II 
110TH CONGRESS 
2D SESSION 
H. R. 6999 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 27 (legislative day, SEPTEMBER 17), 2008 
Received 
AN ACT 
To restructure the Coast Guard Integrated Deepwater 
Program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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TITLE I—INTEGRATED 
DEEPWATER PROGRAM 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Integrated Deepwater 
Program Reform Act of 2008’’. 
SEC. 102. PROCUREMENT STRUCTURE. 
(a) IN GENERAL.— 
(1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex-
cept as provided in subsection (b), the Secretary 
may not use a private sector entity as a lead systems 
integrator for acquisitions under, or in support of, 
the Integrated Deepwater Program after the end of 
the 180-day period beginning on the date of enact-
ment of this Act. 
(2) FULL AND OPEN COMPETITION.—The Sec-
retary and the lead systems integrator for the Inte-
grated Deepwater Program shall utilize full and 
open competition for any acquisition for which an 
outside contractor is used under, or in support of, 
the Integrated Deepwater Program after the date of 
enactment of this Act, unless otherwise excepted in 
accordance with the Competition in Contracting Act 
of 1984 and the Federal Acquisition Regulation. 
(3) NO EFFECT ON SMALL BUSINESS ACT.— 
Nothing in this subsection shall be construed to su-
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persede or otherwise affect the authorities provided 
by and under the Small Business Act (15 U.S.C. 
631 et seq.). 
(b) EXCEPTIONS.— 
(1) COMPLETION
OF
ACQUISITIONS
BY
LEAD 
SYSTEMS INTEGRATOR.—Notwithstanding subsection 
(a), the Secretary may use a private sector entity as 
a lead systems integrator for the Coast Guard— 
(A) to complete any delivery order or task 
order that was issued to the lead systems inte-
grator on or before the date that is 180 days 
after the date of enactment of this Act without 
any change in the quantity of assets or the spe-
cific type of assets covered by the order; 
(B) for acquisitions after the date that is 
180 days after the date of enactment of this 
Act of, or in support of, the HC–130J aircraft, 
the HH–65 aircraft, and the C4ISR system if 
the requirements of subsection (c) are met with 
respect to such acquisitions; 
(C) for acquisitions after the date that is 
180 days after the date of enactment of this 
Act of, or in support of, National Security Cut-
ters or Maritime Patrol Aircraft under contract 
or order for construction as of the date that is 
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180 days after the date of enactment of this 
Act, if the requirements of subsection (c) are 
met with respect to such acquisitions; and 
(D) for the acquisition, or in support, of 
additional National Security Cutters or Mari-
time Patrol Aircraft if the Secretary determines 
that— 
(i) the acquisition is in accordance 
with the Competition in Contracting Act of 
1984 and the Federal Acquisition Regula-
tion; 
(ii) the acquisition and the use of a 
private sector entity as a lead systems inte-
grator for the acquisition is in the best in-
terest of the Federal Government; and 
(iii) the requirements of subsection (c) 
are met with respect to such acquisition. 
(2) AWARDS TO TIER 1 SUBCONTRACTORS.— 
The Secretary may award to any Tier 1 subcon-
tractor or subcontractor below the Tier 1 level any 
acquisition that the Secretary could award to a lead 
systems integrator under paragraph (1). 
(3) REPORT ON DECISION-MAKING PROCESS.— 
If the Secretary determines under paragraph (1)(B), 
(1)(C), or (1)(D) that the Coast Guard will use a 
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private sector lead systems integrator for an acquisi-
tion, the Secretary shall notify in writing the appro-
priate congressional committees of the Secretary’s 
determination and shall provide a detailed rationale 
for the determination, at least 30 days before the 
award of a contract, delivery order, or task order 
using a private sector lead systems integrator, in-
cluding a comparison of the cost of the acquisition 
through the private sector lead systems integrator 
with the expected cost if the acquisition were award-
ed directly to the manufacturer or shipyard. 
(c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.— 
Neither an entity performing lead systems integrator func-
tions for an acquisition under, or in support of, the Inte-
grated Deepwater Program, nor a Tier 1 subcontractor, 
for any acquisition described in subsection (b)(1)(B), 
(b)(1)(C), or (b)(1)(D) may have a financial interest in 
a subcontractor below the tier 1 subcontractor level un-
less— 
(1) the subcontractor was selected by the Sec-
retary through full and open competition for such 
procurement; 
(2) the procurement was awarded by the lead 
systems integrator or a subcontractor through full 
and open competition; 
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(3) the procurement was awarded by a subcon-
tractor through a process over which the lead sys-
tems integrator or a Tier 1 subcontractor exercised 
no control; or 
(4) the Secretary has determined that the pro-
curement was awarded in a manner consistent with 
the Competition in Contracting Act of 1984 and the 
Federal Acquisition Regulation. 
(d) RULE
OF CONSTRUCTION.—The limitation in 
subsection (b)(1)(A) on the quantity and specific type of 
assets to which subsection (b) applies shall not be con-
strued to apply to the modification of the number or type 
of any subsystems or other components of a vessel or air-
craft described in subsection (b)(1)(B), (C), or (D). 
(e) TERMINATION DATE
FOR EXCEPTIONS.—Not-
withstanding subsection (b), the Secretary may not use a 
private sector entity as a lead systems integrator for ac-
quisitions under, or in support of, the Integrated Deep-
water Program after the earlier of— 
(1) September 30, 2011; or 
(2) the date on which the Secretary certifies in 
writing to the appropriate congressional committees 
that the Coast Guard has available and can retain 
sufficient contracting personnel and expertise within 
the Coast Guard, through an arrangement with 
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other Federal agencies, or through contracts or 
other arrangements with private sector entities, to 
perform the functions and responsibilities of the lead 
system integrator in an efficient and cost-effective 
manner. 
SEC. 103. REQUIRED CONTRACT TERMS. 
