. 202. MARINE SAFETY STAFF. 

16 (a) IN GENERAL.—Chapter 3 of title 14, United 

17 States Code, is amended by adding at the end the fol18 lowing new sections: 

19 ‘‘§ 55. Marine safety workforce 

20 ‘‘(a) DESIGNATION OF MARINE SAFETY WORK21 FORCE.— 

22 ‘‘(1) IN GENERAL.—The Secretary, acting 

23 through the Commandant, shall designate those po24 sitions in the Coast Guard that constitute the ma25 rine safety workforce. 


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1 ‘‘(2) REQUIRED POSITIONS.—In designating po2 sitions under paragraph (1), the Secretary shall in3 clude, at a minimum, the following marine safety-re4 lated positions: 

5 ‘‘(A) Program oversight. 

6 ‘‘(B) Vessel and facility inspection. 

7 ‘‘(C) Casualty investigation. 

8 ‘‘(D) Pollution investigation. 

9 ‘‘(E) Merchant Mariner licensing, docu10 mentation, and registry. 

11 ‘‘(F) Marine safety engineering or other 

12 technical activities. 

13 ‘‘(3) MARINE SAFETY MANAGEMENT HEAD14 QUARTER ACTIVITIES.—The Secretary shall also des15 ignate under paragraph (1) those marine safety-re16 lated positions located at Coast Guard headquarters 

17 units, including the Marine Safety Center and the 

18 National Maritime Center. 

19 ‘‘(b) CAREER PATHS.—The Secretary, acting 

20 through the Commandant, shall ensure that appropriate 

21 career paths for civilian and military Coast Guard per22 sonnel who wish to pursue careers in marine safety are 

23 identified in terms of the education, training, experience, 

24 and assignments necessary for career progression of civil25 ians and members of the Armed Forces to the most senior 


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1 marine safety positions. The Secretary shall make avail2 able published information on such career paths. 

3 ‘‘(c) QUALIFICATIONS.—With regard to the marine 

4 safety workforce, an officer, member, or civilian employee 

5 of the Coast Guard assigned as a— 

6 ‘‘(1) marine inspector shall have the training, 

7 experience, and qualifications equivalent to that re8 quired for a similar position at a classification soci9 ety recognized by the Secretary under section 3316 

10 of title 46 for the type of vessel, system, or equip11 ment that is inspected; 

12 ‘‘(2) marine casualty investigator shall have 

13 training, experience, and qualifications in investiga14 tion, marine casualty reconstruction, evidence collec15 tion and preservation, human factors, and docu16 mentation using best investigation practices by Fed17 eral and non-Federal entities; or 

18 ‘‘(3) marine safety engineer shall have knowl19 edge, skill, and practical experience in— 

20 ‘‘(A) the construction and operation of 

21 commercial vessels; 

22 ‘‘(B) judging the character, strength, sta23 bility, and safety qualities of such vessels and 

24 their equipment; or 


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1 ‘‘(C) the qualifications and training of ves2 sel personnel. 

3 ‘‘(d) APPRENTICESHIP REQUIREMENT.—Any officer, 

4 member, or employee of the Coast Guard in training to 

5 become a marine inspector, marine casualty investigator, 

6 or a marine safety engineer shall serve a minimum of one7 year apprenticeship, unless otherwise directed by the Com8 mandant, under the guidance of a qualified marine inspec9 tor, marine casualty investigator, or marine safety engi10 neer. The Commandant may authorize shorter apprentice11 ship periods for certain qualifications, as appropriate. 

12 ‘‘(e) BALANCED WORKFORCE POLICY.—In the devel13 opment of marine safety workforce policies under this sec14 tion with respect to any civilian employees or applicants 

15 for employment with the Coast Guard, the Secretary shall, 

16 consistent with the merit system principles set out in para17 graphs (1) and (2) of section 2301(b) of title 5, take into 

18 consideration the need to maintain a balanced workforce 

19 in which women and members of racial and ethnic minor20 ity groups are appropriately represented in Government 

21 service. 

