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Title 14 — Coast Guard

Chapter 51 — Reports

§ 5107. Quarterly acquisition reports and major acquisition program risk assessment

Statutory text

(a)

In General.—

Not later than 45 days after the end of each fiscal quarter, the Commandant 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 on all Level 1 and Level 2 acquisition programs, as such terms are defined in section 1171.

(b)

Additional Briefing.—

Not later than 1 week before taking procurement actions that will significantly impact the costs or timelines of a Level 1 or Level 2 acquisition program, the Commandant shall brief the committees described in subsection (a).

(c)

Elements.—

Each briefing required under subsection (a) or (b) shall include, for each program—

(1)

a description of the purpose of the program, including the capabilities being acquired;

(2)

the total number of units, as appropriate, to be acquired annually until procurement is complete under the current acquisition program baseline;

(3)

the Acquisition Review Board status, including—

(A)

the current acquisition phase by increment, as applicable;

(B)

the date of the most recent review; and

(C)

whether the program has been paused or is in breach status;

(4)

a comparison between the initial Department-approved acquisition program baseline cost, schedule, and performance thresholds and objectives and the current such thresholds and objectives of the program, if applicable;

(5)

the lifecycle cost estimate, adjusted for comparison to the Future Coast Guard Program, including—

(A)

the confidence level for the estimate;

(B)

the fiscal years included in the estimate;

(C)

a breakout of the estimate for the prior five years, the current year, and the budget year;

(D)

a breakout of the estimate by appropriation account or other funding source; and

(E)

a description of and rationale for any changes to the estimate as compared to the previous quarter or to the previously approved baseline, as applicable;

(6)

a summary of the findings of any independent verification and validation of the items to be acquired or an explanation for why no such verification and validation has been performed;

(7)

a table displaying the obligation of all program funds by prior fiscal year, the estimated obligation of funds for the current fiscal year, and an estimate for the planned carryover of funds into the subsequent fiscal year;

(8)

a listing of prime contractors and major subcontractors; and

(9)

narrative descriptions of risks to cost, schedule, or performance that could result in a program breach if not successfully mitigated, including—

(A)

the current risks to such program;

(B)

any failure of such program to demonstrate a key performance parameter or threshold during operational test and evaluation conducted during the previous fiscal year;

(C)

whether there has been any decision in such fiscal year to order full-rate production before all key performance parameters or thresholds are met;

(D)

whether there has been any breach of major acquisition program cost (as such term is defined in the manual of the Coast Guard titled “Major Systems Acquisition Manual” (COMDTINST M5000.10C)) in such fiscal year; and

(E)

whether there has been any breach of major acquisition program schedule (as such term is defined in the manual of the Coast Guard titled “Major Systems Acquisition Manual” (COMDTINST M5000.10C)) during such fiscal year.

(d)

Memorandum Deadline.—

Not later than 5 business days after the date on which the Secretary approves an Acquisition Decision Memorandum for programs described in this section, the Commandant shall submit such memorandum to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. C title XXXV § 3526(a) · 132 Stat. 1636

    Enacted · 14 U.S.C. § 5107

    Added Pub. L. 115–232, div. C, title XXXV, § 3526(a), Aug. 13, 2018, 132 Stat. 2317, § 2906

    Source evidence

    Code source credit
    Added Pub. L. 115–232, div. C, title XXXV, § 3526(a), Aug. 13, 2018, 132 Stat. 2317, § 2906

    Enacted provision · exact public law section
    (a) In General.— Chapter 29 of title 14, United States Code, as amended by section 3521(b)(1) of this Act, is further amended by adding at the end the following: “§ 2906. Major acquisition program risk assessment “(a) In General.— Not later than April 15 and 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 2903(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 2 fiscal-year quarters preceding such assessment. “(3) Whether there has been any decision in such 2 fiscal-year quarters 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 2 fiscal-year quarters. “(5) Whether there has been any breach of major acquisition program schedule (as so defined) during such 2 fiscal-year quarters.” .

  2. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 122(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 5107

    Pub. L. 115–282, § 122(b), renumbered section 2906 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 122(b), renumbered section 2906 of this title as this section.

    Enacted provision · exact public law section
    (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 51 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 2901Transmission of annual Coast Guard authorization request5101 2902Capital investment plan5102 2903Major acquisitions5103 2904Manpower requirements plan5104 679Inventory of real property5105 2905Annual performance report5106 2906Major acquisition risk assessment5107

  3. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

    Substituted · 14 U.S.C. § 5107(a)

    Pub. L. 115–282, § 123(b)(2), substituted “section 5103(f)” for “section 2903(f)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 5103(f)” for “section 2903(f)”.

    Enacted provision · exact public law section
    (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

  4. Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8240(e)(1) · 134 Stat. 3388

    Substituted · 14 U.S.C. § 5107(a)

    Pub. L. 116–283, § 8240(e)(1), substituted “October 15” for “April 15 and October 15”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 8240(e)(1), substituted “October 15” for “April 15 and October 15”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “April 15 and October 15” and inserting “October 15”; and

  5. Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8240(e)(2)(A) · 134 Stat. 3388

    Substituted · 14 U.S.C. § 5107(b)(2)

    Pub. L. 116–283, § 8240(e)(2)(A), substituted “the previous fiscal year” for “the 2 fiscal-year quarters preceding such assessment”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 116–283, § 8240(e)(2)(A), substituted “the previous fiscal year” for “the 2 fiscal-year quarters preceding such assessment”.

