Title 14 — Coast Guard
Chapter 11 — Acquisitions
§ 1152. Advance procurement funding
Statutory text
In General.—
With respect to any Coast Guard vessel for which amounts are appropriated and any amounts otherwise made available for vessels for the Coast Guard in any fiscal year, the Commandant may enter into a contract or place an order, in advance of a contract or order for construction of a vessel, for—
materials, parts, components, and labor for the vessel;
the advance construction of parts or components for the vessel;
protection and storage of materials, parts, or components for the vessel; and
production planning, design, and other related support services that reduce the overall procurement lead time of the vessel.
Use of Materials, Parts, and Components Manufactured in the United States.—
In entering into contracts and placing orders under subsection (a), the Commandant may give priority to persons that manufacture materials, parts, and components in the United States.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Coast Guard and Maritime Transportation Act of 2012
Pub. L. 112–213 title II § 211(a) · 126 Stat. 1540
Enacted · 14 U.S.C. § 1152
Added Pub. L. 112–213, title II, § 211(a), Dec. 20, 2012, 126 Stat. 1551, § 577
Source evidence
Code source credit
Added Pub. L. 112–213, title II, § 211(a), Dec. 20, 2012, 126 Stat. 1551, § 577Enacted provision · exact public law section
(a) In General.— Subchapter II of chapter 15 of title 14, United States Code, is amended by adding at the end the following: “§ 577. Advance procurement funding “(a) In General.— With respect to any Coast Guard vessel for which amounts are appropriated and any amounts otherwise made available for vessels for the Coast Guard in any fiscal year, the Commandant of the Coast Guard may enter into a contract or place an order, in advance of a contract or order for construction of a vessel, for— “(1) materials, parts, components, and labor for the vessel; “(2) the advance construction of parts or components for the vessel; “(3) protection and storage of materials, parts, or components for the vessel; and “(4) production planning, design, and other related support services that reduce the overall procurement lead time of the vessel. “(b) Use of Materials, Parts, and Components Manufactured in the United States.— In entering into contracts and placing orders under subsection (a), the Commandant may give priority to persons that manufacture materials, parts, and components in the United States.” .John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. C title XXXV § 3531(c)(7) · 132 Stat. 1636
Substituted · 14 U.S.C. § 1152(a)
Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions.Enacted provision · exact public law section
(7) in section 577(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 108(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 1152
Pub. L. 115–282 renumbered section 577 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 577 of this title as this section.Enacted provision · exact public law section
(b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 11 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 561Acquisition directorate1101 562Improvements in Coast Guard acquisition management1102 578Role of Vice Commandant in major acquisition programs1103 563Recognition of Coast Guard personnel for excellence in acquisition1104 564Prohibition on use of lead systems integrators1105 565Required contract terms1106 579Extension of major acquisition program contracts1107 566Department of Defense consultation1108 567Undefinitized contractual actions1109 569Mission need statement1110 571Identification of major system acquisitions1131 572Acquisition1132 573Preliminary development and demonstration1133 574Acquisition, production, deployment, and support1134 575Acquisition program baseline breach1135 576Acquisition approval authority1136 665Restriction on construction of vessels in foreign shipyards1151 577Advance procurement funding1152 96Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards1153 97Procurement of buoy chain1154 657Contract termination1155 581Definitions1171
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 577 of this title as this section.
Subsec. (a). Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions.
Statutory Notes and Related Subsidiaries
Long Lead Time Materials and Vessel Production; Immediate Availability of Funding
Pub. L. 113–6, div. D, title V, § 557, , 127 Stat. 377, provided that:
“(a) Notwithstanding Office of Management and Budget Circular A–11, funds made available in fiscal year 2013, or any fiscal year thereafter, under Department of Homeland Security, Coast Guard, ‘Acquisition, Construction, and Improvements’ for—
“(1) long lead time materials, components, and designs of a vessel of the Coast Guard shall be immediately available and allotted to make a contract award notwithstanding the availability of funds for production, outfitting, post-delivery activities, and spare or repair parts; and
“(2) production of a vessel of the Coast Guard shall be immediately available and allotted to make a contract award notwithstanding the availability of funds for outfitting, post-delivery activities, and spare or repair parts.
“(b) The Secretary of Homeland Security shall develop fiscal policy that prescribes Coast Guard budgetary policies, procedures and technical direction necessary to comply with subsection (a) of this section and consistent with the Department of Defense Financial Management Regulation (Volume 2A, Chapter 1 C. Procedures for Full Funding) to include the costs associated with outfitting and post-delivery activities; spare and repair parts; and long lead time materials. The requirement set forth in this section shall not preclude the immediate availability or allotment of funds for fiscal year 2013, pursuant to subsection (a).
“(c) In this section—
“(1) the term ‘long lead time items’ means components, parts, material, or effort which must be procured in advance of the production award in order to maintain the production schedule;
“(2) the term ‘outfitting’ means procurement or installation of onboard repair parts, other secondary items, equipage, and recreation items; precommissioning crew support; general use consumables furnished to the shipbuilder; the fitting out activity to fill a vessel’s initial allowances; and contractor-furnished spares; and
“(3) the term ‘post-delivery activities’ means design, planning, Government-furnished material, and related labor for non-production and non-long lead time items contract activities and other work, including certifications, full operational capability activities and other equipment installation; spares, logistics, technical analysis, and support; correction of Government-responsible defects and deficiencies identified during builders trials, acceptance trials, and testing during the post-delivery period; costs of all work required to correct defects or deficiencies identified during the post-delivery period; and costs of all work required to correct trial card deficiencies on a vessel of a particular class, as well as on subsequent vessels of that class (whether or not delivered) until the corrective action for that cutter class is completed.”
Credits
2012–2018 · 3 acts
- 2012Added Pub. L. 112–213, title II, § 211(a), , 126 Stat. 1551, § 577
- 2018amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(7), , 132 Stat. 2320
- 2018renumbered § 1152, Pub. L. 115–282, title I, § 108(b), , 132 Stat. 4208.
Show as published
(Added Pub. L. 112–213, title II, § 211(a), , 126 Stat. 1551, § 577; amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(7), , 132 Stat. 2320; renumbered § 1152, Pub. L. 115–282, title I, § 108(b), , 132 Stat. 4208.)