22 ‘‘(f) MANAGEMENT INFORMATION SYSTEM.—The 

23 Secretary, acting through the Commandant, shall estab24 lish a management information system for the marine 

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1 lowing standardized information on persons serving in ma2 rine safety positions: 

3 ‘‘(1) Qualifications, assignment history, and 

4 tenure in assignments of persons in the marine safe5 ty workforce. 

6 ‘‘(2) Promotion rates for military and civilian 

7 personnel in the marine safety workforce. 

8 ‘‘(g) ASSESSMENT OF ADEQUACY OF MARINE SAFE9 TY WORKFORCE.— 

10 ‘‘(1) REPORT.—The Secretary, acting through 

11 the Commandant, shall report to the Committee on 

12 Transportation and Infrastructure of the House of 

13 Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate by De15 cember 1 of each year on the adequacy of the cur16 rent marine safety workforce to meet that antici17 pated workload. 

18 ‘‘(2) CONTENTS.—The report shall specify the 

19 number of civilian and military Coast Guard per20 sonnel currently assigned to marine safety positions 

21 and shall identify positions that are understaffed to 

22 meet the anticipated marine safety workload. 

23 ‘‘(h) SECTOR CHIEF OF MARINE SAFETY.— 

24 ‘‘(1) IN GENERAL.—There shall be in each 

25 Coast Guard sector a Chief of Marine Safety who 


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1 shall be at least a Lieutenant Commander or civilian 

2 employee within the grade GS–13 of the General 

3 Schedule, and who shall be a— 

4 ‘‘(A) marine inspector, qualified to inspect 

5 vessels, vessel systems, and equipment com6 monly found in the sector; and 

7 ‘‘(B) qualified marine casualty investi8 gator. 

9 ‘‘(2) FUNCTIONS.—The Chief of Marine Safety 

10 for a sector— 

11 ‘‘(A) is responsible for all individuals who, 

12 on behalf of the Coast Guard, inspect or exam13 ine vessels, conduct marine casualty investiga14 tions; and 

15 ‘‘(B) if not the Coast Guard officer in 

16 command of that sector, is the principal advisor 

17 to the Sector Commander regarding marine 

18 safety matters in that sector. 

19 ‘‘(i) SIGNATORIES OF LETTER OF QUALIFICATION.— 

20 Each individual signing a letter of qualification for marine 

21 safety personnel must hold a letter of qualification for the 

22 type being certified. 

23 ‘‘§ 56. Centers of Expertise for Marine Safety 

24 ‘‘(a) ESTABLISHMENT.—The Commandant of the 

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1 ters of Expertise for Marine Safety (in this section re2 ferred to as a ‘Center’). 

3 ‘‘(b) MISSIONS.—The Centers shall— 

4 ‘‘(1) be used to provide and facilitate education, 

5 training, and research in marine safety including 

6 vessel inspection and causality investigation; 

7 ‘‘(2) develop a repository of information on ma8 rine safety; and 

9 ‘‘(3) perform any other missions as the Com10 mandant may specify. 

11 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI12 TUTION AUTHORIZED.—The Commandant may enter into 

13 an agreement with an appropriate official of an institution 

14 of higher education to— 

15 ‘‘(1) provide for joint operation of a Center; 

16 and 

17 ‘‘(2) provide necessary administrative services 

18 for a Center, including administration and allocation 

19 of funds. 

20 ‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as 

21 provided in paragraph (2), the Commandant may accept, 

22 on behalf of a Center, donations to be used to defray the 

23 costs of the Center or to enhance the operation of the Cen24 ter. Those donations may be accepted from any State or 

25 local government, any foreign government, any foundation 


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1 or other charitable organization (including any that is or2 ganized or operates under the laws of a foreign country), 

3 or any individual. 

