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S 1194 ISRSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1194CommentsClose CommentsPermalink

To reauthorize the Coast Guard for fiscal years 2010 and 2011, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 4, 2009CommentsClose CommentsPermalink

Ms. CANTWELL (for herself, Ms. SNOWE, Mr. ROCKEFELLER, and Mrs. HUTCHISON, and Mrs. MCCASKILL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To reauthorize the Coast Guard for fiscal years 2010 and 2011, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Coast Guard Authorization Act for Fiscal Years 2010 and 2011’. CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title. CommentsClose CommentsPermalink





Sec. 2. Table of contents. CommentsClose CommentsPermalink

TITLE I--AUTHORIZATIONS

Sec. 101. Authorization of appropriations. CommentsClose CommentsPermalink





Sec. 102. Authorized levels of military strength and training. CommentsClose CommentsPermalink

TITLE II--ADMINISTRATION

Sec. 201. Authority to distribute funds through grants, cooperative agreements, and contracts to maritime authorities and organizations. CommentsClose CommentsPermalink





Sec. 202. Assistance to foreign governments and maritime authorities. CommentsClose CommentsPermalink





Sec. 203. Cooperative agreements for industrial activities. CommentsClose CommentsPermalink





Sec. 204. Defining Coast Guard vessels and aircraft. CommentsClose CommentsPermalink

TITLE III--ORGANIZATION

Sec. 301. Vice commandant; vice admirals. CommentsClose CommentsPermalink





Sec. 302. Number and distribution of commissioned officers on the active duty promotion list. CommentsClose CommentsPermalink

TITLE IV--PERSONNEL

Sec. 401. Leave retention authority. CommentsClose CommentsPermalink





Sec. 402. Legal assistance for Coast Guard reservists. CommentsClose CommentsPermalink





Sec. 403. Reimbursement for certain medical related expenses. CommentsClose CommentsPermalink





Sec. 404. Reserve commissioned warrant officer to lieutenant program. CommentsClose CommentsPermalink





Sec. 405. Enhanced status quo officer promotion system. CommentsClose CommentsPermalink





Sec. 406. Appointment of civilian Coast Guard judges. CommentsClose CommentsPermalink





Sec. 407. Coast Guard participation in the Armed Forces Retirement Home system. CommentsClose CommentsPermalink

TITLE V--ACQUISITION REFORM

Sec. 501. Chief Acquisition Officer. CommentsClose CommentsPermalink





Sec. 502. Acquisitions. CommentsClose CommentsPermalink

‘CHAPTER 15--ACQUISITIONS

‘Subchapter 1--General Provisions

‘Sec. CommentsClose CommentsPermalink





‘561. Acquisition directorate CommentsClose CommentsPermalink





‘562. Senior acquisition leadership team CommentsClose CommentsPermalink





‘563. Improvements in Coast Guard acquisition management CommentsClose CommentsPermalink





‘564. Recognition of Coast Guard personnel for excellence in acquisition CommentsClose CommentsPermalink





‘565. Prohibition on use of lead systems integrators CommentsClose CommentsPermalink





‘566. Required contract terms CommentsClose CommentsPermalink





‘567. Department of Defense consultation CommentsClose CommentsPermalink





‘568. Undefinitized contractual actions CommentsClose CommentsPermalink

‘Subchapter 2--Improved Acquisition Process and Procedures

‘Sec. CommentsClose CommentsPermalink





‘571. Identification of major system acquisitions CommentsClose CommentsPermalink





‘572. Acquisition CommentsClose CommentsPermalink





‘573. Preliminary development and demonstration CommentsClose CommentsPermalink





‘574. Acquisition, production, deployment, and support CommentsClose CommentsPermalink





‘575. Acquisition program baseline breach CommentsClose CommentsPermalink

‘Subchapter 3--Definitions

‘Sec. CommentsClose CommentsPermalink





‘581. Definitions’ CommentsClose CommentsPermalink





Sec. 503. Report and guidance on excess pass-through charges. CommentsClose CommentsPermalink

TITLE VI--SHIPPING AND NAVIGATION

Sec. 601. Technical amendments to chapter 313 of title 46, United States Code. CommentsClose CommentsPermalink





Sec. 602. Clarification of rulemaking authority. CommentsClose CommentsPermalink





Sec. 603. Coast Guard maintenance of LORAN-C navigation system. CommentsClose CommentsPermalink





Sec. 604. Icebreakers. CommentsClose CommentsPermalink





Sec. 605. Vessel size limits. CommentsClose CommentsPermalink

TITLE VII--VESSEL CONVEYANCE

Sec. 701. Short title. CommentsClose CommentsPermalink





Sec. 702. Conveyance of Coast Guard vessels for public purposes. CommentsClose CommentsPermalink

TITLE VIII--OIL POLLUTION PREVENTION

TITLE I--AUTHORIZATIONS CommentsClose CommentsPermalink

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are authorized to be appropriated for necessary expenses of the Coast Guard for each of fiscal years 2010 and 2011 as follows: CommentsClose CommentsPermalink





(1) For the operation and maintenance of the Coast Guard, $6,556,188,000, of which $24,500,000 is authorized to be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. CommentsClose CommentsPermalink





(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $1,383,980,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990, to remain available until expended; such funds appropriated for personnel compensation and benefits and related costs of acquisition, construction, and improvements shall be available for procurement of services necessary to carry out the Integrated Deepwater Systems program. CommentsClose CommentsPermalink





(3) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman’s Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,361,245,000. CommentsClose CommentsPermalink





(4) For environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $13,198,000. CommentsClose CommentsPermalink





(5) For research, development, test, and evaluation programs related to maritime technology, $19,745,000. CommentsClose CommentsPermalink





(6) For operation and maintenance of the Coast Guard reserve program, $133,632,000. CommentsClose CommentsPermalink

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

(a) ACTIVE DUTY STRENGTH- The Coast Guard is authorized an end-of-year strength of active duty personnel of 49,954 as of September 30, 2010, and 52,452 as of September 30, 2011. CommentsClose CommentsPermalink





(b) MILITARY TRAINING STUDENT LOADS- The Coast Guard is authorized average military training student loads as follows: CommentsClose CommentsPermalink





(1) For recruit and special training, 2,500 student years for fiscal year 2010, and 2,625 student years for fiscal year 2011. CommentsClose CommentsPermalink





(2) For flight training, 170 student years for fiscal year 2010 and 179 student years for fiscal year 2011. CommentsClose CommentsPermalink





(3) For professional training in military and civilian institutions, 350 student years for fiscal year 2010 and 368 student years for fiscal year 2011. CommentsClose CommentsPermalink





(4) For officer acquisition, 1,300 student years for fiscal year 2010 and 1,365 student years for fiscal year 2011. CommentsClose CommentsPermalink

TITLE II--ADMINISTRATION CommentsClose CommentsPermalink

SEC. 201. AUTHORITY TO DISTRIBUTE FUNDS THROUGH GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS TO MARITIME AUTHORITIES AND ORGANIZATIONS.

Section 149 of title 14, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(c) GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS- The Commandant may, after consultation with the Secretary of State, make grants to, or enter into cooperative agreements, contracts, or other agreements with, international maritime organizations for the purpose of acquiring information or data about merchant vessel inspections, security, safety and environmental requirements, classification, and port state or flag state law enforcement or oversight.’. CommentsClose CommentsPermalink

SEC. 202. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME AUTHORITIES.

Section 149 of title 14, United States Code, as amended by section 201, is further amended by adding at the end the following: CommentsClose CommentsPermalink





‘(d) Authorized Activities- CommentsClose CommentsPermalink





‘(1) The Commandant may transfer or expend funds from any appropriation available to the Coast Guard for-- CommentsClose CommentsPermalink





‘(A) the activities of traveling contact teams, including any transportation expense, translation services expense, or administrative expense that is related to such activities; CommentsClose CommentsPermalink





‘(B) the activities of maritime authority liaison teams of foreign governments making reciprocal visits to Coast Guard units, including any transportation expense, translation services expense, or administrative expense that is related to such activities; CommentsClose CommentsPermalink





‘(C) seminars and conferences involving members of maritime authorities of foreign governments; CommentsClose CommentsPermalink





‘(D) distribution of publications pertinent to engagement with maritime authorities of foreign governments; and CommentsClose CommentsPermalink





‘(E) personnel expenses for Coast Guard civilian and military personnel to the extent that those expenses relate to participation in an activity described in subparagraph (C) or (D). CommentsClose CommentsPermalink





‘(2) An activity may not be conducted under this subsection with a foreign country unless the Secretary of State approves the conduct of such activity in that foreign country.’. CommentsClose CommentsPermalink

SEC. 203. COOPERATIVE AGREEMENTS FOR INDUSTRIAL ACTIVITIES.

Section 151 of title 14, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by inserting ‘(a) IN GENERAL- ’ before ‘All orders’; and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL ACTIVITIES- Under this section, the Coast Guard industrial activities may accept orders and enter into reimbursable agreements with establishments, agencies, and departments of the Department of Defense and the Department of Homeland Security.’. CommentsClose CommentsPermalink

SEC. 204. DEFINING COAST GUARD VESSELS AND AIRCRAFT.

(a) IN GENERAL- Chapter 17 of title 14, United States Code, is amended by inserting after section 638 the following new section: CommentsClose CommentsPermalink

‘Sec. 638a. Coast Guard vessels and aircraft defined

‘For the purposes of sections 637 and 638 of this title, the term Coast Guard vessels and aircraft means-- CommentsClose CommentsPermalink





‘(1) any vessel or aircraft owned, leased, transferred to, or operated by the Coast Guard and under the command of a Coast Guard member; or CommentsClose CommentsPermalink





‘(2) any other vessel or aircraft under the tactical control of the Coast Guard on which one or more members of the Coast Guard are assigned and conducting Coast Guard missions.’. CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The table of contents for chapter 17 of such title is amended by inserting after the item relating to section 638 the following: CommentsClose CommentsPermalink





‘638a. Coast Guard vessels and aircraft defined.’.CommentsClose CommentsPermalink

TITLE III--ORGANIZATION CommentsClose CommentsPermalink

SEC. 301. VICE COMMANDANT; VICE ADMIRALS.

