II 

110TH CONGRESS 

1ST SESSION S. 889 

To improve acquisition under the Deepwater program of the Coast Guard, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2007 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To improve acquisition under the Deepwater program of 

the Coast Guard, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Deepwater Account5 ability Act’’. 

6 SEC. 2. IMPROVEMENT OF ACQUISITION UNDER THE DEEP7 WATER PROGRAM OF THE COAST GUARD. 

8 (a) COMPETITION REQUIREMENTS FOR FUTURE AC9 QUISITIONS.— 


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1 (1) REQUIREMENT.—The Secretary of Home2 land Security shall, upon reaching the end of the pe3 riod of performance currently under contract with 

4 Integrated Coast Guard Systems in June 2007 

5 under the Deepwater program of the Coast Guard, 

6 acquire the completion, delivery, and acceptance of 

7 all assets under that contract through new contracts 

8 solicited under the full and open competition re9 quirements of section 6.1 of the Federal Acquisition 

10 Regulation. 

11 (2) PROHIBITION ON USE OF LEADSYSTEMS

12 INTEGRATOR.—The Secretary shall not utilize the 

13 services of a lead systems integrator in any manner 

14 to acquire the completion, delivery, or acceptance of 

15 assets under this subsection. 

16 (b) EXCEPTION.— 

17 (1) IN GENERAL.—Notwithstanding subsection 

18 (a), the Secretary may enter into a new contract 

19 with Integrated Coast Guard Systems for the com20 pletion, delivery, and acceptance of assets for which 

21 construction has commenced, but not been com22 pleted, under the contract referred to in that sub23 section as of the date of the enactment of this Act 

24 if the Secretary certifies that— 


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1 (A) the completion, delivery, and accept2 ance of such assets under a contract other than 

3 with Integrated Coast Guard Systems would 

4 pose an immediate or near-term risk to the na5 tional security interests of the United States; or 

6 (B) the cost of the completion, delivery, 

7 and acceptance of such assets under a contract 

8 with other than Integrated Coast Guard Sys9 tems would exceed the cost of the completion, 

10 delivery, and acceptance of such assets under a 

11 contract with Integrated Coast Guard Systems. 

12 (2) REPORTS TO CONGRESS.—If the Secretary 

13 determines under paragraph (1) to acquire the com14 pletion, delivery, and acceptance of assets under a 

15 contract with Integrated Coast Guard Systems, the 

16 Secretary shall, not later than 180 days after the 

17 date of such determination and every 180 days 

18 thereafter until the completion, delivery, and accept19 ance of such assets, submit to Congress a report on 

20 the current construction status of such assets. 

21 (c) REPORT ON PROPOSED ACQUISITION TO ACQUIRE

22 COMPLETION, DELIVERY, AND ACCEPTANCE OF AS23 SETS.—Not later than 30 days after the date of the enact24 ment of this Act, the Secretary shall submit to Congress 


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1 a report on the acquisition of assets under the Deepwater 

2 program. The report shall set forth the following: 

3 (1) A list of each asset under the Deepwater 

4 program that has not been completed, delivered, and 

5 accepted as of the date of such report. 

6 (2) A list of each such asset of which the Sec7 retary proposes to acquire completion, delivery, and 

8 acceptance under contracts entered into under sub9 section (a). 

10 (3) A list of each such asset of which the Sec11 retary proposes to acquire completion, delivery, and 

12 acceptance under a contract under subsection (b) 

13 with Integrated Coast Guard Systems. 

14 (d) INSPECTOR GENERAL REVIEW OF DEEPWATER

15 PROGRAM.—Not later than 180 days after the date of the 

16 enactment of this Act, the Inspector General of the De17 partment of Homeland Security shall submit to the Sec18 retary, and to Congress, a report on the acquisition of as19 sets under the Deepwater program. The report shall in20 clude— 

21 (1) a description of each decision, if any, of the 

22 Coast Guard or Integrated Coast Guard Systems re23 lating to the acquisition of assets under the Deep24 water program that directly or indirectly resulted in 


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1 cost overruns or program cost increases to the 

2 United States; 

3 (2) an assessment whether any decision covered 

4 by paragraph (1) violated the terms of the contract 

5 of Integrated Coast Guard Systems for the Deep6 water program; 

7 (3) an assessment of how much program costs 

8 under the Deepwater program have increased as a 

9 result of any such decision; 

10 (4) an assessment of whether the Coast Guard 

11 or Integrated Coast Guard Systems is responsible 

12 for the payment of any cost overruns associated with 

13 any such decision. 

14 (e) DEFINITIONS.—In this section: 

15 (1) The term ‘‘asset’’ means any product to be 

16 acquired under the contract of the Coast Guard for 

17 the Deepwater program referred to in subsection (a), 

18 including vessels, fixed-wing aircraft, and rotary19 wing aircraft, and any component thereof. 

20 (2) The term ‘‘Integrated Coast Guard Sys21 tems’’ means the joint venture, commonly referred 

22 to as ‘‘Integrated Coast Guard Systems’’ or ‘‘ICGS’’ 

23 between Lockheed Martin Corporation and Northrop 

24 Grumman Corporation for the purposes of comVerDate Aug 31 2005 20:24 Mar 16, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S889.IS S889

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1 pleting and delivering assets to the Coast Guard 

2 under the Deepwater program. 

Æ 


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