4 ‘‘(2) The Commandant may not accept a donation 

5 under paragraph (1) if the acceptance of the donation 

6 would compromise or appear to compromise— 

7 ‘‘(A) the ability of the Coast Guard or the de8 partment in which the Coast Guard is operating, any 

9 employee of the Coast Guard or the department, or 

10 any member of the Armed Forces to carry out any 

11 responsibility or duty in a fair and objective manner; 

12 or 

13 ‘‘(B) the integrity of any program of the Coast 

14 Guard, the department in which the Coast Guard is 

15 operating, or of any person involved in such a pro16 gram. 

17 ‘‘(3) The Commandant shall prescribe written guid18 ance setting forth the criteria to be used in determining 

19 whether or not the acceptance of a donation from a foreign 

20 source would have a result described in paragraph (2). 

21 ‘‘§ 57. Marine industry training program 

22 ‘‘(a) IN GENERAL.—The Commandant shall, by pol23 icy, establish a program under which an officer, member, 

24 or employee of the Coast Guard may be assigned to a pri25 vate entity to further the institutional interests of the 


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1 Coast Guard with regard to marine safety, including for 

2 the purpose of providing training to an officer, member, 

3 or employee. Policies to carry out the program— 

4 ‘‘(1) with regard to an employee of the Coast 

5 Guard, shall include provisions, consistent with sec6 tions 3702 through 3704 of title 5, as to matters 

7 concerning— 

8 ‘‘(A) the duration and termination of as9 signments; 

10 ‘‘(B) reimbursements; and 

11 ‘‘(C) status, entitlements, benefits, and ob12 ligations of program participants; and 

13 ‘‘(2) shall require the Commandant, before ap14 proving the assignment of an officer, member, or 

15 employee of the Coast Guard to a private entity, to 

16 determine that the assignment is an effective use of 

17 the Coast Guard’s funds, taking into account the 

18 best interests of the Coast Guard and the costs and 

19 benefits of alternative methods of achieving the same 

20 results and objectives. 

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

22 the submission each year of the President’s budget request 

23 under section 1105 of title 31, the Commandant shall sub24 mit to the Committee on Transportation and Infrastruc25 ture of the House of Representatives and the Committee 


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1 on Commerce, Science, and Transportation of the Senate 

2 a report that describes— 

3 ‘‘(1) the number of officers, members, and em4 ployees of the Coast Guard assigned to private enti5 ties under this section; and 

6 ‘‘(2) the specific benefit that accrues to the 

7 Coast Guard for each assignment.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by adding 

10 at the end the following new items: 

‘‘55. Marine safety workforce. 

‘‘56. Centers of Expertise for Marine Safety. 

‘‘57. Marine industry training program.’’. 

11 SEC. 203. MARINE SAFETY MISSION PRIORITIES AND LONG12 TERM GOALS. 

13 (a) IN GENERAL.—Chapter 21 of title 46, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 2116. Marine safety strategy, goals, and perform17 ance assessments 

18 ‘‘(a) LONG-TERM STRATEGY AND GOALS.—In con19 junction with existing federally required strategic planning 

20 efforts, the Secretary shall develop a long-term strategy 

21 for improving vessel safety and the safety of individuals 

22 on vessels. The strategy shall include the issuance each 

23 year of an annual plan and schedule for achieving the fol24 lowing goals: 


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1 ‘‘(1) Reducing the number and rates of marine 

2 casualties. 

3 ‘‘(2) Improving the consistency and effective4 ness of vessel and operator enforcement and compli5 ance programs. 

6 ‘‘(3) Identifying and targeting enforcement ef7 forts at high-risk vessels and operators. 

8 ‘‘(4) Improving research efforts to enhance and 

9 promote vessel and operator safety and performance. 

10 ‘‘(b) CONTENTS OF STRATEGY AND ANNUAL

11 PLANS.— 

12 ‘‘(1) MEASURABLE GOALS.—The strategy and 

13 annual plans shall include specific numeric or meas14 urable goals designed to achieve the goals set forth 

15 in subsection (a). The purposes of the numeric or 

16 measurable goals are the following: 

17 ‘‘(A) To increase the number of safety ex18 aminations on all high-risk vessels. 

