IIB 

110TH CONGRESS 

1ST SESSION H. R. 2722 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2007 

Received 

AUGUST 3, 2007 

Read twice and referred to the Committee on Commerce, Science, and 

Transportation 

AN ACT 

To restructure the Coast Guard Integrated Deepwater 

Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Integrated Deepwater 

3 Program Reform Act’’. 

4 SEC. 2. IMPLEMENTATION OF COAST GUARD INTEGRATED 

5 DEEPWATER ACQUISITION PROGRAM. 

6 (a) USE OF PRIVATE SECTOR ENTITY AS A LEAD

7 SYSTEMS INTEGRATOR.— 

8 (1) IN GENERAL.—Except as otherwise pro9 vided in this subsection, the Secretary may not use 

10 a private sector entity as a lead systems integrator 

11 for procurements under, or in support of, the Deep12 water Program beginning on the earlier of October 

13 1, 2011, or the date on which the Secretary certifies 

14 in writing to the Committee on Transportation and 

15 Infrastructure of the House of Representatives and 

16 the Committee on Commerce, Science, and Trans17 portation of the Senate that the Coast Guard has 

18 available and can retain sufficient contracting per19 sonnel and expertise within the Coast Guard, 

20 through an arrangement with other Federal agen21 cies, or through contracts or other arrangements 

22 with private sector entities, to perform the functions 

23 and responsibilities of the lead system integrator in 

24 an efficient and cost-effective manner. 

25 (2) COMPLETION OF EXISTING DELIVERY OR26 DERS AND TASK ORDERS.—The Secretary may use 


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1 a private sector entity as a lead systems integrator 

2 to complete any delivery order or task order under 

3 the Deepwater Program that was issued to the lead 

4 systems integrator on or before the date of enact5 ment of this Act. 

6 (3) ASSISTANCE OF OTHER FEDERAL AGEN7 CIES.—In any case in which the Secretary is the sys8 tems integrator under the Deepwater Program, the 

9 Secretary may obtain any type of assistance the Sec10 retary considers appropriate, with any systems inte11 gration functions, from any Federal agency with ex12 perience in systems integration involving maritime 

13 vessels and aircraft. 

14 (4) ASSISTANCE OF PRIVATE SECTOR ENTI15 TIES.—In any case in which the Secretary is the sys16 tems integrator under the Deepwater Program, the 

17 Secretary may, subject to the availability of appro18 priations, obtain by grant, contract, or cooperative 

19 agreement any type of assistance the Secretary con20 siders appropriate, with any systems integration 

21 functions, from any private sector entity with experi22 ence in systems integration involving maritime ves23 sels and aircraft. 

24 (b) COMPETITION.— 


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1 (1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, the Secretary shall use full 

3 and open competition for each class of asset acquisi4 tions under the Deepwater Program for which an 

5 outside contractor is used, if the asset is procured 

6 directly by the Coast Guard or by the Integrated 

7 Coast Guard System acting under a contract with 

8 the Coast Guard. 

9 (2) EXCEPTION.—The Secretary may use a pro10 curement method that is less than full and open 

11 competition to procure an asset under the Deep12 water Program, if— 

13 (A) the Secretary determines that such 

14 method is in the best interests of the Federal 

15 Government; and 

16 (B) by not later than 30 days before the 

17 date of the award of a contract for the procure18 ment, the Secretary submits to the Committee 

19 on Transportation and Infrastructure of the 

20 House of Representatives and the Committee 

21 on Commerce, Science, and Transportation of 

22 the Senate a report explaining why such pro23 curement is in the best interests of the Federal 

24 Government. 


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1 (3) LIMITATION ON APPLICATION.—Paragraph 

2 (1) shall not apply to a contract, subcontract, or 

3 task order that was issued before the date of enact4 ment of this Act, if there is no change in the quan5 tity of assets or the specific type of assets procured. 

6 (c) REQUIRED CONTRACT TERMS.—The Secretary 

7 shall include in each contract, subcontract, and task order 

8 issued under the Deepwater Program after the date of the 

9 enactment of this Act the following provisions, as applica10 ble: 

11 (1) TECHNICAL REVIEWS.—A requirement that 

12 the Secretary shall conduct a technical review of all 

13 proposed designs, design changes, and engineering 

14 changes, and a requirement that the contractor must 

15 specifically address all engineering concerns identi16 fied in the technical reviews, before any funds may 

17 be obligated. 

