14 U.S.C. § 1133 — Preliminary development and demonstra-

Page 100 TITLE 14—COAST GUARD § 1133 tended to minimize technical, cost, and sched- ule risk as early as practicable in the develop- ment of the project or program. (2) TEST AND EVALUATION STRATEGY.—The master plan shall— (A) set forth an integrated test and evalua- tion strategy that will verify that capa- bility-level or asset-level and subsystem- level design and development, including per- formance and supportability, have been suf- ficiently proven before the capability, asset, or subsystem of the capability or asset is ap- proved for production; and (B) require that adequate developmental tests and evaluations and operational tests and evaluations established under subpara- graph (A) are performed to inform produc- tion decisions. (3) OTHER COMPONENTS OF THE MASTER PLAN.—At a minimum, the master plan shall identify— (A) the key performance parameters to be resolved through the integrated test and evaluation strategy; (B) the performance data to be used to de- termine whether the key performance pa- rameters have been resolved; (C) critical operational issues to be as- sessed in addition to the key performance parameters; (D) the results during test and evaluation that will be required to demonstrate that a capability, asset, or subsystem meets per- formance requirements; (E) specific development test and evalua- tion phases and the scope of each phase; (F) modeling and simulation activities to be performed, if any, and the scope of such activities; (G) early operational assessments to be performed, if any, and the scope of such as- sessments; (H) operational test and evaluation phases; (I) an estimate of the resources, including funds, that will be required for all test, eval- uation, assessment, modeling, and simula- tion activities; and (J) the Government entity or independent entity that will perform the test, evaluation, assessment, modeling, and simulation ac- tivities. (4) UPDATE.—The Chief Acquisition Officer must approve an updated master plan when- ever there is a revision to project or program test and evaluation strategy, scope, or phas- ing. (5) LIMITATION.—The Coast Guard may not— (A) proceed beyond that phase of the ac- quisition process that entails approving the supporting acquisition of a capability or asset before the master plan is approved by the Chief Acquisition Officer; or (B) award any production contract for a capability, asset, or subsystem for which a master plan is required under this sub- section before the master plan is approved by the Chief Acquisition Officer. (e) LIFE-CYCLE COST ESTIMATES.— (1) IN GENERAL.—The Commandant shall im- plement mechanisms to ensure the develop- ment and regular updating of life-cycle cost estimates for each acquisition with a total ac- quisition cost that equals or exceeds $10,000,000 and an expected service life of 10 or more years, and to ensure that these estimates are considered in decisions to develop or produce new or enhanced capabilities and assets. (2) TYPES OF ESTIMATES.—For each Level 1 or Level 2 acquisition project or program, in ad- dition to life-cycle cost estimates developed under paragraph (1), the Commandant shall re- quire that— (A) life-cycle cost estimates developed under paragraph (1) be updated before— (i) each milestone decision is concluded; and (ii) the project or program enters a new acquisition phase; and (B) an independent cost estimate or inde- pendent cost assessment, as appropriate, be developed to validate life-cycle cost esti- mates developed under paragraph (1). (Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2942, § 572; amended Pub. L. 114–120, title II, § 204(a), Feb. 8, 2016, 130 Stat. 34; renumbered § 1132, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208; Pub. L. 117–263, div. K, title CXII, § 11210, Dec. 23, 2022, 136 Stat. 4012.) Editorial Notes AMENDMENTS 2022—Subsec. (e)(2), (3). Pub. L. 117–263 added par. (2) and struck out former pars. (2) and (3) which read as follows: ‘‘(2) TYPES OF ESTIMATES.—In addition to life-cycle cost estimates that may be developed by acquisition program offices, the Commandant shall require that an independent life-cycle cost estimate be developed for each Level 1 or Level 2 acquisition project or program. ‘‘(3) REQUIRED UPDATES.—For each Level 1 or Level 2 acquisition project or program the Commandant shall require that life-cycle cost estimates shall be updated before each milestone decision is concluded and the project or program enters a new acquisition phase.’’ 