§ 5102. Capital investment plan

§ 5102. Capital investment plan

(a) In General.— Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, 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 a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget—

(1) the proposed appropriations included in the budget;

(2) the total estimated cost of completion based on the proposed appropriations included in the budget;

(3) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier;

(4) an estimated completion date based on the proposed appropriations included in the budget;

(5) an acquisition program baseline, as applicable; and

(6) projected commissioning and decommissioning dates for each asset.

(b) New Capital Assets.— In the fiscal year following each fiscal year for which appropriations are enacted for a new capital asset, the report submitted under subsection (a) shall include—

(1) an estimated life-cycle cost estimate for the new capital asset;

(2) an assessment of the impact the new capital asset will have on—

(A) delivery dates for each capital asset;

(B) estimated completion dates for each capital asset;

(C) the total estimated cost to complete each capital asset; and

(D) other planned construction or improvement projects; and

(3) recommended funding levels for each capital asset necessary to meet the estimated completion dates and total estimated costs included in the such 11 So in original. asset’s approved acquisition program baseline.

(c) Definitions.— In this section, the term “new capital asset” means—

(1) an acquisition program that does not have an approved acquisition program baseline; or

(2) the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline.

(Added Pub. L. 97–295, § 2(20)(A), Oct. 12, 1982, 96 Stat. 1303, § 663; amended Pub. L. 100–448, § 25, Sept. 28, 1988, 102 Stat. 1847; Pub. L. 101–595, title III, § 311(c), Nov. 16, 1990, 104 Stat. 2987; Pub. L. 107–295, title IV, § 408(a)(2), Nov. 25, 2002, 116 Stat. 2117; Pub. L. 112–213, title II, § 213(a), Dec. 20, 2012, 126 Stat. 1552; renumbered § 2902 and amended Pub. L. 114–120, title I, § 101(d)(2), title II, § 204(b), Feb. 8, 2016, 130 Stat. 31, 34; Pub. L. 115–232, div. C, title XXXV, §§ 3525, 3531(c)(15), Aug. 13, 2018, 132 Stat. 2316, 2320; renumbered § 5102 and amended Pub. L. 115–282, title I, § 122(b), title III, § 317(a), Dec. 4, 2018, 132 Stat. 4239, 4250.)

The words “with the fiscal year 1982 budget request” and “subsequent” are omitted as executed.

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 122(b), renumbered section 2902 of this title as this section.

Subsec. (a). Pub. L. 115–282, § 317(a)(1), amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, 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—

“(1) a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget—

“(A) the proposed appropriations included in the budget;

“(B) the total estimated cost of completion based on the proposed appropriations included in the budget;

“(C) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier;

“(D) an estimated completion date based on the proposed appropriations included in the budget;

“(E) an acquisition program baseline, as applicable; and

“(F) projected commissioning and decommissioning dates for each asset; and

“(2) a list of each unfunded priority for the Coast Guard.”

Pub. L. 115–232, §§ 3525(1), 3531(c)(15), in introductory provisions, substituted “Not later than 60 days after the date” for “On the date” and “Commandant” for “Commandant of the Coast Guard”.

Subsec. (a)(1)(F). Pub. L. 115–232, § 3525(2), (3), added subpar. (F).

Subsec. (c). Pub. L. 115–282, § 317(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) defined the terms “unfunded priority” and “new capital asset”.

2016—Pub. L. 114–120, § 101(d)(2), renumbered section 663 of this title as this section.

Subsec. (a)(1)(B). Pub. L. 114–120, § 204(b)(1)(A), substituted “completion based on the proposed appropriations included in the budget;” for “completion;”.

Subsec. (a)(1)(D). Pub. L. 114–120, § 204(b)(1)(B), substituted “based on the proposed appropriations included in the budget;” for “at the projected funding levels;”.

Subsec. (b). Pub. L. 114–120, § 204(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 114–120, § 204(b)(2), (3), redesignated subsec. (b) as (c) and amended it generally. Prior to amendment, text read as follows: “In this section, the term ‘unfunded priority’ means a program or mission requirement that—

“(1) has not been selected for funding in the applicable proposed budget;

“(2) is necessary to fulfill a requirement associated with an operational need; and

“(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted.”

2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: “The President shall submit to Congress with each budget request for the Coast Guard the current copy of the Coast Guard’s Capital Investment Plan, Cutter Plan, Aviation Plan, Shore Facilities Plan, and Information Resources Management Plan. Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.”

2002—Pub. L. 107–295 substituted “Transportation and Infrastructure” for “Merchant Marine and Fisheries”.

1990—Pub. L. 101–595 substituted “Shore Facilities Plan, and Information Resources Management Plan.” for “and Shore Facilities Plan.”

1988—Pub. L. 100–448 inserted at end “Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Merchant Marine and Fisheries and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.”

