Collapse to view only § 5110. Mission need statement
- § 5101. Transmission of annual Coast Guard authorization request
- § 5102. Capital investment plan
- § 5103. Major acquisitions
- § 5104. Manpower requirements plan
- § 5105. Inventory of real property
- § 5106. Annual performance report
- § 5107. Major acquisition program risk assessment
- § 5108. Unfunded priorities list
- § 5109. Report on gender diversity in the Coast Guard
- § 5110. Mission need statement
- § 5111. Report on diversity at Coast Guard Academy
- § 5112. Sexual assault and sexual harassment in the Coast Guard
- § 5113. Officers not on active duty promotion list
- § 5114. Expenses of performing and executing defense readiness missions
- § 5115. Major grants, contracts, or other transactions
§ 5101. Transmission of annual Coast Guard authorization request
(a)In General.—Not later than 30 days after the date on which the President submits to Congress a budget for a fiscal year pursuant to section 1105 of title 31, the Secretary 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 a Coast Guard authorization request with respect to such fiscal year.
(b)Coast Guard Authorization Request Defined.—In this section, the term “Coast Guard authorization request” means a proposal for legislation that, with respect to the Coast Guard for the relevant fiscal year—
(1) recommends end strengths for personnel for that fiscal year, as described in section 4903;
(2) recommends authorizations of appropriations for that fiscal year, including with respect to matters described in section 4901; and
(3) addresses any other matter that the Secretary determines is appropriate for inclusion in a Coast Guard authorization bill.
(Added
§ 5102. Capital investment plan
(a)In General.—Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, 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 a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget—
(1) the proposed appropriations included in the budget;
(2) the total estimated cost of completion based on the proposed appropriations included in the budget;
(3) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier;
(4) an estimated completion date based on the proposed appropriations included in the budget;
(5) an acquisition program baseline, as applicable; and
(6) projected commissioning and decommissioning dates for each asset.
(b)New Capital Assets.—In the fiscal year following each fiscal year for which appropriations are enacted for a new capital asset, the report submitted under subsection (a) shall include—
(1) an estimated life-cycle cost estimate for the new capital asset;
(2) an assessment of the impact the new capital asset will have on—
(A) delivery dates for each capital asset;
(B) estimated completion dates for each capital asset;
(C) the total estimated cost to complete each capital asset; and
(D) other planned construction or improvement projects; and
(3) recommended funding levels for each capital asset necessary to meet the estimated completion dates and total estimated costs included in the such 1
1 So in original.
asset’s approved acquisition program baseline.(c)Definitions.—In this section, the term “new capital asset” means—
(1) an acquisition program that does not have an approved acquisition program baseline; or
(2) the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline.
(Added Pub. L. 97–295, § 2(20)(A), Oct. 12, 1982, 96 Stat. 1303, § 663; amended Pub. L. 100–448, § 25, Sept. 28, 1988, 102 Stat. 1847; Pub. L. 101–595, title III, § 311(c), Nov. 16, 1990, 104 Stat. 2987; Pub. L. 107–295, title IV, § 408(a)(2), Nov. 25, 2002, 116 Stat. 2117; Pub. L. 112–213, title II, § 213(a), Dec. 20, 2012, 126 Stat. 1552; renumbered § 2902 and amended Pub. L. 114–120, title I, § 101(d)(2), title II, § 204(b), Feb. 8, 2016, 130 Stat. 31, 34; Pub. L. 115–232, div. C, title XXXV, §§ 3525, 3531(c)(15), Aug. 13, 2018, 132 Stat. 2316, 2320; renumbered § 5102 and amended Pub. L. 115–282, title I, § 122(b), title III, § 317(a), Dec. 4, 2018, 132 Stat. 4239, 4250.)
§ 5103. Major acquisitions
(a)In General.—In conjunction with the transmittal by the President to Congress of the budget of the United States for fiscal year 2014 and biennially thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of all major acquisition programs.