(a) VICE COMMANDANT- The fourth sentence ofsection 47 of title 14, United States Code, is amended by striking ‘vice admiral’ and inserting ‘admiral’. CommentsClose CommentsPermalink





(b) VICE ADMIRALS- Section 50 of such title is amended to read as follows: CommentsClose CommentsPermalink

‘Sec. 50. Vice admirals

‘(a)(1) The President may designate no more than 4 positions of importance and responsibility that shall be held by officers who-- CommentsClose CommentsPermalink





‘(A) while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade; and CommentsClose CommentsPermalink





‘(B) shall perform such duties as the Commandant may prescribe. CommentsClose CommentsPermalink





‘(2) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for such appointments. CommentsClose CommentsPermalink





‘(b)(1) The appointment and the grade of vice admiral shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 51(d) of this title, shall terminate on the date the officer is detached from that duty. CommentsClose CommentsPermalink





‘(2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral-- CommentsClose CommentsPermalink





‘(A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days; CommentsClose CommentsPermalink





‘(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days; and CommentsClose CommentsPermalink





‘(C) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer’s retirement, but not for more than 60 days. CommentsClose CommentsPermalink





‘(c)(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer. CommentsClose CommentsPermalink





‘(2) An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer’s permanent grade. CommentsClose CommentsPermalink





‘(d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.’. CommentsClose CommentsPermalink





(c) REPEAL- Section 50a of such title is repealed. CommentsClose CommentsPermalink





(d) CONFORMING AMENDMENTS- Section 51 of such title is amended-- CommentsClose CommentsPermalink





(1) by striking subsections (a), (b), and (c) and inserting the following: CommentsClose CommentsPermalink





‘(a) An officer, other than the Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served. CommentsClose CommentsPermalink





‘(b) An officer, other than the Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least 2 1/2 years in the grade of admiral or vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served. CommentsClose CommentsPermalink





‘(c) An officer, other than the Commandant, who, after serving less than 2 1/2 years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade.’; and CommentsClose CommentsPermalink





(2) by striking ‘Area Commander, or Chief of Staff’ in subsection (d)(2) and inserting ‘or Vice Admiral’. CommentsClose CommentsPermalink





(e) CLERICAL AMENDMENTS- CommentsClose CommentsPermalink





(1) The section caption for section 47 of such title is amended to read as follows: CommentsClose CommentsPermalink

‘Sec. 47. Vice commandant; appointment’.

(2) The table of contents for chapter 3 of such title is amended-- CommentsClose CommentsPermalink





(A) by striking the item relating to section 47 and inserting the following: CommentsClose CommentsPermalink





‘47. Vice Commandant; appointment.’; CommentsClose CommentsPermalink





(B) by striking the item relating to section 50a; and CommentsClose CommentsPermalink





(C) by striking the item relating to section 50 and inserting the following: CommentsClose CommentsPermalink





‘50. Vice admirals.’. CommentsClose CommentsPermalink





(f) TECHNICAL CORRECTION- Section 47 of such title is further amended by striking ‘subsection’ in the fifth sentence and inserting ‘section’. CommentsClose CommentsPermalink





(g) Treatment of Incumbents; Transition- CommentsClose CommentsPermalink





(1) Notwithstanding any other provision of law, the officer who, on the date of enactment of this Act, is serving as Vice Commandant-- CommentsClose CommentsPermalink





(A) shall continue to serve as Vice Commandant; CommentsClose CommentsPermalink





(B) shall have the grade of admiral with pay and allowances of that grade; and CommentsClose CommentsPermalink





(C) shall not be required to be reappointed by reason of the enactment of that Act. CommentsClose CommentsPermalink





(2) Notwithstanding any other provision of law, an officer who, on the date of enactment of this Act, is serving as Chief of Staff, Commander, Atlantic Area, or Commander, Pacific Area-- CommentsClose CommentsPermalink





(A) shall continue to have the grade of vice admiral with pay and allowance of that grade until such time that the officer is relieved of his duties and appointed and confirmed to another position as a vice admiral or admiral; and CommentsClose CommentsPermalink





(B) for the purposes of transition, may continue, for not more than 1 year after the date of enactment of this Act, to perform the duties of the officer’s former position and any other such duties that the Commandant prescribes. CommentsClose CommentsPermalink

SEC. 302. NUMBER AND DISTRIBUTION OF COMMISSIONED OFFICERS ON THE ACTIVE DUTY PROMOTION LIST.

(a) IN GENERAL-Section 42 of title 14, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking subsections (a), (b), and (c) and inserting the following: CommentsClose CommentsPermalink





‘(a) The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 7,200. This total number may be temporarily increased up to 2 percent for no more than the 60 days that follow the commissioning of a Coast Guard Academy class. CommentsClose CommentsPermalink





‘(b) The total number of commissioned officers authorized by this section shall be distributed in grade not to exceed the following percentages: CommentsClose CommentsPermalink





‘(1) 0.375 percent for rear admiral. CommentsClose CommentsPermalink





‘(2) 0.375 percent for rear admiral (lower half). CommentsClose CommentsPermalink





‘(3) 6.0 percent for captain. CommentsClose CommentsPermalink





‘(4) 15.0 percent for commander. CommentsClose CommentsPermalink





‘(5) 22.0 percent for lieutenant commander. CommentsClose CommentsPermalink





The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. The Secretary may, as the needs of the Coast Guard require, reduce any of the percentages set forth in paragraphs (1) through (5) and apply that total percentage reduction to any other lower grade or combination of lower grades. CommentsClose CommentsPermalink





‘(c) The Secretary shall, at least once a year, compute the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages of this section to the total number of commissioned officers listed on the current active duty promotion list. In making such calculations, any fraction shall be rounded to the nearest whole number. The number of commissioned officers on the active duty promotion list serving with other departments or agencies on a reimbursable basis or excluded under the provisions of section 324(d) of title 49, shall not be counted against the total number of commissioned officers authorized to serve in each grade.’; CommentsClose CommentsPermalink





(2) by striking subsection (e) and inserting the following: CommentsClose CommentsPermalink





‘(e) The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary.’; and CommentsClose CommentsPermalink





(3) by striking the caption of such section and inserting the following: CommentsClose CommentsPermalink

‘Sec. 42. Number and distribution of commissioned officers on the active duty promotion list’.

(b) CLERICAL AMENDMENT- The table of contents for chapter 3 of such title is amended by striking the item relating to section 42 and inserting the following: CommentsClose CommentsPermalink





‘42. Number and distribution of commissioned officers on the active duty promotion list.’. CommentsClose CommentsPermalink

TITLE IV--PERSONNEL CommentsClose CommentsPermalink

SEC. 401. LEAVE RETENTION AUTHORITY.

Section 701(f)(2) of title 10, United States Code, is amended by inserting ‘or a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. 5121 et seq.)’ after ‘operation’. CommentsClose CommentsPermalink

SEC. 402. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS.

Section 1044(a)(4) of title 10, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking ‘(as determined by the Secretary of Defense),’ and inserting ‘(as determined by the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast Guard when it is not operating as a service of the Navy),’; and CommentsClose CommentsPermalink





(2) by striking ‘prescribed by the Secretary of Defense,’ and inserting ‘prescribed by Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast Guard when it is not operating as a service of the Navy,’. CommentsClose CommentsPermalink

SEC. 403. REIMBURSEMENT FOR CERTAIN MEDICAL-RELATED TRAVEL EXPENSES.

Section 1074i(a) of title 10, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking ‘IN GENERAL- In’ and inserting ‘IN GENERAL- (1) In’; and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





‘(2) In any case in which a covered beneficiary resides on an INCONUS island that lacks public access roads to the mainland and is referred by a primary care physician to a specialty care provider on the mainland who provides services less than 100 miles from the location in which the beneficiary resides, the Secretary shall reimburse the reasonable travel expenses of the covered beneficiary, and, when accompaniment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age.’. CommentsClose CommentsPermalink

SEC. 404. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT PROGRAM.

Section 214(a) of title 14, United States Code, is amended to read as follows: CommentsClose CommentsPermalink





‘(a) The President may appoint temporary commissioned officers-- CommentsClose CommentsPermalink





‘(1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine; and CommentsClose CommentsPermalink





‘(2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers of the Coast Guard Reserve.’. CommentsClose CommentsPermalink

SEC. 405. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

(a)Section 253(a) of title 14, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by inserting ‘and’ after ‘considered,’; and CommentsClose CommentsPermalink





(2) by striking ‘consideration, and the number of officers the board may recommend for promotion’ and inserting ‘consideration’. CommentsClose CommentsPermalink





(b) Section 258 of such title is amended-- CommentsClose CommentsPermalink





(1) by inserting ‘(a)’ before ‘The Secretary’; and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





‘(b) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board-- CommentsClose CommentsPermalink





‘(1) specific direction relating to the needs of the service for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and CommentsClose CommentsPermalink





‘(2) such other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions. CommentsClose CommentsPermalink





Selections made based on the direction and guidance provided under this subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board convened under section 251 of this title.’. CommentsClose CommentsPermalink





(c) Section 259(a) of such title is amended by striking ‘board’ the second place it appears and inserting ‘board, giving due consideration to the needs of the service for officers with particular skills so noted in the specific direction furnished pursuant to section 258 of this title,’. CommentsClose CommentsPermalink





(d) Section 260(b) of such title is amended by inserting ‘to meet the needs of the service (as noted in the specific direction furnished the board under section 258 of this title)’ after ‘qualified for promotion’. CommentsClose CommentsPermalink

SEC. 406. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is amended-- CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); and CommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following: CommentsClose CommentsPermalink





‘(c) APPOINTMENT OF JUDGES- The Secretary may appoint civilian employees of the Department of Homeland Security as appellate military judges, available for assignment to the Coast Guard Court of Criminal Appeals as provided for insection 866(a) of title 10, United States Code.’. CommentsClose CommentsPermalink

SEC. 407. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME SYSTEM.

