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14 U.S.C. § 950 (COAST GUARD)
§ 950. Designation, powers, and accountability of deputy disbursing officials
(a)
(1) Subject to paragraph (3), a disbursing official of the Coast Guard may designate a deputy disbursing official—
(A) to make payments as the agent of the disbursing official;
(B) to sign checks drawn on disbursing accounts of the Secretary of the Treasury; and
(C) to carry out other duties required under law.
(2) The penalties for misconduct that apply to a disbursing official apply to a deputy disbursing official designated under this subsection.
(3) A disbursing official may make a designation under paragraph (1) only with the approval of the Secretary.
(b)
(1) If a disbursing official of the Coast Guard dies, becomes disabled, or is separated from office, a deputy disbursing official may continue the accounts and payments in the name of the former disbursing official until the last day of the second month after the month in which the death, disability, or separation occurs. The accounts and payments shall be allowed, audited, and settled as provided by law. The Secretary of the Treasury shall honor checks signed in the name of the former disbursing official in the same way as if the former disbursing official had continued in office.
(2) The deputy disbursing official, and not the former disbursing official or the estate of the former disbursing official, is liable for the actions of the deputy disbursing official under this subsection.
(c)
(1) Except as provided in paragraph (2), this section does not apply to the Coast Guard when section 2773 of title 10 applies to the Coast Guard by reason of the operation of the Coast Guard as a service in the Navy.
(2) A designation of a deputy disbursing official under subsection (a) that is made while the Coast Guard is not operating as a service in the Navy continues in effect for purposes of section 2773 of title 10 while the Coast Guard operates as a service in the Navy unless and until the designation is terminated by the disbursing official who made the designation or an official authorized to approve such a designation under subsection (a)(3) of such section.
(Added Pub. L. 104–201, div. A, title X, § 1009(a)(2)(A), Sept. 23, 1996, 110 Stat. 2634, § 673; amended Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, § 217(11), Dec. 20, 2012, 126 Stat. 1558; renumbered § 950, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 673 of this title as this section.
2012—Subsec. (a)(3). Pub. L. 112–213 struck out “of Homeland Security (when the Coast Guard is not operating as a service in the Navy)” after “Secretary”.
2002—Subsec. (a)(3). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
14 U.S.C. § 952 (COAST GUARD)
§ 952. Construction of Coast Guard vessels and assignment of vessel projects
The assignment of Coast Guard vessel conversion, alteration, and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of Coast Guard shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement.
(Added Pub. L. 115–282, title III, § 310(a), Dec. 4, 2018, 132 Stat. 4248.)
14 U.S.C. § 1103 (COAST GUARD)
§ 1103. Role of Vice Commandant in major acquisition programs
The Vice Commandant—
(1) shall represent the customer of a major acquisition program with regard to trade-offs made among cost, schedule, technical feasibility, and performance with respect to such program; and
(2) shall advise the Commandant in decisions regarding the balancing of resources against priorities, and associated trade-offs referred to in paragraph (1), on behalf of the customer of a major acquisition program.
(Added Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(E), Dec. 23, 2016, 130 Stat. 2334, § 578; renumbered § 1103, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 578 of this title as this section.
14 U.S.C. § 1104 (COAST GUARD)
§ 1104. Recognition of Coast Guard personnel for excellence in acquisition
(a) In General.—
The Commandant shall maintain a program to recognize excellent performance by individuals and teams comprised of officers, members, and employees of the Coast Guard that contributed to the long-term success of a Coast Guard acquisition project or program.
(b) Elements.—
The program shall include—
(1) specific award categories, criteria, and eligibility and manners of recognition;
(2) procedures for the nomination by personnel of the Coast Guard of individuals and teams comprised of officers, members, and employees of the Coast Guard for recognition under the program; and
(3) procedures for the evaluation of nominations for recognition under the program by one or more panels of individuals from the Government, academia, and the private sector who have such expertise 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 program required by subsection (a), the Commandant, subject to the availability of appropriations, may award to any civilian employee recognized pursuant to the program a cash bonus to the extent that the performance of such individual so recognized warrants the award of such bonus.
(Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2934, § 563; amended Pub. L. 111–330, § 1(4), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(C), Dec. 23, 2016, 130 Stat. 2333; renumbered § 1104, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 563 of this title as this section.
