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(D) by redesignating subparagraphs (A) 
and (B) as paragraphs (1) and (2). 
SEC. 719. SEAMEN’S SHORESIDE ACCESS. 
Each facility security plan approved under section 
70103(c) of title 46, United States Code, shall provide a 
system for seamen assigned to a vessel at that facility, 
pilots, and representatives of seamen’s welfare and labor 
organizations to board and depart the vessel through the 
facility in a timely manner at no cost to the individual. 
SEC. 720. WATERSIDE SECURITY AROUND LIQUEFIED NAT-
URAL GAS TERMINALS AND LIQUEFIED NAT-
URAL GAS TANKERS. 
(a) ENFORCEMENT
OF
SECURITY
ZONES.—Con-
sistent with other provisions of law, any security zone es-
tablished by the Coast Guard around a tanker containing 
liquified natural gas shall be enforced by the Coast Guard. 
If the Coast Guard must enforce multiple simultaneous 
security zones, the Coast Guard shall allocate resources 
so as to deter to the maximum extent practicable a trans-
portation security incident (as that term is defined in 
sectin 70101 of title 46, United States Code). 
(b) LIMITATION ON RELIANCE ON STATE AND LOCAL 
GOVERNMENT.—Any security arrangement approved as 
part of a facility security plan approved after the date of 
enactment of this Act under section 70103 of title 46, 
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United States Code, for a liquefied natural gas terminal 
on or adjacent to the navigable waters of the United 
States, or to assist in the enforcement of any security zone 
established by the Coast Guard around a tanker con-
taining liquefied natural gas, may not be based upon the 
provision of security by a State or local government unless 
the State or local government has entered into a contract, 
cooperative agreement, or other arrangement with the ter-
minal operator to provide such services and the Secretary 
of the department in which the Coast Guard is operating, 
acting through the Commandant of the Coast Guard, en-
sures that the waterborne patrols operated as part of that 
security arrangement by a State or local government have 
the training, resources, personnel, equipment, and experi-
ence necessary to deter to the maximum extent practicable 
a transportation security incident (as that term is defined 
in section 70101 of title 46, United States Code). 
(c) DETERMINATION REQUIRED FOR NEW LNG TER-
MINALS.—The Secretary of the department in which the 
Coast Guard is operating, acting through the Com-
mandant of the Coast Guard, may not approve a facility 
security plan under section 70103 of title 46, United 
States Code, for a new liquefied natural gas terminal the 
construction of which is begun after the date of enactment 
of this Act unless the Secretary determines that the Coast 
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Guard has available to the sector in which the terminal 
is located the resources, including State and local govern-
ment resources available in accordance with subsection 
(b), it needs to carry out the navigation and maritime se-
curity risk management measures identified in the water-
way suitability report prepared pursuant to the Ports and 
Waterways Safety Act. 
SEC. 721. REVIEW OF LIQUEFIED NATURAL GAS FACILI-
TIES. 
(a) NOTICE OF DETERMINATION.—Consistent with 
other provisions of law, the Secretary of Homeland Secu-
rity must notify the Federal Energy Regulatory Commis-
sion when a determination is made that the waterway to 
a proposed waterside liquefied natural gas facility is suit-
able or unsuitable for the marine traffic associated with 
such facility. 
(b) FEDERAL ENERGY REGULATORY COMMISSION 
RESPONSE.—The Federal Energy Regulatory Commission 
shall respond to the Secretary’s determination under sub-
section (a) by informing the Secretary within 90 days of 
notification or at the conclusion of any available appeal 
process, whichever is later, of what action the Commission 
has taken, pursuant to its authorities under the Natural 
Gas Act, regarding a proposal to construct and operate 
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a waterside liquefied natural gas facility subject to a deter-
mination made under subsection (a). 
SEC. 722. USE OF SECONDARY AUTHENTICATION FOR 
TRANSPORTATION SECURITY CARDS. 
The Secretary of Homeland Security may use a sec-
ondary authentication system for individuals applying for 
transportation security cards when fingerprints are not 
able to be taken or read to enhance transportation secu-
rity. 