(a) ELIGIBILITY UNDER THE ARMED FORCES RETIREMENT HOME ACT- Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401) is amended-- CommentsClose CommentsPermalink





(1) by striking ‘does not include the Coast Guard when it is not operating as a service of the Navy.’ in paragraph (4) and inserting ‘has the meaning given such term in section 101(4) of title 10.’; CommentsClose CommentsPermalink





(2) by striking ‘and’ in paragraph (5)(C); CommentsClose CommentsPermalink





(3) by striking ‘Affairs.’ in paragraph (5)(D) and inserting ‘Affairs; and’; CommentsClose CommentsPermalink





(4) by adding at the end of paragraph (5) the following: CommentsClose CommentsPermalink





‘(E) the Assistant Commandant of the Coast Guard for Human Resources.’; and CommentsClose CommentsPermalink





(5) by adding at the end of paragraph (6) the following: CommentsClose CommentsPermalink





‘(E) The Master Chief Petty Officer of the Coast Guard.’. CommentsClose CommentsPermalink





(b) Deductions- CommentsClose CommentsPermalink





(1)Section 2772 of title 10, United States Code, is amended-- CommentsClose CommentsPermalink





(A) by striking ‘of the military department’ in subsection (a); CommentsClose CommentsPermalink





(B) by striking ‘Armed Forces Retirement Home Board’ in subsection (b) and inserting ‘Chief Operating Officer of the Armed Forces Retirement Home’; and CommentsClose CommentsPermalink





(C) by striking subsection (c). CommentsClose CommentsPermalink





(2)Section 1007(i) of title 37, United States Code, is amended-- CommentsClose CommentsPermalink





(A) by striking ‘Armed Forces Retirement Home Board,’ in paragraph (3) and inserting ‘Chief Operating Officer of the Armed Forces Retirement Home,’; and CommentsClose CommentsPermalink





(B) by striking ‘does not include the Coast Guard when it is not operating as a service of the Navy.’ in paragraph (4) and inserting ‘has the meaning given such term in section 101(4) of title 10.’. CommentsClose CommentsPermalink





(c) EFFECTIVE DATE- The amendments made by this section shall take effect on the first day of the first pay period beginning on or after January 1, 2010. CommentsClose CommentsPermalink

TITLE V--ACQUISITION REFORM CommentsClose CommentsPermalink

SEC. 501. CHIEF ACQUISITION OFFICER.

(a) In General- Chapter 3 of title 14, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘Sec. 55. Chief Acquisition Officer

‘(a) In General- There shall be in the Coast Guard a Chief Acquisition Officer selected by the Commandant who shall be a Rear Admiral or civilian from the Senior Executive Service (career reserved). The Chief Acquisition Officer shall serve at the Assistant Commandant level and have acquisition management as that individual’s primary duty. CommentsClose CommentsPermalink





‘(b) Qualifications- The Chief Acquisition Officer shall be an acquisition professional with a Level III certification and must have at least 10 years experience in an acquisition position, of which at least 4 years were spent as-- CommentsClose CommentsPermalink





‘(1) the program executive officer; CommentsClose CommentsPermalink





‘(2) the program manager of a Level 1 or Level 2 acquisition project or program; CommentsClose CommentsPermalink





‘(3) the deputy program manager of a Level 1 or Level 2 acquisition; or CommentsClose CommentsPermalink





‘(4) a combination of such positions. CommentsClose CommentsPermalink





‘(c) Functions of the Chief Acquisition Officer- The functions of the Chief Acquisition Officer include-- CommentsClose CommentsPermalink





‘(1) monitoring the performance of programs and projects on the basis of applicable performance measurements and advising the Commandant, through the chain of command, regarding the appropriate business strategy to achieve the missions of the Coast Guard; CommentsClose CommentsPermalink





‘(2) maximizing the use of full and open competition at the prime contract and subcontract levels in the acquisition of property, capabilities, and services by the Coast Guard by establishing policies, procedures, and practices that ensure that the Coast Guard receives a sufficient number of competitive proposals from responsible sources to fulfill the Government’s requirements, including performance and delivery schedules, at the lowest cost or best value considering the nature of the property or service procured; CommentsClose CommentsPermalink





‘(3) making acquisition decisions in concurrence with the technical authority, or technical authorities, as appropriate, of the Coast Guard, as designated by the Commandant, consistent with all other applicable laws and decisions establishing procedures within the Coast Guard; CommentsClose CommentsPermalink





‘(4) ensuring the use of detailed performance specifications in instances in which performance based contracting is used; CommentsClose CommentsPermalink





‘(5) managing the direction of acquisition policy for the Coast Guard, including implementation of the unique acquisition policies, regulations, and standards of the Coast Guard; CommentsClose CommentsPermalink





‘(6) developing and maintaining an acquisition career management program in the Coast Guard to ensure that there is an adequate acquisition workforce; CommentsClose CommentsPermalink





‘(7) assessing the requirements established for Coast Guard personnel regarding knowledge and skill in acquisition resources and management and the adequacy of such requirements for facilitating the achievement of the performance goals established for acquisition management; CommentsClose CommentsPermalink





‘(8) developing strategies and specific plans for hiring, training, and professional development; and CommentsClose CommentsPermalink





‘(9) reporting to the Commandant, through the chain of command, on the progress made in improving acquisition management capability.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents for chapter 3 of title 14, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘55. Chief Acquisition Officer.’. CommentsClose CommentsPermalink





(c) SELECTION DEADLINE- As soon as practicable after the date of enactment of this Act, but no later than October 1, 2011, the Commandant of the Coast Guard shall select a Chief Acquisition Officer undersection 55 of title 14, United States Code. CommentsClose CommentsPermalink

SEC. 502. ACQUISITIONS.

(a) IN GENERAL- Part I of title 14, United States Code, is amended by inserting after chapter 13 the following: CommentsClose CommentsPermalink

‘CHAPTER 15. ACQUISITIONS

‘Subchapter 1--General Provisions

‘Sec. CommentsClose CommentsPermalink





‘561. Acquisition directorate CommentsClose CommentsPermalink





‘562. Senior acquisition leadership team CommentsClose CommentsPermalink





‘563. Improvements in Coast Guard acquisition management CommentsClose CommentsPermalink





‘564. Recognition of Coast Guard personnel for excellence in acquisition CommentsClose CommentsPermalink





‘565. Prohibition on use of lead systems integrators CommentsClose CommentsPermalink





‘566. Required contract terms CommentsClose CommentsPermalink





‘567. Department of Defense consultation CommentsClose CommentsPermalink





‘568. Undefinitized contractual actions CommentsClose CommentsPermalink

‘Subchapter 2--Improved Acquisition Process and Procedures

‘Sec. CommentsClose CommentsPermalink





‘571. Identification of major system acquisitions CommentsClose CommentsPermalink





‘572. Acquisition CommentsClose CommentsPermalink





‘573. Preliminary development and demonstration CommentsClose CommentsPermalink





‘574. Acquisition, production, deployment, and support CommentsClose CommentsPermalink





‘575. Acquisition program baseline breach CommentsClose CommentsPermalink

‘Subchapter 3--Definitions

‘Sec. CommentsClose CommentsPermalink





‘581. Definitions CommentsClose CommentsPermalink

‘Subchapter 1--General Provisions

‘561. Acquisition directorate

‘(a) ESTABLISHMENT- The Commandant of the Coast Guard shall establish an acquisition directorate to provide guidance and oversight for the implementation and management of all Coast Guard acquisition processes, programs, and projects. CommentsClose CommentsPermalink





‘(b) MISSION- The mission of the acquisition directorate is-- CommentsClose CommentsPermalink





‘(1) to acquire and deliver assets and systems that increase operational readiness, enhance mission performance, and create a safe working environment; and CommentsClose CommentsPermalink





‘(2) to assist in the development of a workforce that is trained and qualified to further the Coast Guard’s missions and deliver the best value products and services to the Nation. CommentsClose CommentsPermalink

‘562. Senior acquisition leadership team

‘(a) ESTABLISHMENT- The Commandant shall establish a senior acquisition leadership team within the Coast Guard comprised of-- CommentsClose CommentsPermalink





‘(1) the Vice Commandant; CommentsClose CommentsPermalink





‘(2) the Deputy and Assistant Commandants; CommentsClose CommentsPermalink





‘(3) appropriate senior staff members of each Coast Guard directorate; CommentsClose CommentsPermalink





‘(4) appropriate senior staff members for each assigned field activity or command; and CommentsClose CommentsPermalink





‘(5) any other Coast Guard officer or employee designated by the Commandant. CommentsClose CommentsPermalink





‘(b) FUNCTION- The senior acquisition leadership team shall-- CommentsClose CommentsPermalink





‘(1) meet at the call of the Commandant at such places and such times as the Commandant may require; CommentsClose CommentsPermalink





‘(2) provide advice and information on operational and performance requirements of the Coast Guard; CommentsClose CommentsPermalink





‘(3) identify gaps and vulnerabilities in the operational readiness of the Coast Guard; CommentsClose CommentsPermalink





‘(4) make recommendations to the Commandant and the Chief Acquisition Officer to remedy the identified gaps and vulnerabilities in the operational readiness of the Coast Guard; and CommentsClose CommentsPermalink





‘(5) contribute to the development of a professional, experienced acquisition workforce by providing acquisition-experience tours of duty and educational development for officers and employees of the Coast Guard. CommentsClose CommentsPermalink

