275 
States ports and conducting port security patrols. At a 
minimum, the report shall specify– 
(1) the number of ports in which State and 
local law enforcement entities are providing any 
services to enforce Coast Guard-imposed security 
zones around vessels transiting to, through, or from 
United States ports or to conduct security patrols in 
United States ports; 
(2) the number of formal agreements entered 
into between the Coast Guard and State and local 
law enforcement entities to engage State and local 
law enforcement entities in the enforcement of Coast 
Guard-imposed 
security 
zones 
around 
vessels 
transiting to, through, or from United States ports 
or the conduct of port security patrols in United 
States ports, the duration of those agreements, and 
the aid that State and local entities are engaged to 
provided through these agreements; 
(3) the extent to which the Coast Guard has set 
national standards for training, equipment, and re-
sources to ensure that State and local law enforce-
ment entities engaged in enforcing Coast Guard-im-
posed security zones around vessels transiting to, 
through, or from United States ports or in con-
ducting port security patrols in United States ports
276 
(or both) can deter to the maximum extent prac-
ticable a transportation security incident (as that 
term is defined in section 70101 of title 46, United 
States Code); 
(4) the extent to which the Coast Guard has as-
sessed the ability of State and local law enforcement 
entities to carry out the security assignments which 
they have been engaged to perform, including their 
ability to meet any national standards for training, 
equipment, and resources that have been established 
by the Coast Guard in order to ensure that these en-
tities can deter to the maximum extent practicable 
a transportation security incident (as that term is 
defined in section 70101 of title 46, United States 
Code); 
(5) the extent to which State and local law en-
forcement entities are able to meet national stand-
ards for training, equipment, and resources estab-
lished by the Coast Guard to ensure that those enti-
ties can deter to the maximum extent practicable a 
transportation security incident (as that term is de-
fined in section 70101 of title 46, United States 
Code); 
(6) the differences in law enforcement author-
ity, and particularly boarding authority, between the
277 
Coast Guard and State and local law enforcement 
entities, and the impact that these differences have 
on the ability of State and local law enforcement en-
tities to provide the same level of security that the 
Coast Guard provides during the enforcement of 
Coast Guard-imposed security zones and the conduct 
of security patrols in United States ports; and 
(7) the extent of resource, training, and equip-
ment differences between State and local law en-
forcement entities and the Coast Guard units en-
gaged in enforcing Coast Guard-imposed security 
zones around vessels transiting to, through, or from 
United States ports or conducting security patrols in 
United States ports. 
SEC. 724. ASSESSMENT OF TRANSPORTATION SECURITY 
CARD ENROLLMENT SITES. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall prepare an assessment of the enroll-
ment sites for transportation security cards issued under 
section 70105 of title 46, United States Code, including— 
(1) the feasibility of keeping those enrollment 
sites open 24 hours per day, and 7 days per week, 
in order to better handle the large number of appli-
cations for such cards;
278 
(2) the feasibility of keeping those enrollment 
sites open after September 25, 2008; 
(3) the quality of customer service, including 
the periods of time individuals are kept on hold on 
the telephone, whether appointments are kept, and 
processing times for applications. 
(b) TIMELINES AND BENCHMARKS.—The Secretary 
shall develop timelines and benchmarks for implementing 
the findings of the assessment as the Secretary deems nec-
essary. 
TITLE VIII—COAST GUARD INTE-
GRATED 
DEEPWATER 
PRO-
GRAM 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Integrated Deepwater 
Program Reform Act’’. 
SEC. 802. IMPLEMENTATION OF COAST GUARD INTE-
GRATED 
DEEPWATER 
ACQUISITION 
PRO-
GRAM. 
(a) USE OF PRIVATE SECTOR ENTITY AS A LEAD 
SYSTEMS INTEGRATOR.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the Secretary may not use 
a private sector entity as a lead systems integrator 
for procurements under, or in support of, the Deep-
279 
water Program beginning on the earlier of October 
1, 2011, or the date on which the Secretary certifies 
in writing to the Committee on Transportation and 
Infrastructure and the Committee on Homeland Se-
curity of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate that the Coast Guard has available and 
can retain sufficient contracting personnel and ex-
pertise within the Coast Guard, through an arrange-
ment with other Federal agencies, or through con-
tracts or other arrangements with private sector en-
tities, to perform the functions and responsibilities 
of the lead system integrator in an efficient and 
cost-effective manner. 