18 (2) RESPONSIBILITY FOR TECHNICAL REQUIRE19 MENTS.—A requirement that the Secretary shall 

20 maintain the authority to establish, approve, and 

21 maintain technical requirements. 

22 (3) COST ESTIMATE OF MAJOR CHANGES.—A 

23 requirement that an independent cost estimate must 

24 be prepared and approved by the Secretary before 

25 the execution of any change order costing more than 


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1 5 percent of the unit cost approved in the Deepwater 

2 Program baseline in effect as of May 2007. 

3 (4) PERFORMANCE MEASUREMENT.—A require4 ment that any measurement of contractor and sub5 contractor performance must be based on the status 

6 of all work performed, including the extent to which 

7 the work performed met all cost, schedule, and mis8 sion performance requirements outlined in the Deep9 water Program contract. 

10 (5) EARLY OPERATIONAL ASSESSMENT.—For 

11 the acquisition of any cutter class for which an 

12 Early Operational Assessment has not been devel13 oped— 

14 (A) a requirement that the Secretary of 

15 the Department in which the Coast Guard is 

16 operating shall cause an Early Operational As17 sessment to be conducted by the Department of 

18 the Navy after the development of the prelimi19 nary design of the cutter and before the con20 duct of the critical design review of the cutter; 

21 and 

22 (B) a requirement that the Coast Guard 

23 shall develop a plan to address the findings pre24 sented in the Early Operational Assessment. 


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1 (6) TRANSIENT ELECTROMAGNETIC PULSE

2 EMANATION.—For the acquisition or upgrade of air, 

3 surface, or shore assets for which compliance with 

4 transient electromagnetic pulse emanation (TEM5 PEST) is a requirement, a provision specifying that 

6 the standard for determining such compliance shall 

7 be the air, surface, or shore asset standard then 

8 used by the Department of the Navy. 

9 (7) OFFSHORE PATROL CUTTER UNDERWAY RE10 QUIREMENT.—For any contract issued to acquire an 

11 Offshore Patrol Cutter, provisions specifying the 

12 service life, fatigue life, days underway in general 

13 Atlantic and North Pacific Sea conditions, maximum 

14 range, and maximum speed the cutter shall be built 

15 to achieve. 

16 (8) INSPECTOR GENERAL ACCESS.—A require17 ment that the Department of Homeland Security’s 

18 Office of the Inspector General shall have access to 

19 all records maintained by all contractors working on 

20 the Deepwater Program, and shall have the right to 

21 privately interview any contractor personnel. 

22 (d) LIFE CYCLE COST ESTIMATE.— 

23 (1) IN GENERAL.—The Secretary shall develop 

24 an authoritative life cycle cost estimate for the 

25 Deepwater Program. 


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1 (2) CONTENTS.—The life cycle cost estimate 

2 shall include asset acquisition and logistics support 

3 decisions and planned operational tempo and loca4 tions as of the date of enactment of this Act. 

5 (3) SUBMITTAL.—The Secretary shall— 

6 (A) submit the life cycle cost estimate to 

7 the Committee on Transportation and Infra8 structure of the House of Representatives and 

9 the Committee on Commerce, Science, and 

10 Transportation of the Senate within 4 months 

11 after the date of enactment of this Act; and 

12 (B) submit updates of the life cycle cost 

13 estimate to such Committees annually. 

14 (e) CONTRACT OFFICERS.—The Secretary shall as15 sign a separate contract officer for each class of cutter 

16 and aircraft acquired or rehabilitated under the Deep17 water Program, including the National Security Cutter, 

18 the Offshore Patrol Cutter, the Fast Response Cutter A, 

19 the Fast Response Cutter B, maritime patrol aircraft, the 

20 aircraft HC–130J, the helicopter HH–65, the helicopter 

21 HH–60, and the vertical unmanned aerial vehicle. 

22 (f) TECHNOLOGY RISK REPORT.—The Secretary 

23 shall submit to the Committee on Transportation and In24 frastructure of the House of Representatives and the Com25 mittee on Commerce, Science, and Transportation of the 


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1 Senate a report identifying the technology risks and level 

2 of maturity for major technologies used on each class of 

3 asset acquisitions under the Deepwater Program, includ4 ing the Fast Response Cutter A (FRC–A), the Fast Re5 sponse Cutter B (FRC–B), the Offshore Patrol Cutter 

6 (OPC), and the Vertical Unmanned Aerial Vehicle 

7 (VUAV), not later than 90 days before the date of award 

8 of a contract for such an acquisition. 