‘563. Improvements in Coast Guard acquisition management

‘(a) Project and Program Managers- CommentsClose CommentsPermalink





‘(1) PROJECT OR PROGRAM MANAGER DEFINED- In this section, the term ‘project or program manager’ means an individual designated-- CommentsClose CommentsPermalink





‘(A) to develop, produce, and deploy a new asset to meet identified operational requirements; and CommentsClose CommentsPermalink





‘(B) to manage cost, schedule, and performance of the acquisition or project or program. CommentsClose CommentsPermalink





‘(2) 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 certification as a program manager. CommentsClose CommentsPermalink





‘(3) 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 certification as a program manager. CommentsClose CommentsPermalink





‘(b) Guidance on Tenure and Accountability of Program and Project Managers- Not later than one year after the date of enactment of the Coast Guard Authorization Act for Fiscal years 2010 and 2011, the Commandant shall issue guidance to address the qualifications, resources, responsibilities, tenure, and accountability of program and project managers for the management of acquisition programs and projects. The guidance shall address, at a minimum-- CommentsClose CommentsPermalink





‘(1) the qualifications required for project or program managers, including the number of years of acquisition experience and the professional training levels to be required of those appointed to project or program management positions; and CommentsClose CommentsPermalink





‘(2) authorities available to project or program managers, including, to the extent appropriate, the authority to object to the addition of new program requirements that would be inconsistent with the parameters established for an acquisition program. CommentsClose CommentsPermalink





‘(c) Acquisition Workforce- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commandant shall designate 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. CommentsClose CommentsPermalink





‘(2) REQUIRED POSITIONS- The Commandant shall ensure that members of the acquisition workforce have expertise, education, and training in at least 1 of the following acquisition career fields: CommentsClose CommentsPermalink





‘(A) Acquisition logistics. CommentsClose CommentsPermalink





‘(B) Auditing. CommentsClose CommentsPermalink





‘(C) Business, cost estimating, and financial management. CommentsClose CommentsPermalink





‘(D) Contracting. CommentsClose CommentsPermalink





‘(E) Facilities engineering. CommentsClose CommentsPermalink





‘(F) Industrial or contract property management. CommentsClose CommentsPermalink





‘(G) Information technology. CommentsClose CommentsPermalink





‘(H) Manufacturing, production, and quality assurance. CommentsClose CommentsPermalink





‘(I) Program management. CommentsClose CommentsPermalink





‘(J) Purchasing. CommentsClose CommentsPermalink





‘(K) Science and technology. CommentsClose CommentsPermalink





‘(L) Systems planning, research, development, and engineering. CommentsClose CommentsPermalink





‘(M) Test and evaluation. CommentsClose CommentsPermalink





‘(3) ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY- CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of sections 3304, 5333, and 5753 of title 5, the Commandant may-- CommentsClose CommentsPermalink





‘(i) designate any category of acquisition positions within the Coast Guard as shortage category positions; and CommentsClose CommentsPermalink





‘(ii) use the authorities in such sections to recruit and appoint highly qualified person directly to positions so designated. CommentsClose CommentsPermalink





‘(B) LIMITATION- The Commandant may not appoint a person to a position of employment under this paragraph after September 30, 2012. CommentsClose CommentsPermalink





‘(d) Management Information System- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commandant shall establish a management information system capability to improve acquisition workforce management and reporting. CommentsClose CommentsPermalink





‘(2) INFORMATION MAINTAINED- Information maintained with such capability shall include the following standardized information on individuals assigned to positions in the workforce: CommentsClose CommentsPermalink





‘(A) Qualifications, assignment history, and tenure of those individuals assigned to positions in the acquisition workforce or holding acquisition-related certifications. CommentsClose CommentsPermalink





‘(B) Promotion rates for officers and members of the Coast Guard in the acquisition workforce. CommentsClose CommentsPermalink





‘(e) Career Paths- To establish acquisition management as a core competency of the Coast Guard, the Commandant shall-- CommentsClose CommentsPermalink





‘(1) 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 necessary for career progression of those officers, members, and employees to the most senior positions in the acquisition workforce; and CommentsClose CommentsPermalink





‘(2) publish information on such career paths. CommentsClose CommentsPermalink

‘564. Recognition of Coast Guard personnel for excellence in acquisition

‘(a) In General- Not later than 180 days after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011, the Commandant shall commence implementation of 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. CommentsClose CommentsPermalink





‘(b) Elements- The program shall include-- CommentsClose CommentsPermalink





‘(1) specific award categories, criteria, and eligibility and manners of recognition; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink

‘565. Prohibition on use of lead systems integrators

‘(a) In General- CommentsClose CommentsPermalink





‘(1) USE OF LEAD SYSTEMS INTEGRATOR- Except as provided in subsection (b), the Commandant may not use a private sector entity as a lead systems integrator for an acquisition contract awarded or delivery order or task order issued after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011. CommentsClose CommentsPermalink





‘(2) FULL AND OPEN COMPETITION- The Commandant and any lead systems integrator engaged by the Coast Guard, pursuant to the exceptions described in subsection (b), shall use full and open competition for any acquisition contract awarded after the date of enactment of that Act, unless otherwise excepted in accordance with the Competition in Contracting Act of 1984 (41 U.S.C. 251 note), the amendments made by that Act, and the Federal Acquisition Regulations. CommentsClose CommentsPermalink





‘(3) NO EFFECT ON SMALL BUSINESS ACT- Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided by and under the Small Business Act (15 U.S.C. 631 et seq.). CommentsClose CommentsPermalink





‘(b) Exceptions- CommentsClose CommentsPermalink





‘(1) NATIONAL DISTRESS AND RESPONSE SYSTEM MODERNIZATION PROGRAM; NATIONAL SECURITY CUTTERS 2 AND 3- Notwithstanding subsection (a), the Commandant may use a private sector entity as a lead systems integrator for the Coast Guard to complete the National Distress and Response System Modernization Program, the C4ISR projects directly related to the Integrated Deepwater Program, and National Security Cutters 2 and 3 if the Secretary of Homeland Security certifies that-- CommentsClose CommentsPermalink





‘(A) the acquisition is in accordance with the Competition in Contracting Act of 1984 (41 U.S.C. 251 note), the amendments made by that Act, and the Federal Acquisition Regulations; and CommentsClose CommentsPermalink





‘(B) the acquisition and the use of a private sector entity as a lead systems integrator for the acquisition is in the best interest of the Federal Government. CommentsClose CommentsPermalink





‘(2) TERMINATION DATE FOR EXCEPTIONS- Except for the modification of delivery or task orders pursuant to Parts 4 and 42 of the Federal Acquisition Regulations, the Commandant may not use a private sector entity as a lead systems integrator after the earlier of-- CommentsClose CommentsPermalink





‘(A) September 30, 2012; or CommentsClose CommentsPermalink





‘(B) the date on which the Commandant certifies in writing to the appropriate congressional committees that the Coast Guard has available and can retain sufficient contracting personnel and expertise within the Coast Guard, through an arrangement with other Federal agencies, or through contracts or other arrangements with private sector entities, to perform the functions and responsibilities of the lead system integrator in an efficient and cost-effective manner. CommentsClose CommentsPermalink

‘566. Required contract terms

‘(a) In General- The Commandant shall ensure that a contract awarded or a delivery order or task order issued for an acquisition of a capability or an asset with an expected service life of 10 years and with a total acquisition cost that is equal to or exceeds $10,000,000 awarded or issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011-- CommentsClose CommentsPermalink





‘(1) provides that all certifications for an end-state capability or asset under such contract, delivery order, or task order, respectively, will be conducted by the Commandant or an independent third party, and that self-certification by a contractor or subcontractor is not allowed; CommentsClose CommentsPermalink





‘(2) requires that the Commandant shall maintain the authority to establish, approve, and maintain technical requirements; CommentsClose CommentsPermalink





‘(3) requires that any measurement of contractor and subcontractor performance be based on the status of all work performed, including the extent to which the work performed met all performance, cost, and schedule requirements; CommentsClose CommentsPermalink





‘(4) specifies that, for the acquisition or upgrade of air, surface, or shore capabilities and assets for which compliance with TEMPEST certification is a requirement, the standard for determining such compliance will be the air, surface, or shore standard then used by the Department of the Navy for that type of capability or asset; and CommentsClose CommentsPermalink





‘(5) for any contract awarded to acquire an Offshore Patrol Cutter, includes provisions specifying the service life, fatigue life, and days underway in general Atlantic and North Pacific Sea conditions, maximum range, and maximum speed the cutter will be built to achieve. CommentsClose CommentsPermalink





‘(b) Prohibited Contract Provisions- The Commandant shall ensure that any contract awarded or delivery order or task order issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011 does not include any provision allowing for equitable adjustment that is not consistent with the Federal Acquisition Regulations. CommentsClose CommentsPermalink





‘(c) Integrated Product Teams- Integrated product teams, and all teams that oversee integrated product teams, shall be chaired by officers, members, or employees of the Coast Guard. CommentsClose CommentsPermalink





‘(d) Deepwater Technical Authorities- The Commandant shall maintain or designate the technical authorities to establish, approve, and maintain technical requirements. Any such designation shall be made in writing and may not be delegated to the authority of the Chief Acquisition Officer established by section 55 of this title. CommentsClose CommentsPermalink

‘567. 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. CommentsClose CommentsPermalink





‘(b) INTER-SERVICE TECHNICAL ASSISTANCE- The Commandant shall seek to enter into 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-- CommentsClose CommentsPermalink





‘(1) the exchange of technical assistance and support that the Assistant Commandants for Acquisition, Human Resources, Engineering, and Information technology may identify; CommentsClose CommentsPermalink





‘(2) the use, as appropriate, of Navy technical expertise; and CommentsClose CommentsPermalink





‘(3) the 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 Commands, to facilitate the development of organic capabilities in the Coast Guard. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink

‘568. Undefinitized contractual actions

‘(a) In General- The Coast Guard may not enter into an undefinitized contractual action unless such action is directly approved by the Head of Contracting Activity of the Coast Guard. CommentsClose CommentsPermalink