(2) COMPLETION OF EXISTING DELIVERY OR-
DERS AND TASK ORDERS.—The Secretary may use 
a private sector entity as a lead systems integrator 
to complete any delivery order or task order under 
the Deepwater Program that was issued to the lead 
systems integrator on or before the date of enact-
ment of this Act. 
(3) ASSISTANCE
OF
OTHER
FEDERAL
AGEN-
CIES.—In any case in which the Secretary is the sys-
tems integrator under the Deepwater Program, the 
Secretary may obtain any type of assistance the Sec-
280 
retary considers appropriate, with any systems inte-
gration functions, from any Federal agency with ex-
perience in systems integration involving maritime 
vessels and aircraft. 
(4) ASSISTANCE
OF
PRIVATE
SECTOR
ENTI-
TIES.—In any case in which the Secretary is the sys-
tems integrator under the Deepwater Program, the 
Secretary may, subject to the availability of appro-
priations, obtain by grant, contract, or cooperative 
agreement any type of assistance the Secretary con-
siders appropriate, with any systems integration 
functions, from any private sector entity with experi-
ence in systems integration involving maritime ves-
sels and aircraft. 
(b) COMPETITION.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the Secretary shall use full 
and open competition for each class of asset acquisi-
tions under the Deepwater Program for which an 
outside contractor is used, if the asset is procured 
directly by the Coast Guard or by the Integrated 
Coast Guard System acting under a contract with 
the Coast Guard. 
(2) EXCEPTION.—The Secretary may use a pro-
curement method that is less than full and open
281 
competition to procure an asset under the Deep-
water Program, if— 
(A) the Secretary determines that such 
method is in the best interests of the Federal 
Government; and 
(B) by not later than 30 days before the 
date of the award of a contract for the procure-
ment, the Secretary submits to the Committee 
on Transportation and Infrastructure and the 
Committee on Homeland Security of the House 
of Representatives and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate a report explaining why such procurement 
is in the best interests of the Federal Govern-
ment. 
(3) LIMITATION ON APPLICATION.—Paragraph 
(1) shall not apply to a contract, subcontract, or 
task order that was issued before the date of enact-
ment of this Act, if there is no change in the quan-
tity of assets or the specific type of assets procured. 
(c) REQUIRED CONTRACT TERMS.—The Secretary 
shall include in each contract, subcontract, and task order 
issued under the Deepwater Program after the date of en-
actment of this Act the following provisions, as applicable:
282 
(1) TECHNICAL REVIEWS.—A requirement that 
the Secretary shall conduct a technical review of all 
proposed designs, design changes, and engineering 
changes, and a requirement that the contractor must 
specifically address all engineering concerns identi-
fied in the technical reviews, before any funds may 
be obligated. 
(2) RESPONSIBILITY FOR TECHNICAL REQUIRE-
MENTS.—A requirement that the Secretary shall 
maintain the authority to establish, approve, and 
maintain technical requirements. 
(3) COST ESTIMATE OF MAJOR CHANGES.—A 
requirement that an independent cost estimate must 
be prepared and approved by the Secretary before 
the execution of any change order costing more than 
5 percent of the unit cost approved in the Deepwater 
Program baseline in effect as of May 2007. 
(4) PERFORMANCE MEASUREMENT.—A require-
ment that any measurement of contractor and sub-
contractor performance must be based on the status 
of all work performed, including the extent to which 
the work performed met all cost, schedule, and mis-
sion performance requirements outlined in the Deep-
water Program contract.
283 
(5) EARLY
OPERATIONAL
ASSESSMENT.—For 
the acquisition of any cutter class for which an 
Early Operational Assessment has not been devel-
oped— 
(A) a requirement that the Secretary of 
the Department in which the Coast Guard is 
operating shall cause an Early Operational As-
sessment to be conducted by the Department of 
the Navy after the development of the prelimi-
nary design of the cutter and before the con-
duct of the critical design review of the cutter; 
and 
(B) a requirement that the Coast Guard 
shall develop a plan to address the findings pre-
sented in the Early Operational Assessment. 