9 (g) SUBMISSION OF ASSESSMENT RESULTS AND

10 PLANS TO CONGRESS.—The Commandant of the Coast 

11 Guard shall submit to the Committee on Transportation 

12 and Infrastructure of the House of Representatives and 

13 the Committee on Commerce, Science, and Transportation 

14 of the Senate— 

15 (1) the results of each Early Operational As16 sessment conducted pursuant to subsection (c)(5)(A) 

17 and the plan approved by the Commandant pursuant 

18 to subsection (c)(5)(B) for addressing the findings 

19 of such assessment, within 30 days after the Com20 mandant approves the plan; and 

21 (2) a report describing how the recommenda22 tions of each Early Operational Assessment con23 ducted pursuant to subsection (c)(5)(A) on the first 

24 in class of a new cutter class have been addressed 


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1 in the design on which construction is to begin, with2 in 30 days before initiation of construction. 

3 SEC. 3. CHIEF ACQUISITION OFFICER. 

4 (a) IN GENERAL.—Chapter 3 of title 14, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 55. Chief Acquisition Officer 

8 ‘‘(a) ESTABLISHMENT OF AGENCY CHIEF ACQUISI9 TION OFFICER.—The Commandant shall appoint or des10 ignate a career reserved employee as Chief Acquisition Of11 ficer for the Coast Guard, who shall— 

12 ‘‘(1) have acquisition management as that offi13 cial’s primary duty; and 

14 ‘‘(2) report directly to the Commandant to ad15 vise and assist the Commandant to ensure that the 

16 mission of the Coast Guard is achieved through the 

17 management of the Coast Guard’s acquisition activi18 ties. 

19 ‘‘(b) AUTHORITY AND FUNCTIONS OF THE CHIEF

20 ACQUISITION OFFICER.—The functions of the Chief Ac21 quisition Officer shall include— 

22 ‘‘(1) monitoring the performance of acquisition 

23 activities and acquisition programs of the Coast 

24 Guard, evaluating the performance of those pro25 grams on the basis of applicable performance measVerDate Aug 31 2005 21:43 Aug 06, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2722.RFS H2722

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1 urements, and advising the Commandant regarding 

2 the appropriate business strategy to achieve the mis3 sion of the Coast Guard; 

4 ‘‘(2) increasing the use of full and open com5 petition in the acquisition of property and services 

6 by the Coast Guard by establishing policies, proce7 dures, and practices that ensure that the Coast 

8 Guard receives a sufficient number of sealed bids or 

9 competitive proposals from responsible sources to 

10 fulfill the Government’s requirements (including per11 formance and delivery schedules) at the lowest cost 

12 or best value considering the nature of the property 

13 or service procured; 

14 ‘‘(3) ensuring the use of detailed performance 

15 specifications in instances in which performance16 based contracting is used; 

17 ‘‘(4) making acquisition decisions consistent 

18 with all applicable laws and establishing clear lines 

19 of authority, accountability, and responsibility for 

20 acquisition decisionmaking within the Coast Guard; 

21 ‘‘(5) managing the direction of acquisition pol22 icy for the Coast Guard, including implementation of 

23 the unique acquisition policies, regulations, and 

24 standards of the Coast Guard; 


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1 ‘‘(6) developing and maintaining an acquisition 

2 career management program in the Coast Guard to 

3 ensure that there is an adequate professional work4 force; and 

5 ‘‘(7) as part of the strategic planning and per6 formance evaluation process required under section 

7 306 of title 5 and sections 1105(a)(28), 1115, 1116, 

8 and 9703 of title 31— 

9 ‘‘(A) assessing the requirements estab10 lished for Coast Guard personnel regarding 

11 knowledge and skill in acquisition resources 

12 management and the adequacy of such require13 ments for facilitating the achievement of the 

14 performance goals established for acquisition 

15 management; 

16 ‘‘(B) in order to rectify any deficiency in 

17 meeting such requirements, developing strate18 gies and specific plans for hiring, training, and 

19 professional development; and 

20 ‘‘(C) reporting to the Commandant on the 

21 progress made in improving acquisition man22 agement capability.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by adding 

25 at the end the following: 

‘‘55. Chief Acquisition Officer.’’. 


