I 
111TH CONGRESS 
1ST SESSION 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. 
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 
A BILL 
To amend title 14, United States Code, to modernize the 
leadership of the Coast Guard, to modernize the adminis-
tration of marine safety by the Coast Guard, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coast Guard Mod-
ernization Act of 2009’’. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
TITLE I—COAST GUARD 
LEADERSHIP 
SEC. 101. ADMIRALS AND VICE ADMIRALS. 
(a) ADMIRALS.—Section 41 of title 14, United States 
Code, is amended by striking ‘‘an admiral,’’ and inserting 
‘‘admirals;’’. 
(b) VICE COMMANDANT.—Section 47 of title 14, 
United States Code, is amended— 
(1) in the section heading by striking ‘‘ASSIGN-
MENT’’ and inserting ‘‘APPOINTMENT’’; and 
(2) in the text by striking ‘‘vice admiral’’ and 
inserting ‘‘admiral’’. 
(c) VICE ADMIRALS.— 
(1) IN
GENERAL.—Section 50 of title 14, 
United States Code, is amended to read as follows: 
‘‘§ 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 Com-
mandant may prescribe. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(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 Com-
mand. 
‘‘(D) The Commander, Operations Command. 
‘‘(3) The President may appoint, by and with the ad-
vice and consent of the Senate, and reappoint, by and with 
the advice and consent of the Senate, to each of the posi-
tions 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. 
‘‘(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 com-
mercial vessels, with at least 4 years of leadership experi-
ence at a staff or unit carrying out marine safety func-
tions. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(B) The requirements of subparagraph (A) do not 
apply to such Deputy Commandant if the subordinate offi-
cer serving in the grade of rear admiral with responsibil-
ities for marine safety, security, and stewardship possesses 
that experience. 
‘‘(b)(1) The appointment and the grade of vice admi-
ral under this section shall be effective on the date the 
officer assumes that duty and, except as provided in para-
graph (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 des-
ignated 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 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(C) while awaiting retirement, beginning on 
the date the officer is detached from duty and end-
ing on the day before the officer’s retirement, but 
not for more than 60 days. 
‘‘(c)(1) An appointment of an officer under sub-
section (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 des-
ignated under subsection (a), the Commandant shall in-
form the President of the qualifications needed by an offi-
cer serving in that position to carry out effectively the du-
ties and responsibilities of that position.’’. 
(2) APPLICATION
OF
DEPUTY
COMMANDANT 
QUALIFICATION
REQUIREMENT.—The requirement 
under section 50(a)(4)(A) of title 14, United States 
Code, as amended by this subsection, shall apply on 
and after October 1, 2011. 
(d) REPEAL.—Section 50a of title 14, United States 
Code, is repealed. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
(e) CONFORMING AMENDMENT.—Section 51 of that 
title is amended— 
(1) by amending subsections (a), (b), and (c) to 
read as follows: 
‘‘(a) An officer, other than the Commandant, who, 
while serving in the grade of admiral or vice admiral, is 
retired for physical disability 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 admi-
ral, 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.’’; and 
(2) in subsection (d)(2) by striking ‘‘Area Com-
mander, or Chief of Staff’’ and inserting ‘‘or Vice 
Admirals’’. 
(f) CONTINUITY OF GRADE.—Section 52 of title 14, 
United States Code, is amended— 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
(1) in the section heading by inserting ‘‘and 
admirals’’ after ‘‘Vice admirals’’; and 
(2) in the text by inserting ‘‘or admiral’’ after 
‘‘vice admiral’’ the first time that term appears. 
(g) CONTINUATION ON ACTIVE DUTY.—The second 
sentence of section 290(a) of title 14, United States Code, 
is amended to read as follows: ‘‘Officers, other than the 
Commandant, serving for the time being or who have 
served in the grade of vice admiral or admiral are not sub-
ject to consideration for continuation under this sub-
section, and as to all other provisions of this section shall 
be considered as having been continued in the grade of 
rear admiral.’’. 