    Enacted provision · exact public law section
    (A) in paragraph (2), by striking “the 2 fiscal-year quarters preceding such assessment” and inserting “the previous fiscal year”;

  6. Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8240(e)(2)(B) · 134 Stat. 3388

    Substituted · 14 U.S.C. § 5107(b)(3)

    Pub. L. 116–283, § 8240(e)(2)(B), substituted “such fiscal year” for “such 2 fiscal-year quarters”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 116–283, § 8240(e)(2)(B), substituted “such fiscal year” for “such 2 fiscal-year quarters”.

    Enacted provision · exact public law section
    (B) in paragraph (3), by striking “such 2 fiscal-year quarters” and inserting “such fiscal year”;

  7. Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8240(e)(2)(C) · 134 Stat. 3388

    Substituted · 14 U.S.C. § 5107(b)(4)

    Pub. L. 116–283, § 8240(e)(2)(C), substituted “such fiscal year” for “such 2 fiscal-year quarters”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 116–283, § 8240(e)(2)(C), substituted “such fiscal year” for “such 2 fiscal-year quarters”.

    Enacted provision · exact public law section
    (C) in paragraph (4), by striking “such 2 fiscal-year quarters” and inserting “such fiscal year”; and

  8. Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8240(e)(2)(D) · 134 Stat. 3388

    Substituted · 14 U.S.C. § 5107(b)(5)

    Pub. L. 116–283, § 8240(e)(2)(D), substituted “such fiscal year” for “such 2 fiscal-year quarters”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 116–283, § 8240(e)(2)(D), substituted “such fiscal year” for “such 2 fiscal-year quarters”.

    Enacted provision · exact public law section
    (D) in paragraph (5), by striking “such 2 fiscal-year quarters” and inserting “such fiscal year”.

  9. Pub. L. 119–60 § 7113(a) · 139 Stat. 1666

    Amended · 14 U.S.C. § 5107

    Pub. L. 119–60, § 7113(a), amended section generally. Prior to amendmemnt, section related to major acquisition program risk assessment

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Pub. L. 119–60, § 7113(a), amended section generally. Prior to amendmemnt, section related to major acquisition program risk assessment.

  10. Pub. L. 119–60 § 7112(b) · 139 Stat. 1666

    Substituted · 14 U.S.C. § 5107(a)

    Pub. L. 119–60, § 7112(b), substituted “section 1171” for “section 5103(f)”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 119–60, § 7112(b), substituted “section 1171” for “section 5103(f)”.

8 of 10 references resolved to an enrolled provision · 2 unresolved

Editorial Notes

Amendments2018–2025 · 3 rounds

2025

Pub. L. 119–60, § 7113(a), amended section generally. Prior to amendmemnt, section related to major acquisition program risk assessment.

Subsec. (a). Pub. L. 119–60, § 7112(b), substituted “section 1171” for “section 5103(f)”.

2021

Subsec. (a). Pub. L. 116–283, § 8240(e)(1), substituted “October 15” for “April 15 and October 15”.

Subsec. (b)(2). Pub. L. 116–283, § 8240(e)(2)(A), substituted “the previous fiscal year” for “the 2 fiscal-year quarters preceding such assessment”.

Subsec. (b)(3). Pub. L. 116–283, § 8240(e)(2)(B), substituted “such fiscal year” for “such 2 fiscal-year quarters”.

Subsec. (b)(4). Pub. L. 116–283, § 8240(e)(2)(C), substituted “such fiscal year” for “such 2 fiscal-year quarters”.

Subsec. (b)(5). Pub. L. 116–283, § 8240(e)(2)(D), substituted “such fiscal year” for “such 2 fiscal-year quarters”.

2018

Pub. L. 115–282, § 122(b), renumbered section 2906 of this title as this section.

Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 5103(f)” for “section 2903(f)”.

Credits

2018–2025 · 4 acts
  1. 2018Added Pub. L. 115–232, div. C, title XXXV, § 3526(a), , 132 Stat. 2317, § 2906
  2. 2018renumbered § 5107 and amended Pub. L. 115–282, title I, §§ 122(b), 123(b)(2), , 132 Stat. 4239, 4240
  3. 2021Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8240(e), , 134 Stat. 4667
  4. 2025Pub. L. 119–60, div. G, title LXXI, §§ 7112(b), 7113(a), , 139 Stat. 1666.
Show as published

(Added Pub. L. 115–232, div. C, title XXXV, § 3526(a), , 132 Stat. 2317, § 2906; renumbered § 5107 and amended Pub. L. 115–282, title I, §§ 122(b), 123(b)(2), , 132 Stat. 4239, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8240(e), , 134 Stat. 4667; Pub. L. 119–60, div. G, title LXXI, §§ 7112(b), 7113(a), , 139 Stat. 1666.)

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