(b)Information To Be Included.—Each report under subsection (a) shall include for each major acquisition program—
(1) a statement of the Coast Guard’s mission needs and performance goals relating to such program, including a justification for any change to those needs and goals subsequent to a report previously submitted under this section;
(2) a justification explaining how the projected number and capabilities of assets acquired under such program meet applicable mission needs and performance goals;
(3) an identification of any and all mission hour gaps, accompanied by an explanation of how and when the Coast Guard will close those gaps;
(4) an identification of any changes with respect to such program, including—
(A) any changes to the timeline for the acquisition of each new asset and the phaseout of legacy assets; and
(B) any changes to—
(i) the costs of new assets or legacy assets for that fiscal year or future fiscal years; or
(ii) the total acquisition cost;
(5) a justification explaining how any change to such program fulfills the mission needs and performance goals of the Coast Guard;
(6) a description of how the Coast Guard is planning for the integration of each new asset acquired under such program into the Coast Guard, including needs related to shore-based infrastructure and human resources;
(7) an identification of how funds in the applicable fiscal year’s budget request will be allocated, including information on the purchase of specific assets;
(8) a projection of the remaining operational lifespan and life-cycle cost of each legacy asset that also identifies any anticipated resource gaps;
(9) a detailed explanation of how the costs of legacy assets are being accounted for within such program; and
(10) an annual performance comparison of new assets to legacy assets.
(c)Adequacy of Acquisition Workforce.—Each report under subsection (a) shall—
(1) include information 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) specify the number of officers, members, and employees of the Coast Guard currently and planned to be assigned to each position designated under section 1102(c); 1
1 See References in Text note below.
and(3) identify positions that are or will be understaffed and actions that will be taken to correct such understaffing.
(d)Cutters Not Maintained in Class.—Each report under subsection (a) shall identify 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, with an explanation detailing the reasons why the cutters have not been maintained in class.
(e)Long-term Major Acquisitions Plan.—Each report under subsection (a) shall include a plan that describes for the upcoming fiscal year, and for each of the 20 fiscal years thereafter—
(1) the numbers and types of cutters and aircraft to be decommissioned;
(2) the numbers and types of cutters and aircraft to be acquired to—
(A) replace the cutters and aircraft identified under paragraph (1); or
(B) address an identified capability gap; and
(3) the estimated level of funding in each fiscal year required to—
(A) acquire the cutters and aircraft identified under paragraph (2);
(B) operate and sustain the cutters and aircraft described in paragraph (2);
(C) acquire related command, control, communications, computer, intelligence, surveillance, and reconnaissance systems; and
(D) acquire, construct, or renovate shoreside infrastructure.
(f)Major Acquisition Program Defined.—In this section, the term “major acquisition program” means an ongoing acquisition undertaken by the Coast Guard with a life-cycle cost estimate greater than or equal to $300,000,000.
(Added Pub. L. 112–213, title II, § 210(a), Dec. 20, 2012, 126 Stat. 1550, § 569a; renumbered § 2903 and amended Pub. L. 114–120, title I, § 101(d)(3), title II, § 204(e), Feb. 8, 2016, 130 Stat. 31, 35; Pub. L. 115–232, div. C, title XXXV, § 3526(c), Aug. 13, 2018, 132 Stat. 2317; renumbered § 5103 and amended Pub. L. 115–282, title I, §§ 122(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4239, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8214, Jan. 1, 2021, 134 Stat. 4650.)
§ 5104. Manpower requirements plan
(a)In General.—On the date on which the President submits to the Congress a budget for fiscal year 2017 under section 1105 of title 31, on the date on which the President submits to the 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 a manpower requirements plan.
