394 
cluding, to the greatest extent pos-
sible, 
through 
increased 
domestic 
breeding, while meeting the perform-
ance needs and criteria established 
by the Commandant; 
(B) support expansion and up-
grading of existing canine training fa-
cilities operated by the department in 
which the Coast Guard is operating; 
and 
(C) as appropriate, partner with 
other Federal, State, or local agen-
cies, nonprofit organizations, univer-
sities, or the private sector to in-
crease the breeding and training ca-
pacity for Coast Guard canine detec-
tion teams. 
(c) 
DEPLOYMENT.—The 
Secretary 
shall 
prioritize deployment of the additional canine 
teams to ports based on risk, consistent with 
the Security and Accountability For Every 
Port Act of 2006 (Public Law 109–347). 
(d) AUTHORIZATION.—There are authorized 
to be appropriated to the Secretary such sums 
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as may be necessary to carry out this section 
for fiscal years 2008 through 2012. 
SEC. 707. COAST GUARD PORT ASSISTANCE PROGRAM. 
Section 70110 of title 46, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may 
lend, lease, donate, or otherwise provide 
equipment, and provide technical train-
ing and support, to the owner or operator 
of a foreign port or facility— 
‘‘(A) to assist in bringing the port 
or facility into compliance with appli-
cable International Ship and Port Fa-
cility Code standards; 
‘‘(B) to assist the port or facility 
in 
meeting 
standards 
established 
under section 70109A of this chapter; 
and 
‘‘(C) to assist the port or facility 
in exceeding the standards described 
in subparagraphs (A) and (B). 
‘‘(2) CONDITIONS.—The Secretary— 
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‘‘(A) shall provide such assistance 
based upon an assessment of the risks 
to the security of the United States 
and the inability of the owner or op-
erator of the port or facility other-
wise to bring the port or facility into 
compliance with those standards and 
to maintain compliance with them; 
‘‘(B) may not provide such assist-
ance unless the port or facility has 
been subjected to a comprehensive 
port security assessment by the Coast 
Guard or a third party entity cer-
tified by the Secretary under section 
70110A(b) to validate foreign port or 
facility compliance with International 
Ship and Port Facility Code stand-
ards; and 
‘‘(C) may only lend, lease, or oth-
erwise provide equipment that the 
Secretary has first determined is not 
required by the Coast Guard for the 
performance of its missions.’’. 
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SEC. 708. HOMELAND SECURITY IMPACT REVIEW OF LIQUE-
FIED NATURAL GAS FACILITIES. 
(a) REQUIREMENT OF APPROVAL.—No Fed-
eral agency shall license, approve, or other-
wise authorize the construction, expansion, 
or operation of an offshore or waterfront fa-
cility for the transfer of liquefied natural gas 
from ships to land or from land to ships unless 
the Secretary of Homeland Security has ap-
proved such construction, expansion, or oper-
ation under this section. 
(b) HOMELAND SECURITY IMPACT REVIEW.— 
Upon receipt of notice of an application for a 
license, approval, or other authorization de-
scribed in subsection (a), the Secretary of 
Homeland Security shall conduct a com-
prehensive homeland security impact review 
of the proposed construction, expansion, or 
operation, 
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; 
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(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 per-
sons with a sophisticated knowledge of 
facility operations; 
(7) the threat of fires and large explo-
sions; and 
(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 coordi-
nation with appropriate Federal agencies 
with regulatory responsibility over liquefied 
natural gas facilities shall approve the pro-
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posed construction, expansion, or operation. 
Except as provided in subsection (a), approval 
under this subsection shall not affect any 
other requirement under law to obtain a li-
cense, approval, or other authorization for 
the construction, expansion, or operation of 
an offshore 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)— 
(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 respon-
sible for licensing, approval, or other au-
thorization for the construction, expan-
sion, or operation; and 
(3) to the extent consistent with the 
protection of homeland security, to af-
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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 mari-
time environment, a pilot program for the mo-
bile biometric identification of suspected in-
dividuals, including terrorists, to enhance 
border security and for other purposes. 
(b) REQUIREMENTS.—The Secretary shall 
ensure that the pilot program is coordinated 
with other biometric identification programs 
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. 
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(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 
preventive 
radiological/nuclear 
detection 
equipment on Coast Guard vessels and other 
locations in select port regions to enhance 
border security and for other purposes. The 
pilot program shall leverage existing Federal 
grant funding to support this program and 
the procurement of additional equipment. 
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SEC. 712. ADVANCE NOTICE OF PORT ARRIVAL OF SIGNIFI-
CANT OR FATAL INCIDENTS INVOLVING U.S. 
PERSONS. 
(a) 
REQUIREMENT.—The 
Secretary 
of 
Homeland Security shall require the owner or 
operator of a cruise ship that embarks or dis-
embarks passengers in a United States port to 
notify the Secretary of any covered security 
incident that occurs on the cruise ship in the 
course of the voyage (or voyage segment) in 
which a U.S. person is involved, in conjunc-
tion 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 
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 per-
son in or near the port. 
(2) CRUISE
SHIP.—The term ‘‘cruise 
ship’’ means a vessel on an international 
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403 
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 perma-
nent 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 
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 cov-
ered security incident, nor shall this section 
prohibit earlier notifications of covered secu-
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rity incidents otherwise required by law or 
regulation. 
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— 
(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,’’. 
