(6) a remediation plan identifying corrective ac-
tions and any resulting issues or risks; and 
(7) a description of how progress in the remedi-
ation plan will be measured and monitored. 
(c) SUBSTANTIAL VARIANCES IN COSTS OR SCHED-
ULE.—If a likely cost overrun is greater than 20 percent 
or a likely delay is greater than 12 months from the costs 
and schedule described in the acquisition program baseline 
for any Level 1 or Level 2 acquisition program or project 
of the Coast Guard, the Commandant shall include in the 
report a written certification, with a supporting expla-
nation, that— 
(1) the capability or asset or capability or asset 
class to be acquired under the program or project is 
essential to the accomplishment of Coast Guard mis-
sions; 
(2) there are no alternatives to such capability 
or asset or capability or asset class which will pro-
vide equal or greater capability in both a more cost- 
effective and timely manner; 
(3) the new acquisition schedule and estimates 
for total acquisition cost are reasonable; and 
(4) the management structure for the acquisi-
tion program is adequate to manage and control per-
formance, cost, and schedule. 
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SEC. 211. REPORT ON FORMER COAST GUARD OFFICIALS 
EMPLOYED BY CONTRACTORS TO THE AGEN-
CY. 
(a) REPORT REQUIRED.—Not later than December 
31, 2009, and annually thereafter, the Comptroller Gen-
eral of the United States shall submit a report to the ap-
propriate congressional committees on the employment 
during the preceding year by Coast Guard contractors of 
individuals who were Coast Guard officials in the previous 
5-year period. The report shall assess the extent to which 
former Coast Guard officials were provided compensation 
by Coast Guard contractors in the preceding calendar 
year. 
(b) OBJECTIVES OF REPORT.—At a minimum, the 
report required by this section shall assess the extent to 
which former Coast Guard officials who receive compensa-
tion from Coast Guard contractors have been assigned by 
those contractors to work on contracts or programs be-
tween the contractor and the Coast Guard, including con-
tracts or programs for which the former official personally 
had oversight responsibility or decision-making authority 
when they served in or worked for the Coast Guard. 
(c) CONFIDENTIALITY REQUIREMENT.—The report 
required by this subsection shall not include the names 
of the former Coast Guard officials who receive compensa-
tion from Coast Guard contractors. 
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(d) ACCESS TO INFORMATION.—A Coast Guard con-
tractor shall provide the Comptroller General access to in-
formation requested by the Comptroller General for the 
purpose of conducting the study required by this section. 
(e) DEFINITIONS.—In this section: 
(1) COAST
GUARD
CONTRACTOR.—The term 
‘‘Coast Guard contractor’’ includes any person that 
received at least $10,000,000 in contractor awards 
from the Coast Guard in the calendar year covered 
by the annual report. 
(2) COAST GUARD OFFICIAL.—The term ‘‘Coast 
Guard official’’ includes former officers of the Coast 
Guard who were compensated at a rate of pay for 
grade O–7 or above during the calendar year prior 
to the date on which they separated from the Coast 
Guard, and former civilian employees of the Coast 
Guard who served at any level of the Senior Execu-
tive Service under subchapter VIII of chapter 53 of 
title 5, United States Code, during the calendar year 
prior to the date on which they separated from the 
Coast Guard. 
SEC. 212. DEPARTMENT OF DEFENSE CONSULTATION. 
(a) IN GENERAL.—The Commandant shall make ar-
rangements as appropriate with the Secretary of Defense 
for support in contracting and management of Coast 
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Guard acquisition programs. The Commandant shall also 
seek opportunities to make use of Department of Defense 
contracts, and contracts of other appropriate agencies, to 
obtain the best possible price for capabilities and assets 
acquired for the Coast Guard. 
(b) INTER-SERVICE TECHNICAL ASSISTANCE.—The 
Commandant may enter into a memorandum of under-
standing or a memorandum of agreement with the Sec-
retary of the Navy to obtain the assistance of the Office 
of the Assistant Secretary of the Navy for Research, De-
velopment, and Acquisition, including the Navy Systems 
Commands, with the oversight of Coast Guard major ac-
quisition programs. Such memorandum of understanding 
or memorandum of agreement shall, at a minimum, pro-
vide for— 
(1) the exchange of technical assistance and 
support that the Coast Guard Chief Acquisition Offi-
cer, Coast Guard Chief Engineer, and the Coast 
Guard Chief Information Officer may identify; 
(2) the use, as appropriate, of Navy technical 
expertise; and 
(3) the temporary assignment or exchange of 
personnel between the Coast Guard and the Office 
of the Assistant Secretary of the Navy for Research, 
Development, and Acquisition, including Naval Sys-
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tems Commands, to facilitate the development of or-
ganic capabilities in the Coast Guard. 
