666 
scribed in subsection (a), the Secretary of 
Homeland Security shall conduct a com-
prehensive homeland security impact review of 
the proposed construction, expansion, or oper-
ation, including proposed shipping routes to 
or from the facility. 
(c) FACTORS TO BE CONSIDERED.—In con-
ducting the review under subsection (b), the 
Secretary of Homeland Security shall con-
sider— 
(1) the potential for muliple, simulta-
neous, coordinated attacks on facilities; 
(2) the potential for assistance in an 
attack from several persons employed at 
the facility; 
(3) the potential for suicide attacks; 
(4) water-based and air-based threats; 
(5) the potential use of explosive de-
vices of considerable size and other mod-
ern weaponry; 
(6) the potential for attacks by persons 
with a sophisticated knowledge of facility 
operations; 
(7) the threat of fires and large explo-
sions; and 
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(8) special threats and vulnerabilities 
affecting facilities located in or within 2 
miles of a densely populated urban area. 
(d) APPROVAL.—Upon completion of a re-
view under subsection (b), if the Secretary of 
Homeland Security determines that the pro-
posed construction, expansion, or operation of 
the facility does not pose a substantial risk to 
life and property, the Secretary in coordina-
tion with appropriate Federal agencies with 
regulatory responsibility over liquefied nat-
ural gas facilities shall approve the proposed 
construction, expansion, or operation. Except 
as provided in subsection (a), approval under 
this subsection shall not affect any other re-
quirement under law to obtain a license, ap-
proval, or other authorization for the con-
struction, expansion, or operation of an off-
shore or waterfront facility for the transfer of 
liquefied natural gas from ships to land or 
from land to ships. 
(e) RESULTS OF REVIEW.—The Secretary of 
Homeland Security shall provide the results of 
a review conducted under subsection (b)— 
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(1) to the Committee on Homeland Se-
curity of the House of Representatives, the 
Committee on Commerce, Science, and 
Transportation of the Senate, and the 
Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(2) to each Federal agency responsible 
for licensing, approval, or other author-
ization for the construction, expansion, or 
operation; and 
(3) to the extent consistent with the 
protection of homeland security, to af-
fected State and local officials and the 
public. 
SEC. 709. MARITIME BIOMETRIC IDENTIFICATION. 
(a) IN GENERAL.—The Secretary of Home-
land Security, through the Commandant of the 
Coast Guard, may conduct, in the maritime en-
vironment, a pilot program for the mobile bio-
metric identification of suspected individuals, 
including terrorists, to enhance border secu-
rity and for other purposes. 
(b) REQUIREMENTS.—The Secretary shall 
ensure that the pilot program is coordinated 
with other biometric identification programs 
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within the Department of Homeland Security 
and shall evaluate the costs and feasibility of 
expanding the capability to all Coast Guard 
cutters, stations and deployable maritime 
teams, and other appropriate Department of 
Homeland Security maritime vessels and 
units. 
(c) DEFINITION.—For purposes of this sec-
tion, 
the 
term 
‘‘biometric 
identification’’ 
means use of fingerprint and digital photog-
raphy images. 
(d) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized such sums as appro-
priate to carry out this section. 
SEC. 710. REVIEW OF POTENTIAL THREATS. 
Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Home-
land Security shall submit to Congress a re-
port analyzing the threat, vulnerability, and 
consequence of a terrorist attack on gasoline 
and chemical cargo shipments in port activity 
areas in the United States. 
SEC. 711. PORT SECURITY PILOT. 
The Secretary of Homeland Security shall 
establish a pilot program to test and deploy 
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preventive 
radiological/nuclear 
detection 
equipment on Coast Guard vessels and other 
locations in select port regions to enhance bor-
der security and for other purposes. The pilot 
program shall leverage existing Federal grant 
funding to support this program and the pro-
curement of additional equipment. 
SEC. 712. ADVANCE NOTICE OF PORT ARRIVAL OF SIGNIFI-
CANT OR FATAL INCIDENTS INVOLVING U.S. 
PERSONS. 
(a) REQUIREMENT.—The Secretary of Home-
land Security shall require the owner or oper-
ator of a cruise ship that embarks or dis-
embarks passengers in a United States port to 
notify the Secretary of any covered security in-
cident that occurs on the cruise ship in the 
course of the voyage (or voyage segment) in 
which a U.S. person is involved, in conjunction 
with any advance notice of arrival to a United 
States port required by part 160 of title 33, 
Code of Federal Regulations. 
