110TH CONGRESS

1ST SESSION S. 924

AN ACT

To strengthen the United States Coast Guard’s Integrated

Deepwater Program.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Integrated Deepwater Program Reform Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Procurement structure.

Sec. 3. Alternatives Analysis.

Sec. 4. Certification.

Sec. 5. Contract requirements.

Sec. 6. Improvements in Coast Guard management.

Sec. 7. Department of Defense Consultation.

Sec. 8. Procurement and report requirements.

Sec. 9. GAO review and recommendations.

Sec. 10. Inspector General review of Deepwater program.

Sec. 11. Definitions.

3 SEC. 2. PROCUREMENT STRUCTURE.

4 (a) IN GENERAL.—

5 (1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex6 cept as provided in subsection (b), the United States

7 Coast Guard may not use a private sector entity as

8 a lead systems integrator for procurements under, or

9 in support of, the Integrated Deepwater Program

10 more than 90 days after the date of enactment of

11 this Act.

12 (2) FULL AND OPEN COMPETITION.—The

13 United States Coast Guard shall utilize full and

14 open competition for any other procurement for

15 which an outside contractor is used under, or in sup16 port of, the Integrated Deepwater Program after the

17 date of enactment of this Act, unless otherwise ex18 cepted in accordance with the Competition in Con19 tracting Act of 1984 and the Federal Acquisition

20 Regulations.
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1 (b) EXCEPTIONS.—

2 (1) COMPLETION OF PROCUREMENT BY LEAD

3 SYSTEMS INTEGRATOR.—Notwithstanding subsection

4 (a), the Coast Guard may use a private sector entity

5 as a lead systems integrator—

6 (A) to complete any delivery order or task

7 order that was issued to the lead systems inte8 grator on or before the date that is 90 days

9 after the date of enactment of this Act without

10 any change in the quantity of assets or the spe11 cific type of assets covered by the order;

12 (B) for procurements after the date that is

13 90 days after the date of enactment of this Act

14 of, or in support of—

15 ‘‘(i) the HC–130J aircraft, the HH–

16 65 aircraft, and the C4ISR system, and

17 (ii) National Security Cutters or Mar18 itime Patrol Aircraft under contract or

19 order for construction as of the date that

20 is 90 days after the date of enactment of

21 this Act,

22 if the requirements of subsection (c) are met

23 with respect to such procurements; and

24 (C) for the procurement, or in support, of

25 additional National Security Cutters or Mari-
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1 time Patrol Aircraft if the Commandant deter2 mines, after conducting the alternatives analysis

3 required by section 3, that—

4 (i) the procurement is in accordance

5 with the Competition in Contracting Act of

6 1984 and the Federal Acquisition Regula7 tions;

8 (ii) the procurement and the use of a

9 private sector entity as a lead systems inte10 grator for the procurement is in the best

11 interest of the Federal government; and

12 (iii) the requirements of subsection (c)

13 are met with respect to such procurement.

14 (2) AWARDS TO TIER 1 SUBCONTRACTORS.—

15 The Coast Guard may award to any Tier 1 subcon16 tractor or subcontractor below the Tier 1 level any

17 procurement that it could award to a lead systems

18 integrator under paragraph (1).

19 (3) REPORT ON DECISION-MAKING PROCESS.—

20 If the Commandant determines under subparagraph

21 (B) or C) of paragraph (1) that the Coast Guard

22 will use a private sector lead systems integrator for

23 a procurement, the Commandant shall notify in writ24 ing the Senate Committee on Commerce, Science,

25 and Transportation and the House of Representa-
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1 tives Committee on Transportation and Infrastruc2 ture of its determination and shall provide a detailed

3 rationale for the determination.