(c) TECHNICAL REQUIREMENT APPROVAL PROCE-
DURES.—The Coast Guard Chief Acquisition Officer shall 
adopt, to the extent practicable, procedures that are simi-
lar to those used by the senior procurement executive of 
the Department of the Navy to approve all technical re-
quirements. 
(d) ASSESSMENT.—Within 180 days after the date 
of enactment of this Act, the Comptroller General shall 
transmit a report to the appropriate congressional com-
mittees that— 
(1) contains an assessment of current Coast 
Guard acquisition and management capabilities to 
manage Level 1 and Level 2 acquisitions; 
(2) includes recommendations as to how the 
Coast Guard can improve its acquisition manage-
ment, either through internal reforms or by seeking 
acquisition expertise from the Department of De-
fense; and 
(3) addresses specifically the question of wheth-
er the Coast Guard can better leverage Department 
of Defense or other agencies’ contracts that would 
meet the needs of Level 1 or Level 2 acquisitions in 
order to obtain the best possible price. 
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TITLE III—COAST GUARD 
PERSONNEL 
SEC. 301. CHIEF ACQUISITION OFFICER. 
(a) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 55. Chief Acquisition Officer 
‘‘(a) ESTABLISHMENT OF CHIEF ACQUISITION OFFI-
CER.—There shall be in the Coast Guard a Chief Acquisi-
tion Officer selected by the Commandant who shall be a 
Rear Admiral or civilian from the Senior Executive Service 
(career reserved) and who meets the qualifications set 
forth under subsection (b). The Chief Acquisition Officer 
shall serve at the Assistant Commandant level and have 
acquisition management as that individual’s primary duty. 
‘‘(b) QUALIFICATIONS.— 
‘‘(1) The Chief Acquisition Officer and any 
Flag Officer serving in the Acquisitions Directorate 
shall be an acquisition professional with a program 
manager level III certification and must have at 
least 10 years experience in an acquisition position, 
of which at least 4 years were spent in one of the 
following qualifying positions: 
‘‘(A) Program executive officer. 
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‘‘(B) Program manager of a Level 1 or 
Level 2 acquisition. 
‘‘(C) Deputy program manager of a Level 
1 or Level 2 acquisition. 
‘‘(D) Project manager for a Level 1 or 
Level 2 acquisition. 
‘‘(E) Any other acquisition position of sig-
nificant responsibility in which the primary du-
ties are supervisory or management duties. 
‘‘(2) The Commandant shall periodically publish 
a list of the positions designated under this sub-
section. 
‘‘(c) AUTHORITY AND FUNCTIONS OF THE CHIEF AC-
QUISITION OFFICER.—The functions of the Chief Acquisi-
tion Officer shall include— 
‘‘(1) monitoring the performance of programs 
and projects on the basis of applicable performance 
measurements 
and 
advising 
the 
Commandant, 
through the chain of command, regarding the appro-
priate business strategy to achieve the missions of 
the Coast Guard; 
‘‘(2) maximizing the use of full and open com-
petition at the prime contract and subcontract levels 
in the acquisition of property, capabilities, assets, 
and services by the Coast Guard by establishing poli-
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cies, procedures, and practices that ensure that the 
Coast Guard receives a sufficient number of sealed 
bids or competitive proposals from responsible 
sources to fulfill the Government’s requirements, in-
cluding performance and delivery schedules, at the 
lowest cost or best value considering the nature of 
the property, capability, asset, or service procured; 
‘‘(3) making acquisition decisions in concur-
rence with the technical authority of the Coast 
Guard, as designated by the Commandant, and con-
sistent with all other applicable laws and decisions 
establishing procedures within the Coast Guard; 
‘‘(4) ensuring the use of detailed performance 
specifications in instances in which performance 
based contracting is used; 
‘‘(5) managing the direction of acquisition pol-
icy for the Coast Guard, including implementation of 
the unique acquisition policies, regulations, and 
standards of the Coast Guard; 
‘‘(6) developing and maintaining an acquisition 
career management program in the Coast Guard to 
ensure that there is an adequate acquisition work-
force; 
‘‘(7) assessing the requirements established for 
Coast Guard personnel regarding knowledge and 
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skill in acquisition resources and management and 
the adequacy of such requirements for facilitating 
the achievement of the performance goals established 
for acquisition management; 
‘‘(8) developing strategies and specific plans for 
hiring, training, and professional development; and 
‘‘(9) reporting to the Commandant, through the 
chain of command, on the progress made in improv-
ing acquisition management capability.’’. 
