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Title 14 — Coast Guard

Chapter 9 — Administration

§ 939. Accounting for industrial work

Statutory text

(a)

In General.—

The Secretary may prescribe regulations governing accounting for industrial work, including charges for overhead for civilian labor and for maintenance of industrial plant and equipment, performed at the Coast Guard Yard or such similar Coast Guard industrial establishments as he may designate. Any orders placed for such industrial work shall be covered by a transfer or advance of funds to cover the estimated cost thereof, and shall be credited to such accounts as may be necessary and established by the Secretary to carry out the provisions of this section. Accounts so established shall be available for materials, supplies, or equipment, and civilian labor, including overhead and maintenance, required in performing the work ordered. Upon completion of an order an adjustment will be made to make the amount transferred or advanced equal to the actual cost as computed in accordance with the accounting regulations prescribed by the Secretary or in accordance with subsection (b).

(b)

Incentive Contracts.—

(1)

The parties to an order for industrial work to be performed by the Coast Guard Yard or a Coast Guard industrial establishment designated under subsection (a) may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection.

(2)

If such parties enter into such an order or a cost-plus-incentive-fee order, an agreed-upon amount of any adjustment described in subsection (a) may be distributed as an incentive to the wage-grade industrial employees who complete the order.

(3)

Before entering into such an order or cost-plus-incentive-fee order such parties must agree that the wage-grade employees of the Coast Guard Yard or Coast Guard industrial establishment will take action to improve the delivery schedule or technical performance agreed to in the order for industrial work to which such parties initially agreed.

(4)

Notwithstanding any other provision of law, if the industrial workforce of the Coast Guard Yard or Coast Guard industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order—

(A)

the adjustment to be made pursuant to subsection (a) shall be reduced by an agreed-upon amount and distributed to such wage-grade industrial employees; and

(B)

the remainder of the adjustment shall be credited to the appropriation for such order current at that time.

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. Title 14, United States Code, section —

    Pub. L. 81–393 · 63 Stat. 495

    Enacted · 14 U.S.C. § 939

    Aug. 4, 1949, ch. 393, 63 Stat. 549, § 648

    Source evidence

    Code source credit
    Aug. 4, 1949, ch. 393, 63 Stat. 549, § 648

  2. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 307 · 132 Stat. 4192

    1. Amended · 14 U.S.C. § 939

      Pub. L. 115–282, § 307, designated existing provisions as subsec. (a)

    2. Inserted · 14 U.S.C. § 939

      Pub. L. 115–282, § 307, inserted heading

    3. Substituted · 14 U.S.C. § 939

      Pub. L. 115–282, § 307, substituted “Secretary or in accordance with subsection (b).” for “Secretary.”

    4. Added · 14 U.S.C. § 939

      Pub. L. 115–282, § 307, added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 307, designated existing provisions as subsec. (a) and inserted heading, substituted “Secretary or in accordance with subsection (b).” for “Secretary.”, and added subsec. (b).

    Enacted provision · exact public law section
    SEC. 307. INCENTIVE CONTRACTS FOR COAST GUARD YARD AND INDUSTRIAL ESTABLISHMENTS.   Section 939 of title 14, United States Code, is amended— (1) by inserting before “The Secretary may” the following: “(a) In General.—”; (2) in subsection (a), as so designated by paragraph (1) of this section, by striking the period at the end of the last sentence and inserting “or in accordance with subsection (b).”; and (3) by adding at the end the following: “(b) Incentive Contracts.— “(1) The parties to an order for industrial work to be performed by the Coast Guard Yard or a Coast Guard industrial establishment designated under subsection (a) may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection. “(2) If such parties enter into such an order or a cost-plus-incentive-fee order, an agreed-upon amount of any adjustment described in subsection (a) may be distributed as an incentive to the wage-grade industrial employees who complete the order. “(3) Before entering into such an order or cost-plus-incentive-fee order such parties must agree that the wage-grade employees of the Coast Guard Yard or Coast Guard industrial establishment will take action to improve the delivery schedule or technical performance agreed to in the order for industrial work to which such parties initially agreed. “(4) Notwithstanding any other provision of law, if the industrial workforce of the Coast Guard Yard or Coast Guard industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order— “(A) the adjustment to be made pursuant to subsection (a) shall be reduced by an agreed-upon amount and distributed to such wage-grade industrial employees; and “(B) the remainder of the adjustment shall be credited to the appropriation for such order current at that time.” .

  3. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 107(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 939

    Pub. L. 115–282, § 107(b), renumbered section 648 of this title as this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 107(b), renumbered section 648 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 9 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 641Disposal of certain material901 653Employment of draftsmen and engineers902 656Use of certain appropriated funds903 666Local hire904 670Procurement authority for family housing905 671Air Station Cape Cod Improvements906 672Long-term lease of special purpose facilities907 672aLong-term lease authority for lighthouse property908 674Small boat station rescue capability909 675Small boat station closures910 676Search and rescue center standards911 676aAir facility closures912 677Turnkey selection procedures913 681Disposition of infrastructure related to E–LORAN914 635Oaths required for boards931 636Administration of oaths932 638Coast Guard ensigns and pennants933 639Penalty for unauthorized use of words “Coast Guard”934 640Coast Guard band recordings for commercial sale935 645Confidentiality of medical quality assurance records; qualified immunity for participants936 646Admiralty claims against the United States937 647Claims for damage to property of the United States938 648Accounting for industrial work939 649Supplies and equipment from stock940 650Coast Guard Supply Fund941 654Public and commercial vessels and other watercraft; sale of fuel, supplies, and services942 655Arms and ammunition; immunity from taxation943 658Confidential investigative expenses944 659Assistance to film producers945 664User fees946 667Vessel construction bonding requirements947 668Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care948 669Telephone installation and charges949 673Designation, powers, and accountability of deputy disbursing officials950 678Aircraft accident investigations951

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

This section is intended to eliminate a very cumbersome and inefficient method of accounting for industrial jobs at the Coast Guard Yard and other shore establishments where industrial work may be undertaken. Under existing law several accounts must be kept current for each job in progress. Under this statute the working fund would be available for all types of expenditures in connection with a job and the breakdown into separate accounts could be done after the job is complete. The other armed forces have provisions of law which permit a working fund similar to the one provided by this section. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 307, designated existing provisions as subsec. (a) and inserted heading, substituted “Secretary or in accordance with subsection (b).” for “Secretary.”, and added subsec. (b).

Pub. L. 115–282, § 107(b), renumbered section 648 of this title as this section.

Credits

1949–2018 · 2 acts
  1. 1949Aug. 4, 1949, ch. 393, 63 Stat. 549, § 648
  2. 2018renumbered § 939 and amended Pub. L. 115–282, title I, § 107(b), title III, § 307, , 132 Stat. 4205, 4247.
Show as published

(Aug. 4, 1949, ch. 393, 63 Stat. 549, § 648; renumbered § 939 and amended Pub. L. 115–282, title I, § 107(b), title III, § 307, , 132 Stat. 4205, 4247.)

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