4 (c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.—

5 Neither an entity performing lead systems integrator func6 tions for a procurement under, or in support of, the Inte7 grated Deepwater Program, nor a Tier 1 subcontractor,

8 for any procurement described in subparagraph (B) or (C)

9 of subsection (b)(1) may have a financial interest in a sub10 contractor below the tier 1 subcontractor level unless—

11 (1) the subcontractor was selected by the Coast

12 Guard through full and open competition for such

13 procurement;

14 (2) the procurement was awarded by the lead

15 systems integrator or a subcontractor through full

16 and open competition;

17 (3) the procurement was awarded by a subcon18 tractor through a process over which the lead sys19 tems integrator or a Tier 1 subcontractor exercised

20 no control; or

21 (4) the Commandant has determined that the

22 procurement was awarded in a manner consistent

23 with the Competition in Contracting Act of 1984

24 and the Federal Acquisition Regulations.
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1 (d) RULE OF CONSTRUCTION.—The limitation in

2 subsection (b)(1)(A) on the quantity and specific type of

3 assets to which subsection (b) applies shall not be con4 strued to apply to the modification of the number or type

5 of any subsystems or other components of a vessel or air6 craft described in subsection (b)(1)(B) or (C).

7 SEC. 3. ALTERNATIVES ANALYSIS.

8 (a) IN GENERAL.—Except with respect to a procure9 ment described in subparagraph (A) or (B) of section

10 2(b)(1) of this Act, or a procurement for which a request

11 for proposals consistent with the Federal Acquisition Reg12 ulations has been issued before the date of enactment of

13 this Act, no procurement of a major asset may be awarded

14 under the Integrated Deepwater Program after the date

15 of enactment of this Act until an alternatives analysis has

16 been conducted under this section.

17 (b) INDEPENDENT ANALYSIS.—As soon as possible,

18 but no later than 120 days after the date of enactment

19 of this Act, the Commandant shall execute a contract for

20 an alternatives analysis with a Federally Funded Research

21 and Development Center, a qualified entity of the Depart22 ment of Defense, or a similar independent third party enti23 ty that has appropriate acquisition expertise for inde24 pendent analysis of all of the proposed procurements

25 under, or in support of, the Integrated Deepwater Pro-
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1 gram, including procurements described in section

2 2(b)(1)(B), and for any future major changes of such pro3 curements. The Commandant may not contract under this

4 subsection for such an analysis with any entity that has

5 a substantial financial interest in any part of the Inte6 grated Deepwater Program as of the date of enactment

7 of this Act or in any alternative being considered.

8 (c) ANALYSIS.—The alternatives analysis provided

9 pursuant to the contract under subsection (b) for procure10 ments and feasible alternatives shall include—

11 (1) an examination of capability, interoper12 ability, and other advantages and disadvantages;

13 (2) an evaluation of whether different quantities

14 of specific assets could meet the Coast Guard’s over15 all performance needs;

16 (3) a discussion of key assumptions and vari17 ables, and sensitivity to changes in such assumptions

18 and variables;

19 (4) an assessment of technology risk and matu20 rity;

21 (5) an evaluation of safety and performance

22 records;

23 (6) a calculation of costs, including life-cycle

24 costs; and

25 (7) a business case of viable alternatives.
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1 (d) REPORT TO CONGRESS.—As soon as possible

2 after an alternatives analysis has been completed, the

3 Commandant shall develop a plan for the procurements

4 addressed in the analysis, as well as procurements de5 scribed in subsection (a) for which no alternatives analysis

6 is required, and shall transmit a report describing the

7 plan, and the schedule and costs for delivery of such pro8 curements to the Senate Committee on Commerce,

9 Science, and Transportation and the House of Represent10 atives Committee on Transportation and Infrastructure.

11 (e) EXPERIMENTAL, TECHNICALLY IMMATURE SYS12 TEMS.—

13 (1) IN GENERAL.—No procurement of an exper14 imental or technically immature major asset may be

15 awarded under the Integrated Deepwater Program

16 until an alternatives analysis has been conducted for

17 such asset. The alternatives analysis shall include

18 the same components as those set forth in sub19 section (c). In addition, the alternatives analysis

