§ 5110. Mission need statement

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.

1. 2010

   Coast Guard Authorization Act of 2010

   Pub. L. 111–281 title IV § 402(a) · 124 Stat. 2905

   Enacted · 14 U.S.C. § 5110

   Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2940, § 569

   Source evidence

   Code source credit
   Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2940, § 569

   Enacted provision · exact public law section
   (a) In General.— Part I of title 14, United States Code, is amended by inserting after chapter 13 the following: “Chapter 15— Acquisitions “subchapter i— general provisions “Sec. “561. Acquisition directorate. “562. Improvements in Coast Guard acquisition management. “563. Recognition of Coast Guard personnel for excellence in acquisition. “564. Prohibition on use of lead systems integrators. “565. Required contract terms. “566. Department of Defense consultation. “567. Undefinitized contractual actions. “568. Guidance on excessive pass-through charges. “569. Report on former Coast Guard officials employed by contractors to the agency. “subchapter ii— improved acquisition process and procedures “Sec. “571. Identification of major system acquisitions. “572. Acquisition. “573. Preliminary development and demonstration. “574. Acquisition, production, deployment, and support. “575. Acquisition program baseline breach. “576. Acquisition approval authority. “subchapter iii— definitions “581. Definitions. “SUBCHAPTER I— 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. “(b) Mission.— The mission of the acquisition directorate is— “(1) to acquire and deliver assets and systems that increase operational readiness, enhance mission performance, and create a safe working environment; and “(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. “§ 562. Improvements in Coast Guard acquisition management “(a) Project or Program Managers.— “(1) Level 1 projects.— An individual may not be assigned as the project or program manager for a Level 1 acquisition unless the individual holds a Level III acquisition certification as a program manager. “(2) Level 2 projects.— An individual may not be assigned as the project or program manager for a Level 2 acquisition unless the individual holds a Level II acquisition certification as a program manager. “(b) Guidance on Tenure and Accountability of Program and Project Managers.— “(1) Issuance of guidance.— 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 projects and programs. The guidance shall address, at a minimum— “(A) 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; “(B) 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; and “(C) the extent to which a project or program manager who initiates a new acquisition project or program will continue in management of that project or program without interruption until the delivery of the first production units of the program. “(2) Strategy.— “(A) In general.— Not later than 18 months after the date of enactment of this section, the Commandant shall develop a comprehensive strategy for enhancing the role of Coast Guard project or program managers in developing and carrying out acquisition programs. “(B) Matters to be addressed.— The strategy required by this section shall address, at a minimum— “(i) the creation of a specific career path and career opportunities for individuals who are or may become project or program managers, including the rotational assignments that will be provided to project or program managers; “(ii) the provision of enhanced training and educational opportunities for individuals who are or may become project or program managers; “(iii) the provision of mentoring support to current and future project or program managers by experienced senior executives and program managers within the Coast Guard, and through rotational assignments to the Department of Defense; “(iv) the methods by which the Coast Guard will collect and disseminate best practices and lessons learned on systems acquisition to enhance project and program management throughout the Coast Guard; “(v) the templates and tools that will be used to support improved data gathering and analysis for project and program management and oversight purposes, including the metrics that will be utilized to assess the effectiveness of Coast Guard project or program managers in managing systems acquisition efforts; and “(vi) the methods by which the accountability of project or program managers for the results of acquisition projects and programs will be increased. “(c) Acquisition Workforce.— “(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. “(2) Required positions.— In designating positions under subsection (a), the Commandant shall include, at a minimum, positions encompassing the following competencies and functions: “(A) Program management. “(B) Systems planning, research, development, engineering, and testing. “(C) Procurement, including contracting. “(D) Industrial and contract property management. “(E) Life-cycle logistics. “(F) Quality control and assurance. “(G) Manufacturing and production. “(H) Business, cost estimating, financial management, and auditing. “(I) Acquisition education, training, and career development. “(J) Construction and facilities engineering. “(K) Testing and evaluation. “(3) Acquisition management headquarter activities.— The Commandant shall also designate as positions in the acquisition workforce under paragraph (1) those acquisition-related positions located at Coast Guard headquarters units. “(4) Appropriate expertise required.— The Commandant shall ensure that each individual assigned to a position in the acquisition workforce has the appropriate expertise to carry out the responsibilities of that position. “(d) Management Information System.— “(1) In general.— The Commandant shall establish a management information system capability to improve acquisition workforce management and reporting. “(2) Information maintained.— Information maintained with such capability shall include the following standardized information on individuals assigned to positions in the workforce: “(A) Qualifications, assignment history, and tenure of those individuals assigned to positions in the acquisition workforce or holding acquisition-related certifications. “(B) Promotion rates for officers and members of the Coast Guard in the acquisition workforce. “(e) Report on Adequacy of Acquisition Workforce.— “(1) In general.— The Commandant shall report to the appropriate congressional committees and the Committee on Homeland Security of the House of Representatives by July 1 of each year on the scope of the acquisition activities to be performed in the next fiscal year and on the adequacy of the current acquisition workforce to meet that anticipated workload. “(2) Contents.— The report shall— “(A) specify the number of officers, members, and employees of the Coast Guard currently and planned to be assigned to each position designated under subsection (c); and “(B) identify positions that are understaffed to meet the anticipated acquisition workload, and actions that will be taken to correct such understaffing. “(f) Appointments to Acquisition Positions.— The Commandant shall ensure that no requirement or preference for officers or members of the Coast Guard is used in the consideration of persons for positions in the acquisition workforce. “(g) Career Paths.— “(1) Identification of career paths.— To establish acquisition management as a core competency of the Coast Guard, the Commandant shall— “(A) ensure that career paths for officers, members, and employees of the Coast Guard who wish to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career progression of those officers, members, and employees to the most senior positions in the acquisition workforce; and “(B) Publication. publish information on such career paths. “(2) Promotion parity.— The Commandant shall ensure that promotion parity is established for officers and members of the Coast Guard who have been assigned to the acquisition workforce relative to officers and members who have not been assigned to the acquisition workforce. “§ 563. 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. “(b) Elements.— The program shall include— “(1) specific award categories, criteria, and eligibility and manners of recognition; “(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 “(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. “(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. “§ 564. Prohibition on use of lead systems integrators “(a) In General.— “(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. “(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 Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation. “(3) No effect on small business act.— Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided by and under the Small Business Act (15 U.S.C. 631 et seq.). “(b) Exceptions.— “(1) National distress and response system modernization program; c4isr; national security cutters 2 and 3.— Notwithstanding Certification. 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 (otherwise known as the ‘Rescue 21’ program), the C4ISR projects directly related to the Integrated Deepwater program, and National Security Cutters 2 and 3, if the Secretary of the department in which the Coast Guard is operating certifies that— “(A) the acquisition is in accordance with Federal law and the Federal Acquisition Regulation; and “(B) the acquisition and the use of a private sector lead systems integrator for the acquisition is in the best interest of the Federal Government. “(2) Report on decisionmaking process.— If the Commandant uses a private sector lead systems integrator for an acquisition, the Commandant shall notify in writing the appropriate congressional committees of the Commandant’s determination and shall provide to such committees a detailed rationale for the determination, at least 30 days before the award of a contract or issuance of a delivery order or task order, using a private sector lead systems integrator, including a comparison of the cost of the acquisition through the private sector lead systems integrator with the expected cost if the acquisition were awarded directly to the manufacturer or shipyard. For purposes of that comparison, the cost of award directly to a manufacturer or shipyard shall include the costs of Government contract management and oversight. “(c) Limitation on Lead Systems Integrators.— Neither an entity performing lead systems integrator functions for a Coast Guard acquisition nor a Tier 1 subcontractor for any acquisition may have a financial interest in a subcontractor below the Tier 1 subcontractor level unless— “(1) the subcontractor was selected by the prime contractor through full and open competition for such procurement; “(2) the procurement was awarded by the lead systems integrator or a subcontractor through full and open competition; “(3) the procurement was awarded by a subcontractor through a process over which the lead systems integrator and a Tier 1 subcontractor exercised no control; or “(4) the Commandant has determined that the procurement was awarded in a manner consistent with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation. “(d) Termination Date for Exceptions.— Except as described in subsection (b)(1), the Commandant may not use a private sector entity as a lead systems integrator for acquisition contracts awarded, or task orders or delivery orders issued, after the earlier of— “(1) September 30, 2011; or “(2) the Certification. date on which the Commandant certifies in writing to the appropriate congressional committees that the Coast Guard has available and can retain sufficient acquisition workforce 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 systems integrator in an efficient and cost-effective manner. “§ 565. 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 or more 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— “(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; “(2) provides that the Commandant shall maintain the authority to establish, approve, and maintain technical requirements; “(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; “(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 “(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. “(b) Prohibited Provisions.— “(1) In general.— 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 of 2010 does not include any provision allowing for equitable adjustment that is not consistent with the Federal Acquisition Regulations. “(2) Extension of program.— A contract, contract modification, or award term extending a contract with a lead systems integrator— “(A) may not include any minimum requirements for the purchase of a given or determinable number of specific capabilities or assets; and “(B) shall Review. Deadline. be reviewed by an independent third party with expertise in acquisition management, and the results of that review shall be submitted to the appropriate congressional committees at least 60 days prior to the award of the contract, contract modification, or award term. “(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. “(d) Technical Authority.