(b) APPLICATION
OF
QUALIFICATION
REQUIRE-
MENT.—Section 55(b) of title 46, United States Code, as 
amended by this section, shall apply beginning October 1, 
2011. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following: 
‘‘55. Chief Acquisition Officer.’’. 
(d) ELEVATION OF DISPUTES TO THE CHIEF ACQUI-
SITION OFFICER.—Within 45 days after the elevation to 
the Chief Acquisition Officer of any design or other dis-
pute regarding a Level 1 or Level 2 acquisition, the Com-
mandant shall provide to the appropriate congressional 
committees a detailed description of the issue and the ra-
tionale underlying the decision taken by the Chief Acquisi-
tion Officer to resolve the issue. 
(e) SPECIAL RATE SUPPLEMENTS.— 
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(1) REQUIREMENT TO ESTABLISH.—Not later 
than 1 year after the date of enactment of this Act 
and in accordance with part 9701.333 of title 5, 
Code of Federal Regulations, the Commandant shall 
establish special rate supplements that provide high-
er pay levels for employees necessary to carry out 
the amendment made by this section. 
(2) SUBJECT
TO
APPROPRIATIONS.—The re-
quirement under paragraph (1) is subject to the 
availability of appropriations. 
SEC. 302. IMPROVEMENTS IN COAST GUARD ACQUISITION 
MANAGEMENT. 
(a) PROGRAM AND PROJECT MANAGERS.—An indi-
vidual may not be assigned as the program manager for 
a Level 1 or Level 2 acquisition unless the individual holds 
a Level III acquisition certification as a program manager. 
(b) INTEGRATED
PRODUCT
TEAMS.—Integrated 
product teams, and all teams that oversee integrated prod-
uct teams, shall be chaired by officers, members, or em-
ployees of the Coast Guard. 
(c) TECHNICAL
AUTHORITY.—The Commandant 
shall maintain or designate the technical authority to es-
tablish, approve, and maintain technical requirements. 
Any such designation shall be made in writing and may 
not be delegated to the authority of the Chief Acquisition 
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Officer established by section 55 of title 14, United States 
Code. 
(d) DESIGNATION OF POSITIONS IN THE ACQUISI-
TION WORKFORCE.— 
(1) IN GENERAL.—The Commandant shall des-
ignate a sufficient number of positions to be in the 
Coast Guard’s acquisition workforce to perform ac-
quisition-related functions at Coast Guard head-
quarters and field activities. 
(2) REQUIRED POSITIONS.—In designating po-
sitions under subsection (a), the Commandant shall 
include, at a minimum, positions encompassing the 
following competencies and functions: 
(A) Program management. 
(B) Systems planning, research, develop-
ment, engineering, and testing. 
(C) Procurement, including contracting. 
(D) Industrial and contract property man-
agement. 
(E) Life-cycle logistics. 
(F) Quality control and assurance. 
(G) Manufacturing and production. 
(H) Business, cost estimating, financial 
management, and auditing. 
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(I) Acquisition education, training, and ca-
reer development. 
(J) Construction and facilities engineering. 
(K) Testing and evaluation. 
(3) ACQUISITION MANAGEMENT HEADQUARTER 
ACTIVITIES.—The Commandant shall also designate 
as positions in the acquisition workforce under para-
graph (1) those acquisition-related positions located 
at Coast Guard headquarters units. 
(4) APPROPRIATE EXPERTISE REQUIRED.—The 
Commandant shall ensure that each individual as-
signed to a position in the acquisition workforce has 
the appropriate expertise to carry out the respon-
sibilities of that position. 
(e) MANAGEMENT INFORMATION SYSTEM.— 
(1) IN GENERAL.—The Commandant shall es-
tablish a management information system capability 
to improve acquisition workforce management and 
reporting. 
