14 U.S.C. § 5112 — Sexual assault and sexual harassment in

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). Page 236 TITLE 14—COAST GUARD § 5113 (C) The percentage of investigations of sex- ual assaults that involved an accusation or ad- verse action against a covered individual as described in subparagraphs (A) and (B). (D) In this paragraph, the term ‘‘covered in- dividual’’ means an individual who is identi- fied as a victim of a sexual assault in the case files of a military criminal investigative orga- nization. (Added and amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8501(a)(7), Jan. 1, 2021, 134 Stat. 4745.) Editorial Notes CODIFICATION Pub. L. 111–281, title II, § 217, Oct. 15, 2010, 124 Stat. 2917, formerly set out as a note under section 504 of this title, was redesignated as this section, transferred to appear after section 5111 of this title, and amended so that the enumerator, section catchline, typeface, and typestyle conformed to those appearing in other sec- tions of this title by Pub. L. 116–283, § 8501(a)(7)(A). AMENDMENTS 2021—Pub. L. 116–283, § 8501(a)(7)(A), (B)(i), redesig- nated section 217 of Pub. L. 111–281 as this section, made technical changes to conform this section to other sections of this title, and substituted section catchline for former section catchline ‘‘Report on Sex- ual Assaults in the Coast Guard’’. See Codification note above. Subsec. (b)(5). Pub. L. 116–283, § 8501(a)(7)(B)(ii), added par. (5). § 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 pur- suant to section 1105 of title 31, 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 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 de- fense readiness missions Not later than 1 year after the date of enact- ment of this section, and every February 1 thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Trans- portation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that adequately rep- resents a calculation of the annual costs and ex- penditures of performing and executing all de- fense readiness mission activities, including— (1) all expenses related to the Coast Guard’s coordination, training, and execution of de- fense 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 se- curity 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 de- tachments assigned in support of the defense readiness mission of the Coast Guard; and (3) any other related expenses, costs, or mat- ters 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.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022. § 5115. Major grants, contracts, or other trans- actions (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 Af- fairs not later than 3 full business days in ad- vance 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 re- quiring 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 subpara- graph (A), (B), (C), or (D), including a con- tract covered by the Federal Acquisition Regulation. (2) ELEMENT.—A notification under this sub- section 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 deter- mines 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 de- scribed in such subsection without the notifi- cation 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 obliga- tion. (d) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this section, the term ‘‘appropriate committees of Congress’’ means—