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 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coast Guard Mod-
ernization Act of 2009’’. 
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 
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‘‘(B) shall perform any duties as the Com-
mandant 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 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-
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ence at a staff or unit carrying out marine safety func-
tions. 
‘‘(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 
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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 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. 
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(d) REPEAL.—Section 50a of title 14, United States 
Code, is repealed. 
(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’’. 
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(f) CONTINUITY OF GRADE.—Section 52 of title 14, 
United States Code, is amended— 
(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 
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(C) shall not be required to be reappointed 
by reason of the enactment of this Act. 
(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— 
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(A) by striking the item relating to section 
47 and inserting the following: 
‘‘47. Vice Commandant; appointment.’’; 
(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: 
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