138 
‘‘(4) GRANT AWARDS.—Grants shall be awarded 
under this subsection on a competitive basis under 
guidelines and requirements to be established by the 
Secretary. 
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for each of fiscal years 
2010 through 2015— 
‘‘(1) $10,000,000 for making grants under this 
section; and 
‘‘(2) $1,000,000 for administrative expenses of 
the Secretary in carrying out this section.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘51705. Maritime career training loan program. 
‘‘51706. Maritime recruitment, training, and retention grant program.’’. 
TITLE VII—COAST GUARD 
MODERNIZATION 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Coast Guard Mod-
ernization Act of 2009’’. 
Subtitle A—Coast Guard 
Leadership 
SEC. 711. ADMIRALS AND VICE ADMIRALS. 
(a) ADMIRALS.—Section 41 of title 14, United States 
Code, is amended by striking ‘‘an admiral,’’ and inserting 
‘‘admirals;’’. 
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(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 im-
portance 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. 
‘‘(2) The 4 vice admiral positions authorized under 
paragraph (1) are, respectively, the following: 
‘‘(A) The Deputy Commandant for Mission Sup-
port. 
‘‘(B) The Deputy Commandant for Operations 
and Policy. 
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‘‘(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 positions 
designated under paragraph (1) an officer of the Coast 
Guard who is serving on active duty above the grade of cap-
tain. 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 functions. 
‘‘(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 admiral 
under this section shall be effective on the date the officer 
assumes that duty and, except as provided in paragraph 
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(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 
‘‘(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 
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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 inform 
the President of the qualifications needed by an officer serv-
ing in that position to carry out effectively the duties 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. 
(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 
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in the grade of admiral or vice admiral, is retired while 
serving in a lower grade, may in the discretion of the Presi-
dent, 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 Ad-
mirals’’. 
(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 sen-
tence of section 290(a) of title 14, United States Code, is 
amended to read as follows: ‘‘Officers, other than the Com-
mandant, serving for the time being or who have served in 
the grade of vice admiral or admiral are not subject to con-
sideration 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.’’. 
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SEC. 722. MARINE SAFETY STAFF. 
(a) IN GENERAL.—Chapter 3 of title 14, United States 
Code, is further amended by adding at the end the following 
new sections: 
‘‘§ 57. Marine safety workforce 
‘‘(a) DESIGNATION
OF
MARINE
SAFETY
WORK-
FORCE.— 
‘‘(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commandant, shall designate those posi-
tions in the Coast Guard that constitute the marine 
safety workforce. 
‘‘(2) REQUIRED POSITIONS.—In designating po-
sitions under paragraph (1), the Secretary shall in-
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-
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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 personnel who 
wish to pursue careers in marine safety are identified in 
terms of the education, training, experience, and assign-
ments necessary for career progression of civilians and 
members of the Armed Forces to the most senior marine 
safety positions. The Secretary shall make available pub-
lished 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 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 equipment 
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-
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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 com-
mercial 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. 
‘‘(d) APPRENTICESHIP REQUIREMENT.—Any officer, 
member, or employee of the Coast Guard in training to be-
come 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 develop-
ment of marine safety workforce policies under this section 
with respect to any civilian employees or applicants for em-
ployment with the Coast Guard, the Secretary shall, con-
sistent with the merit system principles set out in para-
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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 Sec-
retary, 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 ten-
ure 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 Decem-
ber 1 of each year on the adequacy of the current ma-
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rine safety workforce to meet that anticipated work-
load. 
‘‘(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 em-
ployee within the grade GS–13 of the General Sched-
ule, 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 com-
mand of that sector, is the principal advisor to 
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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. 
‘‘§ 58. 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 ma-
rine safety; and 
‘‘(3) perform any other missions as the Com-
mandant may specify. 
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITU-
TION 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 
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‘‘(2) provide necessary administrative services 
for a Center, including administration and allocation 
of funds. 
‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as pro-
vided 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 orga-
nized 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 re-
sponsibility 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. 
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‘‘(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). 
‘‘§ 59. Marine industry training program 
‘‘(a) IN GENERAL.—The Commandant shall, by policy, 
establish a program under which an officer, member, or em-
ployee 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 pur-
pose of providing training to an officer, member, or em-
ployee. 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 con-
cerning— 
‘‘(A) the duration and termination of as-
signments; 
‘‘(B) reimbursements; and 
‘‘(C) status, entitlements, benefits, and obli-
gations of program participants; and 
‘‘(2) shall require the Commandant, before ap-
proving the assignment of an officer, member, or em-
ployee of the Coast Guard to a private entity, to de-
termine that the assignment is an effective use of the 
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Coast Guard’s funds, taking into account the best in-
terests 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 de-
scribes— 
‘‘(1) the number of officers, members, and em-
ployees 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.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is further amended by adding 
at the end the following new items: 
‘‘57. Marine safety workforce. 
‘‘58. Centers of Expertise for Marine Safety. 
‘‘59. Marine industry training program.’’. 
SEC. 723. 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 following 
new section: 
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‘‘§ 2116. Marine safety strategy, goals, and perform-
ance assessments 
‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunc-
tion with existing federally required strategic planning ef-
forts, the Secretary shall develop a long-term strategy for 
improving vessel safety and the safety of individuals on ves-
sels. 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 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 meas-
urable goals are the following: 
‘‘(A) To increase the number of safety ex-
aminations on all high-risk vessels. 
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