(a) IN GENERAL.—The Secretary shall ensure that 
any contract, delivery order, or task order for an acquisi-
tion under, or in support of, the Integrated Deepwater 
Program executed by the Secretary after the date of enact-
ment of this Act— 
(1) provides that all certifications for Inte-
grated Deepwater Program procurements will be 
conducted by the Secretary or an independent third 
party, and that self-certification by the contractor or 
subcontractor is not allowed; 
(2) provides that the Commandant shall con-
duct a technical review of all proposed designs, de-
sign changes, and engineering changes and requires 
that the contractor address all design and engineer-
ing concerns identified in the technical reviews; 
(3) requires that the Commandant shall main-
tain the authority to establish, approve, and main-
tain technical requirements; 
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(4) requires that any measurement of con-
tractor and subcontractor performance be based on 
the status of all work performed, including the ex-
tent to which the work performed met all cost, 
schedule, and mission performance requirements; 
(5) specifies that, for the acquisition or upgrade 
of air, surface, or shore assets for which compliance 
with TEMPEST certification is a requirement, the 
standard for determining such compliance will be the 
air, surface, or shore asset standard then used by 
the Department of the Navy for that type of asset; 
and 
(6) for any contract issued to acquire an Off-
shore Patrol Cutter, includes provisions specifying 
the service life, fatigue life, and days underway in 
general Atlantic and North Pacific Sea conditions, 
maximum range, and maximum speed the cutter will 
be built to achieve. 
(b) PROHIBITED CONTRACT PROVISIONS.—The Sec-
retary shall ensure that any contract, delivery order, or 
task order for acquisition under, or in support of, the Inte-
grated Deepwater Program executed by the Secretary 
after the date of enactment of this Act does not include— 
(1) provisions that commit the Secretary with-
out express written approval by the Secretary; or 
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(2) any provision allowing for equitable adjust-
ment that differs from the Federal Acquisition Reg-
ulation. 
(c) EXTENSION OF PROGRAM.—Any contract, con-
tract modification, or award term extending the existing 
Integrated Deepwater Program contract term, as signed 
in May 2006 and modified in June 2007— 
(1) shall not include any minimum require-
ments for the purchase of a given or determinable 
number of specific assets; and 
(2) shall be reviewed by the Under Secretary of 
Defense for Acquisition, Technology, and Logistics 
through the Defense Acquisition University and the 
results of that review shall be submitted to the ap-
propriate congressional committees at least 60 days 
prior to the award of the contract, contract modi-
fication, or award term. 
SEC. 104. TESTING AND CERTIFICATION. 
(a) EARLY OPERATIONAL ASSESSMENT.— 
(1) For any major asset type acquired for the 
Coast Guard after the date of enactment of this Act 
other than the National Security Cutter and the 
Maritime Patrol Aircraft, the Secretary shall cause 
an early operational assessment to be completed on 
the design for that asset type. 
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(2) The early operational assessment shall be 
conducted by an independent third party with rel-
evant expertise in conducting early operational as-
sessments on the asset type for which the assess-
ment is being performed or by the Coast Guard act-
ing in collaboration with an independent third party 
with relevant expertise in conducting early oper-
ational assessments on the asset type for which the 
assessment is being performed. 
(3) The result of this assessment shall be sub-
mitted to the appropriate congressional committees 
at least 90 days prior to the initiation of any con-
struction activity utilizing the proposed design. 
(4) The Secretary shall also submit a report de-
scribing the steps taken to mitigate the risks identi-
fied by the early operational assessment conducted 
under this section in the design on which construc-
tion is to begin at least 30 days prior to the initi-
ation of any construction utilizing the proposed de-
sign. 
(b) ASSESSMENT OF OPERATIONAL CAPABILITY.— 
(1) The Secretary shall cause the first in class 
of a major asset acquisition of a cutter or an air-
craft by the Coast Guard to be subjected to an as-
sessment of operational capability conducted by an 
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independent third party with relevant expertise in 
the asset type or by the Coast Guard in collabora-
tion with an independent third party with relevant 
expertise in the asset type. 
(2) The result of the assessment conducted 
under this subsection shall be submitted to the ap-
propriate congressional committees at least 45 days 
prior to acceptance of the asset. 
(c) CUTTER CLASSIFICATION.—The Secretary shall 
cause each cutter, other than a National Security Cutter, 
acquired by the Coast Guard and delivered after the date 
of enactment of this Act to be classed by the American 
Bureau of Shipping, before acceptance of delivery. 
(d) TEMPEST TESTING.—The Secretary shall cause 
all electronics on all aircraft, surface, and shore assets 
that require TEMPEST certification and that are deliv-
ered after the date of enactment of this Act to be tested 
in accordance with TEMPEST standards and communica-
tion security (COMSEC) standards by an independent 
third party that is authorized by the Federal Government 
to perform such testing and certify that the asset meets 
all applicable TEMPEST requirements. 
(e) NATIONAL SECURITY CUTTER.—The Secretary 
shall cause the design and construction of each National 
Security Cutter, other than National Security Cutter 1 
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and 2, to be certified by an independent third party with 
expertise in vessel design and construction certification. 
(f) AIRCRAFT AIRWORTHINESS.—The Secretary shall 
cause all aircraft and aircraft engines acquired by the 
Coast Guard and delivered after the date of enactment 
of this Act to be certified for airworthiness by an inde-
pendent third party with expertise in aircraft and aircraft 
engine certification, before acceptance of delivery. 
(g) CERTIFICATIONS.— 
(1) After the date of enactment of this Act, a 
contract, delivery order, or task order exceeding 
$10,000,000 for an acquisition under, or in support 
of, the Coast Guard’s Integrated Deepwater Pro-
gram may not be executed by the Coast Guard until 
the Secretary certifies that— 
(A) appropriate market research has been 
conducted prior to technology development to 
reduce duplication of existing technology and 
products; 
(B) the technology has been demonstrated 
to the maximum extent practicable in a relevant 
environment; 
(C) the technology demonstrates a high 
likelihood of accomplishing its intended mission; 
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(D) funding is available to execute the con-
tract, delivery order, or task order; and 
(E) the technology complies with all rel-
evant policies, regulations, and directives of the 
Coast Guard. 
(2) The Secretary shall transmit a copy of each 
certification required under subsection (g) to the ap-
propriate congressional committees within 30 days 
after the completion of the certification. 
(h) LIMITATION.—Nothing in this section shall pre-
vent the Secretary from executing contracts or issuing de-
livery orders or task orders for research and development 
or technology demonstrations under, or in support of, the 
Integrated Deepwater Program. 
SEC. 105. NATIONAL SECURITY CUTTER. 