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1 (c) SPECIAL RATE SUPPLEMENTS.— 

2 (1) REQUIREMENT TO ESTABLISH.—Not later 

3 than 1 year after the date of enactment of this Act 

4 and in accordance with part 9701.333 of title 5, 

5 Code of Federal Regulations, the Commandant of 

6 the Coast Guard shall establish special rate supple7 ments that provide higher pay levels for employees 

8 necessary to carry out the amendment made by this 

9 section. 

10 (2) SUBJECT TO APPROPRIATIONS.—The re11 quirement under paragraph (1) is subject to the 

12 availability of appropriations. 

13 SEC. 4. TESTING AND CERTIFICATION. 

14 (a) IN GENERAL.—The Secretary shall— 

15 (1) cause each cutter, other than a National Se16 curity Cutter, acquired by the Coast Guard and de17 livered after the date of enactment of this Act to be 

18 classed by the American Bureau of Shipping, before 

19 acceptance of delivery; 

20 (2) cause the design and construction of each 

21 National Security Cutter, other than National Secu22 rity Cutter 1 and 2, to be certified by an inde23 pendent third party with expertise in vessel design 

24 and construction certification to be able to meet a 

25 185-underway-day requirement under general AtlanVerDate Aug 31 2005 21:43 Aug 06, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2722.RFS H2722

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1 tic and North Pacific sea conditions for a period of 

2 at least 30 years; 

3 (3) cause all electronics on all aircraft, surface, 

4 and shore assets that require TEMPEST certifi5 cation and that are delivered after the date of enact6 ment of this Act to be tested and certified in accord7 ance with TEMPEST standards and communica8 tions security (COMSEC) standards by an inde9 pendent third party that is authorized by the Fed10 eral Government to perform such testing and certifi11 cation; and 

12 (4) cause all aircraft and aircraft engines ac13 quired by the Coast Guard and delivered after the 

14 date of enactment of this Act to be certified for air15 worthiness by an independent third party with ex16 pertise in aircraft and aircraft engine certification, 

17 before acceptance of delivery. 

18 (b) FIRST IN CLASS OF A MAJOR ASSET ACQUISI19 TION.—The Secretary shall cause the first in class of a 

20 major asset acquisition of a cutter or an aircraft to be 

21 subjected to an assessment of operational capability con22 ducted by the Secretary of the Navy. 

23 (c) FINAL ARBITER.—The Secretary shall be the 

24 final arbiter of all technical disputes regarding designs 


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1 and acquisitions of vessels and aircraft for the Coast 

2 Guard. 

3 SEC. 5. NATIONAL SECURITY CUTTERS. 

4 (a) NATIONAL SECURITY CUTTERS 1 AND 2.— 

5 (1) REPORT ON OPTIONS UNDER CONSIDER6 ATION.—The Secretary shall submit to the Com7 mittee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on 

9 Commerce, Science, and Transportation of the Sen10 ate— 

11 (A) within 120 days after the date of en12 actment of this Act, a report describing in de13 tail the cost increases that have been experi14 enced on National Security Cutters 1 and 2 

15 since the date of the issuance of the task orders 

16 for construction of those cutters and explaining 

17 the causes of these cost increases; and 

18 (B) within 180 days after the date of en19 actment of this Act, a report on the options 

20 that the Coast Guard is considering to 

21 strengthen the hulls of National Security Cutter 

22 1 and National Security Cutter 2, including— 

23 (i) the costs of each of the options 

24 under consideration; 


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1 (ii) a schedule for when the hull 

2 strengthening repairs are anticipated to be 

3 performed; and 

4 (iii) the impact that the weight likely 

5 to be added to each the cutter by each op6 tion will have on the cutter’s ability to 

7 meet both the original performance re8 quirements included in the Deepwater Pro9 gram contract and the performance re10 quirements created by contract Amend11 ment Modification 00042 dated February 

12 7, 2007. 