(b)Scope.—A manpower requirements plan submitted under subsection (a) shall include for each mission of the Coast Guard—
(1) an assessment of all projected mission requirements for the upcoming fiscal year and for each of the 3 fiscal years thereafter;
(2) the number of active duty, reserve, and civilian personnel assigned or available to fulfill such mission requirements—
(A) currently; and
(B) as projected for the upcoming fiscal year and each of the 3 fiscal years thereafter;
(3) the number of active duty, reserve, and civilian personnel required to fulfill such mission requirements—
(A) currently; and
(B) as projected for the upcoming fiscal year and each of the 3 fiscal years thereafter;
(4) an identification of any capability gaps between mission requirements and mission performance caused by deficiencies in the numbers of personnel available—
(A) currently; and
(B) as projected for the upcoming fiscal year and each of the 3 fiscal years thereafter; and
(5) an identification of the actions the Commandant will take to address capability gaps identified under paragraph (4).
(c)Consideration.—In composing a manpower requirements plan for submission under subsection (a), the Commandant shall consider—
(1) the marine safety strategy required under section 2116 of title 46;
(2) information on the adequacy of the acquisition workforce included in the most recent report under section 5103 of this title; and
(3) any other Federal strategic planning effort the Commandant considers appropriate.
(Added Pub. L. 114–120, title I, § 101(a), Feb. 8, 2016, 130 Stat. 30, § 2904; renumbered § 5104 and amended Pub. L. 115–282, title I, §§ 122(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4239, 4240.)
§ 5105. Inventory of real property
(a)In General.—The Commandant shall maintain an inventory of all real property, including submerged lands, under the control of the Coast Guard, which shall include—
(1) the size, the location, and any other appropriate description of each unit of such property;
(2) an assessment of the physical condition of each unit of such property, excluding lands;
(3) a determination of whether each unit of such property should be—
(A) retained to fulfill a current or projected Coast Guard mission requirement; or
(B) subject to divestiture; and
(4) other information the Commandant considers appropriate.
(b)Updates.—The Commandant shall update information on each unit of real property included in the inventory required under subsection (a) not later than 30 days after any change relating to the control of such property.
(c)Recommendations to Congress.—Not later than March 30, 2016, and every 5 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 a report that includes—
(1) a list of all real property under the control of the Coast Guard and the location of such property by property type;
(2) recommendations for divestiture with respect to any units of such property; and
(3) recommendations for consolidating any units of such property, including—
(A) an estimate of the costs or savings associated with each recommended consolidation; and
(B) a discussion of the impact that such consolidation would have on Coast Guard mission effectiveness.
(Added Pub. L. 113–281, title II, § 217(a), Dec. 18, 2014, 128 Stat. 3035, § 679; amended Pub. L. 115–232, div. C, title XXXV, § 3539, Aug. 13, 2018, 132 Stat. 2322; renumbered § 5105, Pub. L. 115–282, title I, § 122(b), Dec. 4, 2018, 132 Stat. 4239.)
§ 5106. Annual performance report
Not later than the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant of the Coast Guard shall make available on a public website and 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 update on Coast Guard mission performance during the previous fiscal year.
(Added Pub. L. 115–232, div. C, title XXXV, § 3521(b)(1), Aug. 13, 2018, 132 Stat. 2314, § 2905; renumbered § 5106, Pub. L. 115–282, title I, § 122(b), Dec. 4, 2018, 132 Stat. 4239.)
§ 5107. Major acquisition program risk assessment
(a)In General.—Not later than October 15 of each year, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing regarding a current assessment of the risks associated with all current major acquisition programs, as that term is defined in section 5103(f).
(b)Elements.—Each assessment under this subsection shall include, for each current major acquisition program, discussion of the following:
(1) The top five current risks to such program.
(2) Any failure of such program to demonstrate a key performance parameter or threshold during operational test and evaluation conducted during the previous fiscal year.
(3) Whether there has been any decision in such fiscal year to order full-rate production before all key performance parameters or thresholds are met.
(4) Whether there has been any breach of major acquisition program cost (as defined by the Major Systems Acquisition Manual) in such fiscal year.
(5) Whether there has been any breach of major acquisition program schedule (as so defined) during such fiscal year.
(Added Pub. L. 115–232, div. C, title XXXV, § 3526(a), Aug. 13, 2018, 132 Stat. 2317, § 2906; renumbered § 5107 and amended Pub. L. 115–282, title I, §§ 122(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4239, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8240(e), Jan. 1, 2021, 134 Stat. 4667.)