(b) DEFINITIONS.—For the purposes of this 
section: 
(1) COVERED SECURITY INCIDENT.—The 
term ‘‘covered security incident’’ means 
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any act or omission that results in death, 
serious bodily injury, sexual assault, or a 
missing person, or poses a significant 
threat to the cruise ship, any cruise ship 
passenger, any port facility, or any person 
in or near the port. 
(2) CRUISE
SHIP.—The term ‘‘cruise 
ship’’ means a vessel on an international 
voyage that embarks or disembarks pas-
sengers at a port of United States juris-
diction to which subpart C of part 160 of 
title 33, Code of Federal Regulations, ap-
plies and that provides overnight accom-
modations. 
(3) U.S. PERSON.—The term ‘‘U.S. per-
son’’ means a citizen of the United States 
and an alien lawfully admitted for per-
manent residence (as defined in section 
101(a)(20) of the Immigration and Nation-
ality Act (8 U.S.C. 1101 (a)(20)). 
(4) UNITED STATES.—The term ‘‘United 
States’’ means the 50 States, the District 
of Columbia, Puerto Rico, the Northern 
Mariana Islands, the United States Virgin 
Islands, Guam, American Samoa, and any 
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other territory or possession of the United 
States. 
(c) SAVINGS CLAUSE.—Nothing in this sec-
tion shall be interpreted to discourage imme-
diate notification to the Secretary of a covered 
security incident, nor shall this section pro-
hibit earlier notifications of covered security 
incidents otherwise required by law or regula-
tion. 
SEC. 713. SAFETY AND SECURITY ASSISTANCE FOR FOR-
EIGN PORTS. 
(a) IN
GENERAL.—Section 70110(e)(1) of 
title 46, United States Code, is amended by 
striking the second sentence and inserting the 
following: ‘‘The Secretary shall establish a 
strategic plan to utilize those assistance pro-
grams to assist ports and facilities that are 
found by the Secretary under subsection (a) 
not to maintain effective antiterrorism meas-
ures in the implementation of port security 
antiterrorism measures.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 70110 of title 46, United 
States Code, is amended— 
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(A) by inserting ‘‘OR
FACILITIES’’ 
after ‘‘PORTS’’ in the section heading; 
(B) by inserting ‘‘or facility’’ after 
‘‘port’’ each place it appears; and 
(C) by striking ‘‘PORTS’’ in the 
heading for subsection (e) and insert-
ing ‘‘PORTS, FACILITIES,’’. 
(2) The chapter analysis for chapter 
701 of title 46, United States Code, is 
amended by striking the item relating to 
section 70110 and inserting the following: 
‘‘70110. Actions and assistance for foreign ports or facilities and 
United States territories.’’. 
SEC. 714. SEASONAL WORKERS. 
(a) STUDY.—The Comptroller General of 
the United States shall conduct a study on the 
effects that the Transportation Worker Identi-
fication Card (in this section referred to as 
‘‘TWIC’’) required by section 70105 of title 46, 
United States Code, has on companies that em-
ploy seasonal employees. 
(b) REPORT.—Not later than one year after 
the date of the enactment of this Act, the 
Comptroller General shall submit a report to 
Congress on the results of the study, includ-
ing— 
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(1) costs associated in requiring sea-
sonal employees to obtain TWIC cards on 
companies 
(2) whether the Coast Guard and 
Transportation Security Administration 
are processing TWIC applications quickly 
enough for seasonal workers to obtain 
TWIC certification; 
(3) whether TWIC compliance costs or 
other factors have led to a reduction in 
service; 
(4) the impact of TWIC on the recruit-
ing and hiring of seasonal and other tem-
porary employees; and 
(5) an assessment of possible alter-
natives to TWIC certification that may be 
used for seasonal employees including any 
security vulnerabilities created by those 
alternatives. 
SEC. 715. COMPARATIVE RISK ASSESSMENT OF VESSEL- 
BASED AND FACILITY-BASED LIQUEFIED NAT-
URAL GAS REGASIFICATION PROCESSES. 