(2) INFORMATION
MAINTAINED.—Information 
maintained with such capability shall include the fol-
lowing standardized information on individuals as-
signed to positions in the workforce: 
(A) Qualifications, assignment history, and 
tenure of those individuals assigned to positions 
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in the acquisition workforce or holding acquisi-
tion-related certifications. 
(B) Promotion rates for officers and mem-
bers of the Coast Guard in the acquisition 
workforce. 
(f) REPORT ON ADEQUACY OF ACQUISITION WORK-
FORCE.— 
(1) IN GENERAL.—The Commandant shall re-
port to the appropriate congressional committees by 
July 1 of each year on the scope of the acquisition 
activities to be performed in the next fiscal year and 
on the adequacy of the current acquisition workforce 
to meet that anticipated workload. 
(2) CONTENTS.—The report shall— 
(A) specify the number of officers, mem-
bers, and employees of the Coast Guard cur-
rently and planned to be assigned to each posi-
tion designated under subsection (d); and 
(B) identify positions that are understaffed 
to meet the anticipated acquisition workload, 
and actions that will be taken to correct such 
understaffing. 
(g) APPOINTMENTS TO ACQUISITION POSITIONS.— 
The Commandant shall ensure that no requirement or 
preference for officers or members of the Coast Guard is 
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used in the consideration of persons for positions in the 
acquisition workforce. 
(h) CAREER PATHS.— 
(1) IDENTIFICATION
OF
CAREER
PATHS.—To 
establish acquisition management as a core com-
petency of the Coast Guard, the Commandant 
shall— 
(A) ensure that career paths for officers, 
members, and employees of the Coast Guard 
who wish to pursue careers in acquisition are 
identified in terms of the education, training, 
experience, and assignments necessary for ca-
reer progression of those officers, members, and 
employees to the most senior positions in the 
acquisition workforce; and 
(B) publish information on such career 
paths. 
(2) PROMOTION
PARITY.—The Commandant 
shall ensure that promotion parity is established for 
officers and members of the Coast Guard who have 
been assigned to the acquisition workforce relative to 
officers and members who have not been assigned to 
the acquisition workforce. 
(i) BALANCED WORKFORCE POLICY.—In the devel-
opment of acquisition workforce policies under this section 
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with respect to any civilian employees or applicants for 
employment, the Commandant shall, consistent with the 
merit system principles set out in paragraphs (1) and (2) 
of section 2301(b) of title 5, United States Code, 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. 
(j) GUIDANCE ON TENURE AND ACCOUNTABILITY OF 
PROGRAM MANAGERS.— 
(1) ISSUANCE OF GUIDANCE.—Not later than 
one year after the date of enactment of this Act, the 
Commandant shall issue guidance to address the 
qualifications, resources, responsibilities, tenure, and 
accountability of program managers for the manage-
ment of acquisition programs and projects. The 
guidance shall address, at a minimum— 
(A) the qualifications that shall be required 
of program managers, including the number of 
years of acquisition experience and the profes-
sional training levels to be required of those ap-
pointed to program management positions; 
(B) authorities available to program man-
agers, including, to the extent appropriate, the 
authority to object to the addition of new pro-
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gram requirements that would be inconsistent 
with the parameters established for an acquisi-
tion program; and 
(C) the extent to which a program man-
ager who initiates a new program or project will 
continue in management of that program or 
project without interruption until the delivery of 
the first production units of the program. 
(2) STRATEGY.— 
(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this Act, 
the Commandant shall develop a comprehensive 
strategy for enhancing the role of Coast Guard 
program managers in developing and carrying 
out acquisition programs. 
(B) MATTERS
TO
BE
ADDRESSED.—The 
strategy required by this section shall address, 
at a minimum— 
(i) the creation of a specific career 
path and career opportunities for individ-
uals who are or may become program man-
agers, including the rotational assignments 
that will be provided to program managers; 
(ii) the provision of enhanced training 
and educational opportunities for individ-
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uals who are or may become program man-
agers; 
(iii) the provision of mentoring sup-
port to current and future program man-
agers by experienced senior executives and 
program 
managers 
within 
the 
Coast 
Guard, and through rotational assignments 
to the Department of Defense; 
(iv) the methods by which the Coast 
Guard will collect and disseminate best 
practices and lessons learned on systems 
acquisition to enhance program manage-
ment throughout the Coast Guard; 
(v) the templates and tools that will 
be used to support improved data gath-
ering and analysis for program manage-
ment and oversight purposes, including the 
metrics that will be utilized to assess the 
effectiveness of Coast Guard program 
managers in managing systems acquisition 
efforts; 
(vi) a description in detail of how the 
Coast Guard will promote a balanced work-
force in which women and members of ra-
cial and ethnic minority groups are appro-
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priately represented in Government service; 
and 
(vii) the methods by which the ac-
countability of program managers for the 
results of acquisition programs will be in-
creased. 
