H. R. 3619—46 
‘‘(A) the testing of a capability or asset and the sub-
systems of the capability or asset to determine whether 
they meet all contractual performance requirements, 
including 
technical 
performance 
requirements, 
supportability requirements, and interoperability require-
ments and related specifications; and 
‘‘(B) the evaluation of the results of such testing. 
‘‘(10) OPERATIONAL TEST AND EVALUATION.—The term ‘oper-
ational test and evaluation’ means— 
‘‘(A) the testing of a capability or asset and the sub-
systems of the capability or asset, under conditions similar 
to those in which the capability or asset and subsystems 
will actually be deployed, for the purpose of determining 
the effectiveness and suitability of the capability or asset 
and subsystems for use by typical Coast Guard users to 
conduct those missions for which the capability or asset 
and subsystems are intended to be used; and 
‘‘(B) the evaluation of the results of such testing.’’. 
(b) CONFORMING AMENDMENT.—The part analysis for part I 
of title 14, United States Code, is amended by inserting after 
the item relating to chapter 13 the following: 
‘‘15. Acquisitions .....................................................................................................
561’’. 
SEC. 403. NATIONAL SECURITY CUTTERS. 
(a) NATIONAL SECURITY CUTTERS 1 AND 2.—Not later than 
90 days before the Coast Guard awards any contract or issues 
any delivery order or task order to strengthen the hull of either 
of National Security Cutter 1 or 2 to resolve the structural design 
and performance issues identified in the Department of Homeland 
Security Inspector General’s Report OIG–07–23 dated January 
2007, the Commandant shall submit to the appropriate congres-
sional committees all results of an assessment of the proposed 
hull strengthening design conducted by the Coast Guard, 
including— 
(1) a description in detail of the extent to which the hull 
strengthening measures to be implemented on those cutters 
will enable the cutters to meet contract and performance 
requirements; 
(2) a cost-benefit analysis of the proposed hull strength-
ening measures for National Security Cutters 1 and 2; and 
(3) a description of any operational restrictions that would 
have to be applied to either National Security Cutter 1 or 
2 if the proposed hull strengthening measures were not imple-
mented on either cutter. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section 
the term ‘‘appropriate congressional committees’’ means the 
Committees on Transportation and Infrastructure and Homeland 
Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 
SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 
(a) IN GENERAL.—For purposes of sections 3304, 5333, and 
5753 of title 5, United States Code, the Commandant of the Coast 
Guard may— 
(1) designate any category of acquisition positions within 
the Coast Guard as shortage category positions; and
H. R. 3619—47 
(2) use the authorities in such sections to recruit and 
appoint highly qualified persons directly to positions so des-
ignated. 
(b) LIMITATION.—The Commandant may not appoint a person 
to a position of employment under this paragraph after September 
30, 2012. 
(c) REPORTS.—The Commandant shall include in reports under 
section 562(d) of title 14, United States Code, as added by this 
title, information described in that section regarding positions des-
ignated under this section. 
TITLE V—COAST GUARD 
MODERNIZATION 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Coast Guard Modernization 
Act of 2010’’. 
Subtitle A—Coast Guard Leadership 
SEC. 511. VICE ADMIRALS. 
(a) VICE ADMIRALS.—Section 50 of such title is amended to 
read as follows: 
‘‘§ 50. Vice admirals 
‘‘(a)(1) The President may designate no more than 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 such duties as the Commandant 
may prescribe. 
‘‘(2) The President may appoint, by and with the advice and 
consent of the Senate, and reappoint, by and with the advice and 
consent of the Senate, to any such position an officer of the Coast 
Guard who is serving on active duty above the grade of captain. 
The Commandant shall make recommendations for such appoint-
ments. 
‘‘(3) (A) Except as provided in subparagraph (B), one of the 
vice admirals designated under paragraph (1) must have at least 
10 years experience in vessel inspection, marine casualty investiga-
tions, mariner licensing, or an equivalent technical expertise in 
the design and construction of commercial vessels, with at least 
4 years of leadership experience at a staff or unit carrying out 
marine safety functions and shall serve as the principal advisor 
to the Commandant on these issues. 
