[House Report 111-352]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-352

======================================================================



 
                 COAST GUARD MODERNIZATION ACT OF 2009

                                _______
                                

December 3, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2650]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (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, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                       Purpose of the Legislation

    H.R. 2650, the ``Coast Guard Modernization Act of 2009'', 
reorganizes the leadership of the Coast Guard and provides a 
statutory framework for the Coast Guard's marine safety 
program.

                Background and Need for the Legislation

    In 2007, the Coast Guard proposed a modernization of the 
service's leadership structure that would elevate the Vice 
Commandant to a full, four-star Admiral; eliminate the Area 
Commanders located in Portsmouth, Virginia, and Alameda, 
California; and establish four three-star Admiral positions to 
oversee the support, readiness, operations, and command of the 
Coast Guard. H.R. 2650 implements this Coast Guard proposal.
    In recent years, the Coast Guard has not provided the 
resources or attention needed to its marine safety program to 
ensure the safety of the public. The Coast Guard acknowledged 
these short-comings in a report entitled ``Marine Safety 
Analysis: An Independent Assessment and Suggestions for 
Improvement'', and subsequently published the ``Marine Safety 
Performance Plan'' in November 2008 that outlines steps that 
the Coast Guard intends to take to improve the marine safety 
program. Title II of H.R. 2650 codifies the Coast Guard's role 
in marine safety and establishes a firm foundation for a robust 
marine safety program staffed by Coast Guard officers and 
members along with civilians who have the expertise to carry 
out the program and the continuity of service that will enable 
them to ensure the safety of transportation on the water. This 
revitalized marine safety program will focus attention on a 
substantial backlog of important marine safety regulations, 
including regulations for the inspection of and hours of 
service on towing vessels, the establishment of revised weight 
standards for passenger vessels, and for fishing vessel safety 
that have been languishing for over 15 years.

                       Summary of the Legislation


Section 1. Short title

    Section 1 states that the legislation may be referred to as 
the ``Coast Guard Modernization Act of 2009''.

                    TITLE I--COAST GUARD LEADERSHIP

Sec. 101. Admirals and Vice Admirals

    Section 101 implements the Coast Guard's proposed 
reorganization of its leadership positions by eliminating the 
two Area Commands that are established by law, and the Coast 
Guard Chief of Staff position. These three Vice Admirals are 
replaced by a Deputy Commandant for Mission Support; a Deputy 
Commandant for Operations and Policy; a Commander, Force 
Readiness Command; and a Commander, Operations Command. This 
section also promotes the Vice Commandant to a full Admiral.
    In addition, section 101 requires that either the Deputy 
Commandant for Operations and Policy or the Assistant 
Commandant for Marine Safety, Security, and Stewardship have a 
minimum of 10 years of experience in vessel inspection, 
casualty investigation, mariner licensing or equivalent 
technical expertise, and at least four years of experience at a 
leadership level at a marine safety unit.

                 TITLE II--MARINE SAFETY ADMINISTRATION

Sec. 201. Marine safety

    Section 201 establishes marine safety as a core mission of 
the Coast Guard.

Sec. 202. Marine safety staff

    Section 202 defines Coast Guard marine safety positions; 
establishes minimum qualifications for all marine safety 
personnel requiring that individuals assigned to marine safety 
positions, including Safety Inspectors, Casualty Investigators, 
and the Chief of Marine Safety, be technically qualified for 
those positions; authorizes the establishment of Centers of 
Expertise for Maritime Safety to provide and facilitate 
education, training, and research in marine safety and 
inspection and marine casualty investigation; and establishes a 
marine industry training program for Coast Guard marine safety 
personnel.

Sec. 203. Marine safety mission priorities and long-term goals

    Section 203 requires the Coast Guard to establish marine 
safety mission priorities, strategies to improve vessel safety 
and the safety of individuals on vessels, and measurable goals 
including resource needs for this program. This section also 
requires the Secretary to submit to Congress an annual marine 
safety strategy and plan, and a semi-annual report to Congress 
on the progress on meeting marine safety goals set forth in the 
plan.