(h) TREATMENT OF INCUMBENTS; TRANSITION.— 
(1) VICE COMMANDANT.—Notwithstanding any 
other provision of law, the officer who, on the date 
of enactment of this Act, is serving in the Coast 
Guard as Vice Commandant— 
(A) shall continue to serve as Vice Com-
mandant; 
(B) shall have the grade of admiral with 
pay and allowances of that grade; and 
(C) shall not be required to be reappointed 
by reason of the enactment of this Act. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
(2) CHIEF OF STAFF, COMMANDER, ATLANTIC 
AREA, OR COMMANDER, PACIFIC AREA.—Notwith-
standing any other provision of law, an officer who, 
on the date of enactment of this Act, is serving in 
the Coast Guard as Chief of Staff, Commander, At-
lantic Area, or Commander, Pacific Area— 
(A) shall continue to have the grade of vice 
admiral with pay and allowance of that grade 
until such time that the officer is relieved of his 
or her duties and appointed and confirmed to 
another position as a vice admiral or admiral; 
and 
(B) for the purposes of transition, may 
continue, for not more than one year after the 
date of enactment of this Act, to perform the 
duties of the officer’s former position and any 
other such duties that the Commandant pre-
scribes. 
(i) CLERICAL AMENDMENTS.— 
(1) The table of sections at the beginning of 
chapter 3 of title 14, United States Code, is amend-
ed— 
(A) by striking the item relating to section 
47 and inserting the following: 
‘‘47. Vice Commandant; appointment.’’; 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6211
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
(B) by striking the item relating to section 
50 and inserting the following: 
‘‘50. Vice admirals.’’; 
(C) by striking the item relating to section 
50a; and 
(D) by striking the item relating to section 
52 and inserting the following: 
‘‘52. Vice admirals and admirals, continuity of grade.’’. 
(j) TECHNICAL CORRECTION.—Section 47 of title 14, 
United States Code, is further amended in the fifth sen-
tence by striking ‘‘subsection’’ and inserting ‘‘section’’. 
TITLE II—MARINE SAFETY 
ADMINISTRATION 
SEC. 201. MARINE SAFETY. 
(a) ESTABLISH MARINE SAFETY AS A COAST GUARD 
FUNCTION.—Chapter 5 of title 14, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 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 mar-
itime safety as follows: 
‘‘(1) By taking actions necessary and in the 
public interest to protect such life, property, and the 
environment. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(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.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following new item: 
‘‘99. Marine safety.’’. 
SEC. 202. MARINE SAFETY STAFF. 
(a) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing new sections: 
‘‘§ 55. Marine safety workforce 
‘‘(a) DESIGNATION
OF MARINE SAFETY WORK-
FORCE.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Commandant, shall designate those po-
sitions in the Coast Guard that constitute the ma-
rine safety workforce. 
‘‘(2) REQUIRED POSITIONS.—In designating po-
sitions under paragraph (1), the Secretary shall in-
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
clude, at a minimum, the following marine safety-re-
lated positions: 
‘‘(A) Program oversight. 
‘‘(B) Vessel and facility inspection. 
‘‘(C) Casualty investigation. 
‘‘(D) Pollution investigation. 
‘‘(E) Merchant Mariner licensing, docu-
mentation, and registry. 
‘‘(F) Marine safety engineering or other 
technical activities. 