‘‘(B) The requirements of subparagraph (A) do not apply to 
such vice admiral if the subordinate officer serving in the grade 
of rear admiral with responsibilities for marine safety, security, 
and stewrdship possesses that experience. 
‘‘(b)(1) The appointment and the grade of vice admiral shall 
be effective on the date the officer assumes that duty and, except 
as provided in paragraph (2) of this subsection or in section 51(d) 
of this title, shall terminate on the date the officer is detached 
from that duty.
H. R. 3619—48 
‘‘(2) An officer who is appointed to a position designated under 
subsection (a) shall continue to hold the grade of vice admiral— 
‘‘(A) while under orders transferring the officer to another 
position designated under subsection (a), beginning on the date 
the officer is detached from that 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 hos-
pitalization and ending on the day the officer is discharged 
from the hospital, but not for more than 180 days; and 
‘‘(C) while awaiting retirement, beginning on the date the 
officer is detached from duty and ending on the day before 
the officer’s retirement, but not for more than 60 days. 
‘‘(c)(1) An appointment of an officer under subsection (a) does 
not vacate the permanent grade held by the officer. 
‘‘(2) An officer serving in a grade above rear admiral who 
holds the permanent grade of rear admiral (lower half) shall be 
considered for promotion to the permanent grade of rear admiral 
as if the officer was serving in the officer’s permanent grade. 
‘‘(d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position or office 
to carry out effectively the duties and responsibilities of that posi-
tion or office.’’. 
(b) REPEAL.—Section 50a of such title is repealed. 
(c) CONFORMING AMENDMENTS.—Section 51 of such title is 
amended— 
(1) by striking subsections (a), (b), and (c) and inserting 
the following: 
‘‘(a) An officer, other than the Commandant, who, while serving 
in the grade of 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 vice admiral, or who, after serving 
at least 21⁄2 years in the grade of vice admiral, is retired while 
serving in a lower grade, may in the discretion of the President, 
be retired with the highest grade in which that officer served. 
‘‘(c) An officer, other than the Commandant, who, after serving 
less than 21⁄2 years in the grade of vice admiral, is retired while 
serving in a lower grade, shall be retired in his permanent grade.’’; 
and 
(2) by striking ‘‘Area Commander, or Chief of Staff’’ in 
subsection (d)(2) and inserting ‘‘or Vice Admiral’’. 
(d) CONTINUITY OF GRADE.—Section 52 of title 14, United States 
Code, is amended by inserting ‘‘or admiral’’ after ‘‘vice admiral’’ 
the first place it appears. 
(e) 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 are 
not subject to consideration for continuation under this subsection, 
and as to all other provisions of this section shall be considered 
as having been continued at the grade of rear admiral.’’. 
(f) CLERICAL AMENDMENTS.— 
(1) The section caption for section 47 of such title is 
amended to read as follows:
H. R. 3619—49 
‘‘§ 47. Vice commandant; appointment’’. 
(2) The section caption for section 52 of title 14, United 
States Code, is amended to read as follows: 
‘‘§ 52. Vice admirals and admiral, continuity of grade’’. 
(3) The table of contents for chapter 3 of such title is 
amended— 
(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 50a; 
(C) by striking the item relating to section 50 and 
inserting the following: 
‘‘50. Vice admirals.’’; and 
(D) by striking the item relating to section 52 and 
inserting the following: 
‘‘52. Vice admirals and admiral, continuity of grade.’’. 
(g) TECHNICAL CORRECTION.—Section 47 of such title is further 
amended by striking ‘‘subsection’’ in the fifth sentence and inserting 
‘‘section’’. 
(h) TREATMENT OF INCUMBENTS; TRANSITION.— 
(1) Notwithstanding any other provision of law, an officer 
who, on the date of enactment of this Act, is serving as Chief 
of Staff, Commander, Atlantic 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 duties and appointed 
and confirmed to another position as a vice admiral or 
admiral; or 
(B) for the purposes of transition, may continue at 
the grade of vice admiral with pay and allowance of that 
grade, for not more than 1 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 
prescribes. 
Subtitle B—Workforce Expertise 
SEC. 521. PREVENTION AND RESPONSE STAFF. 