(a) IN GENERAL.—Within 90 days after the 
date of the enactment of this Act, the Com-
mandant of the Coast Guard shall enter into 
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an arrangement for the performance of an 
independent study to conduct a comparative 
risk assessment examining the relative safety 
and security risk associated with vessel-based 
and facility-based liquefied natural gas re-
gasification processes conducted within 3 
miles from land versus such processes con-
ducted more than 3 miles from land. 
(b) REPORT.—Not later than 1 year after 
the date of the enactment of this Act, the Com-
mandant shall provide a report on the find-
ings and conclusions of the study required by 
this section to the Committees on Homeland 
Security, Transportation and Infrastructure, 
and Energy and Commerce of the House of 
Representatives, and the Committees on Home-
land Security and Governmental Affairs and 
Commerce, Science, and Transportation of the 
Senate. 
SEC. 716. SAVINGS CLAUSE. 
Nothing in this Act shall be construed to 
diminish or affect the authority of the Sec-
retary of Homeland Security or the Com-
mandant of the Coast Guard pursuant to the 
Maritime Transportation Security Act of 2002 
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676 
(Public Law 107–295), the Ports and Water-
ways Safety Act (33 U.S.C. 1221 et seq.), the 
SAFE Port Act (Public Law 109–347), the 
Homeland Security Act of 2002, or the Imple-
menting Recommendations of the 9/11 Commis-
sion Act of 2007 (Public Law 110–53). 
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 INTEGRATED 
DEEPWATER ACQUISITION PROGRAM. 
(a) USE OF PRIVATE SECTOR ENTITY AS A 
LEAD SYSTEMS INTEGRATOR.— 
(1) IN GENERAL.—Except as otherwise 
provided 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 Deepwater 
Program beginning on the earlier of Octo-
ber 1, 2011, or the date on which the Sec-
retary certifies in writing to the Com-
mittee on Transportation and Infrastruc-
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677 
ture and the Committee on Homeland Se-
curity of the House of Representatives and 
the Committee 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 arrangement with other Federal agen-
cies, or through contracts or other ar-
rangements with private sector entities, to 
perform the functions and responsibilities 
of the lead system integrator in an effi-
cient and cost-effective manner. 
(2) COMPLETION OF EXISTING DELIVERY 
ORDERS AND TASK ORDERS.—The Secretary 
may use a private sector entity as a lead 
systems integrator to complete any deliv-
ery order or task order under the Deep-
water Program that was issued to the 
lead systems integrator on or before the 
date of enactment of this Act. 
(3) ASSISTANCE
OF
OTHER
FEDERAL 
AGENCIES.—In any case in which the Sec-
retary is the systems integrator under the 
Deepwater Program, the Secretary may 
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678 
obtain any type of assistance the Sec-
retary considers appropriate, with any 
systems integration functions, from any 
Federal agency with experience in systems 
integration involving maritime vessels 
and aircraft. 
(4) ASSISTANCE OF PRIVATE SECTOR EN-
TITIES.—In any case in which the Sec-
retary is the systems integrator under the 
Deepwater Program, the Secretary may, 
subject to the availability of appropria-
tions, obtain by grant, contract, or cooper-
ative agreement any type of assistance the 
Secretary considers appropriate, with any 
systems integration functions, from any 
private sector entity with experience in 
systems integration involving maritime 
vessels and aircraft. 
(b) COMPETITION.— 
(1) IN GENERAL.—Except as otherwise 
provided in this subsection, the Secretary 
shall use full and open competition for 
each class of asset acquisitions under the 
Deepwater Program for which an outside 
contractor is used, if the asset is procured 
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679 
directly by the Coast Guard or by the Inte-
grated Coast Guard System acting under 
a contract with the Coast Guard. 
(2) EXCEPTION.—The Secretary may 
use a procurement method that is less 
than full and open competition to procure 
an asset under the Deepwater 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 be-
fore the date of the award of a con-
tract for the procurement, the Sec-
retary submits to the Committee on 
Transportation 
and 
Infrastructure 
and the Committee on Homeland Se-
curity of the House of Representatives 
and the Committee on Commerce, 
Science, and Transportation of the 
Senate a report explaining why such 
procurement is in the best interests of 
the Federal Government. 
(3) LIMITATION ON APPLICATION.—Para-
graph (1) shall not apply to a contract, 
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subcontract, or task order that was issued 
before the date of enactment of this Act, if 
there is no change in the quantity of as-
sets or the specific type of assets procured. 
