14 U.S.C. § 1104 — Recognition of Coast Guard personnel for

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of the Coast Guard to recruit and appoint per- sons directly to certain acqusition positions in the Coast Guard, was repealed by Pub.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