Not later than 90 days before the Coast Guard signs 
any contract, delivery order, or task order to strengthen 
the hull of either of National Security Cutter 1 or 2 to 
resolve the structural design and performance issues iden-
tified in the Department of Homeland Security Inspector 
General’s report OIG–07–23 dated January 2007, the 
Secretary shall submit to the appropriate congressional 
committees all results of an assessment of the proposed 
hull strengthening design conducted by the Coast Guard, 
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in conjunction with the Naval Surface Warfare Center, 
Carderock Division, including— 
(1) a description in detail of the extent to which 
the hull strengthening measures to be implemented 
on those cutters will enable the cutters to meet con-
tract and performance requirements; 
(2) a cost benefit analysis of the proposed hull 
strengthening measures for National Security Cut-
ters 1 and 2; and 
(3) a description of any operational restrictions 
that would have to be applied to either National Se-
curity Cutters 1 or 2 if the proposed hull strength-
ening measures were not implemented on either cut-
ter. 
SEC. 106. IMPROVEMENTS IN COAST GUARD MANAGEMENT. 
(a) INTEGRATED
PRODUCT
TEAMS.—Integrated 
product teams, and all teams that oversee integrated prod-
uct teams, shall be chaired by officers, members, or em-
ployees of the Coast Guard. 
(b) DEEPWATER
TECHNICAL
AUTHORITY.—The 
Commandant shall maintain or designate the technical au-
thority to establish, approve, and maintain technical re-
quirements for the Integrated Deepwater Program. Any 
such designation shall be given in writing and may not 
be delegated to the authority of the Chief Acquisition Offi-
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cer established by section 55 of title 14, United States 
Code. 
(c) ENSURING ADEQUATE PERSONNEL.—The Sec-
retary shall ensure that sufficient contracting officers, 
contracting specialists, and technical and financial man-
agement specialists (including earned value experts) are 
available to execute each contract issued under the Inte-
grated Deepwater Program. 
(d) ACQUISITIONS WORKFORCE POLICY.—The Sec-
retary shall review all policies established for the Coast 
Guard’s acquisitions workforce to ensure that they are de-
signed to provide for the selection of the best qualified 
individual for a position, consistent with other applicable 
law, and promote the establishment and maintenance of 
a balanced workforce in which women and members of ra-
cial and ethnic minority groups are appropriately rep-
resented in Government service. 
(e) CAREER PATHS.—The Secretary shall ensure that 
appropriate career paths for civilian and military per-
sonnel who wish to pursue careers in acquisitions are iden-
tified in terms of the education, training, experience, and 
assignments necessary for career progression of civilians 
and members of the Coast Guard to the most senior acqui-
sitions positions. The Secretary shall make available pub-
lished information on such career paths. 
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(f) BALANCED WORKFORCE POLICY.—In the devel-
opment of acquisition workforce policies with respect to 
any civilian employees or applicants for employment, the 
Secretary shall, consistent with the merit system prin-
ciples set out in paragraphs (1) and (2) of section 2301(b) 
of title 5, United States Code, promote a balanced work-
force in which women and members of racial and ethnic 
minority groups are appropriately represented in Govern-
ment service. 
(g) GUIDANCE ON TENURE AND ACCOUNTABILITY OF 
PROGRAM MANAGERS.— 
(1) ISSUANCE OF GUIDANCE.—Not later than 
one year after the date of the enactment of this Act, 
the Secretary shall issue guidance for major systems 
acquisition programs to address the qualifications, 
resources, responsibilities, tenure, and accountability 
of program managers for the management of major 
systems acquisitions. The guidance issued pursuant 
to this subsection shall address, at a minimum— 
(A) the qualifications that shall be required 
of program managers, including the number of 
years of acquisitions experience and the profes-
sional training levels to be required of those ap-
pointed to program management positions; 
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(B) authorities available to the program 
manager, including, to the extent appropriate, 
the authority to object to the addition of new 
program requirements that would be incon-
sistent with the parameters established for an 
acquisitions program; and 
(C) the extent to which a program man-
ager who initiates a new program will continue 
in management of that program without inter-
ruption until the delivery of the first production 
units of the program. 
(2) STRATEGY.— 
(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this Act, 
the Secretary shall develop a comprehensive 
strategy for enhancing the role of Coast Guard 
program managers in developing and carrying 
out acquisition programs. 
(B) MATTERS
TO
BE
ADDRESSED.—The 
strategy required by this section shall address, 
at a minimum— 
(i) the creation of a specific career 
path and career opportunities for program 
managers, including the rotational assign-
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ments that will be provided to program 
managers; 
(ii) the provision of enhanced training 
and educational opportunities for program 
managers; 
(iii) the provision of mentoring sup-
port to current and future program man-
agers by experienced senior executives and 
program 
managers 
within 
the 
Coast 
Guard, including through rotational as-
signments to the Department of Defense; 
(iv) the methods by which the Coast 
Guard will collect and disseminate best 
practices and lessons learned on systems 
acquisitions to enhance program manage-
ment throughout the Coast Guard; 
(v) the templates and tools that will 
be used to support improved data gath-
ering and analysis for program manage-
ment and oversight purposes, including the 
metrics that will be utilized to assess the 
effectiveness of Coast Guard program 
managers in managing systems acquisi-
tions efforts; 
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(vi) a description in detail of how the 
Coast Guard will promote a balanced work-
force in which women and members of ra-
cial and ethnic minority groups are appro-
priately represented in Government service; 
and 
(vii) the methods by which the ac-
countability of program managers for the 
results of acquisition programs will be in-
creased. 
(3) REPORT BY COMPTROLLER GENERAL.—Not 
later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit to the 
appropriate congressional committees a report on 
the actions taken by the Secretary to implement the 
requirements of this subsection, including the strate-
gies that are required to be developed by this sub-
section. 
SEC. 107. CHIEF ACQUISITION OFFICER. 
(a) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 55. Chief Acquisition Officer 
‘‘(a) ESTABLISHMENT OF AGENCY CHIEF ACQUISI-
TION OFFICER.—There shall be in the Coast Guard a 
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Chief Acquisitions Officer selected by the Commandant 
who shall be a Rear Admiral or civilian from the Senior 
Executive Service (career reserved) and who meets the 
qualifications set forth under subsection (b). The Chief 
Acquisitions Officer shall serve at the Assistant Com-
mandant level and have acquisition management as that 
individual’s primary duty. 