20 shall also include—

21 (A) an examination of likely research and

22 development costs and the levels of uncertainty

23 associated with such estimated costs;
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1 (B) an examination of likely production

2 and deployment costs and the levels of uncer3 tainty associated with such estimated costs;

4 (C) an examination of likely operating and

5 support costs and the levels of uncertainty asso6 ciated with such estimated costs;

7 (D) if they are likely to be significant, an

8 examination of likely disposal costs and the lev9 els of uncertainty associated with such esti10 mated costs;

11 (E) an analysis of the risks to production

12 cost, schedule, and life-cycle cost resulting from

13 the experimental, technically immature nature

14 of the systems under consideration; and

15 (F) such additional measures the Com16 mandant determines to be necessary for appro17 priate evaluation of the asset.

18 (2) REPORT.—As soon as possible after an al19 ternatives analysis pursuant to this subsection has

20 been completed, the Commandant shall transmit a

21 report that provides a detailed summary of the find22 ings of the analysis, a plan for the procurements ad23 dressed in the analysis, and the schedule and costs

24 for delivery of such procurements to the Senate

25 Committee on Commerce, Justice, and Transpor-
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1 tation and the House of Representatives Committee

2 on Transportation and Infrastructure.

3 SEC. 4. CERTIFICATION.

4 (a) IN GENERAL.—After the date of enactment of

5 this Act, a contract, delivery order, or task order exceeding

6 $10,000,000 for procurement under, or in support of, the

7 Coast Guard’s Integrated Deepwater Program may not be

8 executed by the Coast Guard until the Commandant cer9 tifies that—

10 (1) appropriate market research has been con11 ducted prior to technology development to reduce

12 duplication of existing technology and products;

13 (2) the technology has been demonstrated to

14 the maximum extent practicable in a relevant envi15 ronment;

16 (3) the technology demonstrates a high likeli17 hood of accomplishing its intended mission;

18 (4) the technology is affordable when consid19 ering the per unit cost and the total procurement

20 cost in the context of the total resources available

21 during the period covered by the Integrated Deep22 water Program;

23 (5) the technology is affordable when consid24 ering the ability of the Coast Guard to accomplish
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1 its missions using alternatives, based on dem2 onstrated technology, design, and knowledge;

3 (6) funding is available to execute the contract,

4 delivery order, or task order; and

5 (7) the technology complies with all relevant

6 policies, regulations, and directives of the Coast

7 Guard.

8 (b) LIMITATION.—Nothing in this section shall pre9 vent the Coast Guard from executing contracts or issuing

10 delivery orders or task orders, for research and develop11 ment or technology demonstrations under, or in support

12 of, the Integrated Deepwater Program.

13 (c) REPORT TO CONGRESS.—The Commandant shall

14 transmit a copy of each certification required under sub15 section (a) to the Senate Committee on Commerce,

16 Science, and Transportation and the House of Represent17 atives Committee on Transportation and Infrastructure

18 within 30 days after the completion of the certification.

19 SEC. 5. CONTRACT REQUIREMENTS.

20 The Commandant shall ensure that any contract, de21 livery order, or task order for procurement under, or in

22 support of, the Integrated Deepwater Program executed

23 by the Coast Guard after the date of enactment of this

24 Act—
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1 (1) addresses the recommendations related to

2 award fee determination and award term evaluation

3 made by the Government Accountability Office in its

4 March, 2004, report entitled Coast Guard’s Deep5 water Program Needs Increased Attention to Man6 agement and Contractor Oversight, GAO–04–380,

7 including the recommendation that any award or in8 centive fee be tied to program outcomes;

9 (2) addresses any subsequent Government Ac10 countability Office recommendations that are issued

11 at least 30 days prior to the execution of the con12 tract, delivery order or task order when such rec13 ommendations are relevant to the contract terms;