‘‘(3) MARINE
SAFETY
MANAGEMENT
HEAD-
QUARTER ACTIVITIES.—The Secretary shall also des-
ignate under paragraph (1) those marine safety-re-
lated 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 per-
sonnel who wish to pursue careers in marine safety are 
identified in terms of the education, training, experience, 
and assignments necessary for career progression of civil-
ians and members of the Armed Forces to the most senior 
marine safety positions. The Secretary shall make avail-
able published information on such career paths. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(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 re-
quired for a similar position at a classification soci-
ety recognized by the Secretary under section 3316 
of title 46 for the type of vessel, system, or equip-
ment that is inspected; 
‘‘(2) marine casualty investigator shall have 
training, experience, and qualifications in investiga-
tion, marine casualty reconstruction, evidence collec-
tion and preservation, human factors, and docu-
mentation using best investigation practices by Fed-
eral and non-Federal entities; or 
‘‘(3) marine safety engineer shall have knowl-
edge, skill, and practical experience in— 
‘‘(A) the construction and operation of 
commercial vessels; 
‘‘(B) judging the character, strength, sta-
bility, and safety qualities of such vessels and 
their equipment; or 
‘‘(C) the qualifications and training of ves-
sel personnel. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(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 Com-
mandant, under the guidance of a qualified marine inspec-
tor, marine casualty investigator, or marine safety engi-
neer. The Commandant may authorize shorter apprentice-
ship periods for certain qualifications, as appropriate. 
‘‘(e) BALANCED WORKFORCE POLICY.—In the devel-
opment of marine safety workforce policies under this sec-
tion 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 para-
graphs (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 minor-
ity groups are appropriately represented in Government 
service. 
‘‘(f) MANAGEMENT
INFORMATION
SYSTEM.—The 
Secretary, acting through the Commandant, shall estab-
lish a management information system for the marine 
safety workforce that shall provide, at a minimum, the fol-
lowing standardized information on persons serving in ma-
rine safety positions: 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(1) Qualifications, assignment history, and 
tenure in assignments of persons in the marine safe-
ty workforce. 
‘‘(2) Promotion rates for military and civilian 
personnel in the marine safety workforce. 
‘‘(g) ASSESSMENT OF ADEQUACY OF MARINE SAFE-
TY 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 De-
cember 1 of each year on the adequacy of the cur-
rent marine safety workforce to meet that antici-
pated workload. 
‘‘(2) CONTENTS.—The report shall specify the 
number of civilian and military Coast Guard per-
sonnel 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 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
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 com-
monly found in the sector; and 
‘‘(B) qualified marine casualty investi-
gator. 
‘‘(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 exam-
ine vessels, conduct marine casualty investiga-
tions; 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 Cen-
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
ters of Expertise for Marine Safety (in this section re-
ferred 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 ma-
rine safety; and 
‘‘(3) perform any other missions as the Com-
mandant may specify. 
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI-
TUTION 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 Cen-
ter. Those donations may be accepted from any State or 
local government, any foreign government, any foundation 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
or other charitable organization (including any that is or-
ganized 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 de-
partment 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 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 pro-
gram. 
‘‘(3) The Commandant shall prescribe written guid-
ance 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 pol-
icy, establish a program under which an officer, member, 
or employee of the Coast Guard may be assigned to a pri-
vate entity to further the institutional interests of the 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
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 sec-
tions 3702 through 3704 of title 5, as to matters 
concerning— 
‘‘(A) the duration and termination of as-
signments; 
‘‘(B) reimbursements; and 
‘‘(C) status, entitlements, benefits, and ob-
ligations of program participants; and 
‘‘(2) shall require the Commandant, before ap-
proving 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 sub-
mit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
on Commerce, Science, and Transportation of the Senate 
a report that describes— 
‘‘(1) the number of officers, members, and em-
ployees of the Coast Guard assigned to private enti-
ties under this section; and 
‘‘(2) the specific benefit that accrues to the 
Coast Guard for each assignment.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new items: 
‘‘55. Marine safety workforce. 
‘‘56. Centers of Expertise for Marine Safety. 
‘‘57. Marine industry training program.’’. 
SEC. 203. MARINE SAFETY MISSION PRIORITIES AND LONG- 
TERM GOALS. 