13 (2) DESIGN ASSESSMENT.—Not later than 30 

14 days before the Coast Guard signs any contract, de15 livery order, or task order to strengthen the hull of 

16 either of National Security Cutter 1 or 2 to resolve 

17 the structural design and performance issues identi18 fied in the Department of Homeland Security In19 spector General’s report OIG–07–23 dated January 

20 2007, the Secretary shall submit to the Committee 

21 on Transportation and Infrastructure of the House 

22 of Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate all results 

24 of an assessment of the proposed hull strengthening 

25 design conducted by the Naval Surface Warfare 


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1 Center, Carderock Division, including a description 

2 in detail of the extent to which the hull strength3 ening measures to be implemented on those cutters 

4 will enable the cutters to meet a 185-underway-day 

5 requirement under general Atlantic and North Pa6 cific sea conditions for a period of at least 30 years. 

7 (b) NATIONAL SECURITY CUTTERS 3 THROUGH 8.— 

8 Not later than 30 days before the Coast Guard signs any 

9 contract, delivery order, or task order authorizing con10 struction of National Security Cutters 3 through 8, the 

11 Secretary shall submit to the Committee on Transpor12 tation and Infrastructure of the House of Representatives 

13 and the Committee on Commerce, Science, and Transpor14 tation of the Senate all results of an assessment of the 

15 proposed designs to resolve the structural design, safety, 

16 and performance issues identified by the Department of 

17 Homeland Security Office of Inspector General report 

18 OIG–07–23 for the hulls of those cutters conducted by the 

19 Naval Surface Warfare Center, Carderock Division, in20 cluding a description in detail of the extent to which such 

21 designs will enable the cutters to meet a 185-underway22 day requirement under general Atlantic and North Pacific 

23 sea conditions. 


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1 SEC. 6. MISCELLANEOUS REPORTS. 

2 (a) IN GENERAL.—The Secretary shall submit the 

3 following reports to the Committee on Transportation and 

4 Infrastructure of the House of Representatives and the 

5 Committee on Commerce, Science, and Transportation of 

6 the Senate: 

7 (1) Within 4 months after the date of enact8 ment of this Act, a justification for why 8 National 

9 Security Cutters are required to meet the oper10 ational needs of the Coast Guard, including— 

11 (A) how many days per year each National 

12 Security Cutter will be underway at sea; 

13 (B) where each National Security Cutter 

14 will be home ported; 

15 (C) the amount of funding that will be re16 quired to establish home port operations for 

17 each National Security Cutter; 

18 (D) the extent to which 8 National Secu19 rity Cutters deployed without vertical un20 manned aerial vehicles (VUAV) will meet or ex21 ceed the mission capability (including surveil22 lance capacity) of the 12 Hamilton-class high 

23 endurance cutters that the National Security 

24 Cutters will replace; 


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1 (E) the business case in support of con2 structing National Security Cutters 3 through 

3 8, including a cost-benefit analysis; and 

4 (F) an analysis of how many Offshore Pa5 trol Cutters would be required to provide the 

6 patrol coverage provided by a National Security 

7 Cutter. 

8 (2) Within 4 months after the date of enact9 ment of this Act, a report on— 

10 (A) the impact that deployment of a Na11 tional Security Cutter and other cutter assets 

12 without the vertical unmanned aerial vehicle 

13 (VUAV) will have on the amount of patrol cov14 erage that will be able to be provided during 

15 missions conducted by the National Security 

16 Cutter and all other cutters planned to be 

17 equipped with a VUAV; 

18 (B) how the coverage gap will be made up; 

19 (C) an update on the current status of the 

20 development of the VUAV; and 

21 (D) the timeline detailing the major mile22 stones to be achieved during development of the 

23 VUAV and identifying the delivery date for the 

24 first and last VUAV. 


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1 (3) Within 30 days after the elevation to flag2 level for resolution of any design or other dispute re3 garding the Deepwater Program contract or an item 

4 to be procured under that contract, including a de5 tailed description of the issue and the rationale un6 derlying the decision taken by the flag officer to re7 solve the issue. 

8 (4) Within 4 months after the date of enact9 ment of this Act, a report detailing the total number 

10 of change orders that have been created by the 

11 Coast Guard under the Deepwater Program before 

12 the date of enactment of this Act, the total cost of 

13 these change orders, and their impact on the Deep14 water Program schedule. 