14 (3) provides that certification of any Integrated

15 Deepwater Program procurement for performance,

16 safety, and other relevant factors determined by the

17 Commandant will be conducted by an independent

18 third party;

19 (4) does not include—

20 (A) provisions that commit the Coast

21 Guard without express written approval by the

22 Coast Guard; or

23 (B) any provision allowing for equitable

24 adjustment that differs from the Federal Acqui25 sition Regulations;
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1 (5) meets the requirements of the Coast Guard

2 Major Systems Acquisition COMDTINST Manual

3 5000.10(series); and

4 (6) for any contract, contract modification, or

5 award term extending the existing Integrated Deep6 water Program contract term—

7 (A) is reviewed by, and addresses rec8 ommendations made by, the Under Secretary of

9 Defense for Acquisition, Technology, and Logis10 tics through the Defense Acquisition University

11 in its Quick Look Study dated February 5,

12 2007; and

13 (B) does not include any minimum require14 ments for the purchase of a given or deter15 minable number of specific assets.

16 SEC. 6. IMPROVEMENTS IN COAST GUARD MANAGEMENT.

17 (a) IN GENERAL.—As soon as practicable after the

18 date of enactment of this Act, the Commandant shall take

19 action to ensure that—

20 (1) the measures contained in the Coast

21 Guard’s report entitled Coast Guard: Blue Print for

22 Acquisition Reform are implemented fully;

23 (2) any additional measures for improved man24 agement recommended by the Defense Acquisition

25 University in its Quick Look Study of the United
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1 States Coast Guard Deepwater Program, dated Feb2 ruary 5, 2007, are implemented;

3 (3) integrated product teams, and all higher4 level teams that oversee integrated product teams,

5 are chaired by Coast Guard personnel; and

6 (4) the Assistant Commandant for Engineering

7 and Logistics is designated as the Technical Author8 ity for all design, engineering, and technical deci9 sions for the Integrated Deepwater Program.

10 (b) TRANSFER.—

11 (1) IN GENERAL.—Section 93(a) of title 14,

12 United States Code, is amended—

13 (A) by striking ‘‘and’’ after the semicolon

14 in paragraph (23);

15 (B) by striking ‘‘appropriate.’’ in para16 graph (24) and inserting ‘‘appropriate; and’’;

17 and

18 (C) by adding at the end thereof the fol19 lowing:

20 ‘‘(25) notwithstanding any other provision of

21 law, in any fiscal year transfer funds made available

22 for personnel, compensation, and benefits from the

23 appropriation account ‘Acquisition, Construction,

24 and Improvement’ to the appropriation account ‘Op25 erating Expenses’ for personnel compensation and
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1 benefits and related costs necessary to execute new

2 or existing procurements of the Coast Guard.’’.

3 (2) NOTIFICATION.—Within 30 days after mak4 ing a transfer under section 93(a)(25) of title 14,

5 United States Code, the Commandant shall notify

6 the Senate Committee on Commerce, Science,

7 Transportation and Infrastructure, the Senate Com8 mittee on Appropriations, the House Committee on

9 Transportation and Infrastructure, and the House

10 Committee on Appropriations.

11 SEC. 7. DEPARTMENT OF DEFENSE CONSULTATION.

12 (a) IN GENERAL.—The Coast Guard shall make ar13 rangements as appropriate with the Department of De14 fense for support in contracting and management of pro15 curements under the Integrated Deepwater Program. The

16 Coast Guard shall also seek opportunities to leverage off

17 of Department of Defense contracts, and contracts of

18 other appropriate agencies, to obtain the best possible

19 price for Integrated Deepwater Program assets. No later

20 than one year after the date of enactment of this Act, the

21 Commandant of the Coast Guard shall provide a report

22 to the Senate Committee on Commerce, Science, and

23 Transportation and the House of Representatives Com24 mittee on Transportation and Infrastructure on agree-
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1 ments and other arrangements concluded pursuant to this

2 subsection.