§ 5108. Unfunded priorities list
(a)In General.—Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, 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 a list of each unfunded priority for the Coast Guard.
(b)Prioritization.—The list required under subsection (a) shall present the unfunded priorities in order from the highest priority to the lowest, as determined by the Commandant.
(c)Unfunded Priority Defined.—In this section, the term “unfunded priority” means a program or mission requirement that—
(1) has not been selected for funding in the applicable proposed budget;
(2) is necessary to fulfill a requirement associated with an operational need; and
(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted.
(Added Pub. L. 115–282, title III, § 317(b), Dec. 4, 2018, 132 Stat. 4251.)
§ 5109. Report on gender diversity in the Coast Guard
(a)In General.—Not later than January 15, 2022, and biennially 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 a report on gender diversity in the Coast Guard.
(b)Contents.—The report required under subsection (a) shall contain the following:
(1)Gender diversity overview.—An overview of Coast Guard active duty and reserve members, including the number of officers and enlisted members and the percentages of men and women in each.
(2)Recruitment and retention.—
(A) An analysis of the changes in the recruitment and retention of women over the previous 2 years.
(B) A discussion of any changes to Coast Guard recruitment and retention over the previous 2 years that were aimed at increasing the recruitment and retention of female members.
(3)Parental leave.—
(A) The number of men and women who took parental leave during each year covered by the report, including the average length of such leave periods.
(B) A discussion of the ways in which the Coast Guard worked to mitigate the impacts of parental leave on Coast Guard operations and on the careers of the members taking such leave.
(4)Limitations.—An analysis of current gender-based limitations on Coast Guard career opportunities, including discussion of—
(A) shipboard opportunities;
(B) opportunities to serve at remote units; and
(C) any other limitations on the opportunities of female members.
(5)Progress update.—An update on the Coast Guard’s progress on the implementation of the action plan required under subsection (a) of section 8215 of the Elijah E. Cummings Coast Guard Authorization Act of 2020.
(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8215(d)(1), Jan. 1, 2021, 134 Stat. 4652.)
§ 5110. Mission need statement
(a)In General.—On the date on which the President submits to Congress a budget for fiscal year 2019 under section 1105 of title 31 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 5103.
(3)Capital investment plan.—The term “capital investment plan” means the plan required under section 5102(a)(1).
(Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2940, § 569; amended Pub. L. 112–213, title II, § 217(8), Dec. 20, 2012, 126 Stat. 1558; Pub. L. 113–281, title II, § 215(a), Dec. 18, 2014, 128 Stat. 3034; Pub. L. 114–120, title I, § 102(f), Feb. 8, 2016, 130 Stat. 33; Pub. L. 115–232, div. C, title XXXV, § 3536, Aug. 13, 2018, 132 Stat. 2322; renumbered § 1110 and amended Pub. L. 115–282, title I, §§ 108(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4208, 4240; renumbered § 5110, Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8501(a)(3), Jan. 1, 2021, 134 Stat. 4745.)
§ 5111. Report on diversity at Coast Guard Academy
(a)In General.—Not later than January 15, 2021, and annually thereafter, the Commandant shall submit a report on diversity at the Coast Guard Academy to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(b)Contents.—The report required under subsection (a) shall include—
(1) the status of the implementation of the plan required under section 8272 of the Elijah E. Cummings Coast Guard Authorization Act of 2020;
(2) specific information on outreach and recruitment activities for the preceding year, including the effectiveness of the Coast Guard Academy minority outreach team program described under section 1905 and of outreach and recruitment activities in the territories and other possessions of the United States;
(3) enrollment information about the incoming class, including the gender, race, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets;
(4) information on class retention, outcomes, and graduation rates, including the race, gender, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets;
(5) information on efforts to retain diverse cadets, including through professional development and professional advancement programs for staff and faculty; and
(6) a summary of reported allegations of discrimination on the basis of race, color, national origin, sex, gender, or religion for the preceding 5 years.