Sec. 204. Powers and duties

    Section 204 establishes the specific marine safety 
responsibility for which the Deputy Commandant for Operations 
and Policy, or his principal, acts as principal advisor to the 
Commandant on marine safety. This section does not affect the 
authority of Coast Guard officers and members under 14 U.S.C. 
Sec. 89, or under other enforcement authority.

Sec. 205. Appeals and waivers

    Section 205 requires that appeals and waivers of marine 
safety laws and regulations be handled by qualified marine 
inspectors. Currently, appeals of marine safety regulations and 
rules are handled up the chain of command in the Coast Guard, 
which may mean that an appeal is decided by a ship driver or 
helicopter pilot who has no professional qualifications in 
marine safety. This provision would require that such issues be 
handled by individuals who are qualified to assess the 
circumstances and safety implications of each such appeal.

Sec. 206. Coast Guard Academy

    Section 206 requires the establishment of a professional 
course of study in marine safety at the Coast Guard Academy, 
and as part of other officer accession programs, to ensure that 
Coast Guard cadets and other officer candidates have a 
background and understanding of the marine safety program, 
including program history, vessel design and construction, 
vessel inspection, casualty investigation, and administrative 
law and regulation.

Sec. 207. Report regarding civilian marine inspectors

    Section 207 requires the Commandant to report on efforts to 
recruit and retain civilian marine inspectors and investigators 
and the impact of such recruitment on Coast Guard performance.

            Legislative History and Committee Consideration

    In the 110th Congress, the Subcommittee on Coast Guard and 
Maritime Transportation held a hearing on March 8, 2007, on 
``The Coast Guard Budget and Authorization for Fiscal Year 
2008''. On February 26, 2008, the Subcommittee held a hearing 
on ``FY 2009 Budget: Coast Guard, Federal Maritime Commission 
and Maritime Administration''.
    At the March 8, 2007 hearing, the Commandant outlined the 
Coast Guard's proposal to reorganize its leadership by 
eliminating the two Area Commands, which are established by 
law, and the Coast Guard Chief of Staff. These three Vice 
Admirals would be replaced by a Deputy Commandant for Mission 
Support; a Deputy Commandant for Operations and Policy; a 
Commander, Force Readiness Command; and a Commander, Operations 
Command. The proposal also promoted the Vice Commandant to a 
full Admiral.
    On August 2, 2007, the Subcommittee held a hearing on the 
``Challenges Facing the Coast Guard's Marine Safety Program'' 
at which it heard from a number of industry witnesses about the 
deteriorating state of the Coast Guard's marine safety program, 
particularly about the lack of continuity and expertise of 
Coast Guard personnel who are responsible for public safety.
    On June 22, 2007, Chairman James L. Oberstar introduced 
H.R. 2830, the ``Coast Guard Authorization Act of 2008''. On 
June 26, 2007, the Subcommittee met to consider H.R. 2830, and 
favorably recommended it, as amended, to the Committee on 
Transportation and Infrastructure by voice vote with a quorum 
present. On June 28, 2007, the Committee met in open session 
and ordered H.R. 2830, as amended, reported favorably to the 
House by voice vote with a quorum present. On September 20, 
2007, the Committee reported the bill, as amended, to the 
House. H. Rept. 110-338, Part I.
    On October 1, 2007, the Committee on Homeland Security 
ordered the bill, as amended, reported favorably to the House. 
H. Rept. 110-338, Part II. On October 30, 2007, the Committee 
on the Judiciary ordered the bill, as amended, reported 
favorably to the House. H. Rept. 110-338, Part III. On April 
23, 2008, the Committee on the Judiciary filed a supplemental 
report. H. Rept. 110-338, Part IV.
    On April 24, 2008, the House passed H.R. 2830 by a vote of 
395-7. The Senate did not complete action on the legislation.
    In the 111th Congress, on May 13, 2009, the Subcommittee on 
Coast Guard and Maritime Transportation conducted an oversight 
hearing on the Coast Guard budget request for fiscal year 2010.
    On June 2, 2009, Chairman James L. Oberstar introduced H.R. 
2650, the ``Coast Guard Modernization Act of 2009''.
    On May 21, 2009, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 2650. The 
Committee ordered H.R. 2650 reported favorably to the House by 
voice vote with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with consideration 
of H.R. 2650 or ordering the bill reported. A motion to order 
H.R. 2650 reported favorably to the House was agreed to by 
voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
reorganize the leadership positions of the Coast Guard, and to 
establish marine safety as a core mission of the Coast Guard.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 2650 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2650, the Coast 
Guard Modernization Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 2650--Coast Guard Modernization Act of 2009