3 (b) ASSESSMENT.—Within 180 days after the date

4 of enactment of this Act, the Comptroller General shall

5 transmit a report to the Senate Committee on Commerce,

6 Science, and Transportation and the House of Represent7 atives Committee on Transportation and Infrastructure

8 that—

9 (1) contains an assessment of current Coast

10 Guard acquisition and management capabilities to

11 manage procurements under or in support of the In12 tegrated Deepwater Program;

13 (2) includes recommendations as to how the

14 Coast Guard can improve its acquisition manage15 ment, either through internal reforms or by seeking

16 acquisition expertise from the Department of De17 fense; and

18 (3) addresses specifically the question of wheth19 er the Coast Guard can better leverage Department

20 of Defense or other agencies’ contracts that would

21 meet the needs of the Integrated Deepwater Pro22 gram in order to obtain the best possible price.

23 SEC. 8. PROCUREMENT AND REPORT REQUIREMENTS.

24 (a) PROCUREMENT SCHEDULES.—
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1 (1) BUDGET JUSTIFICATION DOCUMENTS.—

2 Each calendar year, not later than 45 days after the

3 President submits the budget to Congress under sec4 tion 1105 of title 31, United States Code, the Com5 mandant shall submit to Congress budget justifica6 tion documents regarding development and procure7 ment schedules for each asset of the Integrated

8 Deepwater Program for which any funds for pro9 curement are requested in that budget.

10 (2) REQUIRED DOCUMENTS.—The budget jus11 tification documents required to be submitted under

12 paragraph (1) for each asset for which funds for

13 procurement are requested in the budget include—

14 (A) the development schedule for each

15 asset and asset class, including estimated an16 nual costs until development is completed;

17 (B) the procurement schedule for each

18 asset and asset class, including estimated an19 nual costs and units to be procured until pro20 curement is completed;

21 (C) any variances in schedule or cost from

22 the schedule and costs described in the plan

23 submitted under section 3(d); and
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1 (D) a projection of the remaining oper2 ational lifespan of each legacy asset and pro3 jected costs for sustaining such assets.

4 (b) QUARTERLY STATUS UPDATE.—The Com5 mandant shall provide an update on the status of the Inte6 grated Deepwater Program to the Senate Committee on

7 Commerce, Science, and Transportation and the House of

8 Representatives Committee on Transportation and Infra9 structure at the beginning of the first full fiscal year quar10 ter after the date of enactment of this Act, and at the

11 beginning of each subsequent fiscal year quarter.

12 (c) REPORTING ON COST OVERRUNS AND DELAYS.—

13 (1) REPORT REQUIRED.—The Commandant

14 shall submit a report to the Senate Committee on

15 Commerce, Science, and Transportation and the

16 House of Representatives Committee on Transpor17 tation and Infrastructure as soon as possible, but

18 not later than 30 days after the Deepwater Program

19 Executive Officer becomes aware of—

20 (A) a likely cost overrun greater than 10

21 percent of the program acquisition unit cost,

22 the procurement unit cost, or the life cycle cost

23 of an individual asset or a class of assets under

24 the Integrated Deepwater Program; or
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1 (B) a likely delay of more than 6 months

2 in the delivery schedule for any individual asset

3 or class of assets under the Integrated Deep4 water Program.

5 (2) REQUIRED CONTENT.—The report shall

6 include—

7 (A) a detailed explanation for the variance

8 or delay;

9 (B) the current program acquisition unit

10 cost and the complete history of changes to that

11 cost from the schedule and costs described in

12 the plan submitted under section 3(d);

13 (C) the current procurement unit cost and

14 the complete history of changes to that cost

15 from the schedule and costs described in the

16 plan submitted under section 3(d); and

17 (D) a full life-cycle cost analysis for each

18 asset or class of assets for which a report is

19 being submitted under paragraph (1).

