14 U.S.C. § 5110 — Mission need statement

Page 234 TITLE 14—COAST GUARD § 5108 Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 5103(f)’’ for ‘‘section 2903(f)’’. § 5108. Unfunded priorities list (a) IN GENERAL.—Not later than 60 days after the date on which the President submits to Con- gress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Com- mittee on Transportation and Infrastructure of the House of Representatives and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate a list of each unfunded pri- ority for the Coast Guard. (b) PRIORITIZATION.—The list required under subsection (a) shall present the unfunded prior- ities in order from the highest priority to the lowest, as determined by the Commandant. (c) UNFUNDED PRIORITY DEFINED.—In this sec- tion, the term ‘‘unfunded priority’’ means a pro- gram or mission requirement that— (1) has not been selected for funding in the applicable proposed budget; (2) is necessary to fulfill a requirement asso- ciated with an operational need; and (3) the Commandant would have rec- ommended for inclusion in the applicable pro- posed budget had additional resources been available or had the requirement emerged be- fore 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 Transpor- tation and Infrastructure of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate a re- port on gender diversity in the Coast Guard. (b) CONTENTS.—The report required under sub- section (a) shall contain the following: (1) GENDER DIVERSITY OVERVIEW.—An over- view 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 re- cruitment 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 increas- ing the recruitment and retention of female members. (3) PARENTAL LEAVE.— (A) The number of men and women who took parental leave during each year cov- ered 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 gen- der-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 opportu- nities 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.) Editorial Notes REFERENCES IN TEXT Subsection (a) of section 8215 of the Elijah E. Cummings Coast Guard Authorization Act of 2020, re- ferred to in subsec. (b)(5), is section 8215(a) of Pub. L. 116–283, div. G, title LVXXXII [LXXXII], Jan. 1, 2021, 134 Stat. 4650, which is set out as a note under section 504 of this title. § 5110. Mission need statement (a) IN GENERAL.—On the date on which the President submits to Congress a budget for fis- cal 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 mis- sion hour targets; (B) explains how each major acquisition program addresses gaps identified under sub- paragraph (A) if funded at the levels pro- vided 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 re- quired 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.) Page 235 TITLE 14—COAST GUARD § 5112 Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 renumbered section 1110 of this title as this section. 2018—Pub. L. 115–282, § 108(b), renumbered section 569 of this title as this section. 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 Con- gress a budget for fiscal year 2019 under such section,’’ after ‘‘section 1105 of title 31’’. Subsec. (b)(2). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 5103’’ for ‘‘section 2903’’. Subsec. (b)(3). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 5102(a)(1)’’ for ‘‘section 2902(a)(1)’’. 2016—Subsec. (b)(2). Pub. L. 114–120, § 102(f)(1), sub- stituted ‘‘in section 2903’’ for ‘‘in section 569a(e)’’. Subsec. (b)(3). Pub. L. 114–120, § 102(f)(2), substituted ‘‘under section 2902(a)(1)’’ for ‘‘under section 663(a)(1)’’. 2014—Pub. L. 113–281 amended section generally. Prior to amendment, section related to submission of report, not later than Dec. 31, 2011, to appropriate congres- sional committees on the employment during the pre- ceding year by Coast Guard contractors of individuals who were Coast Guard officials in the previous 5-year period. 2012—Subsec. (a). Pub. L. 112–213 struck out ‘‘and an- nually thereafter,’’ after ‘‘December 31, 2011,’’. Statutory Notes and Related Subsidiaries ADDITIONAL SUBMISSIONS Pub. L. 114–120, title I, § 101(f), Feb. 8, 2016, 130 Stat. 32, provided that: ‘‘The Commandant of the Coast Guard shall submit to the Committee on Homeland Se- curity of the House of Representatives— ‘‘(1) each plan required under section 2904 [now 5104] of title 14, United States Code, as added by subsection (a) of this section; ‘‘(2) each plan required under section 2903(e) [now 5103(e)] of title 14, United States Code, as added by section 206 of this Act; ‘‘(3) each plan required under section 2902 [now 5102] of title 14, United States Code, as redesignated by subsection (d) of this section; and ‘‘(4) each mission need statement required under section 569 [now 5110] of title 14, United States Code.’’ § 5111. Report on diversity at Coast Guard Acad- emy (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 Transpor- tation and Infrastructure of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate. (b) CONTENTS.—The report required under sub- section (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 re- cruitment activities for the preceding year, in- cluding the effectiveness of the Coast Guard Academy minority outreach team program de- scribed under section 1905 and of outreach and recruitment activities in the territories and other possessions of the United States; (3) enrollment information about the incom- ing class, including the gender, race, eth- nicity, religion, socioeconomic background, and State of residence of Coast Guard Acad- emy cadets; (4) information on class retention, outcomes, and graduation rates, including the race, gen- der, ethnicity, religion, socioeconomic back- ground, and State of residence of Coast Guard Academy cadets; (5) information on efforts to retain diverse cadets, including through professional devel- opment and professional advancement pro- grams for staff and faculty; and (6) a summary of reported allegations of dis- crimination on the basis of race, color, na- tional 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.) Editorial Notes REFERENCES IN TEXT Section 8272 of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(1), is section 8272 of Pub. L. 116–283, div. G, title LVXXXII [LXXXII], Jan. 1, 2021, 134 Stat. 4681, which is set out as a note under section 1901 of this title. § 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 mem- bers of the Coast Guard to the Committee on Transportation and Infrastructure and the Com- mittee on Homeland Security of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate. (b) CONTENTS.—The report required under sub- section (a) shall contain the following: (1) The number of sexual assaults and inci- dents 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 re- ported 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 dur- ing the year covered by such report in re- sponse to incidents of sexual assault and sex- ual 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 re- sponse to sexual assault and sexual harass- ment 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 inves- tigation of a sexual assault committed against the individual. (B) The number of instances in which ad- verse action was taken against a covered indi- vidual who was accused of collateral mis- conduct or crimes as described in subpara- graph (A).