2016—Subsec. (a). Pub. L. 114–328 substituted “The Commandant shall maintain” for “Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2010, the Commandant shall commence implementation of”.
2010—Pub. L. 111–330 amended Pub. L. 111–281, § 402(a), which enacted this section.
heading: Effective Date of 2010 Amendment
text: Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(4) is effective with the enactment of Pub. L. 111–281.
14 U.S.C. § 1107 (COAST GUARD)
§ 1107. Extension of major acquisition program contracts
(a) In General.—
Notwithstanding section 1105(a)(2) of this title and section 2304 of title 10, and subject to subsections (b) and (c) of this section, the Secretary may acquire additional units procured under a Coast Guard major acquisition program contract, by extension of such contract without competition, if the Director of the Cost Analysis Division of the Department of Homeland Security determines that the costs that would be saved through award of a new contract in accordance with such sections would not exceed the costs of such an award.
(b) Limitation on Number of Additional Units.—
The number of additional units acquired under a contract extension under this section may not exceed the number of additional units for which such determination is made.
(c) Determination of Costs Upon Request.—
The Director of the Cost Analysis Division of the Department of Homeland Security shall, at the request of the Secretary, determine for purposes of this section—
(1) the costs that would be saved through award of a new major acquisition program contract in accordance with section 1105(a)(2) for the acquisition of a number of additional units specified by the Secretary; and
(2) the costs of such award, including the costs that would be incurred due to acquisition schedule delays and asset design changes associated with such award.
(d) Number of Extensions.—
A contract may be extended under this section more than once.
(Added Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(E), Dec. 23, 2016, 130 Stat. 2334, § 579; renumbered § 1107 and amended Pub. L. 115–282, title I, §§ 108(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4208, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 108(b), renumbered section 579 of this title as this section.
Subsecs. (a), (c)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 1105(a)(2)” for “section 564(a)(2)”.
14 U.S.C. § 1108 (COAST GUARD)
§ 1108. Department of Defense consultation
(a) In General.—
The Commandant shall make arrangements as appropriate with the Secretary of Defense for support in contracting and management of Coast 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 assets acquired for the Coast Guard.
(b) Interservice Technical Assistance.—
The Commandant shall seek to maintain a memorandum of understanding or a memorandum of agreement with the Secretary of the Navy to obtain the assistance of the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition, including the Navy Systems Command, with the oversight of Coast Guard major acquisition programs. The memorandum of understanding or memorandum of agreement shall, at a minimum, provide for—
(1) the exchange of technical assistance and support that the Assistant Commandants for Acquisition, Human Resources, Engineering, and Information technology 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 Systems Command, to facilitate the development of organic capabilities in the Coast Guard.
(c) Technical Requirement Approval Procedures.—
The Chief Acquisition Officer shall adopt, to the extent practicable, procedures modeled after those used by the Navy Senior Acquisition Official to approve all technical requirements.
(Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2937, § 566; amended Pub. L. 111–330, § 1(4), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 115–232, div. C, title XXXV, § 3534, Aug. 13, 2018, 132 Stat. 2322; renumbered § 1108, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 566 of this title as this section.
Subsec. (b). Pub. L. 115–232, § 3534(1), substituted “maintain” for “enter into” in introductory provisions.
Subsec. (d). Pub. L. 115–232, § 3534(2), struck out subsec. (d) which related to report on assessment of Coast Guard acquisition and management capabilities.
2010—Subsec. (d). Pub. L. 111–330, which directed the amendment of Pub. L. 111–281, § 402(a), which enacted this section, by substituting “Coast Guard Authorization Act of 2010” for “Coast Guard Authorization Act for Fiscal Years 2010 and 2011” wherever appearing, was executed in subsec. (d) of this section as added by section 402(a) by making the substitution for text which read “Coast Guard Authorization Act for fiscal years 2010 and 2011”, to reflect the probable intent of Congress.
heading: Effective Date of 2010 Amendment
text: Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(4) is effective with the enactment of Pub. L. 111–281.
14 U.S.C. § 1131 (COAST GUARD)
§ 1131. Identification of major system acquisitions
(a) In General.—
(1) Support mechanisms.—
The Commandant shall develop and implement mechanisms to support the establishment of mature and stable operational requirements for all acquisitions.