(c) REQUIRED CONTRACT TERMS.—The Sec-
retary shall include in each contract, sub-
contract, and task order issued under the 
Deepwater Program after the date of the en-
actment of this Act the following provisions, as 
applicable: 
(1) TECHNICAL
REVIEWS.—A require-
ment 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 identified in the technical re-
views, before any funds may be obligated. 
(2) RESPONSIBILITY FOR TECHNICAL RE-
QUIREMENTS.—A requirement that the Sec-
retary shall maintain the authority to es-
tablish, approve, and maintain technical 
requirements. 
(3) 
COST
ESTIMATE
OF
MAJOR 
CHANGES.—A requirement that an inde-
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681 
pendent 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 ap-
proved in the Deepwater Program base-
line in effect as of May 2007. 
(4) PERFORMANCE MEASUREMENT.—A re-
quirement that any measurement of con-
tractor and subcontractor performance 
must be based on the status of all work 
performed, including the extent to which 
the work performed met all cost, schedule, 
and mission performance requirements 
outlined in the Deepwater Program con-
tract. 
(5) EARLY OPERATIONAL ASSESSMENT.— 
For the acquisition of any cutter class for 
which an Early Operational Assessment 
has not been developed— 
(A) a requirement that the Sec-
retary of the Department in which the 
Coast Guard is operating shall cause 
an Early Operational Assessment to be 
conducted by the Department of the 
Navy after the development of the pre-
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682 
liminary design of the cutter and be-
fore the conduct of the critical design 
review of the cutter; and 
(B) a requirement that the Coast 
Guard shall develop a plan to address 
the findings presented in the Early 
Operational Assessment. 
(6) TRANSIENT ELECTROMAGNETIC PULSE 
EMANATION.—For the acquisition or up-
grade of air, surface, or shore assets for 
which compliance with transient electro-
magnetic pulse emanation (TEMPEST) is 
a requirement, a provision specifying that 
the standard for determining such com-
pliance shall be the air, surface, or shore 
asset standard then used by the Depart-
ment of the Navy. 
(7) OFFSHORE
PATROL
CUTTER
UNDER-
WAY
REQUIREMENT.—For 
any 
contract 
issued to acquire an Offshore Patrol Cut-
ter, provisions specifying the service life, 
fatigue life, days underway in general At-
lantic and North Pacific Sea conditions, 
maximum range, and maximum speed the 
cutter shall be built to achieve. 
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(8) INSPECTOR GENERAL ACCESS.—A re-
quirement that the Department of Home-
land 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 con-
tractor personnel. 
(d) LIFE CYCLE COST ESTIMATE.— 
(1) IN GENERAL.—The Secretary shall 
develop an authoritative life cycle cost es-
timate for the Deepwater Program. 
(2) CONTENTS.—The life cycle cost esti-
mate shall include asset acquisition and 
logistics support decisions and planned 
operational tempo and locations as of the 
date of enactment of this Act. 
(3) SUBMITTAL.—The Secretary shall— 
(A) submit the life cycle cost esti-
mate to the Committee on Transpor-
tation and Infrastructure and the 
Committee on Homeland Security of 
the House of Representatives and the 
Committee on Commerce, Science, and 
Transportation of the Senate within 4 
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684 
months after the date of enactment of 
this Act; and 
(B) submit updates of the life cycle 
cost estimate to such Committees an-
nually. 
(e) CONTRACT
OFFICERS.—The Secretary 
shall assign a separate contract officer for 
each class of cutter and aircraft acquired or 
rehabilitated under the Deepwater Program, 
including the National Security Cutter, the 
Offshore Patrol Cutter, the Fast Response Cut-
ter A, the Fast Response Cutter B, maritime 
patrol aircraft, the aircraft HC–130J, the heli-
copter HH–65, the helicopter HH–60, and the 
vertical unmanned aerial vehicle. 
(f) TECHNOLOGY RISK REPORT.—The Sec-
retary shall submit to the Committee on Trans-
portation and Infrastructure and the Com-
mittee on Homeland Security of the House of 
Representatives and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate 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 
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Response Cutter A (FRC–A), the Fast Response 
Cutter B (FRC–B), the Offshore Patrol Cutter 
(OPC), and the Vertical Unmanned Aerial Ve-
hicle (VUAV), not later than 90 days before the 
date of award of a contract for such an acqui-
sition. 