— The Commandant shall maintain or designate the technical authority 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 56 of this title. “§ 566. 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. “(b) Interservice 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— “(1) the exchange of technical assistance and support that the Assistant Commandants for Acquisition, Human Resources, Engineering, and Information technology may identify; “(2) the use, as appropriate, of Navy technical expertise; and “(3) the temporary assignment or 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 Command, to facilitate the development of organic capabilities in the Coast Guard. “(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. “(d) Assessment.— Within Deadline. Reports. 180 days after the date of enactment of the Coast Guard Authorization Act for fiscal years 2010 and 2011, the Comptroller General of the United States shall transmit a report to the appropriate congressional committees that— “(1) contains an assessment of current Coast Guard acquisition and management capabilities to manage Level 1 and Level 2 acquisitions; “(2) includes recommendations as to how the Coast Guard can improve its acquisition management, either through internal reforms or by seeking acquisition expertise from the Department of Defense; and “(3) addresses specifically the question of whether the Coast Guard can better leverage Department of Defense or other agencies’ contracts that would meet the needs of Level 1 or Level 2 acquisitions in order to obtain the best possible price. “§ 567. 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. “(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. “(c) Requirements for Undefinitized Contractual Actions.— “(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— “(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 “(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. “(2) Limitation on obligations.— “(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. “(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. “(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— “(A) a contingency operation (as that term is defined in section 101(a)(13) of title 10); “(B) operations to prevent or respond to a transportation security incident (as defined in section 70101(6) of title 46); “(C) an operation in response to an emergency that poses an unacceptable threat to human health or safety or to the marine environment; or “(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.). “(4) Limitation on application.— This subsection does not apply to an undefinitized contractual action for the purchase of initial spares. “(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— “(1) good business practice; and “(2) in the best interests of the United States. “(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— “(1) good business practice; and “(2) in the best interests of the United States. “(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— “(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 “(2) the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract. “(g) Definitions.— In this section: “(1) Undefinitized contractual action.— “(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. “(B) Exclusion.— The term ‘undefinitized contractual action’ does not include contractual actions with respect to— “(i) foreign military sales; “(ii) purchases in an amount not in excess of the amount of the simplified acquisition threshold; or “(iii) special access programs. “(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. “§ 568. Guidance on excessive pass-through charges “(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 issue guidance to ensure that pass-through charges on contracts, subcontracts, delivery orders, and task orders that are entered into 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— “(1) set forth clear standards for determining when no, or negligible, value has been added to a contract by a contractor or subcontractor; “(2) set forth procedures for preventing the payment by the Government of excessive pass-through charges; and “(3) identify any exceptions determined by the Commandant to be in the best interest of the Government. “(b) 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. “(c) Application of Guidance.— The guidance under this subsection 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 the Coast Guard Authorization Act for Fiscal Years 2010 and 2011. “§ 569. Report on former Coast Guard officials employed by contractors to the agency “(a) Report Required.— Not later than December 31, 2011, and annually thereafter, the Comptroller General of the United States shall submit a report to the appropriate congressional committees on the employment during the preceding year by Coast Guard contractors of individuals who were Coast Guard officials in the previous 5-year period. The report shall assess the extent to which former Coast Guard officials were provided compensation by Coast Guard contractors in the preceding calendar year. “(b) Objectives of Report.— At a minimum, the report required by this section shall assess the extent to which former Coast Guard officials who receive compensation from Coast Guard contractors have been assigned by those contractors to work on contracts or programs between the contractor and the Coast Guard, including contracts or programs for which the former official personally had oversight responsibility or decisionmaking authority when they served in or worked for the Coast Guard. “(c) Confidentiality Requirement.— The report required by this subsection shall not include the names of the former Coast Guard officials who receive compensation from Coast Guard contractors. “(d) Access to Information.— A Coast Guard contractor shall provide the Comptroller General access to information requested by the Comptroller General for the purpose of conducting the study required by this section. “(e) Definitions.— In this section: “(1) Coast guard contractor.— The term ‘Coast Guard contractor’ includes any person that received at least $10,000,000 in contractor awards from the Coast Guard in the calendar year covered by the annual report. “(2) Coast guard official.— The term ‘Coast Guard official’ includes former officers of the Coast Guard who were compensated at a rate of pay for grade O–7 or above during the calendar year prior to the date on which they separated from the Coast Guard, and former civilian employees of the Coast Guard who served at any Level of the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code, during the calendar year prior to the date on which they separated from the Coast Guard. “SUBCHAPTER II— IMPROVED ACQUISITION PROCESS AND PROCEDURES “§ 571. Identification of major system acquisitions “(a) In General.— “(1) Support mechanisms.— The Commandant shall develop and implement mechanisms to support the establishment of mature and stable operational requirements for all acquisitions. “(2) Mission analysis; affordability assessment.— The Commandant may not initiate a Level 1 or Level 2 acquisition project or program until the Commandant— “(A) completes a mission analysis that— “(i) identifies the specific capability gaps to be addressed by the project or program; and “(ii) develops a clear mission need to be addressed by the project or program; and “(B) prepares a preliminary affordability assessment for the project or program. “(b) Elements.— “(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. “(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. “(c) Human Resource Capital Planning.— The Commandant shall develop staffing predictions, define human capital performance initiatives, and identify preliminary training needs required to implement each Level 1 and Level 2 acquisition project and program. “§ 572. Acquisition “(a) In General.— The Commandant may not establish a Level 1 or Level 2 acquisition project or program until the Commandant— “(1) clearly defines the operational requirements for the project or program; “(2) establishes the feasibility of alternatives; “(3) develops an acquisition project or program baseline; “(4) produces a life-cycle cost estimate; and “(5) assesses the relative merits of alternatives to determine a preferred solution in accordance with the requirements of this section. “(b) Submission Required Before Proceeding.— Any Coast Guard Level 1 or Level 2 acquisition project or program may not begin to obtain any capability or asset or proceed beyond that phase of its development that entails approving the supporting acquisition until the Commandant submits to the appropriate congressional committees the following: “(1) The key performance parameters, the key system attributes, and the operational performance attributes of the capability or asset to be acquired under the proposed acquisition project or program. “(2) A detailed list of the systems or other capabilities with which the capability or asset to be acquired is intended to be interoperable, including an explanation of the attributes of interoperability. “(3) The anticipated acquisition project or program baseline and acquisition unit cost for the capability or asset to be acquired under the project or program. “(4) A detailed schedule for the acquisition process showing when all capability and asset acquisitions are to be completed and when all acquired capabilities and assets are to be initially and fully deployed. “(c) Analysis of Alternatives.— “(1) In general.— The Coast Guard may not acquire an experimental or technically immature capability or asset or implement a Level 1 or Level 2 acquisition project or program, unless it has prepared an analysis of alternatives for the capability or asset to be acquired in the concept and technology development phase of the acquisition process for the capability or asset. “(2) Requirements.— The analysis of alternatives shall be prepared 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 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— “(A) an assessment of the technical maturity of the capability or asset, and technical and other risks; “(B) an examination of capability, interoperability, and other advantages and disadvantages; “(C) an evaluation of whether different combinations or quantities of specific assets or capabilities could meet the Coast Guard’s overall performance needs; “(D) a discussion of key assumptions and variables, and sensitivity to change in such assumptions and variables; “(E) when an alternative is an existing capability, asset, or prototype, an evaluation of relevant safety and performance records and costs; “(F) a calculation of life-cycle costs including— “(i) an examination of likely research and development costs and the levels of uncertainty associated with such estimated costs; “(ii) an examination of likely production and deployment costs and the levels of uncertainty associated with such estimated costs; “(iii) an examination of likely operating and support costs and the levels of uncertainty associated with such estimated costs; “(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 “(v) such additional measures as the Commandant or the Secretary of the department in which the Coast Guard is operating determines to be necessary for appropriate evaluation of the capability or asset; and “(G) the business case for each viable alternative. “(d) Test and Evaluation Master Plan.— “(1) In general.— For any Level 1 or Level 2 acquisition project or program the Chief Acquisition Officer must 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. “(2) Test and evaluation strategy.— The master plan shall— “(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 “(B) require that adequate developmental tests and evaluations and operational tests and evaluations established under subparagraph (A) are performed to inform production decisions. “(3) Other components of the master plan.— At a minimum, the master plan shall identify— “(A) the key performance parameters to be resolved through the integrated test and evaluation strategy; “(B) critical operational issues to be assessed in addition to the key performance parameters; “(C) specific development test and evaluation phases and the scope of each phase; “(D) modeling and simulation activities to be performed, if any, and the scope of such activities; “(E) early operational assessments to be performed, if any, and the scope of such assessments; “(F) operational test and evaluation phases; “(G) an estimate of the resources, including funds, that will be required for all test, evaluation, assessment, modeling, and simulation activities; and “(H) the Government entity or independent entity that will perform the test, evaluation, assessment, modeling, and simulation activities. “(4) Update.