‘‘(b) QUALIFICATIONS.—The Chief Acquisition Offi-
cer shall be a certified acquisition professional with a pro-
gram manager level III certification and must have at 
least 10 years experience in an acquisition position. 
‘‘(c) AUTHORITY AND FUNCTIONS OF THE CHIEF AC-
QUISITION OFFICER.—The functions of the Chief Acquisi-
tion Officer shall include— 
‘‘(1) monitoring the performance of programs 
on the basis of applicable performance measure-
ments and advising the Commandant, through the 
Vice Commandant of the Coast Guard, regarding 
the appropriate business strategy to achieve the mis-
sions of the Coast Guard; 
‘‘(2) increasing the use of full and open com-
petition in the acquisition of property and services 
by the Coast Guard by establishing policies, proce-
dures, and practices that ensure that the Coast 
Guard receives a sufficient number of sealed bids or 
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competitive proposals from responsible sources to 
fulfill the Government’s requirements, including per-
formance and delivery schedules, at the lowest cost 
or best value considering the nature of the property 
or service procured; 
‘‘(3) making acquisition decisions in concur-
rence with the technical authority of the Coast 
Guard, as designated by the Commandant, and con-
sistent with all other applicable laws and decisions 
establishing procedures within the Coast Guard; 
‘‘(4) ensuring the use of detailed performance 
specifications in instances in which performance 
based contracting is used; 
‘‘(5) making acquisition decisions consistent 
with all applicable laws and decision making proce-
dures within the Coast Guard; 
‘‘(6) managing the direction of acquisition pol-
icy for the Coast Guard, including implementation of 
the unique acquisition policies, regulations, and 
standards of the Coast Guard; 
‘‘(7) developing and maintaining an acquisition 
career management program in the Coast Guard to 
ensure that there is an adequate professional work 
force; and 
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‘‘(8) as part of the strategic planning and per-
formance evaluation process required under section 
306 of title 5 and sections 1105(a)(28), 1115, 1116, 
10 and 9703 of title 31— 
‘‘(A) assessing the requirements estab-
lished for Coast Guard personnel regarding 
knowledge and skill in acquisition resources and 
management and the adequacy of such require-
ments for facilitating the achievement of the 
performance goals established for acquisition 
management; 
‘‘(B) in order to rectify any deficiency in 
meeting such requirements, developing strate-
gies and specific plans for hiring, training, and 
professional development; and 
‘‘(C) 
reporting 
to 
the 
Commandant, 
through the Vice Commandant, on the progress 
made in improving acquisition management ca-
pability.’’. 
(b) APPLICATION
OF
QUALIFICATION
REQUIRE-
MENT.—Section 55(b) of title 46, United States Code, as 
amended by this section, shall apply beginning October 1, 
2011. 
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(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following: 
‘‘55. Chief Acquisition Officer.’’. 
(d) SPECIAL RATE SUPPLEMENTS.— 
(1) REQUIREMENT TO ESTABLISH.—Not later 
than 1 year after the date of enactment of this Act 
and in accordance with part 9701.333 of title 5, 
Code of Federal Regulations, the Secretary shall es-
tablish special rate supplements that provide higher 
pay levels for employees necessary to carry out the 
amendment made by this section. 
(2) SUBJECT
TO
APPROPRIATIONS.—The re-
quirement under paragraph (1) is subject to the 
availability of appropriations. 
SEC. 108. INTEGRATED DEEPWATER PROGRAM PLANS. 
(a) IN GENERAL.— 
(1) REVISED
INTEGRATED
DEEPWATER
PRO-
GRAM
PLANS
AND
ACQUISITION
PROGRAM.—The 
Secretary shall— 
(A) revise and update the Integrated Deep-
water Program’s project management plan 
within 180 days after the date of enactment of 
this Act, in accordance with the requirements of 
subsection (d); 
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(B) issue new or updated acquisition plans 
and acquisition program baselines for each 
asset class under the Integrated Deepwater 
Program, in accordance with the requirements 
of subsection (e); and 
(C) transmit copies thereof to the appro-
priate congressional committees. 
(2) USE
OF
ALTERNATIVES
ANALYSIS.—The 
Secretary shall base the revisions and plans on the 
February 2008 Integrated Deepwater System Alter-
natives Analysis prepared for the United States 
Coast Guard by an independent consulting organiza-
tion. 
(b) ALTERNATIVES ANALYSES.— 
(1) IN GENERAL.—No acquisition of an experi-
mental, technically immature, or first-in-class major 
asset may be made under the Integrated Deepwater 
Program unless an alternatives analysis was con-
ducted for such asset during the concept and tech-
nology development phase. Such analyses shall be 
conducted by a federally funded research and devel-
opment center, a qualified entity of the Department 
of Defense, or a similar independent third party en-
tity that has appropriate acquisition expertise. Such 
alternatives analyses shall include— 
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(A) an examination of capability, inter-
operability, and other advantages and disadvan-
tages; 
(B) an evaluation of whether different 
quantities of specific assets could meet the 
Coast Guard’s overall performance needs; 
(C) a discussion of key assumptions and 
variables, and sensitivity to changes in such as-
sumptions and variables; 
(D) an assessment of technology risk and 
maturity; 
(E) an evaluation of relevant safety and 
performance records; 
(F) a calculation of costs, including life 
cycle costs; 
(G) a business case of viable alternatives; 
(H) an examination of likely research and 
development costs and the levels of uncertainty 
associated with such estimated costs; 
(I) an examination of likely production and 
deployment costs and the levels of uncertainty 
associated with such estimated costs; 
(J) an examination of likely operating and 
support costs and the levels of uncertainty asso-
ciated with such estimated costs; 
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(K) if they are likely to be significant, an 
examination of likely disposal costs and the lev-
els of uncertainty associated with such esti-
mated costs; 
(L) an analysis of the risks to production 
cost, schedule, and life-cycle cost resulting from 
the experimental, technically immature nature 
of the systems under consideration; and 
(M) such additional measures the Sec-
retary determines to be necessary for appro-
priate evaluation of the asset. 