19 ‘‘(B) To eliminate the backlog of marine 

20 safety-related rulemakings. 

21 ‘‘(C) To improve the quality and effective22 ness of marine safety information databases by 

23 ensuring that all Coast Guard personnel accu24 rately and effectively report all safety, casualty, 

25 and injury information. 


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1 ‘‘(D) To provide for a sufficient number of 

2 Coast Guard marine safety personnel, and pro3 vide adequate facilities and equipment to carry 

4 out the functions referred to in section 93(c). 

5 ‘‘(2) RESOURCE NEEDS.—The strategy and an6 nual plans shall include estimates of— 

7 ‘‘(A) the funds and staff resources needed 

8 to accomplish each activity included in the 

9 strategy and plans; and 

10 ‘‘(B) the staff skills and training needed 

11 for timely and effective accomplishment of each 

12 goal. 

13 ‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDG14 ET.—Beginning with fiscal year 2011 and each fiscal year 

15 thereafter, the Secretary shall submit to Congress the 

16 strategy and annual plan not later than 60 days following 

17 the transmission of the President’s budget submission 

18 under section 1105 of title 31. 

19 ‘‘(d) ACHIEVEMENT OF GOALS.— 

20 ‘‘(1) PROGRESS ASSESSMENT.—No less fre21 quently than semiannually, the Coast Guard Com22 mandant and the Assistant Commandant for Marine 

23 Safety shall jointly assess the progress of the Coast 

24 Guard toward achieving the goals set forth in sub25 section (b). The Commandant and the Assistant 


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1 Commandant shall jointly convey their assessment to 

2 the employees of the Assistant Commandant and 

3 shall identify any deficiencies that should be rem4 edied before the next progress assessment. 

5 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

6 shall report annually to the Committee on Transpor7 tation and Infrastructure of the House of Represent8 atives and the Committee on Commerce, Science, 

9 and Transportation of the Senate— 

10 ‘‘(A) on the performance of the marine 

11 safety program in achieving the goals of the 

12 marine safety strategy and annual plan under 

13 subsection (a) for the year covered by the re14 port; 

15 ‘‘(B) on the program’s mission perform16 ance in achieving numerical measurable goals 

17 established under subsection (b); and 

18 ‘‘(C) recommendations on how to improve 

19 performance of the program.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for such 

21 chapter is amended by adding at the end the following 

22 new item: 

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

23 (c) CERTIFICATES OF INSPECTION.—Section 3309 of 

24 title 46, United States Code, is amended by adding at the 

25 end the following: 


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1 ‘‘(d) A certificate of inspection issued under this sec2 tion shall be signed by the senior Coast Guard member 

3 or civilian employee who inspected the vessel, in addition 

4 to the officer in charge of marine inspection.’’. 

5 SEC. 204. POWERS AND DUTIES. 

6 Section 93 of title 14, United States Code, is amend7 ed by adding at the end the following new subsections: 

8 ‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exer9 cising the Commandant’s duties and responsibilities with 

10 regard to marine safety, the individual with the highest 

11 rank who meets the experience qualifications set forth in 

12 section 50(a)(4) shall serve as the principal advisor to the 

13 Commandant regarding— 

14 ‘‘(1) the operation, regulation, inspection, iden15 tification, manning, and measurement of vessels, in16 cluding plan approval and the application of load 

17 lines; 

18 ‘‘(2) approval of materials, equipment, appli19 ances, and associated equipment; 

20 ‘‘(3) the reporting and investigation of marine 

21 casualties and accidents; 

22 ‘‘(4) the licensing, certification, documentation, 

23 protection and relief of merchant seamen; 

24 ‘‘(5) suspension and revocation of licenses and 

25 certificates; 


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1 ‘‘(6) enforcement of manning requirements, citi2 zenship requirements, control of log books; 

3 ‘‘(7) documentation and numbering of vessels; 