    H.R. 2650 would amend federal statutes that govern the 
operations of the U.S. Coast Guard. CBO estimates that 
implementing the legislation would increase discretionary 
spending by less than $500,000 annually beginning in fiscal 
year 2010. Enacting H.R. 2650 could affect direct spending by 
allowing the Coast Guard to accept and spend donations from 
nonfederal entities, but CBO estimates that any net impact 
would be minimal.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    H.R. 2650 would reorganize leadership positions in the 
Coast Guard, establish marine safety as an agency mission, and 
require the agency to produce various one-time or annual 
reports on marine safety topics. In addition, the bill would 
authorize the Coast Guard to assign officers or other employees 
to private entities to carry out safety training. Based on 
information provided by the Coast Guard, CBO estimates that 
implementing H.R. 2650 would have little effect on the federal 
budget because the agency already carries out similar or 
identical programs. Producing newly required studies and annual 
reports would add less than $500,000 a year to the agency's 
cost, assuming the availability of appropriated funds.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 2053 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), and 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the ``Unfunded Mandates 
Reform Act'' (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2650 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).


         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *



PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *


                CHAPTER 3--COMPOSITION AND ORGANIZATION

Sec.
41.  Grades and ratings.
     * * * * * * *
[47.  Vice Commandant; assignment.]
47.  Vice Commandant; appointment.
     * * * * * * *
[50.  Area Commanders.
[50a.   Chief of Staff.]
50.  Vice admirals.
     * * * * * * *
[52.  Vice admirals, continuity of grade.]
52.  Vice admirals and admirals, continuity of grade.
     * * * * * * *
55.  Marine safety workforce.
56.  Centers of Expertise for Marine Safety.
57.  Marine industry training program.

Sec. 41. Grades and ratings

  In the Coast Guard there shall be [an admiral,] admirals; 
vice admirals; rear admirals; rear admirals (lower half); 
captains; commanders; lieutenant commanders; lieutenants; 
lieutenants (junior grade); ensigns; chief warrant officers; 
cadets; warrant officers; and enlisted members. Enlisted 
members shall be distributed in ratings established by the 
Secretary.

           *       *       *       *       *       *       *


Sec. 47. Vice Commandant; [Assignment] Appointment

  The President may appoint, by and with the advice and consent 
of the Senate, one Vice Commandant who shall rank next after 
the Commandant, shall perform such duties as the Commandant may 
prescribe and shall act as Commandant during the absence or 
disability of the Commandant or in the event that there is a 
vacancy in the office of Commandant. The Vice Commandant shall 
be selected from the officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendation for such appointment. The Vice Commandant shall, 
while so serving, have the grade of [vice admiral] admiral with 
pay and allowances of that grade. The appointment and grade of 
a Vice Commandant shall be effective on the date the officer 
assumes that duty, and shall terminate on the date the officer 
is detached from that duty, except as provided in [subsection] 
section 51(d) of this title.