SEC. 723. REPORT ON STATE AND LOCAL LAW ENFORCE-
MENT AUGMENTATION OF COAST GUARD RE-
SOURCES 
WITH 
RESPECT 
TO 
SECURITY 
ZONES AND UNITED STATES PORTS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit to the Committees 
on Transportation and Infrastructure and Homeland Se-
curity of the House of Representatives and the Commit-
tees on Commerce, Science, and Transportation and 
Homeland Security and Governmental Affairs of the Sen-
ate a report on the extent to which State and local law 
enforcement entities are augmenting Coast Guard re-
sources by enforcing Coast Guard-imposed security zones 
around vessels transiting to, through, or from United 
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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 
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(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 
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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; 
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(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-
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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-
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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 
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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: 
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(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. 
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(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 
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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-
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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. 
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(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: 
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‘‘§ 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 
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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— 
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‘‘(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 
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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-
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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 
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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-
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quirements created by contract Amend-
ment Modification 00042 dated February 
7, 2007. 
(2) DESIGN ASSESSMENT.—Not later than 30 
days before the Coast Guard signs any contract, de-
livery 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 identi-
fied in the Department of Homeland Security In-
spector General’s report OIG–07–23 dated January 
2007, the Secretary shall submit to the Committee 
on Transportation and Infrastructure and the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate all results 
of an assessment of the proposed hull strengthening 
design conducted by the Naval Surface Warfare 
Center, Carderock Division, including a description 
in detail of the extent to which the hull strength-
ening measures to be implemented on those cutters 
will enable the cutters to meet a 185-underway-day 
requirement under general Atlantic and North Pa-
cific sea conditions for a period of at least 30 years. 
(b) NATIONAL SECURITY CUTTERS 3 THROUGH 8.— 
Not later than 30 days before the Coast Guard signs any 
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contract, delivery order, or task order authorizing con-
struction of National Security Cutters 3 through 8, the 
Secretary shall submit to the Committee on Transpor-
tation and Infrastructure and the Committee on Home-
land Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate all results of an assessment of the proposed 
designs to resolve the structural design, safety, and per-
formance issues identified by the Department of Home-
land Security Office of Inspector General report OIG–07– 
23 for the hulls of those cutters conducted by the Naval 
Surface Warfare Center, Carderock Division, including a 
description in detail of the extent to which such designs 
will enable the cutters to meet a 185-underway-day re-
quirement under general Atlantic and North Pacific sea 
conditions. 
SEC. 806. MISCELLANEOUS REPORTS. 
(a) IN GENERAL.—The Secretary shall submit the 
following reports to the Committee on Transportation and 
Infrastructure and the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate: 
(1) Within 4 months after the date of enact-
ment of this Act, a justification for why 8 National 
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Security Cutters are required to meet the oper-
ational needs of the Coast Guard, including— 
(A) how many days per year each National 
Security Cutter will be underway at sea; 
(B) where each National Security Cutter 
will be home ported; 
(C) the amount of funding that will be re-
quired to establish home port operations for 
each National Security Cutter; 
(D) the extent to which 8 National Secu-
rity Cutters deployed without vertical un-
manned aerial vehicles (VUAV) will meet or ex-
ceed the mission capability (including surveil-
lance capacity) of the 12 Hamilton-class high 
endurance cutters that the National Security 
Cutters will replace; 
(E) the business case in support of con-
structing National Security Cutters 3 through 
8, including a cost-benefit analysis; and 
(F) an analysis of how many Offshore Pa-
trol Cutters would be required to provide the 
patrol coverage provided by a National Security 
Cutter. 
(2) Within 4 months after the date of enact-
ment of this Act, a report on— 
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(A) the impact that deployment of a Na-
tional Security Cutter and other cutter assets 
without the vertical unmanned aerial vehicle 
(VUAV) will have on the amount of patrol cov-
erage that will be able to be provided during 
missions conducted by the National Security 
Cutter and all other cutters planned to be 
equipped with a VUAV; 
(B) how the coverage gap will be made up; 
(C) an update on the current status of the 
development of the VUAV; and 
(D) the timeline detailing the major mile-
stones to be achieved during development of the 
VUAV and identifying the delivery date for the 
first and last VUAV. 
