14 U.S.C. § 5103 — Major acquisitions

Page 231 TITLE 14—COAST GUARD § 5103 1 See References in Text note below. ture-years capital investment plan are consistent, to the maximum extent practicable, with proposed appro- priations necessary to support the programs, projects, and activities of the Coast Guard in the President’s budget as submitted under section 1105(a) of title 31, United States Code, for that fiscal year: Provided fur- ther, That any inconsistencies between the capital in- vestment plan and proposed appropriations shall be identified and justified’’. Similar provisions were contained in the following appropriation acts: Pub. L. 114–113, div. F, title II, Dec. 18, 2015, 129 Stat. 2501. Pub. L. 114–4, title II, Mar. 4, 2015, 129 Stat. 48. Pub. L. 113–76, div. F, title II, Jan. 17, 2014, 128 Stat. 256. Pub. L. 112–74, div. D, title II, Dec. 23, 2011, 125 Stat. 954. Pub. L. 111–83, title II, Oct. 28, 2009, 123 Stat. 2153. Pub. L. 110–329, div. D, title II, Sept. 30, 2008, 122 Stat. 3665. Pub. L. 110–161, div. E, title II, Dec. 26, 2007, 121 Stat. 2056. Pub. L. 109–295, title II, Oct. 4, 2006, 120 Stat. 1365. Pub. L. 109–90, title II, Oct. 18, 2005, 119 Stat. 2072. Pub. L. 108–334, title II, Oct. 18, 2004, 118 Stat. 1306. UNFUNDED PRIORITIES Pub. L. 108–334, title V, § 514, Oct. 18, 2004, 118 Stat. 1317, provided that: ‘‘The Commandant of the Coast Guard shall provide to the Congress each year, at the time that the President’s budget is submitted under section 1105(a) of title 31, United States Code, a list of approved but unfunded Coast Guard priorities and the funds needed for each such priority in the same manner and with the same contents as the unfunded priorities lists submitted by the chiefs of other Armed Services.’’ STATUS REPORTS ON POLAR ICEBREAKING VESSELS Pub. L. 99–640, § 15, Nov. 10, 1986, 100 Stat. 3552, pro- vided that: ‘‘The Secretary of the department in which the Coast Guard is operating shall provide detailed re- ports to Congress concerning the status of design and construction plans for the procurement of at least two new polar icebreaking vessels. Such reports shall be in- cluded in the Cutter Plan required annually by section 663 [now 5102] of title 14, United States Code, and shall be submitted each year until at least two new polar icebreaking vessels have been delivered to the Coast Guard.’’ § 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 Infra- structure of the House of Representatives a re- port on the status of all major acquisition pro- grams. (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 sec- tion; (2) a justification explaining how the pro- jected number and capabilities of assets ac- quired 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 re- spect to such program, including— (A) any changes to the timeline for the ac- quisition of each new asset and the phaseout of legacy assets; and (B) any changes to— (i) the costs of new assets or legacy as- sets 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 ap- plicable fiscal year’s budget request will be al- located, including information on the pur- chase of specific assets; (8) a projection of the remaining operational lifespan and life-cycle cost of each legacy asset that also identifies any anticipated re- source 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 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 detail- ing 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 air- craft to be decommissioned; (2) the numbers and types of cutters and air- craft to be acquired to— (A) replace the cutters and aircraft identi- fied under paragraph (1); or (B) address an identified capability gap; and (3) the estimated level of funding in each fis- cal year required to— Page 232 TITLE 14—COAST GUARD § 5104 (A) acquire the cutters and aircraft identi- fied 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 shore- side infrastructure. (f) MAJOR ACQUISITION PROGRAM DEFINED.—In this section, the term ‘‘major acquisition pro- gram’’ means an ongoing acquisition under- taken 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 amend- ed 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.) Editorial Notes REFERENCES IN TEXT Section 1102(c), referred to in subsec. (c)(2), was, prior to amendment of this section by Pub. L. 115–282, a ref- erence to section 562(c) of this title, which was redesig- nated as section 562(b) by Pub. L. 114–328, div. A, title VIII, § 899(b)(1)(B), Dec. 23, 2016, 130 Stat. 2333. Section 562 of this title was renumbered section 1102 of this title by Pub. L. 115–282, title I, § 108(b)(2), Dec. 4, 2018, 132 Stat. 4208. AMENDMENTS 2021—Subsec. (e)(3)(B) to (D). Pub. L. 116–283 added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. 2018—Pub. L. 115–282, § 122(b), renumbered section 2903 of this title as this section. Subsec. (c)(2). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 1102(c)’’ for ‘‘section 562(c)’’. Subsecs. (f), (g). Pub. L. 115–232 redesignated subsec. (g) as (f) and struck out former subsec. (f) which re- quired quarterly updates on risks of programs. 2016—Pub. L. 114–120, § 101(d)(3)(A), (B), renumbered section 569a of this title as this section. Subsec. (c)(2). Pub. L. 114–120, § 101(d)(3)(C), struck out ‘‘of this subchapter’’ after ‘‘section 562(c)’’. Subsecs. (e) to (g). Pub. L. 114–120, § 204(e), added sub- secs. (e) and (f) and redesignated former subsec. (e) as (g). Statutory Notes and Related Subsidiaries ADDITIONAL SUBMISSIONS Commandant of the Coast Guard shall submit to the Committee on Homeland Security of the House of Rep- resentatives each plan required under subsection (e) of this section, see section 101(f) of Pub. L. 114–120, set out as a note under section 5110 of this title. § 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 Com- mandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate 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 re- quirements 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 ful- fill such mission requirements— (A) currently; and (B) as projected for the upcoming fiscal year and each of the 3 fiscal years there- after; (3) the number of active duty, reserve, and civilian personnel required to fulfill such mis- sion requirements— (A) currently; and (B) as projected for the upcoming fiscal year and each of the 3 fiscal years there- after; (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 there- after; and (5) an identification of the actions the Com- mandant will take to address capability gaps identified under paragraph (4). (c) CONSIDERATION.—In composing a manpower requirements plan for submission under sub- section (a), the Commandant shall consider— (1) the marine safety strategy required under section 2116 of title 46; (2) information on the adequacy of the ac- quisition workforce included in the most re- cent report under section 5103 of this title; and (3) any other Federal strategic planning ef- fort 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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 122(b), renumbered section 2904 of this title as this section. Subsec. (c)(2). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 5103’’ for ‘‘section 2903’’. Statutory Notes and Related Subsidiaries ADDITIONAL SUBMISSIONS Commandant of the Coast Guard shall submit to the Committee on Homeland Security of the House of Rep- resentatives each plan required under this section, see section 101(f) of Pub. L. 114–120, set out as a note under section 5110 of this title. § 5105. Inventory of real property (a) IN GENERAL.—The Commandant shall maintain an inventory of all real property, in-