(c) FUTURE REVISIONS.—The Secretary shall— 
(1) notify each of the appropriate congressional 
committees whenever an alternatives analysis or re-
vision of an alternatives analysis under the Inte-
grated Deepwater Program are initiated under this 
title; 
(2) transmit a copy of the Integrated Deep-
water Program’s project management plan, acquisi-
tion plans, or acquisition program baselines to each 
of the appropriate congressional committees when-
ever any such document is created or revised; and 
(3) maintain a historical file containing, and 
make available to each of the appropriate congres-
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sional committees, upon request, copies of each 
version of those documents as they are revised. 
(d) PROJECT MANAGEMENT PLAN.—The revised 
project management plan required by subsection (a)(1) 
shall include the following: 
(1) An analysis and risk assessment of the tech-
nology risks and level of maturity for major tech-
nologies used on all classes of asset acquisitions 
under the Integrated Deepwater Program, including 
the National Security Cutter, fast response cutter, 
offshore patrol cutter, the vertical unmanned aerial 
vehicle, maritime patrol aircraft, HC–130J aircraft, 
and C4ISR systems. 
(2) A description of how the Coast Guard plans 
to utilize arrangements with the Department of De-
fense for support in contracting and management of 
acquisitions under the Integrated Deepwater Pro-
gram and to seek opportunities to leverage off of 
Department of Defense contracts, and contracts of 
other appropriate agencies, to obtain the best pos-
sible price for Integrated Deepwater Program assets. 
(3) A life-cycle cost estimate for the Integrated 
Deepwater Program which shall include asset acqui-
sition and logistics support decisions and planned 
operational tempo and locations. 
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(4) Any other information the Secretary deems 
necessary. 
(e) ACQUISITION PROGRAM BASELINE.— 
(1) IN
GENERAL.—The new acquisition pro-
gram baselines required by subsection (a)(1) shall 
include— 
(A) a plan for the acquisition, and the 
schedule and costs for delivery of such acquisi-
tions; 
(B) a lifecycle cost estimate that includes 
asset acquisition and logistics support decisions 
and planned operational tempo and locations; 
and 
(C) such other information as the Sec-
retary deems necessary. 
(2) OFFSHORE PATROL CUTTER.—When an ac-
quisition program baseline is completed for the off-
shore patrol cutter following an alternatives analysis 
for that asset class, the acquisition program baseline 
shall include a detailed statement of the service life, 
fatigue life, maximum range, maximum speed, and 
number of days underway under general Atlantic 
and North Pacific Sea conditions the cutter will be 
built to achieve. The offshore patrol cutter’s acquisi-
tion program baseline shall be completed and trans-
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mitted to each of the appropriate congressional com-
mittees not less than 90 days before the Secretary 
issues a request for proposals for construction of an 
offshore patrol cutter. 
SEC. 109. REPORTS. 
(a) ANNUAL REPORT.— 
(1) IN
GENERAL.—Within 45 days after the 
end of each fiscal year, the Secretary shall submit 
a comprehensive annual report on the progress of 
the Integrated Deepwater Program to the appro-
priate congressional committees. 
(2) SCOPE.—At a minimum, the report shall in-
clude— 
(A) an outline and description of all 
changes to the Integrated Deepwater Program’s 
project management plan during the previous 
fiscal year; 
(B) an outline and description of all 
changes to acquisition plans and acquisition 
program baselines for all Integrated Deepwater 
Program asset acquisitions during the previous 
fiscal year, including all updates to life cycle 
cost estimates, acquisition cost estimates, 
schedule changes, and changes in asset per-
formance requirements; 
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(C) a summary of findings of all alter-
natives analyses completed or revised during the 
previous fiscal year under the Integrated Deep-
water Program; 
(D) an updated development schedule for 
each asset and asset class, including estimated 
annual costs until development is completed; 
(E) an updated acquisition schedule for 
each asset and asset class, including estimated 
annual costs and units to be procured until ac-
quisition is completed; 
(F) an updated projection of the remaining 
operational lifespan of each legacy asset and 
projected costs for sustaining such assets; 
(G) a breakdown of the percentage of the 
total amount of funds expended on acquisitions 
under the Integrated Deepwater Program dur-
ing the previous fiscal year that has been paid 
to each of small businesses, socially and eco-
nomically disadvantaged small business con-
cerns eligible for assistance under section 8(a) 
of the Small Business Act (15 U.S.C. 637(a)), 
minority-owned businesses, women-owned busi-
nesses, and service disabled veteran-owned busi-
nesses; 
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(H) information on the status of agree-
ments and progress of other arrangements with 
the Department of Defense for support in con-
tracting and management of acquisitions under 
the Integrated Deepwater Program required by 
section 110 of this Act and the updated project 
management plan as required by section 108(a) 
of this Act; 
(I) an update on the Secretary’s progress 
in meeting goals for the development of the ac-
quisition program described in the Blueprint for 
Acquisition Reform, and required by this title, 
including staffing levels and professional devel-
opment; 
(J) a financial accounting of the Inte-
grated Deepwater Program as of the end of the 
fiscal year, which shall include a balance sheet, 
statement of net cost, statement of changes in 
net position, and statement of budgetary re-
sources of the Program; 
(K) an update on the status of efforts to 
enhance the role of Coast Guard program man-
agers in developing and carrying out acquisi-
tions programs and efforts to promote a bal-
anced workforce in which women and members 
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of racial and ethnic minority groups are appro-
priately represented in Government service; and 
(L) such additional information as the Sec-
retary deems necessary for updating Congress 
on the progress of the Integrated Deepwater 
Program. 
(b) COST OVERRUNS AND DELAYS.— 
(1) IN GENERAL.—The Secretary shall submit 
a report to the appropriate congressional committees 
as soon as possible, but not later than 30 days, after 
the Deepwater Program Executive Officer becomes 
aware of the breach of an acquisition program base-
line under the Integrated Deepwater Program by— 
(A) a likely cost overrun greater than 8 
percent of the acquisition program baseline 
total acquisition cost for that individual asset or 
a class of assets; 
(B) a likely delay of more than 180 days 
in the delivery schedule for any individual asset 
or class of assets; or 
(C) an anticipated failure for any indi-
vidual asset or class of assets to satisfy any key 
performance threshold or parameter under the 
Integrated Deepwater Program acquisition pro-
gram baseline. 
