14 U.S.C. § 1102 — Improvements in Coast Guard acquisition

Page 93 TITLE 14—COAST GUARD § 1102 tation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a report containing, at a minimum, the following: ‘‘(A) The recommendations developed by the Com- mandant under paragraph (1) and other results of the review conducted under such paragraph. ‘‘(B) The actions the Commandant is taking, if any, within the Commandant’s existing authority to im- plement such recommendations. ‘‘(3) MODIFICATION OF POLICIES, DIRECTIVES, AND REGU- LATIONS.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2016], the Commandant of the Coast Guard shall modify the acquisition poli- cies, directives, and regulations of the Coast Guard as necessary to ensure the development and implementa- tion of a customer-oriented acquisition system, pursu- ant to the review under paragraph (1)(C).’’ § 1102. Improvements in Coast Guard acquisition management (a) PROJECT OR PROGRAM MANAGERS.— (1) LEVEL 1 PROJECTS.—An individual may not be assigned as the project or program manager for a Level 1 acquisition unless the individual holds a Level III acquisition certifi- cation as a program manager. (2) LEVEL 2 PROJECTS.—An individual may not be assigned as the project or program manager for a Level 2 acquisition unless the individual holds a Level II acquisition certifi- cation as a program manager. (b) ACQUISITION 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 acquisition-related functions at Coast Guard headquarters and field activities. (2) REQUIRED POSITIONS.—In designating posi- tions under subsection (a), the Commandant shall include, at a minimum, positions encom- passing the following competencies and func- tions: (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. (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 des- ignate as positions in the acquisition work- force under paragraph (1) those acquisition-re- lated positions located at Coast Guard head- quarters units. (4) APPROPRIATE EXPERTISE REQUIRED.—The Commandant shall ensure that each individual assigned to a position in the acquisition work- force has the appropriate expertise to carry out the responsibilities of that position. (c) MANAGEMENT INFORMATION SYSTEM.— (1) IN GENERAL.—The Commandant shall es- tablish a management information system ca- pability to improve acquisition workforce management and reporting. (2) INFORMATION MAINTAINED.—Information maintained with such capability shall include the following standardized information on in- dividuals assigned to positions in the work- force: (A) Qualifications, assignment history, and tenure of those individuals assigned to positions in the acquisition workforce or holding acquisition-related certifications. (B) Promotion rates for officers and mem- bers of the Coast Guard in the acquisition workforce. (d) APPOINTMENTS TO ACQUISITION POSITIONS.— The Commandant shall ensure that no require- ment or preference for officers or members of the Coast Guard is used in the consideration of individuals for positions in the acquisition workforce. (e) CAREER PATHS.— (1) IDENTIFICATION OF CAREER PATHS.—To es- tablish acquisition management as a core competency of the Coast Guard, the Com- mandant 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 nec- essary for career progression of those offi- cers, members, and employees to the most senior positions in the acquisition work- force; and (B) publish information on such career paths. (2) PROMOTION PARITY.—The Commandant shall ensure that promotion parity is estab- lished for officers and members of the Coast Guard who have been assigned to the acquisi- tion workforce relative to officers and mem- bers who have not been assigned to the acqui- sition workforce. (Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2931, § 562; amended Pub. L. 111–330, § 1(4), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 112–213, title II, § 210(c)(2)(A), Dec. 20, 2012, 126 Stat. 1551; Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(B), Dec. 23, 2016, 130 Stat. 2333; renum- bered § 1102, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(10), Jan. 1, 2021, 134 Stat. 4748.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Coast Guard Authoriza- tion Act of 2010 and the date of enactment of this sec- tion, referred to in subsec. (b)(1), (2)(A), is the date of enactment of Pub. L. 111–281, which was approved Oct. 15, 2010. AMENDMENTS 2021—Subsec. (d). Pub. L. 116–283 substituted ‘‘individ- uals’’ for ‘‘persons’’. 2018—Pub. L. 115–282 renumbered section 562 of this title as this section. 2016—Subsecs. (b) to (g). Pub. L. 114–328 redesignated subsecs. (c), (d), (f), and (g) as (b), (c), (d), and (e), re- spectively, and struck out former subsec. (b) which re- Page 94 TITLE 14—COAST GUARD § 1103 lated to guidance on tenure and accountability of pro- gram and project managers. 2012—Subsec. (e). Pub. L. 112–213 struck out subsec. (e) which related to annual report on adequacy of ac- quisition workforce. 2010—Pub. L. 111–330 amended Pub. L. 111–281, § 402(a), which enacted this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(4) is effec- tive with the enactment of Pub. L. 111–281. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY Pub. L. 111–281, title IV, § 404, Oct. 15, 2010, 124 Stat. 2950, as amended by Pub. L. 112–213, title II, § 218, Dec. 20, 2012, 126 Stat. 1558; Pub. L. 115–282, title VIII, § 804, Dec. 4, 2018, 132 Stat. 4300, which authorized the Com- mandant of the Coast Guard to recruit and appoint per- sons directly to certain acqusition positions in the Coast Guard, was repealed by Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8219(c), Jan. 1, 2021, 134 Stat. 4656. § 1103. Role of Vice Commandant in major acqui- sition programs The Vice Commandant— (1) shall represent the customer of a major acquisition program with regard to trade-offs made among cost, schedule, technical feasi- bility, 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; re- numbered § 1103, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 578 of this title as this section. § 1104. Recognition of Coast Guard personnel for excellence in acquisition (a) IN GENERAL.—The Commandant shall maintain a program to recognize excellent per- formance 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 per- sonnel of the Coast Guard of individuals and teams comprised of officers, members, and em- ployees of the Coast Guard for recognition under the program; and (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 expertise and are appointed in such manner as the Commandant shall estab- lish for the purposes of this program. (c) AWARD OF CASH BONUSES.—As part of the program required by subsection (a), the Com- mandant, subject to the availability of appro- priations, 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.) Editorial Notes AMENDMENTS 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 com- mence implementation of’’. 2010—Pub. L. 111–330 amended Pub. L. 111–281, § 402(a), which enacted this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(4) is effec- tive with the enactment of Pub. L. 111–281. § 1105. Prohibition on use of lead systems inte- grators (a) IN GENERAL.— (1) USE OF LEAD SYSTEMS INTEGRATOR.—The Commandant may not use a private sector en- tity as a lead systems integrator. (2) FULL AND OPEN COMPETITION.—The Com- mandant shall use full and open competition for any acquisition contract unless otherwise excepted in accordance with Federal acquisi- tion laws and regulations promulgated under those laws, including the Federal Acquisition Regulation. (3) NO EFFECT ON SMALL BUSINESS ACT.— Nothing in this subsection shall be construed to supersede or otherwise affect the authori- ties provided by and under the Small Business Act (15 U.S.C. 631 et seq.). (b) LIMITATION ON FINANCIAL INTEREST IN SUB- CONTRACTORS.—Neither an entity performing lead systems integrator functions for a Coast Guard acquisition nor a Tier 1 subcontractor for any acquisition may have a financial interest in a subcontractor below the Tier 1 subcontractor level unless— (1) the subcontractor was selected by the prime contractor through full and open com- petition for such procurement; (2) the procurement was awarded by an enti- ty performing lead systems integrator func- tions or a subcontractor through full and open competition; (3) the procurement was awarded by a sub- contractor through a process over which the entity performing lead systems integrator