(a) IN GENERAL.—Chapter 3 of title 14, United States Code, 
is amended by adding at the end the following new sections: 
‘‘§ 57. Prevention and response workforces 
‘‘(a) CAREER PATHS.—The Secretary, acting through the Com-
mandant, shall ensure that appropriate career paths for civilian 
and military Coast Guard personnel who wish to pursue career 
paths in prevention or response positions are identified in terms 
of the education, training, experience, and assignments necessary 
for career progression of civilians and members of the Armed Forces 
to the most senior prevention or response positions, as appropriate. 
The Secretary shall make available published information on such 
career paths.
H. R. 3619—50 
‘‘(b) QUALIFICATIONS FOR CERTAIN ASSIGNMENTS.—An officer, 
member, or civilian employee of the Coast Guard assigned as a— 
‘‘(1) marine inspector shall have the training, experience, 
and qualifications equivalent to that required for a similar 
position at a classification society recognized by the Secretary 
under section 3316 of title 46 for the type of vessel, system, 
or equipment that is inspected; 
‘‘(2) marine casualty investigator shall have the training, 
experience, and qualifications in investigation, marine casualty 
reconstruction, evidence collection and preservation, human fac-
tors, and documentation using best investigation practices by 
Federal and non-Federal entities; or 
‘‘(3) marine safety engineer shall have knowledge, skill, 
and practical experience in— 
‘‘(A) the construction and operation of commercial ves-
sels; 
‘‘(B) judging the character, strength, stability, and 
safety qualities of such vessels and their equipment; or 
‘‘(C) the qualifications and training of vessel personnel. 
‘‘(c) APPRENTICESHIP REQUIREMENT TO QUALIFY FOR CERTAIN 
CAREERS.—The Commandant may require an officer, member, or 
employee of the Coast Guard in training for a specialized prevention 
or response career path to serve an apprenticeship under the guid-
ance of a qualified individual. However, an individual in training 
to become a marine inspector, marine casualty investigator, or 
marine safety engineer shall serve a minimum of one-year as an 
apprentice unless the Commandant authorizes a shorter period 
for certain qualifications. 
‘‘(d) MANAGEMENT
INFORMATION
SYSTEM.—The Secretary, 
acting through the Commandant, shall establish a management 
information system for the prevention and response workforces 
that shall provide, at a minimum, the following standardized 
information on persons serving in those workforces: 
‘‘(1) Qualifications, assignment history, and tenure in 
assignments. 
‘‘(2) Promotion rates for military and civilian personnel. 
‘‘(e) 
ASSESSMENT
OF
ADEQUACY
OF
MARINE
SAFETY 
WORKFORCE.— 
‘‘(1) REPORT.—The Secretary, acting through the Com-
mandant, shall report to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate by December 1 of each year on the adequacy of the 
current marine safety workforce to meet that anticipated work-
load. 
‘‘(2) CONTENTS.—The report shall specify the number of 
civilian and military Coast Guard personnel currently assigned 
to marine safety positions and shall identify positions that 
are understaffed to meet the anticipated marine safety work-
load. 
‘‘(f) SECTOR CHIEF OF PREVENTION.—There shall be in each 
Coast Guard sector a Chief of Prevention who shall be at least 
a Lieutenant Commander or civilian employee within the grade 
GS–13 of the General Schedule, and who shall be a— 
‘‘(1) marine inspector, qualified to inspect vessels, vessel 
systems, and equipment commonly found in the sector; and
H. R. 3619—51 
‘‘(2) qualified marine casualty investigator or marine safety 
engineer. 
‘‘(g) SIGNATORIES OF LETTER OF QUALIFICATION FOR CERTAIN 
PREVENTION PERSONNEL.—Each individual signing a letter of quali-
fication for marine safety personnel must hold a letter of qualifica-
tion for the type being certified. 
‘‘(h) SECTOR CHIEF OF RESPONSE.—There shall be in each Coast 
Guard sector a Chief of Response who shall be at least a Lieutenant 
Commander or civilian employee within the grade GS–13 of the 
General Schedule in each Coast Guard sector. 