(2) Mission analysis; affordability assessment.—
The Commandant may not initiate a Level 1 or Level 2 acquisition project or program until the Commandant—
(A) completes a mission analysis that—
(i) identifies the specific capability gaps to be addressed by the project or program; and
(ii) develops a clear mission need to be addressed by the project or program; and
(B) prepares a preliminary affordability assessment for the project or program.
(b) Elements.—
(1) Requirements.—
The mechanisms required by subsection (a) shall ensure the implementation of a formal process for the development of a mission-needs statement, concept-of-operations document, capability development plan, and resource proposal for the initial project or program funding, and shall ensure the project or program is included in the Coast Guard Capital Investment Plan.
(2) Assessment of trade-offs.—
In conducting an affordability assessment under subsection (a)(2)(B), the Commandant shall develop and implement mechanisms to ensure that trade-offs among cost, schedule, and performance are considered in the establishment of preliminary operational requirements for development and production of new assets and capabilities for Level 1 and Level 2 acquisitions projects and programs.
(c) Human Resource Capital Planning.—
The Commandant shall develop staffing predictions, define human capital performance initiatives, and identify preliminary training needs required to implement each Level 1 and Level 2 acquisition project and program.
(Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2941, § 571; renumbered § 1131, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 571 of this title as this section.
14 U.S.C. § 1134 (COAST GUARD)
§ 1134. Acquisition, production, deployment, and support
(a) In General.—
The Commandant shall—
(1) ensure there is a stable and efficient production and support capability to develop an asset or capability for the Coast Guard;
(2) conduct follow-on testing to confirm and monitor performance and correct deficiencies; and
(3) conduct acceptance tests and trials prior to the delivery of each asset or system to ensure the delivered asset or system achieves full operational capability.
(b) Elements.—
The Commandant shall—
(1) execute production contracts;
(2) ensure that delivered assets and capabilities meet operational cost and schedules requirements established in the acquisition program baseline;
(3) validate manpower and training requirements to meet system needs to operate, maintain, support, and instruct the assets or capabilities; and
(4) prepare an acquisition project or program transition plan to enter into programmatic sustainment, operations, and support.
(Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2947, § 574; renumbered § 1134, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 574 of this title as this section.
14 U.S.C. § 1135 (COAST GUARD)
§ 1135. Acquisition program baseline breach
(a) In General.—
The Commandant shall submit a report to the appropriate congressional committees and the Committee on Homeland Security of the House of Representatives as soon as possible, but not later than 30 days, after the Chief Acquisition Officer of the Coast Guard becomes aware of the breach of an acquisition program baseline for any Level 1 or Level 2 acquisition program, by—
(1) a likely cost overrun greater than 15 percent of the acquisition program baseline for that individual capability or asset or a class of capabilities or assets;
(2) a likely delay of more than 180 days in the delivery schedule for any individual capability or asset or class of capabilities or assets; or
(3) an anticipated failure for any individual capability or asset or class of capabilities or assets to satisfy any key performance threshold or parameter under the acquisition program baseline.
(b) Content.—
The report submitted under subsection (a) shall include—
(1) a detailed description of the breach and an explanation of its cause;
(2) the projected impact to performance, cost, and schedule;
(3) an updated acquisition program baseline and the complete history of changes to the original acquisition program baseline;
(4) the updated acquisition schedule and the complete history of changes to the original schedule;
(5) a full life-cycle cost analysis for the capability or asset or class of capabilities or assets;
(6) a remediation plan identifying corrective actions and any resulting issues or risks; and
(7) a description of how progress in the remediation plan will be measured and monitored.
(c) Substantial Variances in Costs or Schedule.—
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 project or program of the Coast Guard, the Commandant shall include in the report a written determination, with a supporting explanation, of whether—
(1) the capability or asset or capability or asset class to be acquired under the project or program is essential to the accomplishment of Coast Guard missions;
(2) there are no alternatives to such capability or asset or capability or asset class that will provide 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 acquisition program is adequate to manage and control performance, cost, and schedule.
(Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2947, § 575; amended Pub. L. 115–232, div. C, title XXXV, § 3533(g), Aug. 13, 2018, 132 Stat. 2321; renumbered § 1135, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 575 of this title as this section.
Subsec. (c). Pub. L. 115–232, in introductory provisions, substituted “determination, with a supporting explanation, of whether” for “certification, with a supporting explanation, that”.
