14 U.S.C. § 5107 — Major acquisition program risk assess-

Page 233 TITLE 14—COAST GUARD § 5107 cluding submerged lands, under the control of the Coast Guard, which shall include— (1) the size, the location, and any other ap- propriate 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 pro- jected Coast Guard mission requirement; or (B) subject to divestiture; and (4) other information the Commandant con- siders appropriate. (b) UPDATES.—The Commandant shall update information on each unit of real property in- cluded in the inventory required under sub- section (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 there- after, 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 report that includes— (1) a list of all real property under the con- trol of the Coast Guard and the location of such property by property type; (2) recommendations for divestiture with re- spect 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 as- sociated with each recommended consolida- tion; 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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 679 of this title as this section. Subsec. (a). Pub. L. 115–232, § 3539(1), in introductory provisions, substituted ‘‘The Commandant shall main- tain’’ for ‘‘Not later than September 30, 2015, the Com- mandant shall establish’’. Subsec. (b). Pub. L. 115–232, § 3539(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘The Commandant shall— ‘‘(1) maintain the inventory required under sub- section (a) on an ongoing basis; and ‘‘(2) update information on each unit of real prop- erty included in such inventory not later than 30 days after any change relating to the control of such prop- erty.’’ § 5106. Annual performance report Not later than the date on which the President submits to Congress a budget pursuant to sec- tion 1105 of title 31, the Commandant of the Coast Guard shall make available on a public website and submit to the Committee on Trans- portation and Infrastructure of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate an update on Coast Guard mission perform- ance during the previous fiscal year. (Added Pub. L. 115–232, div. C, title XXXV, § 3521(b)(1), Aug. 13, 2018, 132 Stat. 2314, § 2905; re- numbered § 5106, Pub. L. 115–282, title I, § 122(b), Dec. 4, 2018, 132 Stat. 4239.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 2905 of this title as this section. § 5107. Major acquisition program risk assess- ment (a) IN GENERAL.—Not later than October 15 of each year, the Commandant of the Coast Guard shall provide 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 briefing regarding a current assessment of the risks associated with all current major acquisi- tion 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 pro- gram. (2) Any failure of such program to dem- onstrate a key performance parameter or threshold during operational test and evalua- tion 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 de- fined) during such fiscal year. (Added Pub. L. 115–232, div. C, title XXXV, § 3526(a), Aug. 13, 2018, 132 Stat. 2317, § 2906; re- numbered § 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.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 8240(e)(1), sub- stituted ‘‘October 15’’ for ‘‘April 15 and October 15’’. Subsec. (b)(2). Pub. L. 116–283, § 8240(e)(2)(A), sub- stituted ‘‘the previous fiscal year’’ for ‘‘the 2 fiscal- year quarters preceding such assessment’’. Subsec. (b)(3). Pub. L. 116–283, § 8240(e)(2)(B), sub- stituted ‘‘such fiscal year’’ for ‘‘such 2 fiscal-year quar- ters’’. Subsec. (b)(4). Pub. L. 116–283, § 8240(e)(2)(C), sub- stituted ‘‘such fiscal year’’ for ‘‘such 2 fiscal-year quar- ters’’. Subsec. (b)(5). Pub. L. 116–283, § 8240(e)(2)(D), sub- stituted ‘‘such fiscal year’’ for ‘‘such 2 fiscal-year quar- ters’’. 2018—Pub. L. 115–282, § 122(b), renumbered section 2906 of this title as this section. 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.)