(3) Within 30 days after the elevation to flag- 
level for resolution of any design or other dispute re-
garding the Deepwater Program contract or an item 
to be procured under that contract, including a de-
tailed description of the issue and the rationale un-
derlying the decision taken by the flag officer to re-
solve the issue. 
(4) Within 4 months after the date of enact-
ment of this Act, a report detailing the total number 
of change orders that have been created by the 
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Coast Guard under the Deepwater Program before 
the date of enactment of this Act, the total cost of 
these change orders, and their impact on the Deep-
water Program schedule. 
(5) Within 180 days after the date of enact-
ment of this Act, a report detailing the technology 
risks and level of maturity for major technologies 
used on maritime patrol aircraft, the HC–130J, and 
the National Security Cutter. 
(6) Not less than 60 days before signing a con-
tract to acquire any vessel or aircraft, a report com-
paring the cost of purchasing that vessel or aircraft 
directly from the manufacturer or shipyard with the 
cost of procuring it through the Integrated Coast 
Guard System. 
(7) Within 30 days after the Program Execu-
tive Officer of the Deepwater Program becomes 
aware of a likely cost overrun exceeding 5 percent of 
the overall asset acquisition contract cost or schedule 
delay exceeding 5 percent of the estimated asset con-
struction period under the Deepwater Program, a 
report by the Commandant containing a description 
of the cost overrun or delay, an explanation of the 
overrun or delay, a description of Coast Guard’s re-
sponse, and a description of significant delays in the 
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procurement schedule likely to be caused by the 
overrun or delay. 
(8) Within 90 days after the date of enactment 
of this Act, articulation of a doctrine and description 
of an anticipated implementation of a plan for man-
agement of acquisitions programs, financial manage-
ment (including earned value management and cost 
estimating), engineering and logistics management, 
and contract management, that includes— 
(A) a description of how the Coast Guard 
will cultivate among uniformed personnel exper-
tise in acquisitions management and financial 
management; 
(B) a description of the processes that will 
be followed to draft and ensure technical review 
of procurement packages, including statements 
of work, for any class of assets acquired by the 
Coast Guard; 
(C) a description of how the Coast Guard 
will conduct an independent cost estimating 
process, including independently developing cost 
estimates for major change orders; and 
(D) a description of how Coast Guard will 
strengthen the management of change orders. 
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(9) Within 4 months after the date of enact-
ment of this Act, a report on the development of a 
new acquisitions office within the Coast Guard de-
scribing the specific staffing structure for that direc-
torate, including— 
(A) identification of all managerial posi-
tions proposed as part of the office, the func-
tions that each managerial position will fill, and 
the number of employees each manager will su-
pervise; and 
(B) a formal organizational chart and 
identification of when managerial positions are 
to be filled. 
(10) Ninety days prior to the issuance of a Re-
quest for Proposals for construction of an Offshore 
Patrol Cutter, a report detailing the service life, fa-
tigue life, maximum range, maximum speed, and 
number of days underway under general Atlantic 
and North Pacific Sea conditions the cutter shall be 
built to achieve. 
(11) The Secretary shall report annually on the 
percentage of the total amount of funds expended on 
procurements under the Deepwater Program that 
has been paid to each of small businesses and minor-
ity-owned businesses. 
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(12) Within 120 days after the date of enact-
ment of this Act, a report on any Coast Guard mis-
sion performance gap due to the removal of Deep-
water Program assets from service. The report shall 
include the following: 
(A) A description of the mission perform-
ance gap detailing the geographic regions and 
Coast Guard capabilities affected. 
(B) An analysis of factors affecting the 
mission performance gap that are unrelated to 
the Deepwater Program, including deployment 
of Coast Guard assets overseas and continuous 
vessel shortages. 