‘(b) Requests for Undefinitized Contractual Actions- Any request to the Head of Contracting Activity for approval of an undefinitized contractual action shall include a description of the anticipated effect on requirements of the Coast Guard if a delay is incurred for the purposes of determining contractual terms, specifications, and price before performance is begun under the contractual action. CommentsClose CommentsPermalink





‘(c) Requirements for Undefinitized Contractual Actions- CommentsClose CommentsPermalink





‘(1) DEADLINE FOR AGREEMENT ON TERMS, SPECIFICATIONS, AND PRICE- A contracting officer of the Coast Guard may not enter into an undefinitized contractual action unless the contractual action provides for agreement upon contractual terms, specification, and price by the earlier of-- CommentsClose CommentsPermalink





‘(A) the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or CommentsClose CommentsPermalink





‘(B) the date on which the amount of funds obligated under the contractual action is equal to more than 50 percent of the negotiated overall ceiling price for the contractual action. CommentsClose CommentsPermalink





‘(2) LIMITATION ON OBLIGATIONS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (B), the contracting officer for an undefinitized contractual action may not obligate under such contractual action an amount that exceeds 50 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action. CommentsClose CommentsPermalink





‘(B) EXCEPTION- Notwithstanding subparagraph (A), if a contractor submits a qualifying proposal to definitize an undefinitized contractual action before an amount that exceeds 50 percent of the negotiated overall ceiling price is obligated on such action, the contracting officer for such action may not obligate with respect to such contractual action an amount that exceeds 75 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action. CommentsClose CommentsPermalink





‘(3) WAIVER- The Commandant may waive the application of this subsection with respect to a contract if the Commandant determines that the waiver is necessary to support-- CommentsClose CommentsPermalink





‘(A) a contingency operation (as that term is defined in section 101(a)(13) of title 10); CommentsClose CommentsPermalink





‘(B) operations to prevent or respond to a transportation security incident (as defined in section 70101(6) of title 46); CommentsClose CommentsPermalink





‘(C) an operation in response to an emergency that poses an unacceptable threat to human health or safety or to the marine environment; or CommentsClose CommentsPermalink





‘(D) an operation in response to a natural disaster or major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). CommentsClose CommentsPermalink





‘(4) LIMITATION ON APPLICATION- This subsection does not apply to an undefinitized contractual action for the purchase of initial spares. CommentsClose CommentsPermalink





‘(d) Inclusion of Nonurgent Requirements- Requirements for spare parts and support equipment that are not needed on an urgent basis may not be included in an undefinitized contractual action by the Coast Guard for spare parts and support equipment that are needed on an urgent basis unless the Commandant approves such inclusion as being-- CommentsClose CommentsPermalink





‘(1) good business practice; and CommentsClose CommentsPermalink





‘(2) in the best interests of the United States. CommentsClose CommentsPermalink





‘(e) Modification of Scope- The scope of an undefinitized contractual action under which performance has begun may not be modified unless the Commandant approves such modification as being-- CommentsClose CommentsPermalink





‘(1) good business practice; and CommentsClose CommentsPermalink





‘(2) in the best interests of the United States. CommentsClose CommentsPermalink





‘(f) Allowable Profit- The Commandant shall ensure that the profit allowed on an undefinitized contractual action for which the final price is negotiated after a substantial portion of the performance required is completed reflects-- CommentsClose CommentsPermalink





‘(1) the possible reduced cost risk of the contractor with respect to costs incurred during performance of the contract before the final price is negotiated; and CommentsClose CommentsPermalink





‘(2) the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract. CommentsClose CommentsPermalink





‘(g) Definitions- In this section: CommentsClose CommentsPermalink





‘(1) UNDEFINITIZED CONTRACTUAL ACTION- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (B), the term ‘undefinitized contractual action’ means a new procurement action entered into by the Coast Guard for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. CommentsClose CommentsPermalink





‘(B) EXCLUSION- The term ‘undefinitized contractual action’ does not include contractual actions with respect to-- CommentsClose CommentsPermalink





‘(i) foreign military sales; CommentsClose CommentsPermalink





‘(ii) purchases in an amount not in excess of the amount of the simplified acquisition threshold; or CommentsClose CommentsPermalink





‘(iii) special access programs. CommentsClose CommentsPermalink





‘(2) QUALIFYING PROPOSAL- The term ‘qualifying proposal’ means a proposal that contains sufficient information to enable complete and meaningful audits of the information contained in the proposal as determined by the contracting officer. CommentsClose CommentsPermalink

‘Subchapter 2--Improved Acquisition Process and Procedures

‘571. Identification of major system acquisitions

‘(a) In General- CommentsClose CommentsPermalink





‘(1) SUPPORT MECHANISMS- The Commandant shall develop and implement mechanisms to support the establishment of mature and stable operational requirements for acquisitions under this subchapter. CommentsClose CommentsPermalink





‘(2) MISSION ANALYSIS; AFFORDABILITY ASSESSMENT- The Commandant may not initiate a Level 1 or Level 2 acquisition project or program until the Commandant-- CommentsClose CommentsPermalink





‘(A) completes a mission analysis that-- CommentsClose CommentsPermalink





‘(i) identifies any gaps in capability; and CommentsClose CommentsPermalink





‘(ii) develops a clear mission need; and CommentsClose CommentsPermalink





‘(B) prepares a preliminary affordability assessment for the project or program. CommentsClose CommentsPermalink





‘(b) Elements- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(c) HUMAN RESOURCE CAPITAL PLANNING- The Commandant shall develop staffing predictions, define human capital performance initiatives, and identify preliminary training needs for any such project or program. CommentsClose CommentsPermalink





‘(d) DHS ACQUISITION APPROVAL- A Level 1 or Level 2 acquisition project or program may not be implemented unless it is approved by the Department of Homeland Security Acquisition Review Board or the Joint Review Board. CommentsClose CommentsPermalink

‘572. Acquisition

‘(a) IN GENERAL- The Commandant may not establish a Level 1 or Level 2 acquisition project or program approved under section 571(d) until the Commandant-- CommentsClose CommentsPermalink





‘(1) clearly defines the operational requirements for the project or program; CommentsClose CommentsPermalink





‘(2) establishes the feasibility of alternatives; CommentsClose CommentsPermalink





‘(3) develops an acquisition project or program baseline; CommentsClose CommentsPermalink





‘(4) produces a life-cycle cost estimate; and CommentsClose CommentsPermalink





‘(5) assesses the relative merits of alternatives to determine a preferred solution in accordance with the requirements of this section. CommentsClose CommentsPermalink





‘(b) Analysis of Alternatives- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commandant shall conduct an analysis of alternatives for the asset or capability to be acquired in an analyze and select phase of the acquisition process. CommentsClose CommentsPermalink





‘(2) REQUIREMENTS- The analysis of alternatives shall be conducted by a federally funded research and development center, a qualified entity of the Department of Defense, or a similar independent third party entity that has appropriate acquisition expertise and has no substantial financial interest in any part of the acquisition project or program that is the subject of the analysis. At a minimum, the analysis of alternatives shall include-- CommentsClose CommentsPermalink





‘(A) an assessment of the technical maturity, and technical and other risks; CommentsClose CommentsPermalink





‘(B) an examination of capability, interoperability, and other disadvantages; CommentsClose CommentsPermalink





‘(C) an evaluation of whether different combinations or quantities of specific assets or capabilities could meet the Coast Guard’s overall performance needs; CommentsClose CommentsPermalink





‘(D) a discussion of key assumptions and variables, and sensitivity to change in such assumptions and variables; CommentsClose CommentsPermalink





‘(E) when an alternative is an existing asset or prototype, an evaluation of relevant safety and performance records and costs; CommentsClose CommentsPermalink





‘(F) a calculation of life-cycle costs including-- CommentsClose CommentsPermalink





‘(i) an examination of likely research and development costs and the levels of uncertainty associated with such estimated costs; CommentsClose CommentsPermalink





‘(ii) an examination of likely production and deployment costs and levels of uncertainty associated with such estimated costs; CommentsClose CommentsPermalink





‘(iii) an examination of likely operating and support costs and the levels of uncertainty associated with such estimated costs; CommentsClose CommentsPermalink





‘(iv) if they are likely to be significant, an examination of likely disposal costs and the levels of uncertainty associated with such estimated costs; and CommentsClose CommentsPermalink





‘(v) such additional measures as the Commandant or the Secretary of Homeland Security determines to be necessary for appropriate evaluation of the asset; and CommentsClose CommentsPermalink





‘(G) the business case for each viable alternative. CommentsClose CommentsPermalink





‘(c) Test and Evaluation Master Plan- CommentsClose CommentsPermalink





‘(1) IN GENERAL- For any Level 1 or Level 2 acquisition project or program the Chief Acquisition Officer shall approve a test and evaluation master plan specific to the acquisition project or program for the capability, asset, or subsystems of the capability or asset and intended to minimize technical, cost, and schedule risk as early as practicable in the development of the project or program. CommentsClose CommentsPermalink





‘(2) TEST AND EVALUATION STRATEGY- The master plan shall-- CommentsClose CommentsPermalink





‘(A) set forth an integrated test and evaluation strategy that will verify that capability-level or asset-level and subsystem-level design and development, including performance and supportability, have been sufficiently proven before the capability, asset, or subsystem of the capability or asset is approved for production; and CommentsClose CommentsPermalink





‘(B) require that adequate developmental tests and evaluations and operational tests and evaluations established under subparagraph (A) are performed to inform production decisions. CommentsClose CommentsPermalink





‘(3) OTHER COMPONENTS OF THE MASTER PLAN- At a minimum, the master plan shall identify-- CommentsClose CommentsPermalink





‘(A) the key performance parameters to be resolved through the integrated test and evaluation strategy; CommentsClose CommentsPermalink