[Sec. 50. Area commanders

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Commander, Atlantic Area, and a 
Commander, Pacific Area, each of whom shall be an intermediate 
commander between the Commandant and the district commanders in 
his respective area and shall perform such duties as the 
Commandant may prescribe. The area commanders shall be 
appointed from officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendations for such appointments.
  [(b) An area commander shall, while so serving, have the 
grade of vice admiral with pay and allowances of that grade. 
The appointment and grade of an area commander shall be 
effective on the date the officer assumes that duty, and shall 
terminate on the date the officer is detached from that duty, 
except as provided in subsection 51(d) of this title.

[Sec. 50a. Chief of Staff

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Chief of Staff of the Coast Guard who 
shall rank next after the area commanders and who shall perform 
duties as prescribed by the Commandant. The Chief of Staff 
shall be appointed from the officers on the active duty 
promotion list serving above the grade of captain. The 
Commandant shall make recommendations for the appointment.
  [(b) The Chief of Staff shall have the grade of vice admiral 
with the pay and allowances of that grade. The appointment and 
grade of the Chief of Staff shall be effective on the date the 
officer assumes that duty, and shall terminate on the date the 
officer is detached from that duty, except as provided in 
section 51(d) of this title.]

Sec. 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 Commandant 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 Command.
          (D) The Commander, Operations Command.
  (3) 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 each of the positions 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 commercial vessels, 
with at least 4 years of leadership experience 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 officer serving in the 
grade of rear admiral with responsibilities 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 (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 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 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 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 to carry out effectively the duties and 
responsibilities of that position.

Sec. 51. Retirement

  [(a) An officer who, while serving in the grade of vice 
admiral, is retired for physical disability shall be placed on 
the retired list with the grade of vice admiral.
  [(b) An officer who is retired while serving in the grade of 
vice admiral, or who, after serving at least two and one-half 
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 grade of vice admiral.
  [(c) An officer who, after serving less than two and one-half 
years in the grade of vice admiral, is retired while serving in 
a lower grade, shall be retired in his permanent grade.]
  (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 admiral, 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.
  (d) An officer serving in the grade of admiral or vice 
admiral shall continue to hold that grade--
          (1) * * *
          (2) while awaiting retirement, beginning on the day 
        that officer is relieved from the position of 
        Commandant, Vice Commandant, [Area Commander, or Chief 
        of Staff] or Vice Admirals and ending on the day before 
        the officer's retirement, but not for more than 60 
        days.

Sec. 52. Vice admirals and admirals, continuity of grade

  The continuity of an officer's precedence on the active duty 
promotion list, date of rank, grade, pay, and allowances as a 
vice admiral or admiral shall not be interrupted by the 
termination of an appointment for the purpose of reappointment 
to another position as a vice admiral or admiral.

           *       *       *       *       *       *       *


Sec. 55. Marine safety workforce

  (a) Designation of Marine Safety Workforce.--
          (1) In general.--The Secretary, acting through the 
        Commandant, shall designate those positions in the 
        Coast Guard that constitute the marine safety 
        workforce.
          (2) Required positions.--In designating positions 
        under paragraph (1), the Secretary shall include, at a 
        minimum, the following marine safety-related positions:
                  (A) Program oversight.
                  (B) Vessel and facility inspection.
                  (C) Casualty investigation.
                  (D) Pollution investigation.
                  (E) Merchant Mariner licensing, 
                documentation, and registry.
                  (F) Marine safety engineering or other 
                technical activities.
          (3) Marine safety management headquarter 
        activities.--The Secretary shall also designate under 
        paragraph (1) those marine safety-related 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 assignments necessary for 
career progression of civilians and members of the Armed Forces 
to the most senior marine safety positions. The Secretary shall 
make available published 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 
        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 training, 
        experience, and qualifications in investigation, marine 
        casualty reconstruction, evidence collection and 
        preservation, human factors, 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 vessels;
                  (B) judging the character, strength, 
                stability, and safety qualities of such vessels 
                and their equipment; or
                  (C) the qualifications and training of vessel 
                personnel.
  (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 Commandant, under the guidance 
of a qualified marine inspector, marine casualty investigator, 
or marine safety engineer. The Commandant may authorize shorter 
apprenticeship periods for certain qualifications, as 
appropriate.
  (e) Balanced Workforce Policy.--In the development of marine 
safety workforce policies under this section 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 paragraphs (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 minority groups are appropriately represented 
in Government service.
  (f) Management Information System.--The Secretary, 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 tenure 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 December 1 of each 
        year on the adequacy of the current marine safety 
        workforce to meet that anticipated workload.
          (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 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 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 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 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.