(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8273, Jan. 1, 2021, 134 Stat. 4683.)
§ 5112. Sexual assault and sexual harassment in the Coast Guard
(a)In General.—Not later than January 15 of each year, the Commandant of the Coast Guard shall submit a report on the sexual assaults and incidents of sexual harassment involving members of the Coast Guard to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(b)Contents.—The report required under subsection (a) shall contain the following:
(1) The number of sexual assaults and incidents of sexual harassment against members of the Coast Guard, and the number of sexual assaults and incidents of sexual harassment by members of the Coast Guard, that were reported to military officials during the year covered by such report, and the number of the cases so reported that were substantiated.
(2) A synopsis of, and the disciplinary action taken in, each substantiated case.
(3) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by such report in response to incidents of sexual assault and sexual harassment involving members of the Coast Guard concerned.
(4) A plan for the actions that are to be taken in the year following the year covered by such report on the prevention of and response to sexual assault and sexual harassment involving members of the Coast Guard concerned.
(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.
(Added and amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8501(a)(7), Jan. 1, 2021, 134 Stat. 4745.)
§ 5113. Officers not on active duty promotion list
Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, 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 the number of Coast Guard officers serving at other Federal entities on a reimbursable basis, and the number of Coast Guard officers who are serving at other Federal agencies on a non-reimbursable basis, but not on the active duty promotion list.
(Added Pub. L. 117–263, div. K, title CXII, § 11236(b)(1), Dec. 23, 2022, 136 Stat. 4036.)
§ 5114. Expenses of performing and executing defense readiness missions
Not later than 1 year after the date of enactment of this section, and every February 1 thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that adequately represents a calculation of the annual costs and expenditures of performing and executing all defense readiness mission activities, including—
(1) all expenses related to the Coast Guard’s coordination, training, and execution of defense readiness mission activities in the Coast Guard’s capacity as an armed force (as such term is defined in section 101 of title 10) in support of Department of Defense national security operations and activities or for any other military department or Defense Agency (as such terms are defined in such section);
(2) costs associated with Coast Guard detachments assigned in support of the defense readiness mission of the Coast Guard; and
(3) any other related expenses, costs, or matters the Commandant considers appropriate or otherwise of interest to Congress.
(Added Pub. L. 117–263, div. K, title CXII, § 11256(a), Dec. 23, 2022, 136 Stat. 4056.)
§ 5115. Major grants, contracts, or other transactions
(a)Notification.—
(1)In general.—Subject to subsection (b), the Commandant shall notify the appropriate committees of Congress and the Coast Guard Office of Congressional and Governmental Affairs not later than 3 full business days in advance of the Coast Guard—
(A) making or awarding a grant allocation or grant in excess of $1,000,000;
(B) making or awarding a contract, other transaction agreement, or task or delivery order for the Coast Guard on the multiple award contract, or issuing a letter of intent totaling more than $4,000,000;
(C) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Coast Guard funds;
(D) making a sole-source grant award; or
(E) announcing publicly the intention to make or award an item described in subparagraph (A), (B), (C), or (D), including a contract covered by the Federal Acquisition Regulation.
(2)Element.—A notification under this subsection shall include—
(A) the amount of the award;
(B) the fiscal year for which the funds for the award were appropriated;
(C) the type of contract;
(D) an identification of the entity awarded the contract, such as the name and location of the entity; and
(E) the account from which the funds are to be drawn.
(b)Exception.—If the Commandant determines that compliance with subsection (a) would pose a substantial risk to human life, health, or safety, the Commandant—
(1) may make an award or issue a letter described in such subsection without the notification required under such subsection; and
(2) shall notify the appropriate committees of Congress not later than 5 full business days after such an award is made or letter issued.
(c)Applicability.—Subsection (a) shall not apply to funds that are not available for obligation.
(d)Appropriate Committees of Congress Defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and
(2) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.
(Added Pub. L. 117–263, div. K, title CXII, § 11262(a), Dec. 23, 2022, 136 Stat. 4060.)