‘(B) critical operational issues to be assessed in addition to the key performance parameters; CommentsClose CommentsPermalink





‘(C) specific development test and evaluation phases and the scope of each phase; CommentsClose CommentsPermalink





‘(D) modeling and simulation activities to be performed, if any, and the scope of such activities; CommentsClose CommentsPermalink





‘(E) early operational assessments to be performed, if any, and the scope of such assessments; CommentsClose CommentsPermalink





‘(F) operational test and evaluation phases; CommentsClose CommentsPermalink





‘(G) an estimate of the resources, including funds, that will be required for all test, evaluation, assessment, modeling, and simulation activities; and CommentsClose CommentsPermalink





‘(H) the Government entity or independent entity that will perform the test, evaluation, assessment, modeling, and simulation activities. CommentsClose CommentsPermalink





‘(4) UPDATE- The Chief Acquisition Officer shall approve an updated master plan whenever there is a revision to project or program test and evaluation strategy, scope, or phasing. CommentsClose CommentsPermalink





‘(5) LIMITATION- The Coast Guard may not-- CommentsClose CommentsPermalink





‘(A) proceed beyond that phase of the acquisition process that entails approving the supporting acquisition of a capability or asset before the master plan is approved by the Chief Acquisition Officer; or CommentsClose CommentsPermalink





‘(B) award any production contract for a capability, asset, or subsystem for which a master plan is required under this subsection before the master plan is approved by the Chief Acquisition Officer. CommentsClose CommentsPermalink





‘(d) Life-cycle cost estimates- CommentsClose CommentsPermalink





‘(1) In general- The Commandant shall implement mechanisms to ensure the development and regular updating of life-cycle cost estimates for each Level 1 or Level 2 acquisition to ensure that these estimates are considered in decisions to develop or produce new or enhanced capabilities and assets. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(e) DHS ACQUISITION APPROVAL- A project or program may not enter the obtain phase under section 573 unless the Department of Homeland Security Acquisition Review Board or the Joint Review Board (or other entity to which such responsibility is delegated by the Secretary of Homeland Security) has approved the analysis of alternatives for the project. The Joint Review Board may also approve the low rates initial production quantity for the project or program if such an initial production quantity is planned by the acquisition project or program and deemed appropriate by the Joint Review Board. CommentsClose CommentsPermalink

‘573. Preliminary development and demonstration

‘(a) IN GENERAL- The Commandant shall ensure that developmental test and evaluation, operational test and evaluation, life cycle cost estimates, and the development and demonstration requirements are met to confirm that the projects or programs meet the requirements described in the mission-needs statement and the operational-requirements document and the following development and demonstration objectives: CommentsClose CommentsPermalink





‘(1) To demonstrate that the most promising design, manufacturing, and production solution is based upon a stable, producible, and cost-effective product design. CommentsClose CommentsPermalink





‘(2) To ensure that the product capabilities meet contract specifications, acceptable operational performance requirements, and system security requirements. CommentsClose CommentsPermalink





‘(3) To ensure that the product design is mature enough to commit to full production and deployment. CommentsClose CommentsPermalink





‘(b) Tests and Evaluations- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commandant shall ensure that the Coast Guard conducts developmental tests and evaluations and operational tests and evaluations of a capability or asset and the subsystems of the capability or asset for which a master plan has been prepared under section 572(c)(1). CommentsClose CommentsPermalink





‘(2) USE OF THIRD PARTIES- The Commandant shall ensure that the Coast Guard uses independent 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 evaluations required by a master plan. CommentsClose CommentsPermalink





‘(3) COMMUNICATION OF SAFETY CONCERNS- The Commandant shall require that safety concerns identified during developmental or operational tests and evaluations or through independent or Government-conducted design assessments of capabilities or assets and subsystems of capabilities or assets to be acquired by the Coast Guard shall be communicated 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. CommentsClose CommentsPermalink





‘(4) ASSET ALREADY IN LOW, INITIAL, OR FULL-RATE PRODUCTION- If operational test and evaluation on 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 during developmental or operational test and evaluation, the Commandant shall-- CommentsClose CommentsPermalink





‘(A) notify the program manager and the Chief Acquisition 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 CommentsClose CommentsPermalink





‘(B) notify the Chief Acquisition Officer and include in such notification-- CommentsClose CommentsPermalink





‘(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 assets yet to be produced, and the date by which those actions will be taken; CommentsClose CommentsPermalink





‘(ii) an explanation of the actions that will be taken to correct or mitigate the safety concern in previously produced capabilities or assets and subsystems of the capabilities or assets, and the date by which those actions will be taken; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(c) Technical Certification- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commandant shall--ensure that any Level 1 or Level 2 acquisition project or program is certified by the technical authority of the Coast Guard after review by an independent third party with capabilities in the mission area, asset, or particular asset component. CommentsClose CommentsPermalink





‘(2) TEMPEST TESTING- The Commandant shall-- CommentsClose CommentsPermalink





‘(A) cause all electronics on all aircraft, surface, and shore assets that require TEMPEST certification and that are delivered after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011 to be tested in accordance with master plan standards and communications security standards by an independent third party that is authorized by the Federal Government to perform such testing; and CommentsClose CommentsPermalink





‘(B) certify that the assets meet all applicable TEMPEST requirements. CommentsClose CommentsPermalink





‘(3) VESSEL CLASSIFICATION- The Commandant shall cause each cutter, other than the National Security Cutter, acquired by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011 is to be classed by the American Bureau of Shipping before final acceptance. CommentsClose CommentsPermalink





‘(d) ACQUISITION DECISION- The Commandant may not proceed to full scale production, deployment, and support of a Level 1 or Level 2 acquisition project or program unless the Department of Homeland Security Acquisition Review Board has verified that the delivered asset or system meets the project or program performance and cost goals. CommentsClose CommentsPermalink

‘574. Acquisition, production, deployment, and support

‘(a) IN GENERAL- The Commandant shall-- CommentsClose CommentsPermalink





‘(1) ensure there is a stable and efficient production and support capability to develop an asset or system; CommentsClose CommentsPermalink





‘(2) conduct follow on testing to confirm and monitor performance and correct deficiencies; and CommentsClose CommentsPermalink





‘(3) conduct acceptance tests and trails upon the delivery of each asset or system to ensure the delivered asset or system achieves full operational capability. CommentsClose CommentsPermalink





‘(b) ELEMENTS- The Commandant shall-- CommentsClose CommentsPermalink





‘(1) execute the productions contracts; CommentsClose CommentsPermalink





‘(2) ensure the delivered products meet operational cost and schedules requirements established in the acquisition program baseline; CommentsClose CommentsPermalink





‘(3) validate manpower and training requirements to meet system needs to operate, maintain, support, and instruct the system; and CommentsClose CommentsPermalink





‘(4) prepare a project or program transition plan to enter into programmatic sustainment, operations, and support. CommentsClose CommentsPermalink

‘575. Acquisition program baseline breach

‘(a) In General- The Commandant shall submit a report to the appropriate congressional committees 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-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(b) Content- The report submitted under subsection (a) shall include-- CommentsClose CommentsPermalink





‘(1) a detailed description of the breach and an explanation of its cause; CommentsClose CommentsPermalink





‘(2) the projected impact to performance, cost, and schedule; CommentsClose CommentsPermalink





‘(3) an updated acquisition program baseline and the complete history of changes to the original acquisition program baseline; CommentsClose CommentsPermalink





‘(4) the updated acquisition schedule and the complete history of changes to the original schedule; CommentsClose CommentsPermalink





‘(5) a full life-cycle cost analysis for the capability or asset or class of capabilities or assets; CommentsClose CommentsPermalink





‘(6) a remediation plan identifying corrective actions and any resulting issues or risks; and CommentsClose CommentsPermalink





‘(7) a description of how progress in the remediation plan will be measured and monitored. CommentsClose CommentsPermalink





‘(c) Substantial Variances in Costs or Schedule- If a likely cost overrun is greater than 25 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 certification, with a supporting explanation, that-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(2) there are no alternatives to such capability or asset or capability or asset class which will provide equal or greater capability in both a more cost-effective and timely manner; CommentsClose CommentsPermalink





‘(3) the new acquisition schedule and estimates for total acquisition cost are reasonable; and CommentsClose CommentsPermalink





‘(4) the management structure for the acquisition program is adequate to manage and control performance, cost, and schedule. CommentsClose CommentsPermalink

‘Subchapter 3--Definitions

‘581. Definitions

‘In this chapter: CommentsClose CommentsPermalink





‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means the House of Representatives Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation. CommentsClose CommentsPermalink





‘(2) CHIEF ACQUISITION OFFICER- The term ‘Chief Acquisition Officer’ means the officer appointed under section 55 of this title. CommentsClose CommentsPermalink





‘(3) COMMANDANT- The term ‘Commandant’ means the Commandant of the Coast Guard. CommentsClose CommentsPermalink





‘(4) JOINT REVIEW BOARD- The term ‘Joint Review Board’ means the Department of Homeland Security’s Investment Review Board, Joint Requirements Council, or other entity within the Department designated by the Secretary as the Joint Review Board for purposes of this chapter. CommentsClose CommentsPermalink





‘(5) LEVEL 1 ACQUISITION- The term ‘Level 1 acquisition’ means-- CommentsClose CommentsPermalink





‘(A) an acquisition by the Coast Guard-- CommentsClose CommentsPermalink





‘(i) the estimated life-cycle costs of which exceed $1,000,000,000; or CommentsClose CommentsPermalink





‘(ii) the estimated total acquisition costs of which exceed $300,000,000; or CommentsClose CommentsPermalink





‘(B) any acquisition that the Chief Acquisition Officer of the Coast Guard determines to have a special interest-- CommentsClose CommentsPermalink





‘(i) due to-- CommentsClose CommentsPermalink





‘(I) the experimental or technically immature nature of the asset; CommentsClose CommentsPermalink