15 (5) Within 180 days after the date of enact16 ment of this Act, a report detailing the technology 

17 risks and level of maturity for major technologies 

18 used on maritime patrol aircraft, the HC–130J, and 

19 the National Security Cutter. 

20 (6) Not less than 60 days before signing a con21 tract to acquire any vessel or aircraft, a report com22 paring the cost of purchasing that vessel or aircraft 

23 directly from the manufacturer or shipyard with the 

24 cost of procuring it through the Integrated Coast 

25 Guard System. 


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1 (7) Within 30 days after the Program Execu2 tive Officer of the Deepwater Program becomes 

3 aware of a likely cost overrun exceeding 5 percent of 

4 the overall asset acquisition contract cost or schedule 

5 delay exceeding 5 percent of the estimated asset con6 struction period under the Deepwater Program, a 

7 report by the Commandant containing a description 

8 of the cost overrun or delay, an explanation of the 

9 overrun or delay, a description of Coast Guard’s re10 sponse, and a description of significant delays in the 

11 procurement schedule likely to be caused by the 

12 overrun or delay. 

13 (8) Within 90 days after the date of enactment 

14 of this Act, articulation of a doctrine and description 

15 of an anticipated implementation of a plan for man16 agement of acquisitions programs, financial manage17 ment (including earned value management and cost 

18 estimating), engineering and logistics management, 

19 and contract management, that includes— 

20 (A) a description of how the Coast Guard 

21 will cultivate among uniformed personnel exper22 tise in acquisitions management and financial 

23 management; 

24 (B) a description of the processes that will 

25 be followed to draft and ensure technical review 


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1 of procurement packages, including statements 

2 of work, for any class of assets acquired by the 

3 Coast Guard; 

4 (C) a description of how the Coast Guard 

5 will conduct an independent cost estimating 

6 process, including independently developing cost 

7 estimates for major change orders; and 

8 (D) a description of how Coast Guard will 

9 strengthen the management of change orders. 

10 (9) Within 4 months after the date of enact11 ment of this Act, a report on the development of a 

12 new acquisitions office within the Coast Guard de13 scribing the specific staffing structure for that direc14 torate, including— 

15 (A) identification of all managerial posi16 tions proposed as part of the office, the func17 tions that each managerial position will fill, and 

18 the number of employees each manager will su19 pervise; and 

20 (B) a formal organizational chart and 

21 identification of when managerial positions are 

22 to be filled. 

23 (10) Ninety days prior to the issuance of a Re24 quest for Proposals for construction of an Offshore 

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1 tigue life, maximum range, maximum speed, and 

2 number of days underway under general Atlantic 

3 and North Pacific Sea conditions the cutter shall be 

4 built to achieve. 

5 (11) The Secretary shall report annually on the 

6 percentage of the total amount of funds expended on 

7 procurements under the Deepwater Program that 

8 has been paid to each of small businesses and minor9 ity-owned businesses. 

10 (12) Within 120 days after the date of enact11 ment of this Act, a report on any Coast Guard mis12 sion performance gap due to the removal of Deep13 water Program assets from service. The report shall 

14 include the following: 

15 (A) A description of the mission perform16 ance gap detailing the geographic regions and 

17 Coast Guard capabilities affected. 

18 (B) An analysis of factors affecting the 

19 mission performance gap that are unrelated to 

20 the Deepwater Program, including deployment 

21 of Coast Guard assets overseas and continuous 

22 vessel shortages. 

23 (C) A description of measures being taken 

24 in the near term to fill the mission performance 


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1 gap, including what those measures are and 

2 when they will be implemented. 

3 (D) A description of measures being taken 

4 in the long term to fill the mission performance 

5 gap, including what those measures are and 

6 when they will be implemented. 

7 (E) A description of the potential alter8 natives to fill the mission performance gap, in9 cluding any acquisition or lease considered and 

10 the reasons they were not pursued. 