— The Chief Acquisition Officer must approve an updated master plan whenever there is a revision to project or program test and evaluation strategy, scope, or phasing. “(5) Limitation.— The Coast Guard may not— “(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 “(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. “(e) Life-Cycle Cost Estimates.— “(1) In general.— The Commandant shall implement mechanisms to ensure the development and regular updating of life-cycle cost estimates for each acquisition with a total acquisition cost that equals or exceeds $10,000,000 and an expected service life of 10 or more years, and to ensure that these estimates are considered in decisions to develop or produce new or enhanced capabilities and assets. “(2) Types of estimates.— In addition to life-cycle cost estimates that may be developed by acquisition program offices, the Commandant shall require that an independent life-cycle cost estimate be developed for each Level 1 or Level 2 acquisition project or program. “(3) Required updates.— For each Level 1 or Level 2 acquisition project or program the Commandant shall require that life-cycle cost estimates shall be updated before each milestone decision is concluded and the project or program enters a new acquisition phase. “§ 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 applied by this chapter to acquisition projects and programs are met to confirm that the projects or programs meet the requirements identified in the mission-analysis and affordability assessment prepared under section 571(a)(2), the operational requirements developed under section 572(a)(1) and the following development and demonstration objectives: “(1) To demonstrate that the design, manufacturing, and production solution is based upon a stable, producible, and cost-effective product design. “(2) To ensure that the product capabilities meet contract specifications, acceptable operational performance requirements, and system security requirements. “(3) To ensure that the product design is mature enough to commit to full production and deployment. “(b) Tests and Evaluations.— “(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 in accordance with the master plan prepared for the capability or asset under section 572(d)(1). “(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. “(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. “(4) Reporting of safety concerns.— Any safety concerns that have been reported to the Chief Acquisition Officer for an acquisition program or project shall be reported by the Commandant to the appropriate congressional committees at least 90 days before the award of any contract or issuance of any delivery order or task order for low, initial, or full-rate production of the capability or asset concerned if they will remain uncorrected or unmitigated at the time such a contract is awarded or delivery order or task order is issued. The report shall include a justification for the approval of that level of production of the capability or asset before the safety concerns are corrected or mitigated. The report shall also include an explanation of the actions that will be taken to correct or mitigate the safety concerns, the date by which those actions will be taken, and the adequacy of current funding to correct or mitigate the safety concerns. “(5) Asset already in low, initial, or full-rate production.— If operational test and evaluation of a capability or asset already in low, initial, or full-rate production identifies a safety concern with the capability or asset or any subsystems of the capability or asset not previously identified during developmental or operational test and evaluation, the Commandant shall— “(A) notify Deadline. 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 “(B) notify the Chief Acquisition Officer and include in such notification— “(i) an explanation of the actions that will be taken to correct or mitigate the safety concern in all capabilities or assets and subsystems of the capabilities or assets yet to be produced, and the date by which those actions will be taken; “(ii) an explanation of the actions that will be taken to correct or mitigate the safety concern in previously produced capabilities or assets and subsystems of the capabilities or assets, and the date by which those actions will be taken; and “(iii) an assessment of the adequacy of current funding to correct or mitigate the safety concern in capabilities or assets and subsystems of the capabilities or assets and in previously produced capabilities or assets and subsystems. “(c) Technical Certification.— “(1) In general.— The Commandant shall 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. “(2) TEMPEST testing.— The Commandant shall— “(A) cause all electronics on all aircraft, surface, and shore capabilities and assets that require TEMPEST certification and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be tested in accordance with TEMPEST standards and communications security (comsec) standards by an independent third party that is authorized by the Federal Government to perform such testing; and “(B) certify that the assets meet all applicable TEMPEST requirements. “(3) Cutter classification.— “(A) In general.— The Commandant shall cause each cutter, other than a National Security Cutter, acquired by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be classed by the American Bureau of Shipping before final acceptance. “(B) Reports.— Not later than December 31, 2011, and biennially thereafter, the Commandant shall provide a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate identifying which, if any, Coast Guard cutters that have been issued a certificate of classification by the American Bureau of Shipping have not been maintained in class and detailing the reasons why they have not been maintained in class. “(4) Other vessels.— The Commandant shall cause the design and construction of each National Security Cutter, other than National Security Cutters 1, 2, and 3, to be assessed by an independent third party with expertise in vessel design and construction certification. “(5) Aircraft airworthiness.— The Commandant shall cause all aircraft and aircraft engines acquired by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be assessed for airworthiness by an independent third party with expertise in aircraft and aircraft engine certification before final acceptance. “§ 574. Acquisition, production, deployment, and support “(a) In General.— The Commandant shall— “(1) ensure there is a stable and efficient production and support capability to develop an asset or capability for the Coast Guard; “(2) conduct follow-on testing to confirm and monitor performance and correct deficiencies; and “(3) conduct acceptance tests and trials prior to the delivery of each asset or system to ensure the delivered asset or system achieves full operational capability. “(b) Elements.— The Commandant shall— “(1) execute production contracts; “(2) ensure that delivered assets and capabilities meet operational cost and schedules requirements established in the acquisition program baseline; “(3) validate manpower and training requirements to meet system needs to operate, maintain, support, and instruct the assets or capabilities; and “(4) prepare an acquisition project or program transition plan to enter into programmatic sustainment, operations, and support. “§ 575. Acquisition program baseline breach “(a) In General.— The Commandant shall submit a report to the appropriate congressional committees and the Committee on Homeland Security of the House of Representatives 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— “(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; “(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 “(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. “(b) Content.— The report submitted under subsection (a) shall include— “(1) a detailed description of the breach and an explanation of its cause; “(2) the projected impact to performance, cost, and schedule; “(3) an updated acquisition program baseline and the complete history of changes to the original acquisition program baseline; “(4) the updated acquisition schedule and the complete history of changes to the original schedule; “(5) a full life-cycle cost analysis for the capability or asset or class of capabilities or assets; “(6) a remediation plan identifying corrective actions and any resulting issues or risks; and “(7) a description of how progress in the remediation plan will be measured and monitored. “(c) Substantial Variances in Costs or Schedule.— If a likely cost overrun is greater than 20 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— “(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; “(2) there are no alternatives to such capability or asset or capability or asset class that will provide equal or greater capability in both a more cost-effective and timely manner; “(3) the new acquisition schedule and estimates for total acquisition cost are reasonable; and “(4) the management structure for the acquisition program is adequate to manage and control performance, cost, and schedule. “§ 576. Acquisition approval authority   “Nothing in this subchapter shall be construed as altering or diminishing in any way the statutory authority and responsibility of the Secretary of the department in which the Coast Guard is operating, or the Secretary’s designee, to— “(1) manage and administer department procurements, including procurements by department components, as required by section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341); or “(2) manage department acquisition activities and act as the Acquisition Decision Authority with regard to the review or approval of a Coast Guard Level 1 or Level 2 acquisition project or program, as required by section 16 of the Office of Federal Procurement Policy Act (41 U.S.C. 414) and related implementing regulations and directives. “SUBCHAPTER III— DEFINITIONS “§ 581. Definitions   “In this chapter: “(1) Appropriate congressional committees.— The term ‘appropriate congressional committees’ means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(2) Chief acquisition officer.— The term ‘Chief Acquisition Officer’ means the officer appointed under section 56 of this title. “(3) Commandant.— The term ‘Commandant’ means the Commandant of the Coast Guard. “(4) Level 1 acquisition.— The term ‘Level 1 acquisition’ means— “(A) an acquisition by the Coast Guard— “(i) the estimated life-cycle costs of which exceed $1,000,000,000; or “(ii) the estimated total acquisition costs of which exceed $300,000,000; or “(B) any acquisition that the Chief Acquisition Officer of the Coast Guard determines to have a special interest— “(i) due to— “(I) the experimental or technically immature nature of the asset; “(II) the technological complexity of the asset; “(III) the commitment of resources; or “(IV) the nature of the capability or set of capabilities to be achieved; or “(ii) because such acquisition is a joint acquisition. “(5) Level 2 acquisition.— The term ‘Level 2 acquisition’ means an acquisition by the Coast Guard— “(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 “(B) the estimated total acquisition costs of which are equal to or less than $300,000,0000, but greater than $100,000,000. “(6) 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. “(7) Project or program manager defined.— The term ‘project or program manager’ means an individual designated— “(A) to develop, produce, and deploy a new asset to meet identified operational requirements; and “(B) to manage cost, schedule, and performance of the acquisition, project, or program. “(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. “(9) Developmental test and evaluation.— The term ‘developmental test and evaluation’ means— “(A) the testing of a capability or asset and the subsystems of the capability or asset to determine whether they meet all contractual performance requirements, including technical performance requirements, supportability requirements, and interoperability requirements and related specifications; and “(B) the evaluation of the results of such testing. “(10) Operational test and evaluation.— The term ‘operational test and evaluation’ means— “(A) the testing of a capability or asset and the subsystems of the capability or asset, under conditions similar to those in which the capability or asset and subsystems will actually be deployed, for the purpose of determining the effectiveness and suitability of the capability or asset and subsystems for use by typical Coast Guard users to conduct those missions for which the capability or asset and subsystems are intended to be used; and “(B) the evaluation of the results of such testing.” .