(C) A description of measures being taken 
in the near term to fill the mission performance 
gap, including what those measures are and 
when they will be implemented. 
(D) A description of measures being taken 
in the long term to fill the mission performance 
gap, including what those measures are and 
when they will be implemented. 
(E) A description of the potential alter-
natives to fill the mission performance gap, in-
cluding any acquisition or lease considered and 
the reasons they were not pursued. 
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(b) REPORT REQUIRED ON ACCEPTANCE OF DELIV-
ERY OF INCOMPLETE ASSET.— 
(1) IN GENERAL.—If the Secretary accepts de-
livery of an asset after the date of enactment of this 
Act for which a contractually required certification 
cannot be achieved within 30 days after the date of 
delivery or with any system that is not fully func-
tional for the mission for which it was intended, the 
Secretary shall submit to the Committee on Trans-
portation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the United States Senate within 
30 days after accepting delivery of the asset a report 
explaining why acceptance of the asset in such a 
condition is in the best interests of the United 
States Government. 
(2) CONTENTS.—The report shall— 
(A) specify the systems that are not able 
to achieve contractually required certifications 
within 30 days after the date of delivery and 
the systems that are not fully functional at the 
time of delivery for the missions for which they 
were intended; 
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(B) identify milestones for the completion 
of required certifications and to make all sys-
tems fully functional; and 
(C) identify when the milestones will be 
completed, who will complete them, and the cost 
to complete them. 
SEC. 807. USE OF THE NAVAL SEA SYSTEMS COMMAND, THE 
NAVAL AIR SYSTEMS COMMAND, AND THE 
SPACE AND NAVAL WARFARE SYSTEMS COM-
MAND TO ASSIST THE COAST GUARD IN EX-
ERCISING TECHNICAL AUTHORITY FOR THE 
DEEPWATER PROGRAM AND OTHER COAST 
GUARD ACQUISITION PROGRAMS. 
(a) FINDINGS.—Congress finds that the Coast 
Guard’s use of the technical, contractual, and program 
management oversight expertise of the Department of the 
Navy in ship and aircraft production complements and 
augments the Coast Guard’s organic expertise as it pro-
cures assets for the Deepwater Program. 
(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 provide for the use of the Navy Systems Com-
mands to assist the Coast Guard with the oversight of 
Coast Guard major acquisition programs. Such memo-
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randum 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 Engineer and 
the Coast Guard Chief Information Officer, as Coast 
Guard Technical Authorities, 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 Navy 
Systems Commands to facilitate the development of 
organic capabilities in the Coast Guard. 
(c) TECHNICAL AUTHORITIES.—The Coast Guard 
Chief Engineer, Chief Information Officer, and Chief Ac-
quisition Officer shall adopt, to the extent practicable, pro-
cedures that are similar to those used by the Navy Senior 
Acquisition Official to ensure the Coast Guard Technical 
Authorities, or designated Technical Warrant Holders, ap-
prove all technical requirements. 
(d) COORDINATION.—The Secretary, acting through 
the Commandant of the Coast Guard, may coordinate with 
the Secretary of the Navy, acting through the Chief of 
Naval Operations, to develop processes by which the as-
sistance will be requested from the Navy Systems Com-
mands and provided to the Coast Guard. 
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(e) REPORT.—Not later than 120 days after the date 
of enactment of this Act and every twelve months there-
after, the Commandant of the Coast Guard shall report 
to the Committee on Transportation and Infrastructure 
and the Committee on Homeland Security of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the activities 
undertaken pursuant to such memorandum of under-
standing or memorandum of agreement. 
SEC. 808. DEFINITIONS. 
In this title: 
(1) DEEPWATER PROGRAM.—The term ‘‘Deep-
water Program’’ means the Integrated Deepwater 
Systems Program described by the Coast Guard in 
its report to Congress entitled ‘‘Revised Deepwater 
Implementation Plan 2005’’, dated March 25, 2005. 
The Deepwater Program primarily involves the pro-
curement of cutter and aviation assets that operate 
more than 50 miles offshore. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the department in which the Coast 
Guard is operating. 