4 ‘‘(8) State boating safety programs; 

5 ‘‘(9) commercial instruments and maritime 

6 liens; 

7 ‘‘(10) the administration of bridge safety; 

8 ‘‘(11) administration of the navigation rules; 

9 ‘‘(12) the prevention of pollution from vessels; 

10 ‘‘(13) ports and waterways safety; 

11 ‘‘(14) waterways management; including regula12 tion for regattas and marine parades; 

13 ‘‘(15) aids to navigation; and 

14 ‘‘(16) other duties and powers of the Secretary 

15 related to marine safety and stewardship. 

16 ‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing 

17 in subsection (c) affects— 

18 ‘‘(1) the authority of Coast Guard officers and 

19 members to enforce marine safety regulations using 

20 authority under section 89 of this title; or 

21 ‘‘(2) the exercise of authority under section 91 

22 of this title and the provisions of law codified at sec23 tions 191 through 195 of title 50 on the date of en24 actment of this paragraph.’’. 


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25 

•HR 2650 RH

1 SEC. 205. APPEALS AND WAIVERS. 

2 (a) IN GENERAL.—Chapter 5 of title 14, United 

3 States Code, is further amended by inserting at the end 

4 the following new section: 

5 ‘‘§ 102. Appeals and waivers 

6 ‘‘Except for the Commandant of the Coast Guard, 

7 any individual adjudicating an appeal or waiver of a deci8 sion regarding marine safety, including inspection or man9 ning and threats to the environment, shall— 

10 ‘‘(1) be a qualified specialist with the training, 

11 experience, and qualifications in marine safety to ef12 fectively judge the facts and circumstances involved 

13 in the appeal and make a judgment regarding the 

14 merits of the appeal; or 

15 ‘‘(2) have a senior staff member who— 

16 ‘‘(A) meets the requirements of paragraph 

17 (1); 

18 ‘‘(B) actively advises the individual adjudi19 cating the appeal; and 

20 ‘‘(C) concurs in writing on the decision on 

21 appeal.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for such 

23 chapter is further amended by adding at the end the fol24 lowing new item: 

‘‘102. Appeals and waivers.’’. 


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26 

•HR 2650 RH

1 SEC. 206. COAST GUARD ACADEMY. 

2 (a) IN GENERAL.—Chapter 9 of title 14, United 

3 States Code, is amended by adding at the end the fol4 lowing new section: 

5 ‘‘§ 199. Marine safety curriculum 

6 ‘‘The Commandant of the Coast Guard shall ensure 

7 that professional courses of study in marine safety are 

8 provided at the Coast Guard Academy, and during other 

9 officer accession programs, to give Coast Guard cadets 

10 and other officer candidates a background and under11 standing of the marine safety program. These courses may 

12 include such topics as program history, vessel design and 

13 construction, vessel inspection, casualty investigation, and 

14 administrative law and regulations.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for such 

16 chapter is further amended by adding at the end the fol17 lowing new item: 

‘‘199. Marine safety curriculum.’’. 

18 SEC. 207. REPORT REGARDING CIVILIAN MARINE INSPEC19 TORS. 

20 Not later than one year after the date of enactment 

21 of this Act, the Commandant of the Coast Guard shall 

22 submit to the Committee on Transportation and Infra23 structure of the House of Representatives and the Com24 mittee on Commerce, Science, and Transportation of the 

25 Senate a report on Coast Guard’s efforts to recruit and 


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27 

•HR 2650 RH

1 retain civilian marine inspectors and investigators and the 

2 impact of such recruitment and retention efforts on Coast 

3 Guard organizational performance. 


srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 203 

111TH CONGRESS 

1ST SESSION H. R. 2650 

[Report No. 111–352] 

A BILL 

To amend title 14, United States Code, to modCoast Guard, and for other purposes. ernize the administration of marine safety by the ernize the leadership of the Coast Guard, to modDECEMBER 3, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSKHWCL6B1PROD with BILLS