2. 2012

   Coast Guard and Maritime Transportation Act of 2012

   Pub. L. 112–213 title II § 217(8) · 126 Stat. 1540

   Struck · 14 U.S.C. § 5110(a)

   Pub. L. 112–213 struck out “and annually thereafter,” after “December 31, 2011,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–213 struck out “and annually thereafter,” after “December 31, 2011,”.

   Enacted provision · exact public law section
   (8) in section 569(a), by striking “and annually thereafter,”;

3. 2014

   Howard Coble Coast Guard and Maritime Transportation Act of 2014

   Pub. L. 113–281 title II § 215(a) · 128 Stat. 3022

   Amended · 14 U.S.C. § 5110

   Pub. L. 113–281 amended section generally. Prior to amendment, section related to submission of report, not later than Dec. 31, 2011, to appropriate congressional committees on the employment during the preceding year by Coast Guard contractors of individuals who were Coast Guard officials in the previous 5-year period

   Source evidence

   Code amendment note
   Pub. L. 113–281 amended section generally. Prior to amendment, section related to submission of report, not later than Dec. 31, 2011, to appropriate congressional committees on the employment during the preceding year by Coast Guard contractors of individuals who were Coast Guard officials in the previous 5-year period.

   Enacted provision · exact public law section
   (a) In General.— Section 569 of title 14, United States Code, is amended to read as follows: “§ 569. Mission need statement “(a) In General.— On the date on which the President submits to Congress a budget for fiscal year 2016 under section 1105 of title 31, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section, and every 4 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an integrated major acquisition mission need statement. “(b) Definitions.— In this section, the following definitions apply: “(1) Integrated major acquisition mission need statement.— The term ‘integrated major acquisition mission need statement’ means a document that— “(A) identifies current and projected gaps in Coast Guard mission capabilities using mission hour targets; “(B) explains how each major acquisition program addresses gaps identified under subparagraph (A) if funded at the levels provided for such program in the most recently submitted capital investment plan; and “(C) describes the missions the Coast Guard will not be able to achieve, by fiscal year, for each gap identified under subparagraph (A). “(2) Major acquisition program.— The term ‘major acquisition program’ has the meaning given that term in section 569a(e). “(3) Capital investment plan.— The term ‘capital investment plan’ means the plan required under section 663(a)(1).” .

4. 2016

   Coast Guard Authorization Act of 2015

   Pub. L. 114–120 § 102(f)(1) · 130 Stat. 27

   Substituted · 14 U.S.C. § 5110(b)(2)

   Pub. L. 114–120, § 102(f)(1), substituted “in section 2903” for “in section 569a(e)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 114–120, § 102(f)(1), substituted “in section 2903” for “in section 569a(e)”.

   Enacted provision · exact public law section
   (1) in paragraph (2) by striking “in section 569a(e)” and inserting “in section 2903”; and

5. 2016

   Coast Guard Authorization Act of 2015

   Pub. L. 114–120 § 102(f)(2) · 130 Stat. 27

   Substituted · 14 U.S.C. § 5110(b)(3)

   Pub. L. 114–120, § 102(f)(2), substituted “under section 2902(a)(1)” for “under section 663(a)(1)”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 114–120, § 102(f)(2), substituted “under section 2902(a)(1)” for “under section 663(a)(1)”.

   Enacted provision · exact public law section
   (2) in paragraph (3) by striking “under section 663(a)(1)” and inserting “under section 2902(a)(1)”.

6. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXV § 3536 · 132 Stat. 1636

   1. Substituted · 14 U.S.C. § 5110(a)

      Pub. L. 115–232 substituted “for fiscal year 2019” for “for fiscal year 2016”

   2. Struck · 14 U.S.C. § 5110(a)

      Pub. L. 115–232 struck out “, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section,” after “section 1105 of title 31”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–232 substituted “for fiscal year 2019” for “for fiscal year 2016” and struck out “, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section,” after “section 1105 of title 31”.

   Enacted provision · exact public law section
   SEC. 3536. MISSION NEED STATEMENT.   Section 569 of title 14, United States Code, is— (1) amended in subsection (a)— (A) by striking “for fiscal year 2016” and inserting “for fiscal year 2019”; and (B) by striking “, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section,”.

7. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 108(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 5110

   Pub. L. 115–282, § 108(b), renumbered section 569 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 108(b), renumbered section 569 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

8. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 5110(b)(2)

   Pub. L. 115–282, § 123(b)(2), substituted “section 5103” for “section 2903”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–282, § 123(b)(2), substituted “section 5103” for “section 2903”.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

9. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 5110(b)(3)

   Pub. L. 115–282, § 123(b)(2), substituted “section 5102(a)(1)” for “section 2902(a)(1)”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 115–282, § 123(b)(2), substituted “section 5102(a)(1)” for “section 2902(a)(1)”.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

10. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 div. G title LVXXXV · 134 Stat. 3388

    Changed · 14 U.S.C. § 5110

    Pub. L. 116–283 renumbered section 1110 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283 renumbered section 1110 of this title as this section.

    Enacted provision · exact public law
    TITLE LVXXXV— TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS Sec. 8501.  Transfers. Sec. 8502.  Additional transfers. Sec. 8503.  License exemptions; repeal of obsolete provisions. Sec. 8504.  Maritime transportation system. Sec. 8505.  References to “persons” and “seamen”. Sec. 8506.  References to “himself” and “his”. Sec. 8507.  Miscellaneous technical corrections. Sec. 8508.  Technical corrections relating to codification of Ports and Waterways Safety Act. Sec. 8509.  Aids to navigation. Sec. 8510.  Transfers related to employees of Lighthouse Service. Sec. 8511.  Transfers related to surviving spouses of Lighthouse Service employees. Sec. 8512.  Repeals related to lighthouse statutes. Sec. 8513.  Common appropriation structure. SEC. 8501. TRANSFERS. (a) In General.— (1) Section 215 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293; 14 U.S.C. 504 note) is redesignated as section 322 of title 14, United States Code, transferred to appear after section 321 of such title (as added by this division), and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (2) Section 406 of the Maritime Transportation Security Act of 2002 (Public Law 107–295; 14 U.S.C. 501 note) is redesignated as section 720 of title 14, United States Code, transferred to appear after section 719 of such title (as added by this division), and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (3) Section 1110 of title 14, United States Code, is redesignated as section 5110 of such title and transferred to appear after section 5109 of such title (as added by this division). (4) Section 401 of the Coast Guard Authorization Act of 2010 (Public Law 111–281) 14 USC 308 note. is amended by striking subsection (e). (5) Subchapter I of chapter 11 of title 14, United States Code, as amended by this division, is amended by inserting after section 1109 the following: “§ 1110. Elevation of disputes to the Chief Acquisition Officer   “If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding level 1 or level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue.” . (6) Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended— (A) by transferring such section to appear after section 70005 of title 46, United States Code; (B) by striking “Sec. 7.” and inserting “§70006. Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally”; and (C) by adjusting the margins with respect to subsections (a) and (b) for the presence of a section heading accordingly. (7) Section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 504 note)— (A) is redesignated as section 5112 of title 14, United States Code, transferred to appear after section 5111 of such title (as added by this division), and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code; and (B) is amended— (i) by striking the heading and inserting the following: “§ 5112. Sexual assault and sexual harassment in the Coast Guard” ; and (ii) in subsection (b), by adding at the end the following: “(5) (A) The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against the individual. “(B) The number of instances in which adverse action was taken against a covered individual who was accused of collateral misconduct or crimes as described in subparagraph (A). “(C) The percentage of investigations of sexual assaults that involved an accusation or adverse action against a covered individual as described in subparagraphs (A) and (B). “(D) In this paragraph, the term ‘covered individual’ means an individual who is identified as a victim of a sexual assault in the case files of a military criminal investigative organization.” . (b) Clerical Amendments.— (1) The analysis for chapter 3 of title 14, United States Code, as 14 USC prec. 301. amended by this division, is further amended by adding at the end the following: “322. Redistricting notification requirement.”. (2) The analysis for chapter 7 of title 14, United States Code, 14 USC prec. 701. as amended by this division, is further amended by adding at the end the following: “720. VHF communication services.”. (3) The analysis for chapter 11 of title 14, United States Code, is 14 USC prec. 1101. amended by striking the item relating to section 1110 and inserting the following: “1110. Elevation of disputes to the Chief Acquisition Officer.”. (4) The analysis for chapter 51 of title 14, United States Code, as 14 USC prec. 5101. amended by this division, is further amended by adding at the end the following: “5110. Mission need statement. “5111. Report on diversity at Coast Guard Academy. “5112. Sexual assault and sexual harassment in the Coast Guard.”. (5) The analysis for chapter 700 of title 46, United States Code, is 46 USC prec. 70001. further amended by inserting after the item relating to section 70005 the following: “70006. Establishment by the Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally.”. SEC. 8502. ADDITIONAL TRANSFERS. (a) Section 204 of the Marine Transportation Security Act.— (1) The Maritime Transportation Security Act of 2002 is amended by striking section 204 (33 U.S.C. 1902a). (2) Section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902)— (A) is amended by redesignating subsections (e) through (i) as subsections (f) through (j) respectively; and (B) by inserting after subsection (d) the following: “(e) Discharge of Agricultural Cargo Residue.— Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of this Act that implement Annex V to the International Convention for the Prevention of Pollution from Ships.” . (b) LNG Tankers.— (1) The Coast Guard and Maritime Transportation Act of 2006 is 33 USC 1503 note, 1504 note. amended by striking section 304 (Public Law 109–241; 120 Stat. 527). (2) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by adding at the end the following: “(j) LNG Tankers.— “(1) Program.— The Secretary of Transportation shall develop and implement a program to promote the transportation of liquefied natural gas to and from the United States on United States flag vessels. “(2) Information to be provided.— When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located on shore or within State seaward boundaries, the Coast Guard shall provide to the Commission the information described in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably anticipated to be servicing that port.” . SEC. 8503. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS. (a) Service Under Licenses Issued Without Examination.— (1) Repeal.— Section 8303 of title 46, United States Code, and the item relating to that section in the analysis for chapter 83 of that title, 46 USC prec. 8301. are repealed. (2) Conforming amendment.— Section 14305(a)(10) of title 46, United States Code, is amended by striking “sections 8303 and 8304” and inserting “section 8304”. (b) Standards for Tank Vessels of the United States.— Section 9102 of title 46, United States Code, is amended— (1) by striking “(a)” before the first sentence; and (2) by striking subsection (b). SEC. 8504. MARITIME TRANSPORTATION SYSTEM. (a) Maritime Transportation System.— Section 312(b)(4) of title 14, United States Code, is amended by striking “marine transportation system” and inserting “maritime transportation system”. (b) Clarification of Reference to Marine Transportation System Programs.— Section 50307(a) of title 46, United States Code, is amended by striking “marine transportation” and inserting “maritime transportation”. SEC. 8505. REFERENCES TO “PERSONS” AND “SEAMEN”. (a) Technical Correction of References to “Persons”.