14 U.S.C. § 1136 (COAST GUARD)
§ 1136. Acquisition approval authority
Nothing in this subchapter shall be construed as altering or diminishing in any way the statutory authority and responsibility of the Secretary of the department in which the Coast Guard is operating, or the Secretary’s designee, to—
(1) manage and administer department procurements, including procurements by department components, as required by section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341); or
(2) manage department acquisition activities and act as the Acquisition Decision Authority with regard to the review or approval of a Coast Guard Level 1 or Level 2 acquisition project or program, as required by section 16 1 of the Office of Federal Procurement Policy Act (41 U.S.C. 414) and related implementing regulations and directives.
(Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2948, § 576; renumbered § 1136, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: References in Text
text: Section 16 of the Office of Federal Procurement Policy Act, referred to in par. (2), is section 16 of Pub. L. 93–400, which was classified to section 414 of former Title 41, Public Contracts, and was repealed and reenacted as section 1702 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 576 of this title as this section.
14 U.S.C. § 1137 (COAST GUARD)
§ 1137. Contracting for major acquisitions programs
(a) In General.—
In carrying out authorities provided to the Secretary to design, construct, accept, or otherwise acquire assets and systems under section 501(d), the Secretary, acting through the Commandant or the head of an integrated program office established for a major acquisition program, may enter into contracts for a major acquisition program.
(b) Authorized Methods.—
Contracts entered into under subsection (a)—
(1) may be block buy contracts;
(2) may be incrementally funded;
(3) may include combined purchases, also known as economic order quantity purchases, of—
(A) materials and components; and
(B) long lead time materials; and
(4) as provided in section 2306b of title 10, may be multiyear contracts.
(c) Subject to Appropriations.—
Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of amounts specifically provided in advance for that purpose in subsequent appropriations Acts.
(Added Pub. L. 115–282, title III, § 311(b), Dec. 4, 2018, 132 Stat. 4249.)
heading: Internal Regulations and Policy
text: Pub. L. 115–282, title III, § 311(e), Dec. 4, 2018, 132 Stat. 4249, provided that: “Not later than 180 days after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall establish the internal regulations and policies necessary to exercise the authorities provided under this section [enacting this section, amending section 501 of this title, enacting provisions set out as a note under section 1133 of this title, amending provisions formerly set out as a note under former section 573 of this title, and repealing provisions set out as notes under former sections 87 and 577 of this title], including the amendments made in this section.”
14 U.S.C. § 1151 (COAST GUARD)
§ 1151. Restriction on construction of vessels in foreign shipyards
(a) Except as provided in subsection (b), no Coast Guard vessel, and no major component of the hull or superstructure of a Coast Guard vessel, may be constructed in a foreign shipyard.
(b) The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to do so. The President shall transmit notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date the notice of such determination is received by Congress.
(Added Pub. L. 100–448, § 26(a), Sept. 28, 1988, 102 Stat. 1847, § 665; renumbered § 1151, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 665 of this title as this section.
14 U.S.C. § 1153 (COAST GUARD)
§ 1153. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards
A Coast Guard vessel the home port of which is in the United States or Guam may not be overhauled, repaired, or maintained in a shipyard outside the United States or Guam, other than in the case of voyage repairs.
(Added Pub. L. 104–324, title III, § 311(a), Oct. 19, 1996, 110 Stat. 3920, § 96; amended Pub. L. 111–281, title II, § 218, Oct. 15, 2010, 124 Stat. 2918; renumbered § 1153, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 96 of this title as this section.
2010—Pub. L. 111–281 substituted “in the United States or Guam” for “in a State of the United States” and inserted “or Guam” after “outside the United States”.
14 U.S.C. § 1154 (COAST GUARD)
§ 1154. Procurement of buoy chain
(a) Except as provided in subsection (b), the Coast Guard may not procure buoy chain—
(1) that is not manufactured in the United States; or
(2) substantially all of the components of which are not produced or manufactured in the United States.
(b) The Coast Guard may procure buoy chain that is not manufactured in the United States if the Secretary determines that—
(1) the price of buoy chain manufactured in the United States is unreasonable; or
(2) emergency circumstances exist.
(Added Pub. L. 104–324, title XI, § 1128(a), Oct. 19, 1996, 110 Stat. 3984, § 97; renumbered § 1154, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 97 of this title as this section.