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(2) CONTENT.—The report submitted under 
paragraph (1) shall include 
(A) a detailed description of the breach 
and an explanation of its cause; 
(B) the projected impact to cost, schedule 
and performance; 
(C) an updated total acquisition cost and 
the complete history of changes to the original 
cost estimate described in the plan submitted 
under section 108(e); 
(D) the updated acquisition schedule and 
the complete history of changes to the original 
schedule described in the plan submitted under 
section 108(e); 
(E) a full life-cycle cost analysis for the 
asset or class of assets; 
(F) a remediation plan identifying correc-
tive actions and any resulting issues or risks; 
and 
(G) a description of how progress in the 
remediation plan will be measured and mon-
itored. 
(3) SUBSTANTIAL
VARIANCES
IN
COSTS
OR 
SCHEDULE.—If a likely cost overrun is greater than 
20 percent or a likely delay is greater than 12 
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months from the schedule and costs described in the 
acquisition program baseline total acquisition cost 
for that individual asset or class of assets, the Sec-
retary shall include in the report a written certifi-
cation, with a supporting explanation, that— 
(A) the asset or asset class is essential to 
the accomplishment of Coast Guard missions; 
(B) there are no alternatives to such asset 
or asset class which will provide equal or great-
er capability in both a more cost-effective and 
timely manner; 
(C) the new acquisition schedule and esti-
mates for total acquisition cost are reasonable; 
and 
(D) the management structure for the ac-
quisition program is adequate to manage and 
control costs, schedule, and performance. 
(4) CERTIFIED ASSETS AND ASSET CLASSES.— 
If the Secretary certifies an asset or asset class 
under paragraph (3), the requirements of this sub- 
section shall be met based on the new estimates of 
cost and schedule contained in that certification. 
(c) REPORT ON INTEGRATED DEEPWATER PROGRAM 
C4ISR.— 
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(1) INDEPENDENT
ASSESSMENT.—Not later 
than 3 months after the date of enactment of this 
Act, the Secretary shall enter into an arrangement 
with the National Research Council of the National 
Academy of Sciences to conduct a study to assess 
the Coast Guard’s Integrated Deepwater Program 
C4ISR systems and acquisition plans. This study 
shall include an examination of— 
(A) the Coast Guard’s current and planned 
Integrated Deepwater Program C4ISR capabili-
ties and architecture; 
(B) the adequacy of the Integrated Deep-
water Program C4ISR acquisition’s Informa-
tion Technology requirements; 
(C) whether the planned Integrated Deep-
water Program C4ISR systems are sufficiently 
adaptable to meet the needs of the Coast 
Guard’s mission requirements; 
(D) whether the planned Integrated Deep-
water Program C4ISR systems facilitate future 
upgrades as C4ISR technology advances; and 
(E) the adequacy of the Coast Guard’s or-
ganizational, personnel, and training systems 
for acquiring, utilizing, and sustaining Inte-
grated Deepwater Program C4ISR systems. 
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(d) PATROL BOAT REPORT.—Not later than 120 
days after the date of enactment of this Act, the Secretary 
shall submit to the appropriate congressional committees 
a report on how the Coast Guard plans to manage the 
annual readiness gap of lost time for 110-foot patrol boats 
from fiscal year 2009 through fiscal year 2015. The report 
shall include— 
(1) a description of the mission performance 
gap detailing the geographic regions and Coast 
Guard capabilities affected; 
(2) a summary of the patrol hours that will be 
lost due to delays in replacing the 110-foot cutters 
and lost capabilities of the 110-foot cutters that 
have been converted; 
(3) an analysis of factors affecting the mission 
performance gap that are unrelated to the Inte-
grated Deepwater Program, including deployment of 
Coast Guard assets overseas and continuous vessel 
shortages; 
(4) an identification of assets that are being 
used or may be used to alleviate the annual readi-
ness gap of lost time for such patrol boats, including 
any acquisition or lease considered and the reasons 
they were not pursued; 
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(5) in cases where Coast Guard assets are used 
more heavily to alleviate the readiness gap, an as-
sessment of the estimated additional maintenance 
costs incurred and asset lifespan lost due to the in-
creased use of such assets; 
(6) a projection of the remaining operational 
lifespan of the 110-foot patrol boat fleet; 
(7) a description of how extending through fis-
cal year 2015 the transfer agreement between the 
Coast Guard and the United States Navy for 3 Cy-
clone class 179-foot patrol coastal ships would affect 
the annual readiness gap of lost time for 110-foot 
patrol boats; and 
(8) an estimate of the cost to extend the oper-
ational lifespan of the 110-foot patrol boat fleet for 
each of fiscal years 2008 through 2015. 
(e) ACQUISITIONS WORKFORCE REPORT.—Within 4 
months after the date of enactment of this Act, the Sec-
retary shall report on the development of the acquisitions 
office within the Coast Guard, describing the specific 
staffing structure for that directorate, including— 
(1) identification of all acquisitions positions 
proposed as part of the office, the functions that 
each managerial position will fill, and the number of 
employees each manager will supervise; and 
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(2) a formal organizational chart and identifica-
tion of when managerial positions are to be filled. 
(f) ELEVATION OF DISPUTES TO THE CHIEF ACQUI-
SITION OFFICER.—Within 30 days after the elevation to 
the Chief Acquisition Officer of any design or other dis-
pute regarding the Integrated Deepwater Program con-
tract or an item to be acquired under that contract, the 
Secretary shall provide to the appropriate congressional 
committees a detailed description of the issue and the ra-
tionale underlying the decision taken by the Chief Acquisi-
tion Officer to resolve the issue. 
(g) AMENDMENT OF 2006 ACT.—Section 408(a) of 
the Coast Guard and Maritime Transportation Act of 
2006 is amended— 
(1) by striking paragraphs (1) and (3); and 
(2) by redesignating paragraphs (2) and (4) 
through (8) as paragraphs (1) through (6), respec-
tively. 
SEC. 110. DEPARTMENT OF DEFENSE CONSULTATION. 
(a) IN GENERAL.—The Secretary shall make ar-
rangements as appropriate with the Secretary of Defense 
for support in contracting and management of acquisitions 
under the Integrated Deepwater Program. The Coast 
Guard shall also seek opportunities to leverage off of De-
partment of Defense contracts, and contracts of other ap-
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propriate agencies, to obtain the best possible price for 
Integrated Deepwater Program assets. 