— Title 14, United States Code, is amended as follows: (1) In section 312(d), by striking “persons” and inserting “individuals”. (2) In section 313(d)(2)(B), by striking “person” and inserting “individual”. (3) In section 504— (A) in subsection (a)(19)(B), by striking “a person” and inserting “an individual”; and (B) in subsection (c)(4), by striking “seamen;” and inserting “mariners;”. (4) In section 521, by striking “persons” each place it appears and inserting “individuals”. (5) In section 522— (A) by striking “a person” and inserting “an individual”; and (B) by striking “person” the second and third place it appears and inserting “individual”. (6) In section 525(a)(1)(C)(ii), by striking “person” and inserting “individual”. (7) In section 526— (A) by striking “person” each place it appears and inserting “individual”; (B) by striking “persons” each place it appears and inserting “individuals”; and (C) in subsection (b), by striking “person’s” and inserting “individual’s”. (8) In section 709— (A) by striking “persons” and inserting “individuals”; and (B) by striking “person” and inserting “individual”. (9) In section 933(b), by striking “Every person” and inserting “An individual”. (10) In section 1102(d), by striking “persons” and inserting “individuals”. (11) In section 1902(b)(3)— (A) in subparagraph (A), by striking “person or persons” and inserting “individual or individuals”; and (B) in subparagraph (B), by striking “person” and inserting “individual”. (12) In section 1941(b), by striking “persons” and inserting “individuals”. (13) In section 2101(b), by striking “person” and inserting “individual”. (14) In section 2102(c), by striking “A person” and inserting “An individual”. (15) In section 2104(b)— (A) by striking “persons” and inserting “individuals”; and (B) by striking “A person” and inserting “An individual”. (16) In section 2118(d), by striking “person” and inserting “individual who is”. (17) In section 2147(d), by striking “a person” and inserting “an individual”. (18) In section 2150(f), by striking “person” and inserting “individual who is”. (19) In section 2161(b), by striking “person” and inserting “individual”. (20) In section 2317— (A) by striking “persons” and inserting “individuals”; (B) by striking “person” each place it appears and inserting “individual”; and (C) in subsection (c)(2), by striking “person’s” and inserting “individual’s”. (21) In section 2531— (A) by striking “person” each place it appears and inserting “individual”; and (B) by striking “persons” each place it appears and inserting “individuals”. (22) In section 2709, by striking “persons” and inserting “individuals”. (23) In section 2710— (A) by striking “persons” and inserting “individuals”; and (B) by striking “person” each place it appears and inserting “individual”. (24) In section 2711(b), by striking “person” and inserting “individual”. (25) In section 2732, by striking “a person” and inserting “an individual”. (26) In section 2733— (A) by striking “A person” and inserting “An individual”; and (B) by striking “that person” and inserting “that individual”. (27) In section 2734, by striking “person” each place it appears and inserting “individual”. (28) In section 2735, by striking “a person” and inserting “an individual”. (29) In section 2736, by striking “person” and inserting “individual”. (30) In section 2737, by striking “a person” and inserting “an individual”. (31) In section 2738, by striking “person” and inserting “individual”. (32) In section 2739, by striking “person” and inserting “individual”. (33) In section 2740— (A) by striking “person” and inserting “individual”; and (B) by striking “one” the second place it appears. (34) In section 2741— (A) in subsection (a), by striking “a person” and inserting “an individual”; (B) in subsection (b)(1), by striking “person’s” and inserting “individual’s”; and (C) in subsection (b)(2), by striking “person” and inserting “individual”. (35) In section 2743, by striking “person” each place it appears and inserting “individual”. (36) In section 2744— (A) in subsection (b), by striking “a person” and inserting “an individual”; and (B) in subsections (a) and (c), by striking “person” each place it appears and inserting “individual”. (37) In section 2745, by striking “person” and inserting “individual”. (38) (A) In section 2761— (i) in the section heading, by striking “Persons” and inserting “Individuals”; (ii) by striking “persons” and inserting “individuals”; and (iii) by striking “person” and inserting “individual”. (B) In the analysis for chapter 27, by striking the item relating to section 2761 and inserting the following: “2761. Individuals discharged as result of court-martial; allowances to.”. (39) (A) In the heading for section 2767, by striking “persons” and inserting “individuals”. (B) In the analysis for chapter 27, by striking the item relating to section 2767 and inserting the following: “2767. Reimbursement for medical-related travel expenses for certain individuals residing on islands in the continental United States.”. (40) In section 2769— (A) by striking “a person’s” and inserting “an individual’s”; and (B) in paragraph (1), by striking “person” and inserting “individual”. (41) In section 2772(a)(2), by striking “person” and inserting “individual”. (42) In section 2773— (A) in subsection (b), by striking “persons” each place it appears and inserting “individuals”; and (B) in subsection (d), by striking “a person” and inserting “an individual”. (43) In section 2775, by striking “person” each place it appears and inserting “individual”. (44) In section 2776, by striking “person” and inserting “individual”. (45) (A) In section 2777— (i) in the heading, by striking “persons” and inserting “individuals”; and (ii) by striking “persons” each place it appears and inserting “individuals”. (B) In the analysis for chapter 27, by striking the item relating to section 2777 and inserting the following: “2777. Clothing for destitute shipwrecked individuals.”. (46) In section 2779, by striking “persons” each place it appears and inserting “individuals”. (47) In section 2902(c), by striking “person” and inserting “individual”. (48) In section 2903(b), by striking “person” and inserting “individual”. (49) In section 2904(b)(1)(B), by striking “a person” and inserting “an individual”. (50) In section 3706— (A) by striking “a person” and inserting “an individual”; and (B) by striking “person’s” and inserting “individual’s”. (51) In section 3707— (A) in subsection (c)— (i) by striking “person” and inserting “individual”; and (ii) by striking “person’s” and inserting “individual’s”; and (B) in subsection (e), by striking “a person” and inserting “an individual”. (52) In section 3708, by striking “person” each place it appears and inserting “individual”. (53) In section 3738— (A) by striking “a person” each place it appears and inserting “an individual”; (B) by striking “person’s” and inserting “individual’s”; and (C) by striking “A person” and inserting “An individual”. (b) Correction of References to Persons and Seamen.— (1) Section 2303a(a) of title 46, United States Code, is amended by striking “persons” and inserting “individuals”. (2) Section 2306(a)(3) of title 46, United States Code, is amended to read as follows: “(3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall— “(A) provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard; and “(B) submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs.” . (3) Section 7303 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”. (4) Section 7319 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”. (5) Section 7501(b) of title 46, United States Code, is amended by striking “seaman” and inserting “holder”. (6) Section 7508(b) of title 46, United States Code, is amended by striking “individual seamen or a specifically identified group of seamen” and inserting “an individual or a specifically identified group of individuals”. (7) Section 7510 of title 46, United States Code, is amended— (A) in subsection (c)(8)(B), by striking “merchant seamen” and inserting “merchant mariner”; and (B) in subsection (d), by striking “merchant seaman” and inserting “merchant mariner”. (8) Section 8103(k)(3)(C) of title 46, United States Code, is amended by striking “merchant mariners” each place it appears and inserting “merchant mariner’s”. (9) Section 8104 of title 46, United States Code, is amended— (A) in subsection (c), by striking “a licensed individual or seaman” and inserting “an individual”; (B) in subsection (d), by striking “A licensed individual or seaman” and inserting “An individual”; (C) in subsection (e), by striking “a seaman” each place it appears and inserting “an individual”; and (D) in subsection (j), by striking “seaman” and inserting “individual”. (10) Section 8302(d) of title 46, United States Code, is amended by striking “3 persons” and inserting “3 individuals”. (11) Section 11201 of title 46, United States Code, is amended by striking “a person” each place it appears and inserting “an individual”. (12) Section 11202 of title 46, United States Code, is amended— (A) by striking “a person” and inserting “an individual”; and (B) by striking “the person” each place it appears and inserting “the individual”. (13) Section 11203 of title 46, United States Code, is amended— (A) by striking “a person” each place it appears and inserting “an individual”; and (B) in subsection (a)(2), by striking “that person” and inserting “that individual”. (14) Section 15109(i)(2) of title 46, United States Code, is amended by striking “additional persons” and inserting “additional individuals”. SEC. 8506. REFERENCES TO “HIMSELF” AND “HIS”. (a) Section 1927 of title 14, United States Code, is amended by— (1) striking “of his initial” and inserting “of an initial”; and (2) striking “from his pay” and inserting “from the pay of such cadet”. (b) Section 2108(b) of title 14, United States Code, is amended by striking “himself” and inserting “such officer”. (c) Section 2732 of title 14, United States Code, as amended by this division, is further amended— (1) by striking “distinguishes himself conspicuously by” and inserting “displays conspicuous”; and (2) by striking “his” and inserting “such individual’s”. (d) Section 2736 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “performs”. (e) Section 2738 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “displays”. (f) Section 2739 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “displays”. (g) Section 2742 of title 14, United States Code, is amended by striking “he distinguished himself” and inserting “of the acts resulting in the consideration of such award”. (h) Section 2743 of title 14, United States Code, as amended by this division, is further amended— (1) by striking “distinguishes himself”; and (2) by striking “he” and inserting “such individual”. SEC. 8507. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Miscellaneous Technical Corrections.