20 (3) SUBSTANTIAL VARIANCES IN COSTS OR

21 SCHEDULE.—If a likely cost overrun is greater than

22 20 percent or a likely delay is greater than 12

23 months from the schedule and costs described in the

24 plan submitted under section 3(d) or, if the plan has

25 been revised, from the schedule and costs described
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1 in the revised plan, the Commandant shall include in

2 the report required under paragraph (1) a written

3 certification, with a supporting explanation, that—

4 (A) the asset or asset class is essential to

5 the accomplishment of Coast Guard missions;

6 (B) there are no alternatives to such asset

7 or asset class which will provide equal or great8 er capability in a more cost-effective and timely

9 manner;

10 (C) the new estimates of the program ac11 quisition unit cost or procurement unit cost are

12 reasonable; and

13 (D) the management structure for the ac14 quisition program is adequate to manage and

15 control program acquisition unit cost or pro16 curement unit cost.

17 (4) CERTIFIED ASSETS AND ASSET CLASSES.—

18 If the Commandant certifies an asset or asset class

19 under paragraph (3), the requirements of this sub20 section shall be based on the new estimates of cost

21 and schedule contained in that certification.

22 (5) DEFINITIONS.—In this subsection:

23 (A) LIFE-CYCLE COST.—The term ‘‘life24 cycle cost’’ means all costs for development,

25 procurement, construction, and operations and
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1 support for a particular asset, without regard to

2 funding source or management control.

3 (B) PROCUREMENT UNIT COST.—The term

4 ‘‘procurement unit cost’’ means the amount

5 equal to the total of all funds programmed to

6 be available for obligation for procurement of a

7 given asset class divided by the number of as8 sets to be procured.

9 (C) PROGRAM ACQUISITION UNIT COST.—

10 The term ‘‘program acquisition unit cost’’

11 means the amount equal to the total cost for

12 development, procurement, and construction for

13 each class of assets divided by the total number

14 of assets in each class.

15 (d) PATROL BOAT REPORT.—Not later than 90 days

16 after the date of enactment of this Act the Commandant

17 shall submit to the Committee on Commerce, Science, and

18 Transportation of the Senate and the Committee on

19 Transportation and Infrastructure of the House of Rep20 resentatives a report on how the Coast Guard plans to

21 manage the annual readiness gap of lost time for 110-

22 foot patrol boats from fiscal year 2008 through fiscal year

23 2014. The report shall include—

24 (1) a summary of the patrol hours that will be

25 lost due to delays in replacing the 110-foot cutters
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1 and reduced capabilities of the 110-foot cutters that

2 have been converted;

3 (2) an identification of assets that may be used

4 to alleviate the annual readiness gap of lost time for

5 such patrol boats;

6 (3) a projection of the remaining operational

7 lifespan of the 110-foot patrol boat fleet;

8 (4) a description of how extending through fis9 cal year 2014 the transfer agreement between the

10 Coast Guard and the United States Navy for 5 Cy11 clone class 179-foot patrol coastal ships would effect

12 the annual readiness gap of lost time for 110-foot

13 patrol boats; and

14 (5) an estimate of the cost to extend the oper15 ational lifespan of the 110-foot patrol boat fleet for

16 each of fiscal years 2008 through 2014.

17 (e) REPORT ON C4ISR.—Not later than 90 days

18 after the date of enactment of this Act, the Commandant

19 shall submit to the Senate Committee on Commerce,

20 Science, and Transportation and the House of Represent21 atives Committee on Transportation and Infrastructure a

22 report on the manner in which the Coast Guard is resolv23 ing the problems and responding to the recommendations

24 contained in the August 2006 Department of Homeland

25 Security Inspector General Report entitled Improvements
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1 Needed in the Coast Guard’s Acquisition and Implementa2 tion of Deepwater Information Technology Systems.