(a) IN GENERAL.—Chapter 21 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2116. Marine safety strategy, goals, and perform-
ance assessments 
‘‘(a) LONG-TERM STRATEGY AND GOALS.—In con-
junction 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 fol-
lowing goals: 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(1) Reducing the number and rates of marine 
casualties. 
‘‘(2) Improving the consistency and effective-
ness of vessel and operator enforcement and compli-
ance programs. 
‘‘(3) Identifying and targeting enforcement ef-
forts 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 meas-
urable 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 ex-
aminations on all high-risk vessels. 
‘‘(B) To eliminate the backlog of marine 
safety-related rulemakings. 
‘‘(C) To improve the quality and effective-
ness of marine safety information databases by 
ensuring that all Coast Guard personnel accu-
rately and effectively report all safety, casualty, 
and injury information. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(D) To provide for a sufficient number of 
Coast Guard marine safety personnel, and pro-
vide adequate facilities and equipment to carry 
out the functions referred to in section 93(c). 
‘‘(2) RESOURCE NEEDS.—The strategy and an-
nual 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 BUDG-
ET.—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 fre-
quently than semiannually, the Coast Guard Com-
mandant and the Assistant Commandant for Marine 
Safety shall jointly assess the progress of the Coast 
Guard toward achieving the goals set forth in sub-
section (b). The Commandant and the Assistant 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
Commandant shall jointly convey their assessment to 
the employees of the Assistant Commandant and 
shall identify any deficiencies that should be rem-
edied before the next progress assessment. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall report annually to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives 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 re-
port; 
‘‘(B) on the program’s mission perform-
ance in achieving numerical measurable goals 
established under subsection (b); and 
‘‘(C) recommendations on how to improve 
performance of the program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following 
new item: 
‘‘2116. Marine safety strategy, goals, and performance assessments.’’. 
(c) CERTIFICATES OF INSPECTION.—Section 3309 of 
title 46, United States Code, is amended by adding at the 
end the following: 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(d) A certificate of inspection issued under this sec-
tion 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.’’. 
SEC. 204. POWERS AND DUTIES. 
Section 93 of title 14, United States Code, is amend-
ed by adding at the end the following new subsections: 
‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exer-
cising 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, iden-
tification, manning, and measurement of vessels, in-
cluding plan approval and the application of load 
lines; 
‘‘(2) approval of materials, equipment, appli-
ances, 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; 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
‘‘(6) enforcement of manning requirements, citi-
zenship 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 regula-
tion 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 sec-
tions 191 through 195 of title 50 on the date of en-
actment of this paragraph.’’. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
SEC. 205. APPEALS AND WAIVERS. 
(a) IN GENERAL.—Chapter 5 of title 14, United 
States Code, is further amended by inserting at the end 
the following new section: 
‘‘§ 102. Appeals and waivers 
‘‘Except for the Commandant of the Coast Guard, 
any individual adjudicating an appeal or waiver of a deci-
sion regarding marine safety, including inspection or man-
ning and threats to the environment, shall— 
‘‘(1) be a qualified specialist with the training, 
experience, and qualifications in marine safety to ef-
fectively 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 adjudi-
cating the appeal; and 
‘‘(C) concurs in writing on the decision on 
appeal.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘102. Appeals and waivers.’’. 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6211
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
SEC. 206. COAST GUARD ACADEMY. 
(a) IN GENERAL.—Chapter 9 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 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 under-
standing 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.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘199. Marine safety curriculum.’’. 
SEC. 207. REPORT REGARDING CIVILIAN MARINE INSPEC-
TORS. 
Not later than one year after the date of enactment 
of this Act, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on Coast Guard’s efforts to recruit and 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS
retain civilian marine inspectors and investigators and the 
impact of such recruitment and retention efforts on Coast 
Guard organizational performance. 
Æ 
VerDate Nov 24 2008 
01:34 Jun 03, 2009
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6301
E:\BILLS\H2650.IH
H2650
bajohnson on PROD1PC77 with BILLS