— (1) Section 3305(d)(3)(B) of title 46, United States Code, is amended by striking “Coast Guard Authorization Act of 2017” and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018”. (2) Section 4312 of title 46, United States Code, is amended by striking “Coast Guard Authorization Act of 2017” each place it appears and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282)”. (3) The analysis for chapter 700 of title 46, United States Code, is 46 USC prec. 70001. amended— (A) by striking the item relating to the heading for the first subchapter and inserting the following: “subchapter i— vessel operations”; (B) by striking the item relating to the heading for the second subchapter and inserting the following: “subchapter ii— ports and waterways safety”; (C) by striking the item relating to the heading for the third subchapter and the item relating to section 70021 of such chapter and inserting the following: “subchapter iii— conditions for entry into ports in the united states “70021. Conditions for entry into ports in the United States.”; (D) by striking the item relating to the heading for the fourth subchapter and inserting the following: “subchapter iv— definitions regulations, enforcement, investigatory powers, applicability”; (E) by striking the item relating to the heading for the fifth subchapter and inserting the following: “subchapter v— regattas and marine parades”; and (F) by striking the item relating to the heading for the sixth subchapter and inserting the following: “subchapter vi— regulation of vessels in territorial waters of the united states”. (4) Section 70031 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (5) Section 70032 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (6) Section 70033 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (7) Section 70034 of title 46, United States Code, is amended by striking “A through C” each place it appears and inserting “I through III”. (8) Section 70035(a) of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (9) Section 70036 of title 46, United States Code, is amended by— (A) striking “A through C” each place it appears and inserting “I through III”; and (B) striking “A, B, or C” each place it appears and inserting “I, II, or III”. (10) Section 70051 of title 46, United States Code, is amended— (A) by striking “immediate Federal response,” and all that follows through “subject to the approval” and inserting “immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval”; and (B) by striking “authority to issue such rules” and all that follows through “Any appropriation” and inserting “authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating. Any appropriation”. (11) Section 70052(e) of title 46, United States Code, is amended by striking “Secretary” and inserting “Secretary of the department in which the Coast Guard is operating” each place it appears. (b) Alteration of Bridges; Technical Changes.— The Act of June 21, 1940 (33 U.S.C. 511 et seq.), popularly known as the Truman-Hobbs Act, is amended by striking section 12 (33 U.S.C. 522). (c) Report of Determination; Technical Correction.— Section 105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562) is amended by striking “subsection (a),” and inserting “paragraph (1),”. (d) Technical Corrections to Frank LoBiondo Coast Guard Authorization Act of 2018.— (1) Section 408 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) and the item relating to such section in section 2 of such Act are 33 USC 1226; 46 USC prec. 70101, 70102a, 70103. repealed, and the provisions of law redesignated, transferred, or otherwise amended by section 408 are amended to read as if such section were not enacted. (2) Section 514(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “Chapter 30” and inserting “Chapter 3”. (3) Section 810(d) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after transmitting such notice,” and inserting “in accordance within subsection (a)(2), the Secretary shall”. (4) Section 820(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “years 2018 and” and inserting “year”. (5) Section 820(b)(2) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by inserting “and the Consolidated Appropriations Act, 2018 (Public Law 115–141)” after “(Public Law 115–31)”. (6) Section 821(a)(2) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “Coast Guard Authorization Act of 2017” and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018”. (7) This section shall take effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) and apply as if included therein. (e) Technical Correction.— Section 533(d)(2)(A) of the Coast Guard Authorization Act of 2016 (Public Law 114–120) is amended by striking “Tract 6” and inserting “such Tract”. (f) Distant Water Tuna Fleet; Technical Corrections.— Section 421 of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241) 46 USC 8103 note. is amended— (1) in subsection (a)— (A) by striking “Notwithstanding” and inserting the following: “(1) In general.— Notwithstanding” ; and (B) by adding at the end the following: “(2) Definition.— In this subsection, the term ‘treaty area’ has the meaning given the term in the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America as in effect on the date of the enactment of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241).” ; and (2) in subsection (c)— (A) by striking “12.6 or 12.7” and inserting “13.6”; and (B) by striking “and Maritime Transportation Act of 2012” and inserting “Authorization Act of 2020”. SEC. 8508. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT.    Effective date. Effective upon the enactment of section 401 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282), and notwithstanding section 402(e) of such Act— (1) section 16 of the Ports and Waterways Safety Act, as added by section 315 of the Countering America’s Adversaries Through Sanctions Act 33 USC 1232c. (Public Law 115–44; 131 Stat. 947)— (A) is redesignated as section 70022 of title 46, United States Code, transferred to appear after section 70021 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 46, United States Code; and (B) as so redesignated and transferred, is amended— (i) in subsections (b) and (e), by striking “section 4(a)(5)” each place it appears and inserting “section 70001(a)(5)”; (ii) in subsection (c)(2), by striking “not later than” and all that follows through “thereafter,” and inserting “periodically”; and (iii) by striking subsection (h); and (2) chapter 700 of title 46, United States Code, is amended— (A) in section 70002(2), by inserting “or 70022” after “section 70021”; (B) in section 70036(e), by inserting “or 70022” after “section 70021”; and (C) in the analysis for such chapter— (i) by inserting “Sec.” above the section items, in accordance with the style and form of such an entry in other chapter analyses of such title; and (ii) by adding at the end the following: “70022. Prohibition on entry and operation.”. SEC. 8509. AIDS TO NAVIGATION. (a) Section 541 of title 14, United States Code, is amended— (1) by striking “In” and inserting “(a) In”; and (2) by adding at the end the following: “(b) In the case of pierhead beacons, the Commandant may— “(1) acquire, by donation or purchase in behalf of the United States, the right to use and occupy sites for pierhead beacons; and “(2) properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever the Commandant is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierheads has been completed.” . (b) Subchapter III of chapter 5 of title 14, United States Code, is amended by adding at the end the following: “§ 548. Prohibition against officers and employees being interested in contracts for materials   “No officer, enlisted member, or civilian member of the Coast Guard in any manner connected with the construction, operation, or maintenance of lighthouses, shall be interested, either directly or indirectly, in any contract for labor, materials, or supplies for the construction, operation, or maintenance of lighthouses, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the construction, operation, or maintenance of lighthouses. “§ 549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction “(a) No lighthouse, beacon, public pier, or landmark, shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States. “(b) For the purposes of subsection (a), a cession by a State of jurisdiction over a place selected as the site of a lighthouse, or other structure or work referred to in subsection (a), shall be deemed sufficient if the cession contains a reservation that process issued under authority of such State may continue to be served within such place. “(c) If no reservation of service described in subsection (b) is contained in a cession, all process may be served and executed within the place ceded, in the same manner as if no cession had been made. “§ 550. Marking pierheads in certain lakes   “The Commandant of the Coast Guard shall properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever he is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierhead has been completed.” . (c) Clerical Amendment.— The analysis for chapter 5 of title 14, United States Code, is 14 USC prec. 501. amended by inserting after the item relating to section 547 the following: “548. Prohibition against officers and employees being interested in contracts for materials. “549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction. “550. Marking pierheads in certain lakes.”. SEC. 8510. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE. (a) Section 6 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 763) is repealed. (b) Chapter 25 of title 14, United States Code, is amended by inserting after section 2531 the following: “§ 2532. Retirement of employees “(a) Optional Retirement.— Except as provided in subsections (d) and (e), a covered employee may retire from further performance of duty if such officer or employee— “(1) has completed 30 years of active service in the Government and is at least 55 years of age; “(2) has completed 25 years of active service in the Government and is at least 62 years of age; or “(3) is involuntarily separated from further performance of duty, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of active service in the Government, or after completing 20 years of such service and if such employee is at least 50 years of age. “(b) Compulsory Retirement.