(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 Security of the House 
of Representatives and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate— 
(1) the results of each Early Oper-
ational Assessment conducted pursuant to 
subsection (c)(5)(A) and the plan ap-
proved by the Commandant pursuant to 
subsection (c)(5)(B) for addressing the 
findings of such assessment, within 30 
days after the Commandant approves the 
plan; and 
(2) a report describing how the rec-
ommendations of each Early Operational 
Assessment conducted pursuant to sub-
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686 
section (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, within 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: 
‘‘§ 56. Chief Acquisition Officer 
‘‘(a) ESTABLISHMENT OF AGENCY CHIEF AC-
QUISITION OFFICER.—The Commandant shall 
appoint or designate a career reserved em-
ployee as Chief Acquisition Officer for the 
Coast Guard, who shall— 
‘‘(1) have acquisition management as 
that official’s primary duty; and 
‘‘(2) 
report 
directly 
to 
the 
Com-
mandant to advise and assist the Com-
mandant to ensure that the mission of the 
Coast Guard is achieved through the 
management of the Coast Guard’s acquisi-
tion activities. 
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687 
‘‘(b) AUTHORITY
AND
FUNCTIONS
OF
THE 
CHIEF ACQUISITION OFFICER.—The functions of 
the Chief Acquisition Officer shall include— 
‘‘(1) monitoring the performance of ac-
quisition activities and acquisition pro-
grams of the Coast Guard, evaluating the 
performance of those programs on the 
basis of applicable performance measure-
ments, and advising the Commandant re-
garding the appropriate business strategy 
to achieve the mission of the Coast Guard; 
‘‘(2) increasing the use of full and 
open competition in the acquisition of 
property and services by the Coast Guard 
by establishing policies, procedures, and 
practices that ensure that the Coast 
Guard receives a sufficient number of 
sealed bids or competitive proposals from 
responsible sources to fulfill the Govern-
ment’s requirements (including perform-
ance 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 per-
formance specifications in instances in 
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which performance-based contracting is 
used; 
‘‘(4) making acquisition decisions con-
sistent with all applicable laws and estab-
lishing clear lines of authority, account-
ability, and responsibility for acquisition 
decisionmaking within the Coast Guard; 
‘‘(5) managing the direction of acqui-
sition policy for the Coast Guard, includ-
ing implementation of the unique acquisi-
tion 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 workforce; and 
‘‘(7) as part of the strategic planning 
and performance evaluation process re-
quired under section 306 of title 5 and sec-
tions 1105(a)(28), 1115, 1116, and 9703 of 
title 31— 
‘‘(A) assessing the requirements es-
tablished for Coast Guard personnel 
regarding knowledge and skill in ac-
quisition resources management and 
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689 
the adequacy of such requirements for 
facilitating the achievement of the 
performance goals established for ac-
quisition management; 
‘‘(B) in order to rectify any defi-
ciency in meeting such requirements, 
developing 
strategies 
and 
specific 
plans for hiring, training, and profes-
sional development; and 
‘‘(C) reporting to the Commandant 
on the progress made in improving ac-
quisition management capability.’’. 
(b) CLERICAL AMENDMENT.—The table of 
sections at the beginning of such chapter is 
further amended by adding at the end the fol-
lowing: 
‘‘56. Chief Acquisition Officer.’’. 
(c) SPECIAL RATE SUPPLEMENTS.— 
(1) REQUIREMENT
TO
ESTABLISH.—Not 
later than 1 year after the date of enact-
ment 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 
supplements that provide higher pay lev-
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690 
els for employees necessary to carry out 
the amendment made by this section. 
(2) SUBJECT TO APPROPRIATIONS.—The 
requirement under paragraph (1) is sub-
ject to the availability of appropriations. 
SEC. 804. TESTING AND CERTIFICATION. 