(b) INTER-SERVICE TECHNICAL ASSISTANCE.—The 
Secretary may enter into a memorandum of understanding 
or a memorandum of agreement with the Secretary of the 
Navy to obtain the assistance of the Office of the Assistant 
Secretary of the Navy for Research, Development, and Ac-
quisition, including the Navy Systems Commands, with 
the oversight of Coast Guard major acquisition programs. 
Such memorandum of understanding or memorandum of 
agreement shall, at a minimum, provide for— 
(1) the exchange of technical assistance and 
support that the Coast Guard Chief Acquisition Offi-
cer, Coast Guard Chief Engineer, and the Coast 
Guard Chief Information Officer may identify; 
(2) the use, as appropriate, of Navy technical 
expertise; and 
(3) the temporary assignment or exchange of 
personnel between the Coast Guard and the Office 
of the Assistant Secretary of the Navy for Research, 
Development, and Acquisition, including Naval Sys-
tems Commands, to facilitate the development of or-
ganic capabilities in the Coast Guard. 
(c) TECHNICAL AUTHORITIES.—The technical au-
thority established under section 106(b) shall adopt, to the 
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extent practicable, procedures that are similar to those 
used by the Navy Senior Acquisition Official to approve 
all technical requirements. 
(d) ASSESSMENT.—Within 180 days after the date 
of enactment of this Act, the Comptroller General shall 
transmit a report to the appropriate congressional com-
mittees that— 
(1) contains an assessment of current Coast 
Guard acquisition and management capabilities to 
manage acquisitions under or in support of the Inte-
grated Deepwater Program; 
(2) includes recommendations as to how the 
Coast Guard can improve its acquisition manage-
ment, either through internal reforms or by seeking 
acquisition expertise from the Department of De-
fense; and 
(3) addresses specifically the question of wheth-
er the Coast Guard can better leverage Department 
of Defense or other agencies’ contracts that would 
meet the needs of the Integrated Deepwater Pro-
gram in order to obtain the best possible price. 
SEC. 111. DEFINITIONS. 
In this title, the following definitions apply: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
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mittees’’ means the Committees on Transportation 
and Infrastructure and Homeland Security of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate. 
(2) INTEGRATED DEEPWATER PROGRAM.—The 
term ‘‘Integrated Deepwater Program’’ means the 
Integrated Deepwater Systems Program described 
by the Coast Guard in its Report to Congress on Re-
vised Deepwater Implementation Plan, dated March 
25, 2005, including any subsequent modifications, 
revisions, or restatements of the Program. The Inte-
grated Deepwater Program includes the procure-
ment, development, production, sustainment, modi-
fication, conversion, and missionization of C4ISR 
and of cutter and aviation assets that operate more 
than 50 miles offshore. 
(3) LIFE-CYCLE
COST.—The term ‘‘life-cycle 
cost’’ means all costs for development, procurement, 
construction, and operations and support for a par-
ticular asset, without regard to funding source or 
management control. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the department in which the Coast 
Guard is operating. 
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SEC. 112. ELIGIBLE EMPLOYEES IN THE RECREATIONAL 
MARINE INDUSTRY. 
Section 2(3)(F) of the Longshore and Harbor Work-
ers’ Compensation Act (33 U.S.C. 902(3)(F)) is amend-
ed— 
(1) by striking ‘‘, repair or dismantle’’; and 
(2) by striking the semicolon and inserting ‘‘, or 
individuals employed to repair any recreational ves-
sel, or to dismantle any part of a recreational vessel 
in connection with the repair of such vessel;’’. 
TITLE 
II—SUBMERSIBLE 
VES-
SELS 
AND 
SEMI-SUBMERS-
IBLE VESSELS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Drug Trafficking Ves-
sel Interdiction Act of 2008’’. 
Subtitle A—Criminal Prohibition 
SEC. 211. FINDINGS AND DECLARATIONS. 
Congress finds and declares that operating or em-
barking in a submersible vessel or semi-submersible vessel 
without nationality and on an international voyage is a 
serious international problem, facilitates transnational 
crime, including drug trafficking, and terrorism, and pre-
sents a specific threat to the safety of maritime navigation 
and the security of the United States. 
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SEC. 212. OPERATION OF SUBMERSIBLE VESSEL OR SEMI- 
SUBMERSIBLE 
VESSEL 
WITHOUT 
NATION-
ALITY. 
(a) IN GENERAL.—Chapter 111 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2285. Operation of submersible vessel or semi-sub-
mersible vessel without nationality 
‘‘(a) OFFENSE.—Whoever knowingly operates, or at-
tempts or conspires to operate, by any means, or embarks 
in any submersible vessel or semi-submersible vessel that 
is without nationality and that is navigating or has navi-
gated into, through, or from waters beyond the outer limit 
of the territorial sea of a single country or a lateral limit 
of that country’s territorial sea with an adjacent country, 
with the intent to evade detection, shall be fined under 
this title, imprisoned not more than 15 years, or both. 
‘‘(b) EVIDENCE
OF INTENT
TO EVADE DETEC-
TION.—For purposes of subsection (a), the presence of 
any of the indicia described in paragraph (1)(A), (E), (F), 
or (G), or in paragraph (4), (5), or (6), of section 
70507(b) of title 46 may be considered, in the totality of 
the circumstances, to be prima facie evidence of intent to 
evade detection. 
‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial Federal jurisdiction over an offense under 
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this section, including an attempt or conspiracy to commit 
such an offense. 
‘‘(d) CLAIM
OF NATIONALITY
OR REGISTRY.—A 
claim of nationality or registry under this section includes 
only— 
‘‘(1) possession on board the vessel and produc-
tion of documents evidencing the vessel’s nationality 
as provided in article 5 of the 1958 Convention on 
the High Seas; 
‘‘(2) flying its nation’s ensign or flag; or 
‘‘(3) a verbal claim of nationality or registry by 
the master or individual in charge of the vessel. 