‘‘§ 58. Centers of expertise for Coast Guard prevention and 
response 
‘‘(a) ESTABLISHMENT.—The Commandant of the Coast Guard 
may establish and operate one or more centers of expertise for 
prevention and response missions of the Coast Guard (in this section 
referred to as a ‘center’). 
‘‘(b) MISSIONS.—Each center shall— 
‘‘(1) promote and facilitate education, training, and 
research; 
‘‘(2) develop a repository of information on its missions 
and specialties; and 
‘‘(3) perform any other missions as the Commandant may 
specify. 
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHOR-
IZED.—The Commandant may enter into an agreement with an 
appropriate official of an institution of higher education to— 
‘‘(1) provide for joint operation of a center; and 
‘‘(2) provide necessary administrative services for a center, 
including administration and allocation of funds. 
‘‘(d) ACCEPTANCE OF DONATIONS.— 
‘‘(1) Except as provided in paragraph (2), the Commandant 
may accept, on behalf of a center, donations to be used to 
defray the costs of the center or to enhance the operation 
of the center. Those donations may be accepted from any State 
or local government, any foreign government, any foundation 
or other charitable organization (including any that is organized 
or operates under the laws of a foreign country), or any indi-
vidual. 
‘‘(2) The Commandant may not accept a donation under 
paragraph (1) if the acceptance of the donation would com-
promise or appear to compromise— 
‘‘(A) the ability of the Coast Guard or the department 
in which the Coast Guard is operating, any employee of 
the Coast Guard or the department, or any member of 
the Armed Forces to carry out any responsibility or duty 
in a fair and objective manner; or 
‘‘(B) the integrity of any program of the Coast Guard, 
the department in which the Coast Guard is operating, 
or of any person involved in such a program. 
‘‘(3) The Commandant shall prescribe written guidance set-
ting 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).
H. R. 3619—52 
‘‘§ 59. Marine industry training program 
‘‘(a) IN GENERAL.—The Commandant shall, by policy, establish 
a program under which an officer, member, or employee of the 
Coast Guard may be assigned to a private entity to further the 
institutional interests of the Coast Guard with regard to marine 
safety, including for the purpose of providing training to an officer, 
member, or employee. Policies to carry out the program— 
‘‘(1) with regard to an employee of the Coast Guard, shall 
include provisions, consistent with sections 3702 through 3704 
of title 5, as to matters concerning— 
‘‘(A) the duration and termination of assignments; 
‘‘(B) reimbursements; and 
‘‘(C) status, entitlements, benefits, and obligations of 
program participants; and 
‘‘(2) shall require the Commandant, before approving the 
assignment of an officer, member, or employee of the Coast 
Guard to a private entity, to determine that the assignment 
is an effective use of the Coast Guard’s funds, taking into 
account the best interests of the Coast Guard and the costs 
and benefits of alternative methods of achieving the same 
results and objectives. 
‘‘(b) ANNUAL REPORT.—Not later than the date of the submis-
sion 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 Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate a report that describes— 
‘‘(1) the number of officers, members, and employees of 
the Coast Guard assigned to private entities under this section; 
and 
‘‘(2) the specific benefit that accrues to the Coast Guard 
for each assignment.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is further amended by adding at the end 
the following new items: 
‘‘57. Prevention and response workforces. 
‘‘58. Centers of expertise for Coast Guard prevention and response. 
‘‘59. Marine industry training programs.’’. 
SEC. 522. 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: 
‘‘§ 2116. Marine safety strategy, goals, and performance 
assessments 
‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunction with 
existing federally required strategic planning efforts, the Secretary 
shall develop a long-term strategy for improving vessel safety and 
the safety of individuals on vessels. The strategy shall include 
the issuance each year of an annual plan and schedule for achieving 
the following goals: 
‘‘(1) Reducing the number and rates of marine casualties. 
‘‘(2) Improving the consistency and effectiveness of vessel 
and operator enforcement and compliance programs. 
‘‘(3) Identifying and targeting enforcement efforts at high- 
risk vessels and operators.
H. R. 3619—53 
‘‘(4) Improving research efforts to enhance and promote 
vessel and operator safety and performance. 
‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.— 
‘‘(1) MEASURABLE GOALS.—The strategy and annual plans 
shall include specific numeric or measurable goals designed 
to achieve the goals set forth in subsection (a). The purposes 
of the numeric or measurable goals are the following: 
‘‘(A) To increase the number of safety examinations 
on all high-risk vessels. 
‘‘(B) To eliminate the backlog of marine safety-related 
rulemakings. 
‘‘(C) To improve the quality and effectiveness of marine 
safety information databases by ensuring that all Coast 
Guard personnel accurately and effectively report all safety, 
casualty, and injury information. 
‘‘(D) To provide for a sufficient number of Coast Guard 
marine safety personnel, and provide adequate facilities 
and equipment to carry out the functions referred to in 
section 93(c). 
‘‘(2) RESOURCE
NEEDS.—The strategy and annual plans 
shall include estimates of— 
‘‘(A) the funds and staff resources needed to accomplish 
each activity included in the strategy and plans; and 
‘‘(B) the staff skills and training needed for timely 
and effective accomplishment of each goal. 
‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—Beginning 
with fiscal year 2011 and each fiscal year thereafter, the Secretary 
shall submit to Congress the strategy and annual plan not later 
than 60 days following the transmission of the President’s budget 
submission under section 1105 of title 31. 
‘‘(d) ACHIEVEMENT OF GOALS.— 
‘‘(1) PROGRESS ASSESSMENT.—No less frequently than semi-
annually, the Coast Guard Commandant shall assess the 
progress of the Coast Guard toward achieving the goals set 
forth in subsection (b). The Commandant shall convey the Com-
mandant’s assessment to the employees of the marine safety 
workforce and shall identify any deficiencies that should be 
remedied before the next progress assessment. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary shall report 
annually to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate— 
‘‘(A) on the performance of the marine safety program 
in achieving the goals of the marine safety strategy and 
annual plan under subsection (a) for the year covered by 
the report; 
‘‘(B) on the program’s mission performance in achieving 
numerical measurable goals established under subsection 
(b); and 
‘‘(C) recommendations on how to improve performance 
of the program.’’. 
(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:
H. R. 3619—54 
‘‘(d) A certificate of inspection issued under this section shall 
be signed by the senior Coast Guard member or civilian employee 
who inspected the vessel, in addition to the officer in charge of 
marine inspection.’’. 
SEC. 523. POWERS AND DUTIES. 
Section 93 of title 14, United States Code, is amended by 
adding at the end the following new subsections: 
‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exercising the Com-
mandant’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)(3) shall serve as the principal 
advisor to the Commandant regarding— 
‘‘(1) the operation, regulation, inspection, identification, 
manning, and measurement of vessels, including plan approval 
and the application of load lines; 
‘‘(2) approval of materials, equipment, appliances, and asso-
ciated equipment; 
‘‘(3) the reporting and investigation of marine casualties 
and accidents; 
‘‘(4) the licensing, certification, documentation, protection 
and relief of merchant seamen; 
‘‘(5) suspension and revocation of licenses and certificates; 
‘‘(6) enforcement of manning requirements, citizenship 
requirements, control of log books; 
‘‘(7) documentation and numbering of vessels; 
‘‘(8) State boating safety programs; 
‘‘(9) commercial instruments and maritime liens; 
‘‘(10) the administration of bridge safety; 
‘‘(11) administration of the navigation rules; 
‘‘(12) the prevention of pollution from vessels; 
‘‘(13) ports and waterways safety; 
‘‘(14) waterways management; including regulation for 
regattas and marine parades; 
‘‘(15) aids to navigation; and 
‘‘(16) other duties and powers of the Secretary related 
to marine safety and stewardship. 
‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in subsection 
(c) affects— 
‘‘(1) the authority of Coast Guard officers and members 
to enforce marine safety regulations using authority under 
section 89 of this title; or 
‘‘(2) the exercise of authority under section 91 of this title 
and the provisions of law codified at sections 191 through 
195 of title 50 on the date of enactment of this paragraph.’’. 
SEC. 524. 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 decision regarding marine 
safety, including inspection or manning and threats to the environ-
ment, shall— 
‘‘(1) be a qualified specialist with the training, experience, 
and qualifications in marine safety to effectively judge the