Sec. 56. 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 marine 
        safety; and
          (3) perform any other missions as the Commandant may 
        specify.
  (c) Joint Operation With Educational Institution 
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 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 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 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 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).

Sec. 57. 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 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 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.

           *       *       *       *       *       *       *


                    CHAPTER 5--FUNCTIONS AND POWERS

Sec.
81.  Aids to navigation authorized.
     * * * * * * *
99.  Marine safety.
102.  Appeals and waivers.

           *       *       *       *       *       *       *


Sec. 93. Commandant; general powers

  (a) * * *

           *       *       *       *       *       *       *

  (c) Marine Safety Responsibilities.--In exercising 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, 
        identification, manning, and measurement of vessels, 
        including plan approval and the application of load 
        lines;
          (2) approval of materials, equipment, appliances, 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;
          (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. 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 maritime safety as 
follows:
          (1) By taking actions necessary and in the public 
        interest to protect such life, property, and the 
        environment.
          (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.

Sec. 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 
environment, shall--
          (1) be a qualified specialist with the training, 
        experience, and qualifications in marine safety to 
        effectively 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 
                adjudicating the appeal; and
                  (C) concurs in writing on the decision on 
                appeal.

           *       *       *       *       *       *       *


                     CHAPTER 9--COAST GUARD ACADEMY

Sec.
181.  Administration of Academy.
     * * * * * * *
199.  Marine safety curriculum.
     * * * * * * *

Sec. 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 understanding 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.

           *       *       *       *       *       *       *


CHAPTER 11--PERSONNEL

           *       *       *       *       *       *       *


D. Discharges; Retirements; Revocation of Commissions

           *       *       *       *       *       *       *


Sec. 290. Rear admirals and rear admirals (lower half); continuation on 
                    active duty; involuntary retirement

  (a) The Secretary shall from time to time convene boards to 
recommend for continuation on active duty the most senior 
officers on the active duty promotion list serving in the grade 
of rear admiral (lower half) or rear admiral who have not 
previously been considered for continuation in that grade. 
[Officers 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 in the grade of rear admiral.] Officers, other than 
the Commandant, serving for the time being or who have served 
in the grade of vice admiral or 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 in the grade of rear admiral. A board 
shall consist of at least five officers serving in the grade of 
vice admiral or as rear admirals previously continued. Boards 
shall be convened frequently enough to assure that each officer 
serving in the grade of rear admiral (lower half) or rear 
admiral is subject to consideration for continuation during a 
promotion year in which that officer completes not less than 
four or more than five years combined service in the grades of 
rear admiral (lower half) and rear admiral.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 46, UNITED STATES CODE



           *       *       *       *       *       *       *
Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *


                       Part A--General Provisions

                          CHAPTER 21--GENERAL

Sec.
2101.  General definitions.
     * * * * * * *
2116.  Marine safety strategy, goals, and performance assessments.
     * * * * * * *

Sec. 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.
          (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 
        semiannually, the Coast Guard Commandant and the 
        Assistant Commandant for Marine Safety shall jointly 
        assess the progress of the Coast Guard toward achieving 
        the goals set forth in subsection (b). The Commandant 
        and the Assistant Commandant shall jointly convey their 
        assessment to the employees of the Assistant Commandant 
        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 
        Infrastructure 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.

           *       *       *       *       *       *       *


Part B--Inspection and Regulations of Vessels

           *       *       *       *       *       *       *


CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *


Sec. 3309. Certificate of inspection

  (a) * * *

           *       *       *       *       *       *       *

  (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.

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