(a) IN GENERAL.—The Secretary shall— 
(1) 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; 
(2) cause the design and construction 
of each National Security Cutter, other 
than National Security Cutter 1 and 2, to 
be certified by an independent third party 
with expertise in vessel design and con-
struction certification to be able to meet a 
185-underway-day requirement under gen-
eral Atlantic and North Pacific sea condi-
tions for a period of at least 30 years; 
(3) cause all electronics on all air-
craft, surface, and shore assets that re-
quire TEMPEST certification and that are 
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691 
delivered after the date of enactment of 
this Act to be tested and certified in ac-
cordance with TEMPEST standards and 
communications 
security 
(COMSEC) 
standards by an independent third party 
that is authorized by the Federal Govern-
ment to perform such testing and certifi-
cation; and 
(4) cause all aircraft and aircraft en-
gines acquired by the Coast Guard and 
delivered after the date of enactment of 
this Act to be certified for airworthiness 
by an independent third party with exper-
tise in aircraft and aircraft engine certifi-
cation, before acceptance of delivery. 
(b) FIRST IN CLASS OF A MAJOR ASSET AC-
QUISITION.—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 conducted by the Sec-
retary of the Navy. 
(c) FINAL ARBITER.—The Secretary shall be 
the final arbiter of all technical disputes re-
garding designs and acquisitions of vessels 
and aircraft for the Coast Guard. 
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692 
SEC. 805. NATIONAL SECURITY CUTTERS. 
(a) NATIONAL SECURITY CUTTERS 1 AND 2.— 
(1) REPORT ON OPTIONS UNDER CONSID-
ERATION.—The Secretary shall submit to 
the Committee on Transportation and In-
frastructure and the Committee on Home-
land Security of the House of Representa-
tives and the Committee on Commerce, 
Science, and Transportation of the Sen-
ate— 
(A) within 120 days after the date 
of enactment of this Act, a report de-
scribing in detail the cost increases 
that have been experienced on Na-
tional Security Cutters 1 and 2 since 
the date of the issuance of the task or-
ders for construction of those cutters 
and explaining the causes of these 
cost increases; and 
(B) within 180 days after the date 
of enactment of this Act, a report on 
the options that the Coast Guard is 
considering to strengthen the hulls of 
National Security Cutter 1 and Na-
tional Security Cutter 2, including— 
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693 
(i) the costs of each of the op-
tions under consideration; 
(ii) a schedule for when the 
hull strengthening repairs are an-
ticipated to be performed; and 
(iii) 
the 
impact 
that 
the 
weight likely to be added to each 
the cutter by each option will have 
on the cutter’s ability to meet both 
the original performance require-
ments included in the Deepwater 
Program contract and the per-
formance requirements created by 
contract Amendment Modification 
00042 dated February 7, 2007. 
(2) 
DESIGN
ASSESSMENT.—Not 
later 
than 30 days before the Coast Guard signs 
any contract, delivery order, or task order 
to strengthen the hull of either of Na-
tional Security Cutter 1 or 2 to resolve the 
structural design and performance issues 
identified in the Department of Homeland 
Security Inspector General’s report OIG– 
07–23 dated January 2007, the Secretary 
shall submit to the Committee on Trans-
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694 
portation and Infrastructure and the 
Committee on Homeland Security of the 
House of Representatives and the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate all results of an 
assessment of the proposed hull strength-
ening design conducted by the Naval Sur-
face Warfare Center, Carderock Division, 
including a description in detail of the ex-
tent to which the hull strengthening 
measures to be implemented on those cut-
ters will enable the cutters to meet a 185- 
underway-day requirement under general 
Atlantic and North Pacific sea conditions 
for a period of at least 30 years. 
(b) 
NATIONAL
SECURITY
CUTTERS
THROUGH 8.—Not later than 30 days before the 
Coast Guard signs any contract, delivery 
order, or task order authorizing construction 
of National Security Cutters 3 through 8, the 
Secretary shall submit 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-
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695 
ate all results of an assessment of the proposed 
designs to resolve the structural design, safety, 
and performance issues identified by the De-
partment of Homeland Security Office of In-
spector General report OIG–07–23 for the hulls 
of those cutters conducted by the Naval Sur-
face Warfare Center, Carderock Division, in-
cluding a description in detail of the extent to 
which such designs will enable the cutters to 
meet a 185-underway-day requirement under 
general Atlantic and North Pacific sea condi-
tions. 
SEC. 806. MISCELLANEOUS REPORTS. 