Statutory Notes and Related Subsidiaries

Report on Shoreside Infrastructure and Facilities Projects

Pub. L. 117–263, div. K, title CXII, § 11201, Dec. 23, 2022, 136 Stat. 4006, provided that: “(a) In General.—Not less frequently than annually, the Commandant [of the Coast Guard] shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—“(1) a detailed list of Coast Guard shoreside infrastructure projects contemplated in each Coast Guard Sector area of responsibility and planned within the 7 years following the submission of the annual report for all Coast Guard facilities located within each Coast Guard Sector area of responsibility in the order of priority, including recapitalization, maintenance needs in excess of $100,000, dredging, and other shoreside infrastructure needs of the Coast Guard; “(2) the estimated cost of projects to fulfill each project, to the extent available; and “(3) a general description of the state of planning, including design and engineering, for each such project. “(b) Contents.—The report submitted under subsection (a) shall include all unfunded shoreside infrastructure and facility priorities meeting the criteria under subsection (a) recommended to the Commandant for consideration for inclusion in the unfunded priority list report to Congress under section 5108 of title 14, United States Code, regardless of whether the unfunded shoreside infrastructure project is included in the final annual unfunded priority list to Congress.”

Ensuring Maritime Coverage

Pub. L. 115–282, title VIII, § 817(d), Dec. 4, 2018, 132 Stat. 4307, provided that: “In order to meet Coast Guard mission requirements for search and rescue, ports, waterways, and coastal security, and maritime environmental response during recapitalization of Coast Guard vessels, the Coast Guard shall ensure continuity of the coverage, to the maximum extent practicable, in the locations that may lose assets.”

Additional Submissions

Commandant of the Coast Guard shall submit to the Committee on Homeland Security of the House of Representatives 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.

Capital Investment Plan

Pub. L. 111–281, title IX, § 918, Oct. 15, 2010, 124 Stat. 3022, which required the Commandant to submit to Congress the Coast Guard’s 5-year capital investment plan concurrent with the President’s budget submission for each fiscal year, was repealed by Pub. L. 112–213, title II, § 213(c)(3), Dec. 20, 2012, 126 Stat. 1553.

Deepwater Reports

Pub. L. 109–241, title IV, § 408, July 11, 2006, 120 Stat. 537, as amended by Pub. L. 112–213, title II, § 210(c)(1), Dec. 20, 2012, 126 Stat. 1551, provided that: “[(a) Repealed. Pub. L. 112–213, title II, § 210(c)(1), Dec. 20, 2012, 126 Stat. 1551.] “(b) Deepwater Acceleration Report.—Not later than 30 days after the date of enactment of this Act [July 11, 2006], the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the acceleration of the current Deepwater program acquisition timeline that reflects completion of the Deepwater program in each of 10 years and 15 years and includes—“(1) a detailed explanation of the number and type of each asset that would be procured for each fiscal year under each accelerated acquisition timeline; “(2) the required funding for such completion under each accelerated acquisition timeline; “(3) anticipated costs associated with legacy asset sustainment for the Deepwater program under each accelerated acquisition timeline; “(4) anticipated mission deficiencies, if any, associated with the continued degradation of legacy assets in combination with the procurement of new assets under each accelerated acquisition timeline; and “(5) an evaluation of the overall feasibility of achieving each accelerated acquisition timeline, including—“(A) contractor capacity; “(B) national shipbuilding capacity; “(C) asset integration into Coast Guard facilities; “(D) required personnel; and “(E) training infrastructure capacity on technology associated with new assets. “(c) Oversight Report.—Not later than 90 days after the date of enactment of this Act [July 11, 2006], the Commandant of the Coast Guard, in consultation with the Government Accountability Office, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the Coast Guard’s implementation of the Government Accountability Office’s recommendations in its report, GAO–04–380, entitled ‘Coast Guard Deepwater Program Needs Increased Attention to Management and Contractor Oversight’, including the dates by which the Coast Guard plans to complete implementation of such recommendations if any of such recommendations remain open as of the date the report is transmitted to the Committees. “(d) Independent Analysis of Revised Deepwater Plan.—The Secretary may periodically, either through an internal review process or a contract with an outside entity, conduct an analysis of all or part of the Deepwater program and assess whether—“(1) the choice of assets and capabilities selected as part of that program meets the Coast Guard’s goals for performance and minimizing total ownership costs; or “(2) additional or different assets should be considered as part of that program.”

Revised Deepwater Implementation Plan

Pub. L. 111–83, title II, Oct. 28, 2009, 123 Stat. 2153, provided in part: “That the Secretary [of Homeland Security] shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction with the fiscal year 2011 budget request, a comprehensive review of the Revised Deepwater Implementation Plan, and every 5 years thereafter, that includes a complete projection of the acquisition costs and schedule for the duration of the plan”.

Similar provisions were contained in the following prior appropriation acts:

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.

Future-Years Capital Investment Plan