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TITLE IX—MINORITY SERVING 
INSTITUTIONS 
SEC. 901. MSI MANAGEMENT INTERNSHIP PROGRAM. 
(a) ESTABLISHMENT
AND PURPOSE.—The Com-
mandant of the Coast Guard shall establish a two part 
management internship program for students at minority 
serving institutions (MSI) to intern at Coast Guard head-
quarters or a Coast Guard regional office, to be known 
as the ‘‘MSI Management Internship Program’’, to de-
velop a cadre of civilian, career mid-level and senior man-
agers for the Coast Guard. 
(b) OPERATION.—The MSI Management Internship 
Program shall be managed by the Secretary of Homeland 
Security, acting through the Commandant of the Coast 
Guard, in coordination with National Association for 
Equal Opportunity in Higher Education, the Hispanic As-
sociation of Colleges and Universities, and the American 
Indian Higher Education Consortium. 
(c) CRITERIA FOR SELECTION.—Participation in the 
MSI Management Internship Program shall be open to 
sophomores, juniors, and seniors at minority serving insti-
tutions, with an emphasis on such students who are major-
ing in management or business administration, inter-
national affairs, political science, marine sciences, criminal 
justice, or any other major related to homeland security. 
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(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $2,000,000 to the Com-
mandant to carry out this section. 
SEC. 902. MSI INITIATIVES. 
(a) ESTABLISHMENT OF MSI STUDENT PRE-COM-
MISSIONING INITIATIVE.—The Commandant of the Coast 
Guard shall establish an MSI component of the College 
Student Pre-Commissioning Initiative (to be known as the 
‘‘MSI Student Pre-Commissioning Initiative Program’’) to 
ensure greater participation by students from MSIs in the 
College Student Pre-Commissioning Initiative. 
(b) 
PARTICIPATION
IN
OFFICER
CANDIDATE 
SCHOOL.—The Commandant of the Coast Guard shall en-
sure that graduates of the MSI Student Pre-Commis-
sioning Initiative Program are included in the first enroll-
ment for Officer Candidate School that commences after 
the date of enactment of this title and each enrollment 
period thereafter. 
(c) REPORTS.—Not later than 90 days after the con-
clusion of each academic year with respect to which the 
College Student Pre-Commissioning Initiative and the 
MSI Student Pre-Commissioning Initiative Program is 
carried out beginning with the first full academic year 
after the date of the enactment of this title, the Com-
mandant shall submit to the Committee on Transportation 
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and Infrastructure and the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Commerce of the Senate a report on the number of 
students in the College Student Pre-Commissioning Initia-
tive and the number of students in the MSI Student Pre- 
Commissioning Initiative Program, outreach efforts, and 
demographic information of enrollees including, age, gen-
der, race, and disability. 
(d) ESTABLISHMENT
OF MSI AVIATION OFFICER 
CORPS INITIATIVE.—The Commandant of the Coast 
Guard shall establish an MSI Aviation Officer Corps Ini-
tiative to increase the diversity of the Coast Guard Avia-
tion Officer Corps through an integrated recruiting, acces-
sion, training, and assignment process that offers guaran-
teed flight school opportunities to students from minority 
serving institutions. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $3,000,000 to the Com-
mandant to carry out this section. 
SEC. 903. COAST GUARD-MSI COOPERATIVE TECHNOLOGY 
PROGRAM. 
(a) ESTABLISHMENT.—The Commandant of the 
Coast Guard shall establish a Coast Guard Laboratory of 
Excellence-MSI Cooperative Technology Program at three 
minority serving institutions to focus on priority security 
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areas for the Coast Guard, such as global maritime sur-
veillance, resilience, and recovery. 
(b) COLLABORATION.—The Commandant shall en-
courage collaboration among the minority serving institu-
tions selected under subsection (a) and institutions of 
higher education with institutional research and academic 
program resources and experience. 