(a) IN GENERAL.—The Secretary shall sub-
mit 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 Com-
merce, Science, and Transportation of the Sen-
ate: 
(1) Within 4 months after the date of 
enactment of this Act, a justification for 
why 8 National Security Cutters are re-
quired to meet the operational needs of 
the Coast Guard, including— 
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696 
(A) how many days per year each 
National Security Cutter will be un-
derway at sea; 
(B) where each National Security 
Cutter will be home ported; 
(C) the amount of funding that 
will be required to establish home 
port operations for each National Se-
curity Cutter; 
(D) the extent to which 8 National 
Security 
Cutters 
deployed 
without 
vertical 
unmanned 
aerial 
vehicles 
(VUAV) will meet or exceed the mis-
sion 
capability 
(including 
surveil-
lance capacity) of the 12 Hamilton- 
class high endurance cutters that the 
National Security Cutters will re-
place; 
(E) the business case in support of 
constructing National Security Cut-
ters 3 through 8, including a cost-ben-
efit analysis; and 
(F) an analysis of how many Off-
shore Patrol Cutters would be re-
quired to provide the patrol coverage 
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697 
provided by a National Security Cut-
ter. 
(2) Within 4 months after the date of 
enactment of this Act, a report on— 
(A) the impact that deployment of 
a National Security Cutter and other 
cutter assets without the vertical un-
manned aerial vehicle (VUAV) will 
have on the amount of patrol coverage 
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 sta-
tus of the development of the VUAV; 
and 
(D) the timeline detailing the 
major milestones to be achieved dur-
ing 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 
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698 
or other dispute regarding the Deepwater 
Program contract or an item to be pro-
cured under that contract, including a de-
tailed description of the issue and the ra-
tionale underlying the decision taken by 
the flag officer to resolve the issue. 
(4) Within 4 months after the date of 
enactment of this Act, a report detailing 
the total number of change orders that 
have been created by the Coast Guard 
under the Deepwater Program before the 
date of enactment of this Act, the total 
cost of these change orders, and their im-
pact on the Deepwater Program schedule. 
(5) Within 180 days after the date of 
enactment 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 Na-
tional Security Cutter. 
(6) Not less than 60 days before sign-
ing a contract to acquire any vessel or 
aircraft, a report comparing the cost of 
purchasing that vessel or aircraft directly 
from the manufacturer or shipyard with 
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699 
the cost of procuring it through the Inte-
grated Coast Guard System. 
(7) Within 30 days after the Program 
Executive Officer of the Deepwater Pro-
gram becomes aware of a likely cost over-
run exceeding 5 percent of the overall 
asset acquisition contract cost or schedule 
delay exceeding 5 percent of the estimated 
asset construction period under the Deep-
water Program, a report by the Com-
mandant containing a description of the 
cost overrun or delay, an explanation of 
the overrun or delay, a description of 
Coast Guard’s response, and a description 
of significant delays in the procurement 
schedule likely to be caused by the over-
run or delay. 
(8) Within 90 days after the date of en-
actment of this Act, articulation of a doc-
trine and description of an anticipated 
implementation of a plan for management 
of acquisitions programs, financial man-
agement (including earned value manage-
ment and cost estimating), engineering 
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700 
and logistics management, and contract 
management, that includes— 
(A) a description of how the Coast 
Guard 
will 
cultivate 
among 
uni-
formed personnel expertise in acquisi-
tions management and financial man-
agement; 
(B) a description of the processes 
that will be followed to draft and en-
sure 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 esti-
mates for major change orders; and 
(D) a description of how Coast 
Guard will strengthen the manage-
ment of change orders. 
(9) Within 4 months after the date of 
enactment of this Act, a report on the de-
velopment of a new acquisitions office 
within the Coast Guard describing the 
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701 
specific staffing structure for that direc-
torate, including— 
(A) identification of all manage-
rial positions proposed as part of the 
office, the functions that each mana-
gerial position will fill, and the num-
ber of employees each manager will 
supervise; and 
(B) a formal organizational chart 
and identification of when manage-
rial positions are to be filled. 
(10) Ninety days prior to the issuance 
of a Request for Proposals for construc-
tion of an Offshore Patrol Cutter, a report 
detailing the service life, fatigue life, max-
imum range, maximum speed, and num-
ber of days underway under general At-
lantic and North Pacific Sea conditions 
the cutter shall be built to achieve. 
(11) The Secretary shall report annu-
ally 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 mi-
nority-owned businesses. 
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