‘(II) the technological complexity of the asset; CommentsClose CommentsPermalink





‘(III) the commitment of resources; or CommentsClose CommentsPermalink





‘(IV) the nature of the capability or set of capabilities to be achieved; or CommentsClose CommentsPermalink





‘(ii) because such acquisition is a joint acquisition. CommentsClose CommentsPermalink





‘(6) LEVEL 2 ACQUISITION- The term ‘Level 2 acquisition’ means an acquisition by the Coast Guard-- CommentsClose CommentsPermalink





‘(A) the estimated life-cycle costs of which are equal to or less than $1,000,000,000, but greater than $300,000,000; or CommentsClose CommentsPermalink





‘(B) the estimated total acquisition costs of which are equal to or less than $300,000,0000, but greater than $100,000,000. CommentsClose CommentsPermalink





‘(7) LIFE-CYCLE COST- The term ‘life-cycle cost’ means all costs for development, procurement, construction, and operations and support for a particular capability or asset, without regard to funding source or management control. CommentsClose CommentsPermalink





‘(8) SAFETY CONCERN- The term ‘safety concern’ means any hazard associated with a capability or asset or a subsystem of a capability or asset that is likely to cause serious bodily injury or death to a typical Coast Guard user in testing, maintaining, repairing, or operating the capability, asset, or subsystem or any hazard associated with the capability, asset, or subsystem that is likely to cause major damage to the capability, asset, or subsystem during the course of its normal operation by a typical Coast Guard user.’. CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENT- The part analysis for part I of title 14, United States Code, is amended by inserting after the item relating to chapter 13 the following: CommentsClose CommentsPermalink

‘15. AcquisitionsCommentsClose CommentsPermalink

561’.CommentsClose CommentsPermalink

SEC. 503. REPORT AND GUIDANCE ON EXCESS PASS-THROUGH CHARGES.

(a) Comptroller General Report- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Comptroller General shall issue a report on pass-through charges on contracts, subcontracts, delivery orders, and task orders that were executed by a lead systems integrator under contract to the Coast Guard during the 3 full calendar years preceding the date of enactment of this Act. CommentsClose CommentsPermalink





(2) MATTERS COVERED- The report under this subsection-- CommentsClose CommentsPermalink





(A) shall assess the extent to which the Coast Guard paid excessive pass-through charges to contractors or subcontractors that provided little or no value to the performance of a contract or the production of a procured asset; and CommentsClose CommentsPermalink





(B) shall assess the extent to which the Coast Guard has been particularly vulnerable to excessive pass-through charges on any specific category of contracts or by any specific category of contractors. CommentsClose CommentsPermalink





(b) Guidance Required- CommentsClose CommentsPermalink





(1) In General- Not later than 180 days after the date of enactment of this Act, the Commandant shall prescribe guidance to ensure that pass-through charges on contracts, subcontracts, delivery orders, and task orders that are executed with a private entity acting as a lead systems integrator by or on behalf of the Coast Guard are not excessive in relation to the cost of work performed by the relevant contractor or subcontractor. The guidance shall, at a minimum-- CommentsClose CommentsPermalink





(A) set forth clear standards for determining when no, or negligible, value has been added to a contract by a contractor or subcontractor; CommentsClose CommentsPermalink





(B) set forth procedures for preventing the payment by the Government of excessive pass-through charges; and CommentsClose CommentsPermalink





(C) identify any exceptions determined by the Commandant to be in the best interest of the Government. CommentsClose CommentsPermalink





(2) SCOPE OF GUIDANCE- The guidance prescribed under this subsection-- CommentsClose CommentsPermalink





(A) shall not apply to any firm, fixed-price contract or subcontract, delivery order, or task order that is-- CommentsClose CommentsPermalink





(i) awarded on the basis of adequate price competition, as determined by the Commandant; or CommentsClose CommentsPermalink





(ii) for the acquisition of a commercial item, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and CommentsClose CommentsPermalink





(B) may include such additional exceptions as the Commandant determines to be necessary in the interest of the United States. CommentsClose CommentsPermalink





(c) Excessive Pass-Through Charge Defined- In this section the term ‘excessive pass-through charge’, with respect to a contractor or subcontractor that adds no, or negligible, value to a contract or subcontract, means a charge to the Government by the contractor or subcontractor that is for overhead or profit on work performed by a lower-tier contractor or subcontractor, other than reasonable charges for the direct costs of managing lower-tier contractors and subcontracts and overhead and profit based on such direct costs. CommentsClose CommentsPermalink





(d) Application of Guidance- The guidance prescribed under this section shall apply to contracts awarded to a private entity acting as a lead systems integrator by or on behalf of the Coast Guard on or after the date that is 360 days after the date of enactment of this Act. CommentsClose CommentsPermalink

TITLE VI--SHIPPING AND NAVIGATION CommentsClose CommentsPermalink

SEC. 601. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED STATES CODE.

(a) IN GENERAL- Chapter 313 of title 46, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking ‘of Transportation’ in sections 31302, 31306, 31321, 31330, and 31343 each place it appears; CommentsClose CommentsPermalink





(2) by striking ‘and’ after the semicolon in section 31301(5)(F); CommentsClose CommentsPermalink





(3) by striking ‘office.’ in section 31301(6) and inserting ‘office; and’; and CommentsClose CommentsPermalink





(4) by adding at the end of section 31301 the following: CommentsClose CommentsPermalink





‘(7) ‘Secretary’ means the Secretary of the Department of Homeland Security, unless otherwise noted.’. CommentsClose CommentsPermalink





(b) SECRETARY AS MORTGAGEE- Section 31308 of such title is amended by striking ‘When the Secretary of Commerce or Transportation is a mortgagee under this chapter, the Secretary’ and inserting ‘The Secretary of Commerce or Transportation, as a mortgagee under this chapter,’. CommentsClose CommentsPermalink





(c) SECRETARY OF TRANSPORTATION- Section 31329(d) of such title is amended by striking ‘Secretary.’ and inserting ‘Secretary of Transportation.’. CommentsClose CommentsPermalink





(d) Mortgagee- CommentsClose CommentsPermalink





(1) Section 31330(a)(1) of such title, as amended by subsection (a)(1) of this section, is amended-- CommentsClose CommentsPermalink





(A) by inserting ‘or’ after the semicolon in subparagraph (B); CommentsClose CommentsPermalink





(B) by striking ‘Secretary; or’ in subparagraph (C) and inserting ‘Secretary.’; and CommentsClose CommentsPermalink





(C) by striking subparagraph (D). CommentsClose CommentsPermalink





(2) Section 31330(a)(2) is amended-- CommentsClose CommentsPermalink





(A) by inserting ‘or’ after the semicolon in subparagraph (B); CommentsClose CommentsPermalink





(B) by striking ‘faith; or’ in subparagraph (C) and inserting ‘faith.’; and CommentsClose CommentsPermalink





(C) by striking subparagraph (D). CommentsClose CommentsPermalink

SEC. 602. CLARIFICATION OF RULEMAKING AUTHORITY.

(a) IN GENERAL- Chapter 701 of title 46, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘Sec. 70122. Regulations

‘Unless otherwise provided, the Secretary may issue regulations necessary to implement this chapter.’. CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The table of contents for chapter 701 of such title is amended by adding at the end the following new item: CommentsClose CommentsPermalink





‘70122. Regulations.’. CommentsClose CommentsPermalink

SEC. 603. COAST GUARD TO MAINTAIN LORAN-C NAVIGATION SYSTEM.

(a) IN GENERAL- The Secretary of Transportation shall maintain the LORAN-C navigation system until such time as the Secretary is authorized by statute, explicitly referencing this section, to cease operating the system but expedite modernization projects necessary for transition to eLORAN technology. CommentsClose CommentsPermalink





(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of Transportation, in addition to funds authorized under section 101 of this Act for the Coast Guard for operation of the LORAN-C system and for the transition to eLORAN, for capital expenses related to the LORAN-C infrastructure and to modernize and upgrade the LORAN infrastructure to provide eLORAN services, $37,000,000 for each of fiscal years 2010 and 2011. The Secretary of Transportation may transfer from the Federal Aviation Administration and other agencies of the Department of Transportation such funds as may be necessary to reimburse the Coast Guard for related expenses. CommentsClose CommentsPermalink





(c) REPORT ON TRANSITION TO ELORAN TECHNOLOGY- No later than 6 months after the date of enactment of this Act, the Secretary of Transportation, in cooperation with the Secretary of the Department in which the Coast Guard is operating, shall provide a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a detailed 5-year plan for transition to eLORAN technology that includes-- CommentsClose CommentsPermalink





(1) the timetable, milestones, projects, and future funding required to complete the transition from LORAN-C to eLORAN technology for provision of positioning, navigation, and timing services; and CommentsClose CommentsPermalink





(2) the benefits of eLORAN for national transportation safety, security, and economic growth. CommentsClose CommentsPermalink

SEC. 604. ICEBREAKERS.

(a) ANALYSES- Not later than 90 days after the date of enactment of this Act or the date of completion of the ongoing High Latitude Study to assess polar ice-breaking mission requirements, which ever occurs later, the Commandant of the Coast Guard shall-- CommentsClose CommentsPermalink





(1) conduct a comparative cost-benefit analysis of-- CommentsClose CommentsPermalink





(A) rebuilding, renovating, or improving the existing fleet of polar icebreakers for operation by the Coast Guard, CommentsClose CommentsPermalink





(B) constructing new polar icebreakers for operation by the Coast Guard for operation by the Coast Guard, and CommentsClose CommentsPermalink





(C) any combination of the activities described in subparagraphs (A) and (B), to carry out the missions of the Coast Guard; and CommentsClose CommentsPermalink





(2) conduct an analysis of the impact on mission capacity and the ability of the United States to maintain a presence in the polar regions through the year 2020 if recapitalization of the polar icebreaker fleet, either by constructing new polar icebreakers or rebuilding, renovating, or improving the existing fleet of polar icebreakers, is not fully funded. CommentsClose CommentsPermalink





(b) Reports to Congress- CommentsClose CommentsPermalink





(1) Not later than 90 days after the date of enactment of this Act or the date of completion of the ongoing High Latitude Study to assess polar ice-breaking mission requirements, which ever occurs later, the Commandant of the Coast Guard shall submit a report containing the results of the study, together with recommendations the Commandant deems appropriate undersection 93(a)(24) of title 14, United States Code, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. CommentsClose CommentsPermalink





(2) Not later than 1 year after the date of enactment of this Act, the Commandant shall submit reports containing the results of the analyses required under paragraphs (1) and (2) of subsection (a), together with recommendations the Commandant deems appropriate undersection 93(a)(24) of title 14, United States Code, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. CommentsClose CommentsPermalink

SEC. 605. VESSEL SIZE LIMITS.