‘‘(e) AFFIRMATIVE DEFENSES.— 
‘‘(1) IN GENERAL.—It is an affirmative defense 
to a prosecution for a violation of subsection (a), 
which the defendant has the burden to prove by a 
preponderance of the evidence, that the submersible 
vessel or semi-submersible vessel involved was, at the 
time of the offense— 
‘‘(A) a vessel of the United States or law-
fully registered in a foreign nation as claimed 
by the master or individual in charge of the ves-
sel when requested to make a claim by an offi-
cer of the United States authorized to enforce 
applicable provisions of United States law; 
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‘‘(B) classed by and designed in accord-
ance with the rules of a classification society; 
‘‘(C) lawfully operated in government-regu-
lated or licensed activity, including commerce, 
research, or exploration; or 
‘‘(D) equipped with and using an operable 
automatic identification system, vessel moni-
toring system, or long range identification and 
tracking system. 
‘‘(2) PRODUCTION
OF
DOCUMENTS.—The af-
firmative defenses provided by this subsection are 
proved conclusively by the production of— 
‘‘(A) government documents evidencing the 
vessel’s nationality at the time of the offense, as 
provided in article 5 of the 1958 Convention on 
the High Seas; 
‘‘(B) a certificate of classification issued by 
the vessel’s classification society upon comple-
tion of relevant classification surveys and valid 
at the time of the offense; or 
‘‘(C) government documents evidencing li-
censure, regulation, or registration for com-
merce, research, or exploration. 
‘‘(f) FEDERAL ACTIVITIES EXCEPTED.—Nothing in 
this section applies to lawfully authorized activities carried 
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out by or at the direction of the United States Govern-
ment. 
‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sec-
tions 70504 and 70505 of title 46 apply to offenses under 
this section in the same manner as they apply to offenses 
under section 70503 of such title. 
‘‘(h) DEFINITIONS.—In this section, the terms ‘sub-
mersible vessel’, ‘semi-submersible vessel’, ‘vessel of the 
United States’, and ‘vessel without nationality’ have the 
meaning given those terms in section 70502 of title 46.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis 
for chapter 111 of title 18, United States Code, is amend-
ed by inserting after the item relating to section 2284 the 
following: 
‘‘2285. Operation of submersible vessel or semi-submersible vessel without na-
tionality.’’. 
SEC. 213. SENTENCING GUIDELINES. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall promulgate sentencing guidelines (in-
cluding policy statements) or amend existing sentencing 
guidelines (including policy statements) to provide ade-
quate penalties for persons convicted of knowingly oper-
ating by any means or embarking in any submersible ves-
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sel or semi-submersible vessel in violation of section 2285 
of title 18, United States Code. 
(b) REQUIREMENTS.—In carrying out this section, 
the United States Sentencing Commission shall— 
(1) ensure that the sentencing guidelines and 
policy statements reflect the serious nature of the of-
fense described in section 2285 of title 18, United 
States Code, and the need for deterrence to prevent 
such offenses; 
(2) account for any aggravating or mitigating 
circumstances that might justify exceptions, includ-
ing— 
(A) the use of a submersible vessels or 
semi-submersible vessels described in section 
2285 of title 18, United States Code, to facili-
tate other felonies; 
(B) the repeated use of a submersible ves-
sel or semi-submersible vessel described in sec-
tion 2285 of title 18, United States Code, to fa-
cilitate other felonies, including whether such 
use is part of an ongoing criminal organization 
or enterprise; 
(C) whether the use of such a vessel in-
volves a pattern of continued and flagrant viola-
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tions of section 2285 of title 18, United States 
Code; 
(D) whether the persons operating or em-
barking in a submersible vessel or semi-sub-
mersible vessel willfully caused, attempted to 
cause, or permitted the destruction or damage 
of such vessel or failed to heave to when di-
rected by law enforcement officers; and 
(E) circumstances for which the sentencing 
guidelines (and policy statements) provide sen-
tencing enhancements; 
(3) ensure reasonable consistency with other 
relevant directives, other sentencing guidelines and 
policy statements, and statutory provisions; 
(4) make any necessary and conforming 
changes to the sentencing guidelines and policy 
statements; and 
(5) ensure that the sentencing guidelines and 
policy statements adequately meet the purposes of 
sentencing set forth in section 3553(a)(2) of title 18, 
United States Code. 
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Subtitle B—Civil Prohibition 
SEC. 221. OPERATION OF SUBMERSIBLE VESSEL OR SEMI- 
SUBMERSIBLE 
VESSEL 
WITHOUT 
NATION-
ALITY. 
(a) FINDING AND DECLARATION.—Section 70501 of 
title 46, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘that’’; and 
(2) by striking ‘‘States.’’ and inserting ‘‘States 
and (2) operating or embarking in a submersible 
vessel or semi-submersible vessel without nationality 
and on an international voyage is a serious inter-
national problem, facilitates transnational crime, in-
cluding drug trafficking, and terrorism, and presents 
a specific threat to the safety of maritime navigation 
and the security of the United States.’’. 
SEC. 222. OPERATION PROHIBITED. 
(a) IN GENERAL.—Chapter 705 of title 46, United 
States Code, is amended by adding at the end thereof the 
following: 
‘‘§ 70508. Operation of submersible vessel or semi- 
submersible vessel without nationality 
‘‘(a) IN GENERAL.—An individual may not operate 
by any means or embark in any submersible vessel or 
semi-submersible vessel that is without nationality and 
that is navigating or has navigated into, through, or from 
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waters beyond the outer limit of the territorial sea of a 
single country or a lateral limit of that country’s territorial 
sea with an adjacent country, with the intent to evade de-
tection. 
‘‘(b) EVIDENCE
OF INTENT
TO EVADE DETEC-
TION.—In any civil enforcement proceeding for a violation 
of subsection (a), the presence of any of the indicia de-
scribed in paragraph (1)(A), (E), (F), or (G), or in para-
graph (4), (5), or (6), of section 70507(b) may be consid-
ered, in the totality of the circumstances, to be prima facie 
evidence of intent to evade detection. 
‘‘(c) DEFENSES.— 
‘‘(1) IN GENERAL.—It is a defense in any civil 
enforcement proceeding for a violation of subsection 
(a) that the submersible vessel or semi-submersible 
vessel involved was, at the time of the violation— 
‘‘(A) a vessel of the United States or law-
fully registered in a foreign nation as claimed 
by the master or individual in charge of the ves-
sel when requested to make a claim by an offi-
cer of the United States authorized to enforce 
applicable provisions of United States law; 
‘‘(B) classed by and designed in accord-
ance with the rules of a classification society; 
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