(6) 
TRANSIENT
ELECTROMAGNETIC
PULSE 
EMANATION.—For the acquisition or upgrade of air, 
surface, or shore assets for which compliance with 
transient electromagnetic pulse emanation (TEM-
PEST) is a requirement, a provision specifying that 
the standard for determining such compliance shall 
be the air, surface, or shore asset standard then 
used by the Department of the Navy. 
(7) OFFSHORE PATROL CUTTER UNDERWAY RE-
QUIREMENT.—For any contract issued to acquire an
284 
Offshore Patrol Cutter, provisions specifying the 
service life, fatigue life, days underway in general 
Atlantic and North Pacific Sea conditions, maximum 
range, and maximum speed the cutter shall be built 
to achieve. 
(8) INSPECTOR GENERAL ACCESS.—A require-
ment that the Department of Homeland Security’s 
Office of the Inspector General shall have access to 
all records maintained by all contractors working on 
the Deepwater Program, and shall have the right to 
privately interview any contractor personnel. 
(d) LIFE CYCLE COST ESTIMATE.— 
(1) IN GENERAL.—The Secretary shall develop 
an authoritative life cycle cost estimate for the 
Deepwater Program. 
(2) CONTENTS.—The life cycle cost estimate 
shall include asset acquisition and logistics support 
decisions and planned operational tempo and loca-
tions as of the date of enactment of this Act. 
(3) SUBMITTAL.—The Secretary shall— 
(A) submit the life cycle cost estimate to 
the Committee on Transportation and Infra-
structure and the Committee on Homeland Se-
curity of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
285 
portation of the Senate within 4 months after 
the date of enactment of this Act; and 
(B) submit updates of the life cycle cost 
estimate to such Committees annually. 
(e) CONTRACT OFFICERS.—The Secretary shall as-
sign a separate contract officer for each class of cutter 
and aircraft acquired or rehabilitated under the Deep-
water Program, including the National Security Cutter, 
the Offshore Patrol Cutter, the Fast Response Cutter A, 
the Fast Response Cutter B, maritime patrol aircraft, the 
aircraft HC–130J, the helicopter HH–65, the helicopter 
HH–60, and the vertical unmanned aerial vehicle. 
(f) TECHNOLOGY RISK REPORT.—The Secretary 
shall submit to the Committee on Transportation and In-
frastructure and the Committee on Homeland Security of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
identifying the technology risks and level of maturity for 
major technologies used on each class of asset acquisitions 
under the Deepwater Program, including the Fast Re-
sponse Cutter A (FRC–A), the Fast Response Cutter B 
(FRC–B), the Offshore Patrol Cutter (OPC), and the 
Vertical Unmanned Aerial Vehicle (VUAV), not later than 
90 days before the date of award of a contract for such 
an acquisition.
286 
(g) SUBMISSION
OF ASSESSMENT RESULTS
AND 
PLANS TO CONGRESS.—The Commandant of the Coast 
Guard shall submit to the Committee on Transportation 
and Infrastructure and the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Sen-
ate— 
(1) the results of each Early Operational As-
sessment conducted pursuant to subsection (c)(5)(A) 
and the plan approved by the Commandant pursuant 
to subsection (c)(5)(B) for addressing the findings 
of such assessment, within 30 days after the Com-
mandant approves the plan; and 
(2) a report describing how the recommenda-
tions of each Early Operational Assessment con-
ducted pursuant to subsection (c)(5)(A) on the first 
in class of a new cutter class have been addressed 
in the design on which construction is to begin, with-
in 30 days before initiation of construction. 
SEC. 803. CHIEF ACQUISITION OFFICER. 
(a) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is further amended by adding at the end the 
following:
287 
‘‘§ 56. Chief Acquisition Officer 
‘‘(a) ESTABLISHMENT OF AGENCY CHIEF ACQUISI-
TION OFFICER.—The Commandant shall appoint or des-
ignate a career reserved employee as Chief Acquisition Of-
ficer for the Coast Guard, who shall— 
‘‘(1) have acquisition management as that offi-
cial’s primary duty; and 
‘‘(2) report directly to the Commandant to ad-
vise and assist the Commandant to ensure that the 
mission of the Coast Guard is achieved through the 
management of the Coast Guard’s acquisition activi-
ties. 