(a) Length, Tonnage, and Horsepower-Section 12113(d)(2) of title 46, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by inserting ‘and’ after the semicolon at the end of subparagraph (A)(i); CommentsClose CommentsPermalink





(2) by striking ‘and’ at the end of subparagraph (A)(ii); CommentsClose CommentsPermalink





(3) by striking subparagraph (A)(iii); CommentsClose CommentsPermalink





(4) by striking the period at the end of subparagraph (B) and inserting ‘‘authority.’ in subparagraph (B) and inserting ‘authority; or’; and CommentsClose CommentsPermalink





(5) by inserting at the end the following: CommentsClose CommentsPermalink





‘(C) the vessel is either a rebuilt vessel or a replacement vessel under section 208(g) of the American Fisheries Act (title II of division C ofPublic Law 105-277; 112 Stat. 2681-627) and is eligible for a fishery endorsement under this section.’. CommentsClose CommentsPermalink





(b) Conforming Amendments- CommentsClose CommentsPermalink





(1) VESSEL REBUILDING AND REPLACEMENT- Section 208(g) of the American Fisheries Act (title II of division C ofPublic Law 105-277; 112 Stat. 2681-627) is amended to read as follows: CommentsClose CommentsPermalink





‘(g) Vessel Rebuilding and Replacement- CommentsClose CommentsPermalink





‘(1) IN GENERAL- CommentsClose CommentsPermalink





‘(A) REBUILD OR REPLACE- Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and 679.4 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011 and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement undersection 12113 of title 46, United States Code. CommentsClose CommentsPermalink





‘(B) SAME REQUIREMENTS- The rebuilt or replacement vessel shall be eligible in the same manner and subject to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced. CommentsClose CommentsPermalink





‘(C) TRANSFER OF PERMITS AND LICENSES- Each fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced under subparagraph (A) shall be transferred to the rebuilt or replacement vessel. CommentsClose CommentsPermalink





‘(2) RECOMMENDATIONS OF NORTH PACIFIC COUNCIL- The North Pacific Council may recommend for approval by the Secretary such conservation and management measures, including size limits and measures to control fishing capacity, in accordance with the Magnuson-Stevens Act as it considers necessary to ensure that this subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska. CommentsClose CommentsPermalink





‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) ofsection 12113 of title 46, United States Code, a vessel that is eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)) and that qualifies to be documented with a fishery endorsement pursuant to section 203(g) or 213(g) may be replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly documented with a fishery endorsement pursuant to section 203(g) or 213(g) before the replacement vessel is documented with a fishery endorsement under section 12113 of title 46, United States Code. CommentsClose CommentsPermalink





‘(B) APPLICABILITY- A replacement vessel under subparagraph (A) and its owner and mortgagee are subject to the same limitations under section 203(g) or 213(g) that are applicable to the vessel that has been replaced and its owner and mortgagee. CommentsClose CommentsPermalink





‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for the Pacific whiting fishery) managed under the authority of any regional fishery management council (other than the North Pacific Council) established under section 302(a) of the Magnuson-Stevens Act. CommentsClose CommentsPermalink





‘(B) COVERED VESSELS- A covered vessel referred to in subparagraph (A) is-- CommentsClose CommentsPermalink





‘(i) a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph (1); or CommentsClose CommentsPermalink





‘(ii) a vessel eligible under subsection (a), (b), or (c) that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower. CommentsClose CommentsPermalink





‘(5) LIMITATION ON FISHERY ENDORSEMENTS- Any vessel that is replaced under this subsection shall thereafter not be eligible for a fishery endorsement undersection 12113 of title 46, United States Code, unless that vessel is also a replacement vessel described in paragraph (1). CommentsClose CommentsPermalink





‘(6) GULF OF ALASKA LIMITATION- Notwithstanding paragraph (1), the Secretary shall prohibit from participation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the maximum length overall specified on the license that authorizes fishing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011. CommentsClose CommentsPermalink





‘(7) AUTHORITY OF PACIFIC COUNCIL- Nothing in this section shall be construed to diminish or otherwise affect the authority of the Pacific Council to recommend to the Secretary conservation and management measures to protect fisheries under its jurisdiction (including the Pacific whiting fishery) and participants in such fisheries from adverse impacts caused by this Act.’. CommentsClose CommentsPermalink





(2) EXEMPTION OF CERTAIN VESSELS- Section 203(g) of the American Fisheries Act (title II of division C ofPublic Law 105-277; 112 Stat. 2681-620) is amended-- CommentsClose CommentsPermalink





(A) by inserting ‘and’ after ‘(United States official number 651041)’; CommentsClose CommentsPermalink





(B) by striking ‘, NORTHERN TRAVELER (United States official number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN VOYAGER that complies with paragraphs (2), (5), and (6) of section 208(g) of this Act)’; and CommentsClose CommentsPermalink





(C) by striking ‘, in the case of the NORTHERN’ and all that follows through ‘PHOENIX,’. CommentsClose CommentsPermalink





(3) FISHERY COOPERATIVE EXIT PROVISIONS- Section 210(b) of the American Fisheries Act (title II of division C ofPublic Law 105-277; 112 Stat. 2681-629) is amended-- CommentsClose CommentsPermalink





(A) by moving the matter beginning with ‘the Secretary shall’ in paragraph (1) 2 ems to the right; and CommentsClose CommentsPermalink





(B) by adding at the end the following: CommentsClose CommentsPermalink





‘(7) FISHERY COOPERATIVE EXIT PROVISIONS- CommentsClose CommentsPermalink





‘(A) FISHING ALLOWANCE DETERMINATION- For purposes of determining the aggregate percentage of directed fishing allowances under paragraph (1), when a catcher vessel is removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed-- CommentsClose CommentsPermalink





‘(i) shall be based on the catch history determination for the vessel made pursuant to section 679.62 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2008; and CommentsClose CommentsPermalink





‘(ii) shall be assigned, for all purposes under this title, in the manner specified by the owner of the vessel being removed to any other catcher vessel or among other catcher vessels participating in the fishery cooperative if such vessel or vessels remain in the fishery cooperative for at least one year after the date on which the vessel being removed leaves the directed pollock fishery. CommentsClose CommentsPermalink





‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT- Except as provided in subparagraph (C), a vessel that is removed pursuant to this paragraph shall be permanently ineligible for a fishery endorsement, and any claim (including relating to catch history) associated with such vessel that could qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic zone of the United States shall be extinguished, unless such removed vessel is thereafter designated to replace a vessel to be removed pursuant to this paragraph. CommentsClose CommentsPermalink





‘(C) LIMITATIONS ON STATUTORY CONSTRUCTION- Nothing in this paragraph shall be construed-- CommentsClose CommentsPermalink





‘(i) to make the vessels AJ (United States official number 905625), DONA MARTITA (United States official number 651751), NORDIC EXPLORER (United States official number 678234), and PROVIDIAN (United States official number 1062183) ineligible for a fishery endorsement or any permit necessary to participate in any fishery under the authority of the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens Act; or CommentsClose CommentsPermalink





‘(ii) to allow the vessels referred to in clause (i) to participate in any fishery under the authority of the Councils referred to in clause (i) in any manner that is not consistent with the fishery management plan for the fishery developed by the Councils under section 303 of the Magnuson-Stevens Act.’. CommentsClose CommentsPermalink

TITLE VII--VESSEL CONVEYANCE CommentsClose CommentsPermalink

SEC. 701. SHORT TITLE.

This title may be cited as the ‘Vessel Conveyance Act’. CommentsClose CommentsPermalink

SEC. 702. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.

(a) IN GENERAL- Whenever the transfer of ownership of a Coast Guard vessel to an eligible entity for use for educational, cultural, historical, charitable, recreational, or other public purposes is authorized by law, the Coast Guard shall transfer the vessel to the General Services Administration for conveyance to the eligible entity. CommentsClose CommentsPermalink





(b) CONDITIONS OF CONVEYANCE- The General Services Administration may not convey a vessel to an eligible entity as authorized by law unless the eligible entity agrees-- CommentsClose CommentsPermalink





(1) to provide the documentation needed by the General Services Administration to process a request for aircraft or vessels under section 102.37.225 of title 41, Code of Federal Regulations; CommentsClose CommentsPermalink





(2) to comply with the special terms, conditions, and restrictions imposed on aircraft and vessels under section 102-37.460 of such title; CommentsClose CommentsPermalink





(3) to make the vessel available to the United States Government if it is needed for use by the Commandant of the Coast Guard in time of war or a national emergency; and CommentsClose CommentsPermalink





(4) to hold the United States Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls, after conveyance of the vessel, except for claims arising from use of the vessel by the United States Government under paragraph (3). CommentsClose CommentsPermalink





(c) ELIGIBLE ENTITY DEFINED- In this section, the term ‘eligible entity’ means a State or local government, nonprofit corporation, educational agency, community development organization, or other entity that agrees to comply with the conditions established under this section. CommentsClose CommentsPermalink

SEC. 901. HOMEPORTING OF THE BIGELOW.