(3) REPORT BY COMPTROLLER GENERAL.—Not 
later than 2 years after the date of enactment of 
this Act, the Comptroller General of the United 
States shall submit to the appropriate congressional 
committees a report on the actions taken by the 
Commandant to implement the requirements of this 
subsection, including the strategies that are required 
to be developed by this subsection. 
SEC. 303. RECOGNITION OF COAST GUARD PERSONNEL 
FOR EXCELLENCE IN ACQUISITION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Commandant shall com-
mence implementation of a program to recognize excellent 
performance by individuals and teams comprised of offi-
cers, members, and employees of the Coast Guard that 
contributed to the long-term success of a Coast Guard ac-
quisition program or project. 
(b) ELEMENTS.—The program required by sub-
section (a) shall include the following: 
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(1) Specific award categories, criteria, and eligi-
bility and manners of recognition. 
(2) Procedures for the nomination by personnel 
of the Coast Guard of individuals and teams com-
prised of officers, members, and employees of the 
Coast Guard for recognition under the program. 
(3) Procedures for the evaluation of nomina-
tions for recognition under the program by one or 
more panels of individuals from the Government, 
academia, and the private sector who have such ex-
pertise and are appointed in such manner as the 
Commandant shall establish for the purposes of this 
program. 
(c) AWARD OF CASH BONUSES.—As part of the pro-
gram required by subsection (a), the Commandant, sub-
ject to the availability of appropriations, may award to any 
individual recognized pursuant to the program a cash 
bonus to the extent that the performance of such indi-
vidual so recognized warrants the award of such bonus. 
SEC. 304. ENHANCED STATUS QUO OFFICER PROMOTION 
SYSTEM. 
Chapter 11 of title 14, United States Code, is amend-
ed— 
(1) in section 253(a)— 
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(A) by inserting ‘‘and’’ after ‘‘considered,’’; 
and 
(B) by striking ‘‘, and the number of offi-
cers the board may recommend for promotion’’; 
(2) in section 258— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ be-
fore the existing text; 
(B) in subsection (a) (as so designated) by 
striking the colon at the end of the material 
preceding paragraph (1) and inserting ‘‘—’’; 
and 
(C) by adding at the end the following: 
‘‘(b) PROVISION OF DIRECTION AND GUIDANCE.— 
‘‘(1) In addition to the information provided 
pursuant to subsection (a), the Commandant may 
furnish the selection board— 
‘‘(A) specific direction relating to the needs 
of the Coast Guard for officers having par-
ticular skills, including direction relating to the 
need for a minimum number of officers with 
particular skills within a specialty; and 
‘‘(B) any other guidance that the Com-
mandant believes may be necessary to enable 
the board to properly perform its functions. 
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‘‘(2) Selections made based on the direction and 
guidance provided under this subsection shall not ex-
ceed the maximum percentage of officers who may 
be selected from below the announced promotion 
zone at any given selection board convened under 
section 251 of this title.’’; 
(3) in section 259(a), by inserting after ‘‘whom 
the board’’ the following: ‘‘, giving due consideration 
to the needs of the Coast Guard for officers with 
particular skills so noted in specific direction fur-
nished to the board by the Commandant under sec-
tion 258 of this title,’’; and 
(4) in section 260(b), by inserting after ‘‘quali-
fied for promotion’’ the following: ‘‘to meet the 
needs of the service (as noted in specific direction 
furnished the board by the Commandant under sec-
tion 258 of this title)’’. 
SEC. 305. COAST GUARD ACQUISITION WORKFORCE EXPE-
DITED HIRING AUTHORITY. 
(a) IN GENERAL.—For purposes of sections 3304, 
5333, and 5753 of title 5, United States Code, the Com-
mandant may— 
(1) designate any category of acquisition posi-
tions within the Coast Guard as shortage category 
positions; and 
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(2) use the authorities in such sections to re-
cruit and appoint highly qualified persons directly to 
positions so designated. 
(b) LIMITATION.—The Commandant may not ap-
point a person to a position of employment under this sub-
section after September 30, 2012. 
Æ 
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