(c) PARTNERSHIPS.—The heads of the laboratories 
established at the minority serving institutions pursuant 
to subsection (a) may seek to establish partnerships with 
the private sector, especially small, disadvantaged busi-
nesses, to— 
(1) develop increased research and development 
capacity; 
(2) increase the number of baccalaureate and 
graduate degree holders in science, technology, engi-
neering, mathematics (STEM), and information 
technology or other fields critical to the mission of 
the Coast Guard; and 
(3) strengthen instructional ability among fac-
ulty. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $2,500,000 to the Com-
mandant to carry out this section, including for instru-
mentation acquisition and funding undergraduate student 
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scholarships, graduate fellowships, and faculty-post doc-
toral study. 
SEC. 904. DEFINITION. 
For purposes of this title, the terms ‘‘minority serv-
ing institution’’, ‘‘minority serving institutions’’, and 
‘‘MSI’’ mean a historically Black college or university (as 
defined in section 322 of the Higher Education Act of 
1965), a Hispanic-serving institution (as defined in sec-
tion 502 of such Act), a Tribal College or University (as 
defined in section 316 of such Act), a Predominantly 
Black institution (as defined in section 499A(c) of such 
Act), or a Native American-serving nontribal institution 
(as defined in section 499A(c) of such Act). 
TITLE 
X—APPEALS 
TO 
NA-
TIONAL 
TRANSPORTATION 
SAFETY BOARD 
SEC. 1001. RIGHTS OF APPEAL REGARDING LICENSES, CER-
TIFICATES OF REGISTRY, AND MERCHANT 
MARINERS’ DOCUMENTS. 
(a) DENIAL OF ISSUANCE OR RENEWAL.— 
(1) LICENSES
AND
CERTIFICATES
OF
REG-
ISTRY.—Section 7101 of title 46, United States 
Code, is amended by adding at the end the following 
new subsection: 
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‘‘(j) APPEALS TO THE NATIONAL TRANSPORTATION 
SAFETY BOARD.— 
‘‘(1) IN GENERAL.—An individual whose appli-
cation for the issuance or renewal of a license or cer-
tificate of registry has been denied under this chap-
ter by the Secretary may appeal that decision to the 
National Transportation Safety Board, unless the 
individual holds a license or certificate that— 
‘‘(A) is suspended at the time of the de-
nial; or 
‘‘(B) was revoked within the one-year pe-
riod ending on the date of the denial. 
‘‘(2) PROCEDURE.—The Board shall conduct a 
hearing on the appeal. The Board is not bound by 
findings of fact of the Secretary but is bound by all 
validly adopted interpretations of laws and regula-
tions the Secretary carries out unless the Board 
finds an interpretation is arbitrary, capricious, or 
otherwise not according to law. At the end of the 
hearing, the Board shall decide whether the indi-
vidual meets the requirements for issuance or re-
newal of the license or certificate of registry under 
applicable regulations and standards. The Secretary 
is bound by the Board’s decision.’’. 
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(2) MERCHANT MARINERS’ DOCUMENTS.—Sec-
tion 7302 of title 46, United States Code, is amend-
ed by adding at the end the following new sub-
section: 
‘‘(h) APPEALS TO THE NATIONAL TRANSPORTATION 
SAFETY BOARD.— 
‘‘(1) IN GENERAL.—An individual whose appli-
cation for the issuance or renewal of a merchant 
mariners’ document has been denied under this 
chapter by the Secretary may appeal that decision to 
the National Transportation Safety Board, unless 
the individual holds a merchant mariners’ document 
that— 
‘‘(A) is suspended at the time of the de-
nial; or 
‘‘(B) was revoked within the one-year pe-
riod ending on the date of denial. 
‘‘(2) PROCEDURE.—The Board shall conduct a 
hearing on the appeal. The Board is not bound by 
findings of fact of the Secretary but is bound by all 
validly adopted interpretations of laws and regula-
tions the Secretary carries out unless the Board 
finds an interpretation is arbitrary, capricious, or 
otherwise not according to law. At the end of the 
hearing, the Board shall decide whether the indi-
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