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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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 574 of this title as this section.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 97 of this title as this section.
14 U.S.C. § 1155 (COAST GUARD)
§ 1155. Contract termination
(a) In General.—
(1) Notification.—
Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of—
(A) not less than 1 year after the date of the notification; or
(B) the date the Commandant notifies the vendor that maintenance of such work product is no longer required.
(b) Work Product Defined.—
In this section the term “work product”—
(1) means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and
(2) includes—
(A) any completed end items;
(B) any uncompleted end items; and
(C) any property in the contractor’s possession in which the United States Government has an interest.
(c) Penalty.—
A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable.
(d) Report.—
(1) In general.—
Except as provided in paragraph (2), not later than 45 days after the end of each fiscal year the Commandant of the Coast Guard shall provide 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 detailing—
(A) all Coast Guard contracts with a total value of more than $1,000,000 that were terminated in the fiscal year;
(B) all vendors who were notified under subsection (a)(1) in the fiscal year, and the date of such notification;
(C) all criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were initiated by the Coast Guard in the fiscal year;
(D) all criminal, administrative, and other investigations regarding contracts with a total value of more than $1,000,000 that were completed by the Coast Guard in the fiscal year; and
(E) an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section.
(2) Limitation.—
The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1).
(Added Pub. L. 115–232, div. C, title XXXV, § 3523(a), Aug. 13, 2018, 132 Stat. 2315, § 657; renumbered § 1155, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 657 of this title as this section.
14 U.S.C. § 1156 (COAST GUARD)
§ 1156. Limitation on unmanned aircraft systems
(a) In General.—
During any fiscal year for which funds are appropriated for the design or construction of an Offshore Patrol Cutter, the Commandant—
(1) may not award a contract for design of an unmanned aircraft system for use by the Coast Guard; and
(2) may lease, acquire, or acquire the services of an unmanned aircraft system only if such system—
(A) has been part of a program of record of, procured by, or used by a Federal entity (or funds for research, development, test, and evaluation have been received from a Federal entity with regard to such system) before the date on which the Commandant leases, acquires, or acquires the services of the system; and
(B) is leased, acquired, or utilized by the Commandant through an agreement with a Federal entity, unless such an agreement is not practicable or would be less cost-effective than an independent contract action by the Coast Guard.
(b) Small Unmanned Aircraft Exemption.—
Subsection (a)(2) does not apply to small unmanned aircraft.
(c) Definitions.—
In this section, the terms “small unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).1
(Added Pub. L. 115–282, title III, § 304(b), Dec. 4, 2018, 132 Stat. 4244.)
heading: Editorial Notes
heading: References in Text
text: Section 331 of the FAA Modernization and Reform Act of 2012, referred to in subsec. (c), is section 331 of Pub. L. 112–95, title III, Feb. 14, 2012, 126 Stat. 72, which is set out in a note under section 44802 of Title 49, Transportation.
14 U.S.C. § 1901 (COAST GUARD)
§ 1901. Administration of Academy
The immediate government and military command of the Coast Guard Academy shall be in the Superintendent of the Academy, subject to the direction of the Commandant under the general supervision of the Secretary. The Commandant may select a superintendent from the active list of the Coast Guard who shall serve in the pleasure of the Commandant.
(Aug. 4, 1949, ch. 393, 63 Stat. 508, § 181; renumbered § 1901, Pub. L. 115–282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
heading: Historical and Revision Notes
text: This section does not change the present method of administration of the Academy. It makes statutory what has been administrative regulation heretofore, and it is believed highly desirable to make the control of an institution of such national interest as the Academy the subject of a statute.
This section is new. There is no provision in existing law which establishes the Academy and sets it up as an operating unit. Nor is there any provision which creates the office of Superintendent of the Academy, or prescribes his duties and functions. Heretofore this has been accomplished by regulations, and the laws which deal with the Academy assume its existence as a going institution and assume the existence of the Superintendent with certain defined functions and duties. This section continues the Academy as previously established, provides for the appointment of the Superintendent by the Commandant, and defines in general terms his functions. The Academy would thus be placed on a definite statutory basis, and the office of Superintendent would be a statutory position, but the present administration of the Academy would in no way be interfered with. 81st Congress, House Report No. 557.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 181 of this title as this section.
14 U.S.C. § 1904 (COAST GUARD)
§ 1904. Participation in Federal, State, or other educational research grants
(a) In General.—
Notwithstanding any other provision of law, the United States Coast Guard Academy may compete for and accept Federal, State, or other educational research grants, subject to the following limitations:
(1) No award may be accepted for the acquisition or construction of facilities.
(2) No award may be accepted for the routine functions of the Academy.
(b) Qualified Organizations.—
(1) In general.—
The Commandant may—
(A) enter into a contract, cooperative agreement, lease, or licensing agreement with a qualified organization;
(B) allow a qualified organization to use, at no cost, personal property of the Coast Guard; and
(C) notwithstanding section 504, accept funds, supplies, and services from a qualified organization.
(2) Sole-source basis.—
Notwithstanding chapter 65 of title 31 and chapter 137 of title 10, the Commandant may enter into a contract or cooperative agreement under paragraph (1)(A) on a sole-source basis.
(3) Maintaining fairness, objectivity, and integrity.—
The Commandant shall ensure that contributions under this subsection do not—
(A) reflect unfavorably on the ability of the Coast Guard, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program.
(4) Limitation.—
For purposes of this subsection, employees or personnel of a qualified organization shall not be employees of the United States.
(5) Qualified organization defined.—
In this subsection the term “qualified organization” means an organization—
(A) described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and
(B) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting academic research and applying for and administering Federal, State, or other educational research grants on behalf of the Coast Guard Academy.
(Added Pub. L. 103–206, title III, § 305(a), Dec. 20, 1993, 107 Stat. 2424, § 196; amended Pub. L. 114–120, title II, § 218, Feb. 8, 2016, 130 Stat. 47; Pub. L. 115–232, div. C, title XXXV, § 3531(c)(10), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1904 and amended Pub. L. 115–282, title I, §§ 110(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4212, 4240.)
heading: Editorial Notes
heading: References in Text
text: The Internal Revenue Code of 1986, referred to in subsec. (b)(5)(A), is classified generally to Title 26, Internal Revenue Code.
heading: Amendments
text: 2018—Pub. L. 115–282, § 110(b), renumbered section 196 of this title as this section.
Subsec. (b)(1). Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 115–282, § 123(b)(2), substituted “section 504” for “section 93”.
2016—Pub. L. 114–120 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
14 U.S.C. § 1926 (COAST GUARD)
§ 1926. Cadet applicants; preappointment travel to Academy
The Secretary is authorized to expend appropriated funds for selective preappointment travel to the Academy for orientation visits of cadet applicants.
(Added Pub. L. 98–557, § 24(a), Oct. 30, 1984, 98 Stat. 2872, § 181a; renumbered § 1926, Pub. L. 115–282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 181a of this title as this section.