11 (b) REPORT REQUIRED ON ACCEPTANCE OF DELIV12 ERY OF INCOMPLETE ASSET.— 

13 (1) IN GENERAL.—If the Secretary accepts de14 livery of an asset after the date of enactment of this 

15 Act for which a contractually required certification 

16 cannot be achieved within 30 days after the date of 

17 delivery or with any system that is not fully func18 tional for the mission for which it was intended, the 

19 Secretary shall submit to the Committee on Trans20 portation and Infrastructure of the House of Rep21 resentatives and the Committee on Commerce, 

22 Science, and Transportation of the United States 

23 Senate within 30 days after accepting delivery of the 

24 asset a report explaining why acceptance of the asset 


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1 in such a condition is in the best interests of the 

2 United States Government. 

3 (2) CONTENTS.—The report shall— 

4 (A) specify the systems that are not able 

5 to achieve contractually required certifications 

6 within 30 days after the date of delivery and 

7 the systems that are not fully functional at the 

8 time of delivery for the missions for which they 

9 were intended; 

10 (B) identify milestones for the completion 

11 of required certifications and to make all sys12 tems fully functional; and 

13 (C) identify when the milestones will be 

14 completed, who will complete them, and the cost 

15 to complete them. 

16 SEC. 7. USE OF THE NAVAL SEA SYSTEMS COMMAND, THE 

17 NAVAL AIR SYSTEMS COMMAND, AND THE 

18 SPACE AND NAVAL WARFARE SYSTEMS COM19 MAND TO ASSIST THE COAST GUARD IN EX20 ERCISING TECHNICAL AUTHORITY FOR THE 

21 DEEPWATER PROGRAM AND OTHER COAST 

22 GUARD ACQUISITION PROGRAMS. 

23 (a) FINDINGS.—Congress finds that the Coast 

24 Guard’s use of the technical, contractual, and program 

25 management oversight expertise of the Department of the 


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1 Navy in ship and aircraft production complements and 

2 augments the Coast Guard’s organic expertise as it pro3 cures assets for the Deepwater Program. 

4 (b) INTER-SERVICE TECHNICAL ASSISTANCE.—The 

5 Secretary may enter into a memorandum of understanding 

6 or a memorandum of agreement with the Secretary of the 

7 Navy to provide for the use of the Navy Systems Com8 mands to assist the Coast Guard with the oversight of 

9 Coast Guard major acquisition programs. Such memo10 randum of understanding or memorandum of agreement 

11 shall, at a minimum provide for— 

12 (1) the exchange of technical assistance and 

13 support that the Coast Guard Chief Engineer and 

14 the Coast Guard Chief Information Officer, as Coast 

15 Guard Technical Authorities, may identify; 

16 (2) the use, as appropriate, of Navy technical 

17 expertise; and 

18 (3) the temporary assignment or exchange of 

19 personnel between the Coast Guard and the Navy 

20 Systems Commands to facilitate the development of 

21 organic capabilities in the Coast Guard. 

22 (c) TECHNICAL AUTHORITIES.—The Coast Guard 

23 Chief Engineer, Chief Information Officer, and Chief Ac24 quisition Officer shall adopt, to the extent practicable, pro25 cedures that are similar to those used by the Navy Senior 


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1 Acquisition Official to ensure the Coast Guard Technical 

2 Authorities, or designated Technical Warrant Holders, ap3 prove all technical requirements. 

4 (d) COORDINATION.—The Secretary, acting through 

5 the Commandant of the Coast Guard, may coordinate with 

6 the Secretary of the Navy, acting through the Chief of 

7 Naval Operations, to develop processes by which the as8 sistance will be requested from the Navy Systems Com9 mands and provided to the Coast Guard. 

10 (e) REPORT.—Not later than 120 days after the date 

11 of enactment of this Act and every twelve months there12 after, the Commandant of the Coast Guard shall report 

13 to the Committee on Transportation and Infrastructure 

14 of the House of Representatives and the Committee on 

15 Commerce, Science, and Transportation of the Senate on 

16 the activities undertaken pursuant to such memorandum 

17 of understanding or memorandum of agreement. 

18 SEC. 8. DEFINITIONS. 

19 In this Act: 

20 (1) DEEPWATER PROGRAM.—The term ‘‘Deep21 water Program’’ means the Integrated Deepwater 

22 Systems Program described by the Coast Guard in 

23 its report to Congress entitled ‘‘Revised Deepwater 

24 Implementation Plan 2005’’, dated March 25, 2005. 

25 The Deepwater Program primarily involves the proVerDate Aug 31 2005 21:43 Aug 06, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2722.RFS H2722

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1 curement of cutter and aviation assets that operate 

2 more than 50 miles offshore. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the department in which the Coast 

5 Guard is operating. 

Passed the House of Representatives July 31, 2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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