2018—Pub. L. 115–282 renumbered section 572 of this title as this section. 2016—Subsec. (d)(3)(B) to (J). Pub. L. 114–120 added subpars. (B) and (D) and redesignated former subpar. (B) as (C) and former subpars. (C) to (H) as (E) to (J), respectively. § 1133. Preliminary development and demonstra- tion (a) IN GENERAL.—The Commandant shall en- sure that developmental test and evaluation, operational test and evaluation, life-cycle cost estimates, and the development and demonstra- tion requirements applied by this chapter to ac- quisition projects and programs are met to con- firm that the projects or programs meet the re- quirements identified in the mission-analysis and affordability assessment prepared under sec- tion 1131(a)(2), the operational requirements de- veloped under section 1132(a)(1) and the fol- lowing development and demonstration objec- tives: (1) To demonstrate that the design, manu- facturing, and production solution is based upon a stable, producible, and cost-effective product design. (2) To ensure that the product capabilities meet contract specifications, acceptable oper- Page 101 TITLE 14—COAST GUARD § 1133 1 See References in Text note below. ational performance requirements, and system security requirements. (3) To ensure that the product design is ma- ture enough to commit to full production and deployment. (b) TESTS AND EVALUATIONS.— (1) IN GENERAL.—The Commandant shall en- sure that the Coast Guard conducts develop- mental tests and evaluations and operational tests and evaluations of a capability or asset and the subsystems of the capability or asset in accordance with the master plan prepared for the capability or asset under section 1132(d)(1).1 (2) USE OF THIRD PARTIES.—The Commandant shall ensure that the Coast Guard uses inde- pendent third parties with expertise in testing and evaluating the capabilities or assets and the subsystems of the capabilities or assets being acquired to conduct developmental tests and evaluations and operational tests and evaluations whenever the Coast Guard lacks the capability to conduct the tests and evalua- tions required by a master plan. (3) COMMUNICATION OF SAFETY CONCERNS.— The Commandant shall ensure that inde- pendent third parties and Government em- ployees that identify safety concerns during developmental or operational tests and eval- uations or through independent or Govern- ment-conducted design assessments of capa- bilities or assets and subsystems of capabili- ties or assets to be acquired by the Coast Guard communicate such concerns as soon as practicable, but not later than 30 days after the completion of the test or assessment event or activity that identified the safety concern, to the program manager for the capability or asset and the subsystems concerned and to the Chief Acquisition Officer. (4) REPORTING OF SAFETY CONCERNS.—The Commandant shall ensure that any safety con- cerns that have been communicated under paragraph (3) for an acquisition program or project are reported to the appropriate con- gressional committees at least 90 days before the award of any contract or issuance of any delivery order or task order for low, initial, or full-rate production of the capability or asset concerned if they will remain uncorrected or unmitigated at the time such a contract is awarded or delivery order or task order is issued. The report shall include a justification for the approval of that level of production of the capability or asset before the safety con- cerns are corrected or mitigated. The report shall also include an explanation of the ac- tions that will be taken to correct or mitigate the safety concerns, the date by which those actions will be taken, and the adequacy of cur- rent funding to correct or mitigate the safety concerns. (5) ASSET ALREADY IN LOW, INITIAL, OR FULL- RATE PRODUCTION.