‘‘(b) AUTHORITY AND FUNCTIONS OF THE CHIEF 
ACQUISITION OFFICER.—The functions of the Chief Ac-
quisition Officer shall include— 
‘‘(1) monitoring the performance of acquisition 
activities and acquisition programs of the Coast 
Guard, evaluating the performance of those pro-
grams on the basis of applicable performance meas-
urements, and advising the Commandant regarding 
the appropriate business strategy to achieve the mis-
sion 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
288 
Guard receives a sufficient number of sealed bids or 
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) ensuring the use of detailed performance 
specifications in instances in which performance- 
based contracting is used; 
‘‘(4) making acquisition decisions consistent 
with all applicable laws and establishing clear lines 
of authority, accountability, and responsibility for 
acquisition decisionmaking within the Coast Guard; 
‘‘(5) 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; 
‘‘(6) developing and maintaining an acquisition 
career management program in the Coast Guard to 
ensure that there is an adequate professional work-
force; and 
‘‘(7) 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, 
and 9703 of title 31—
289 
‘‘(A) assessing the requirements estab-
lished for Coast Guard personnel regarding 
knowledge and skill in acquisition resources 
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 on the 
progress made in improving acquisition man-
agement capability.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following: 
‘‘56. Chief Acquisition Officer.’’. 
(c) 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 Commandant of 
the Coast Guard shall establish special rate supple-
ments that provide higher pay levels for employees
290 
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. 804. TESTING AND CERTIFICATION. 
(a) IN GENERAL.—The Secretary shall— 
(1) cause each cutter, other than a National Se-
curity Cutter, acquired by the Coast Guard and de-
livered after the date of enactment of this Act to be 
classed by the American Bureau of Shipping, before 
acceptance of delivery; 
(2) cause the design and construction of each 
National Security Cutter, other than National Secu-
rity Cutter 1 and 2, to be certified by an inde-
pendent third party with expertise in vessel design 
and construction certification to be able to meet a 
185-underway-day requirement under general Atlan-
tic and North Pacific sea conditions for a period of 
at least 30 years; 
(3) cause all electronics on all aircraft, surface, 
and shore assets that require TEMPEST certifi-
cation and that are delivered after the date of enact-
ment of this Act to be tested and certified in accord-
ance with TEMPEST standards and communica-
291 
tions security (COMSEC) standards by an inde-
pendent third party that is authorized by the Fed-
eral Government to perform such testing and certifi-
cation; and 
(4) cause all aircraft and aircraft engines ac-
quired by the Coast Guard and delivered after the 
date of enactment of this Act to be certified for air-
worthiness by an independent third party with ex-
pertise in aircraft and aircraft engine certification, 
before acceptance of delivery. 
(b) FIRST IN CLASS OF A MAJOR ASSET ACQUISI-
TION.—The Secretary shall cause the first in class of a 
major asset acquisition of a cutter or an aircraft to be 
subjected to an assessment of operational capability con-
ducted by the Secretary of the Navy. 
(c) FINAL ARBITER.—The Secretary shall be the 
final arbiter of all technical disputes regarding designs 
and acquisitions of vessels and aircraft for the Coast 
Guard. 
SEC. 805. NATIONAL SECURITY CUTTERS. 
(a) NATIONAL SECURITY CUTTERS 1 AND 2.— 
(1) REPORT
ON
OPTIONS
UNDER
CONSIDER-
ATION.—The Secretary shall submit to the Com-
mittee on Transportation and Infrastructure and the 
Committee on Homeland Security of the House of
292 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate— 
(A) within 120 days after the date of en-
actment of this Act, a report describing in de-
tail the cost increases that have been experi-
enced on National Security Cutters 1 and 2 
since the date of the issuance of the task orders 
for construction of those cutters and explaining 
the causes of these cost increases; and 
(B) within 180 days after the date of en-
actment of this Act, a report on the options 
that the Coast Guard is considering to 
strengthen the hulls of National Security Cutter 
1 and National Security Cutter 2, including— 
(i) the costs of each of the options 
under consideration; 
(ii) a schedule for when the hull 
strengthening repairs are anticipated to be 
performed; and 
(iii) the impact that the weight likely 
to be added to each the cutter by each op-
tion will have on the cutter’s ability to 
meet both the original performance re-
quirements included in the Deepwater Pro-
gram contract and the performance re-