— A covered employee who becomes 70 years of age shall be compulsorily retired from further performance of duty. “(c) Retirement for Disability.— “(1) In general.— A covered employee who has completed 15 years of active service in the Government and is found, after examination by a medical officer of the United States, to be disabled for useful and efficient service by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct of such officer or employee, shall be retired. “(2) Restoration to active duty.— Any individual retired under paragraph (1) may, upon recovery, be restored to active duty, and shall from time to time, before reaching the age at which such individual may retire under subsection (a), be reexamined by a medical officer of the United States upon the request of the Secretary of the department in which the Coast Guard is operating. “(d) Annual Compensation.— “(1) In general.— Except as provided in paragraph (2), The annual compensation of a person retired under this section shall be a sum equal to one-fortieth of the average annual pay received for the last 3 years of service for each year of active service in the Lighthouse Service, or in a department or branch of the Government having a retirement system, not to exceed thirty-fortieths of such average annual pay received. “(2) Retirement before 55.— The retirement pay computed under paragraph (1) for any officer or employee retiring under this section shall be reduced by one-sixth of 1 percent for each full month the officer or employee is under 55 years of age at the date of retirement. “(3) No allowance or subsistence.— Retirement pay under this section shall not include any amount on account of subsistence or other allowance. “(e) Exception.— The retirement and pay provision in this section shall not apply to— “(1) any person in the field service of the Lighthouse Service whose duties do not require substantially all their time; or “(2) persons of the Coast Guard. “(f) Waiver.— Any person entitled to retirement pay under this section may decline to accept all or any part of such retirement pay by a waiver signed and filed with the Secretary of the Treasury. Such waiver may be revoked in writing at any time, but no payment of the retirement pay waived shall be made covering the period during which such waiver was in effect. “(g) Definition.— For the purposes of this section, the term ‘covered employee’ means an officer or employee engaged in the field service or on vessels of the Lighthouse Service, except a person continuously employed in district offices or shop.” . (c) Clerical Amendment.— The analysis for chapter 25 of title 14, United States Code, 14 USC prec. 2501. is amended by inserting after the item relating to section 2531 the following: “2532. Retirement of employees.”. SEC. 8511. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE EMPLOYEES. (a) Benefit to Surviving Spouses.— Chapter 25 of title 14, United States Code, is further amended by inserting after section 2532 (as added by this division) the following: “§ 2533. Surviving spouses   “The Secretary of the department in which the Coast Guard is operating shall pay $100 per month to the surviving spouse of a current or former employee of the Lighthouse Service in accordance with section 2532 if such employee dies— “(1) at a time when such employee was receiving or was entitled to receive retirement pay under this subchapter; or “(2) from non-service-connected causes after fifteen or more years of employment in such service.” . (b) Transfers Related to Surviving Spouses of Lighthouse Service Employees.— (1) Chapter 25 of title 14, United States Code, is amended by inserting after section 2533 (as added by this division) the following: “§ 2534. Application for benefits” . (2) (A) Section 3 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 773), is redesignated as section 2534(a) of title 14, United States Code, transferred to appear after the heading of section 2534 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (B) Section 2534(a), as so redesignated, transferred, and amended is further amended by striking “this Act” and inserting “section 2533”. (3) (A) Section 4 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 774), is redesignated as section 2534(b) of title 14, United States Code, transferred to appear after section 2534(a) of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (B) Section 2534(b), as so redesignated, transferred, and amended is further amended by striking “the provisions of this Act” and inserting “section 2533”. (4) (A) The proviso under the heading “Payment to Civil Service Retirement and Disability Fund” of title V of division C of Public Law 112–74 (33 U.S.C. 776) is redesignated as section 2534(c) of title 14, United States Code, transferred to appear after section 2534(b) of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (B) Section 2534(c), as so redesignated, transferred, and amended is further amended by striking “the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771–775),” and inserting “section 2533”. (c) Clerical Amendment.— The analysis for chapter 25 of title 14, United States Code, is 14 USC prec. 2501. further amended by inserting after the item relating to section 2532 (as added by this division) the following: “2533. Surviving spouses. “2534. Application for benefits.”. SEC. 8512. REPEALS RELATED TO LIGHTHOUSE STATUTES. (a) In General.— The following provisions are repealed: (1) Section 4680 of the Revised Statutes of the United States (33 U.S.C. 725). (2) Section 4661 of the Revised Statutes of the United States (33 U.S.C. 727). (3) Section 4662 of the Revised Statutes of the United States (33 U.S.C. 728). (4) The final paragraph in the account “For Life-Saving and Life-Boat Stations” under the heading Treasury Department in the first section of chapter 130 of the Act of March 3, 1875 (33 U.S.C. 730a). (5) Section 11 of chapter 301 of the Act of June 17, 1910 (33 U.S.C. 743). (6) The first section of chapter 215 of the Act of May 13, 1938 (33 U.S.C. 745a). (7) The first section of chapter 313 of the Act of February 25, 1929 (33 U.S.C. 747b). (8) Section 2 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 748). (9) Section 4 of chapter 371 of the Act of May 22, 1926 (33 U.S.C. 754a). (10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C. 763a–1). (11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C. 763–1). (12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763–2). (13) The last 2 provisos under the heading Lighthouse Service, under the heading Department of Commerce, in the first section of chapter 161 of the Act of March 4, 1921 (41 Stat. 1417, formerly 33 U.S.C. 764). (14) Section 3 of chapter 215 of the Act of May 13, 1938 (33 U.S.C. 770). (15) The first section and section 2 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 771 and 772). (b) Savings.— (1) Notwithstanding any repeals made by this section, any individual beneficiary currently receiving payments under the authority of any provisions repealed in this section shall continue to receive such benefits. (2) Notwithstanding the repeals made under paragraphs (10) and (11) of subsection (a), any pay increases made under chapter 788 of the Act of October 29, 1949, and chapter 524 of the Act of July 9, 1956, as in effect prior to their repeal shall remain in effect. SEC. 8513. COMMON APPROPRIATION STRUCTURE. (a) Common Appropriations Structure.— (1) Prospective payment of funds necessary to provide medical care.— Section 506 of title 14, United States Code, is amended— (A) in subsection (a)(1), by inserting “as established under chapter 56 of title 10” after “Medicare-Eligible Retiree Health Care Fund”; and (B) in subsection (b)(1), by striking “operating expenses” and inserting “operations and support”. (2) Use of certain appropriated funds.— Section 903 of title 14, United States Code, is amended— (A) in subsection (a), by striking “acquisition, construction, and improvement of facilities, for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters” and inserting “procurement, construction, and improvement of facilities and for research and development”; and (B) in subsection (d)(1), amended by section 241(b)(1), by striking “operating expenses” and inserting “operations and support”. (3) Confidential investigative expenses.— Section 944 of title 14, United States Code, is amended— (A) by striking “necessary expenses for the operation” and inserting “the operations and support”; and (B) by striking “his” each place it appears and inserting “the Commandant’s”. (4) Procurement of personnel.— Section 2701 of title 14, United States Code, is amended— (A) by striking “operating expense” and inserting “operations and support”; (B) by striking “but not limited to”; and (C) by striking “in order”. (5) Requirement for prior authorization of appropriations.— Section 4901 of title 14, United States Code, is amended— (A) in paragraph (1), by striking “maintenance” and inserting “support”; (B) in paragraph (2), by striking “acquisition” and inserting “procurement”; (C) by striking paragraphs (3), (4), and (6); (D) by redesignating paragraph (5) as paragraph (3); and (E) in paragraph (3), as redesignated by subparagraph (D), by striking “research, development, test, and evaluation” and inserting “research and development.”. (b) Title 46.— Sections 3317(b), 7504, 80301(c), and 80505(b)(3) of title 46, United States Code, are each amended by striking “operating expenses” and inserting “operations and support”. (c) Oil Spill Liability Trust Fund.— Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended by striking “operating expenses” and inserting “operations and support”.

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