3 (f) AMENDMENT OF 2006 ACT.—Section 408(a) of

4 the Coast Guard and Maritime Transportation Act of

5 2006 is amended—

6 (1) by striking paragraphs (1) and (3); and

7 (2) by redesignating paragraphs (2) and (4)

8 through (8) as paragraphs (1) through (6), respec9 tively.

10 SEC. 9. GAO REVIEW AND RECOMMENDATIONS.

11 (a) AWARD FEE AND AWARD TERM CRITERIA.—The

12 Coast Guard shall consult with the Comptroller General

13 to ensure that the Government Accountability Office’s rec14 ommendations, in its March, 2004, report entitled Coast

15 Guard’s Deepwater Program Needs Increased Attention

16 to Management and Contractor Oversight, GAO–04–380,

17 and any subsequent Government Accountability Office rec18 ommendations with respect to award fee and award term

19 criteria will be addressed to the maximum extent prac20 ticable in any contract, delivery order, or task order or

21 extension of the existing contract for procurement under

22 or in support of the Integrated Deepwater Program en23 tered into after the date of enactment of this Act.

24 (b) OTHER RECOMMENDATIONS.—The Commandant

25 shall ensure that all other recommendations in that report,
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1 and any subsequent recommendations issued before March

2 1, 2007, are implemented to the maximum extent prac3 ticable by the Coast Guard within 1 year after the date

4 of enactment of this Act, and implement subsequent rec5 ommendations to the maximum extent practicable as they

6 arise.

7 (c) GAO REPORTS ON IMPLEMENTATION.—Begin8 ning 6 months after the date of enactment of this Act,

9 the Comptroller General shall submit an annual report to

10 the Senate Committee on Commerce, Science, and Trans11 portation and the House of Representatives Committee on

12 Transportation and Infrastructure on the Coast Guard’s

13 progress in implementing the provisions of this Act, the

14 Government Accountability Office’s recommendations, in

15 its March, 2004, report entitled Coast Guard’s Deepwater

16 Program Needs Increased Attention to Management and

17 Contractor Oversight, GAO–04–380, and any subsequent

18 Government Accountability Office recommendations

19 issued before March 1, 2007.

20 SEC. 10. INSPECTOR GENERAL REVIEW OF DEEPWATER

21 PROGRAM.

22 Not later than 240 days after the date of the enact23 ment of this Act, the Inspector General of the Department

24 of Homeland Security shall submit to the Secretary, and
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1 to Congress, a report on the acquisition of assets under

2 the Deepwater program. The report shall include—

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

4 Coast Guard or Integrated Coast Guard Systems re5 lating to the acquisition of assets under the Deep6 water program that directly or indirectly resulted in

7 cost overruns or program cost increases to the

8 United States;

9 (2) an assessment whether any decision covered

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

11 of Integrated Coast Guard Systems for the Deep12 water program;

13 (3) an assessment of how much program costs

14 under the Deepwater program have increased as a

15 result of any such decision; and

16 (4) an assessment of whether the Coast Guard

17 or Integrated Coast Guard Systems is responsible

18 for the payment of any cost overruns associated with

19 any such decision.

20 SEC. 11. DEFINITIONS.

21 In this Act:

22 (1) COMMANDANT.—The term ‘‘Commandant’’

23 means the Commandant of the United States Coast

24 Guard.
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1 (2) INTEGRATED DEEPWATER PROGRAM.—The

2 term ‘‘Integrated Deepwater Program’’ means the

3 Integrated Deepwater Systems Program described

4 by the Coast Guard in its Report to Congress on Re5 vised Deepwater Implementation Plan, dated March

6 25, 2005, including any subsequent modifications,

7 revisions, or restatements of the Program.

8 (3) PROCUREMENT.—The term ‘‘procurement’’

9 includes development, production, sustainment,

10 modification, conversion, and missionization.

Passed the Senate December 19, 2007.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION S. 924

AN ACT

To strengthen the United States Coast Guard’s

Integrated Deepwater Program.