—The Commandant shall en- sure that if an independent third party or a Government employee identifies a safety con- cern with a capability or asset or any sub- systems of a capability or asset not previously identified during operational test and evalua- tion of a capability or asset already in low, initial, or full-rate production— (A) the Commandant, through the Assist- ant Commandant for Capability, shall notify the program manager and the Chief Acquisi- tion Officer of the safety concern as soon as practicable, but not later than 30 days after the completion of the test and evaluation event or activity that identified the safety concern; and (B) the Deputy Commandant for Mission Support shall notify the Commandant and the Deputy Commandant for Operations of the safety concern within 50 days after the notification required under subparagraph (A), and include in such notification— (i) an explanation of the actions that will be taken to correct or mitigate the safety concern in all capabilities or assets and subsystems of the capabilities or as- sets yet to be produced, and the date by which those actions will be taken; (ii) an explanation of the actions that will be taken to correct or mitigate the safety concern in previously produced ca- pabilities or assets and subsystems of the capabilities or assets, and the date by which those actions will be taken; and (iii) an assessment of the adequacy of current funding to correct or mitigate the safety concern in capabilities or assets and subsystems of the capabilities or assets and in previously produced capabilities or assets and subsystems. (c) TECHNICAL CERTIFICATION.— (1) IN GENERAL.—The Commandant shall en- sure that any Level 1 or Level 2 acquisition project or program is certified by the tech- nical authority of the Coast Guard after re- view by an independent third party with capa- bilities in the mission area, asset, or par- ticular asset component. (2) TEMPEST TESTING.—The Commandant shall— (A) cause all electronics on all aircraft, surface, and shore capabilities and assets that require TEMPEST certification to be tested in accordance with TEMPEST stand- ards and communications security (comsec) standards by an independent third party that is authorized by the Federal Govern- ment to perform such testing; and (B) certify that the assets meet all appli- cable TEMPEST requirements. (3) CUTTER CLASSIFICATION.— (A) IN GENERAL.—The Commandant shall cause each cutter, other than a National Se- curity Cutter, acquired by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be classed by the American Bureau of Ship- ping before final acceptance. [(B) Repealed. Pub. L. 112–213, title II, § 210(c)(2)(B), Dec. 20, 2012, 126 Stat. 1551.] (4) OTHER VESSELS.—The Commandant shall cause the design and construction of each Na- tional Security Cutter, other than National Security Cutters 1, 2, and 3, to be assessed by an independent third party with expertise in vessel design and construction certification. Page 102 TITLE 14—COAST GUARD § 1134 (5) AIRCRAFT AIRWORTHINESS.—The Com- mandant shall cause all aircraft and aircraft engines acquired by the Coast Guard to be as- sessed for airworthiness by an independent third party with expertise in aircraft and air- craft engine certification before final accept- ance. (Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2944, § 573; amended Pub. L. 112–213, title II, § 210(c)(2)(B), Dec. 20, 2012, 126 Stat. 1551; Pub. L. 115–232, div. C, title XXXV, § 3522, Aug. 13, 2018, 132 Stat. 2314; renumbered § 1133 and amended Pub. L. 115–282, title I, §§ 108(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4208, 4240.) Editorial Notes REFERENCES IN TEXT Section 1132(d)(1), referred to in subsec. (b)(1), was, prior to amendment of this section by Pub. L. 115–282, a reference to section 572(d)(1) of this title, which was redesignated section 572(f)(1) of this title by Pub. L. 114–120, title II, § 204(a)(1), Feb. 8, 2016, 130 Stat. 34. Sec- tion 572 of this title was renumbered section 1132 of this title by Pub. L. 115–282, title I, § 108(b)(2), Dec. 4, 2018, 132 Stat. 4208. The date of enactment of the Coast Guard Authoriza- tion Act of 2010, referred to in subsec. (c)(3)(A), is the date of enactment of Pub. L. 111–281, which was ap- proved Oct. 15, 2010. AMENDMENTS 2018—Pub. L. 115–282, § 108(b), renumbered section 573 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), in introductory provisions, substituted ‘‘section 1131(a)(2)’’ for ‘‘section 571(a)(2)’’ and ‘‘section 1132(a)(1)’’ for ‘‘section 572(a)(1)’’. Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 1132(d)(1)’’ for ‘‘section 572(d)(1)’’. Subsec. (b)(3). Pub. L. 115–232, § 3522(1), substituted ‘‘ensure that independent third parties and Govern- ment employees that identify safety concerns’’ for ‘‘re- quire that safety concerns identified’’ and ‘‘Coast Guard communicate such concerns as’’ for ‘‘Coast Guard shall be communicated as’’. Subsec. (b)(4). Pub. L. 115–232, § 3522(2), substituted ‘‘The Commandant shall ensure that any safety con- cerns that have been communicated under paragraph (3) for an acquisition program or project are reported’’ for ‘‘Any safety concerns that have been reported to the Chief Acquisition Officer for an acquisition pro- gram or project shall be reported by the Commandant’’. Subsec. (b)(5). Pub. L. 115–232, § 3522(3)(A), added in- troductory provisions and struck out former introduc- tory provisions which read as follows: ‘‘If operational test and evaluation of a capability or asset already in low, initial, or full-rate production identifies a safety concern with the capability or asset or any subsystems of the capability or asset not previously identified dur- ing developmental or operational test and evaluation, the Commandant shall—’’. Subsec. (b)(5)(A). Pub. L. 115–232, § 3522(3)(B), inserted ‘‘the Commandant, through the Assistant Commandant for Capability, shall’’ before ‘‘notify’’. Subsec. (b)(5)(B). Pub. L. 115–232, § 3522(3)(C), sub- stituted ‘‘the Deputy Commandant for Mission Support shall notify the Commandant and the Deputy Com- mandant for Operations of the safety concern within 50 days after the notification required under subparagraph (A), and include in such notification’’ for ‘‘notify the Chief Acquisition Officer and include in such notifica- tion’’ in introductory provisions. Subsec. (c)(2)(A). Pub. L. 115–232, § 3522(4)(A), struck out ‘‘and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010’’ after ‘‘TEMPEST certification’’. Subsec. (c)(5). Pub. L. 115–232, § 3522(4)(B), struck out ‘‘and delivered after the date of enactment of the Coast Guard Authorization Act of 2010’’ after ‘‘acquired by the Coast Guard’’. 2012—Subsec. (c)(3)(B). Pub. L. 112–213 struck out sub- par. (B). Text read as follows: ‘‘Not later than Decem- ber 31, 2011, and biennially thereafter, the Commandant shall provide a report to the Committee on Transpor- tation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate identifying which, if any, Coast Guard cutters that have been issued a certificate of classification by the American Bureau of Shipping have not been maintained in class and detailing the reasons why they have not been maintained in class.’’ Statutory Notes and Related Subsidiaries NATIONAL SECURITY CUTTERS Pub. L. 115–282, title III, § 311(f), Dec. 4, 2018, 132 Stat. 4249, provided that: ‘‘The Secretary of the department in which the Coast Guard is operating is authorized to enter into a multiyear contract for the procurement of a tenth, eleventh, and twelfth National Security Cutter and associated government-furnished equipment.’’ Pub. L. 115–282, title VIII, § 818(a), Dec. 4, 2018, 132 Stat. 4307, provided that: ‘‘The Commandant of the Coast Guard may not certify an eighth National Secu- rity Cutter as Ready for Operations before the date on which the Commandant provides to the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate— ‘‘(1) a notification of a new standard method for tracking operational employment of Coast Guard major cutters that does not include time during which such a cutter is away from its homeport for maintenance or repair; and ‘‘(2) a report analyzing cost and performance for different approaches to achieving varied levels of operational employment using the standard method required by paragraph (1) that, at a minimum— ‘‘(A) compares over a 30-year period the average annualized baseline cost and performances for a certified National Security Cutter that operated for 185 days away from homeport or an equivalent al- ternative measure of operational tempo— ‘‘(i) against the cost of a 15 percent increase in days away from homeport or an equivalent alter- native measure of operational tempo for a Na- tional Security Cutter; and ‘‘(ii) against the cost of the acquisition and op- eration of an additional National Security Cutter; and ‘‘(B) examines the optimal level of operational employment of National Security Cutters to bal- ance National Security Cutter cost and mission performance.’’ § 1134. Acquisition, production, deployment, and support (a) IN GENERAL.—The Commandant shall— (1) ensure there is a stable and efficient pro- duction 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 en- sure the delivered asset or system achieves full operational capability. (b) ELEMENTS.—The Commandant shall— (1) execute production contracts; (2) ensure that delivered assets and capabili- ties meet operational cost and schedules re-