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(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 
employ 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— 
(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 
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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 
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 
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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 
Homeland 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 
(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 Com-
mission Act of 2007 (Public Law 110–53). 
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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 
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 Oc-
tober 1, 2011, or the date on which the 
Secretary certifies in writing to the Com-
mittee on Transportation and Infrastruc-
ture and the Committee on Homeland Se-
curity of the House of Representatives 
and 
the 
Committee 
on 
Commerce, 
Science, and Transportation of the Sen-
ate that the Coast Guard has available 
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and can retain sufficient contracting per-
sonnel and expertise within the Coast 
Guard, through an arrangement with 
other Federal agencies, or through con-
tracts or other arrangements with pri-
vate sector entities, to perform the func-
tions and responsibilities of the lead sys-
tem integrator in an efficient and cost-ef-
fective 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 obtain any type of assistance the 
Secretary considers appropriate, with 
any systems integration functions, from 
any Federal agency with experience in 
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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 appro-
priations, obtain by grant, contract, or 
cooperative agreement any type of assist-
ance the Secretary considers appropriate, 
with any systems integration functions, 
from any private sector entity with expe-
rience 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 pro-
cured directly by the Coast Guard or by 
the Integrated Coast Guard System act-
ing under a contract with the Coast 
Guard. 
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(2) EXCEPTION.—The Secretary may 
use a procurement method that is less 
than full and open competition to pro-
cure an asset under the Deepwater Pro-
gram, 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 Representa-
tives and the Committee on Com-
merce, Science, and Transportation of 
the Senate a report explaining why 
such procurement is in the best inter-
ests of the Federal Government. 
(3) LIMITATION ON APPLICATION.—Para-
graph (1) shall not apply to a contract, 
subcontract, or task order that was 
issued before the date of enactment of 
this Act, if there is no change in the 
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quantity of assets 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-
pendent cost estimate must be prepared 
and approved by the Secretary before the 
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413 
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 
requirement that any measurement of 
contractor and subcontractor perform-
ance 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 re-
quirements outlined in the Deepwater 
Program contract. 
(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 Assess-
ment to be conducted by the Depart-
ment of the Navy after the develop-
ment of the preliminary design of the 
cutter and before the conduct of the 
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414 
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 
compliance shall be the air, surface, or 
shore asset standard then used by the De-
partment 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 
estimate 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 
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416 
within 4 months after the date of en-
actment of this Act; and 
(B) submit updates of the life 
cycle cost estimate to such Commit-
tees annually. 
(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 
Cutter A, the Fast Response Cutter B, mari-
time 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 Sec-
retary shall submit 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 a report identifying the technology 
risks and level of maturity for major tech-
nologies used on each class of asset acquisi-
tions under the Deepwater Program, includ-
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417 
ing the Fast Response Cutter A (FRC–A), the 
Fast Response Cutter B (FRC–B), the Offshore 
Patrol Cutter (OPC), and the Vertical Un-
manned Aerial Vehicle (VUAV), not later than 
90 days before the date of award of a contract 
for such an acquisition. 
(g) SUBMISSION
OF ASSESSMENT RESULTS 
AND PLANS TO CONGRESS.—The Commandant 
of the Coast Guard shall submit to the Com-
mittee on Transportation and Infrastructure 
and the Committee on Homeland Security of 
the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate— 
(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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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 acqui-
sition activities. 
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419 
‘‘(b) AUTHORITY
AND
FUNCTIONS
OF
THE 
CHIEF ACQUISITION OFFICER.—The functions of 
the Chief Acquisition Officer shall include— 
‘‘(1) monitoring the performance of 
acquisition 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 strat-
egy 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 low-
est cost or best value considering the na-
ture of the property or service procured; 
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420 
‘‘(3) ensuring the use of detailed per-
formance specifications in instances in 
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 
sections 1105(a)(28), 1115, 1116, and 9703 
of title 31— 
‘‘(A) assessing the requirements 
established for Coast Guard per-
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421 
sonnel regarding knowledge and skill 
in acquisition resources management 
and the adequacy of such require-
ments for facilitating the achieve-
ment of the performance goals estab-
lished for acquisition 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 
Com-
mandant on the progress made in im-
proving acquisition management ca-
pability.’’. 
(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 
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Coast Guard shall establish special rate 
supplements that provide higher pay lev-
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 
construction certification to be able to 
meet a 185-underway-day requirement 
under general Atlantic and North Pacific 
sea conditions for a period of at least 30 
years; 
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(3) cause all electronics on all air-
craft, surface, and shore assets that re-
quire TEMPEST certification and that 
are delivered after the date of enactment 
of this Act to be tested and certified in 
accordance 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 ex-
pertise in aircraft and aircraft engine 
certification, before acceptance of deliv-
ery. 
(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 assess-
ment of operational capability conducted by 
the Secretary of the Navy. 
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424 
(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. 
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 
Homeland Security of the House of Rep-
resentatives and the Committee on Com-
merce, Science, and Transportation of the 
Senate— 
(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 
orders for construction of those cut-
ters and explaining the causes of 
these cost increases; and 
(B) within 180 days after the date 
of enactment of this Act, a report on 
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425 
the options that the Coast Guard is 
considering to strengthen the hulls of 
National Security Cutter 1 and Na-
tional Security Cutter 2, including— 
(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 perform-
ance requirements included in 
the Deepwater Program contract 
and 
the 
performance 
require-
ments 
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 
National Security Cutter 1 or 2 to resolve 
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426 
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 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 Senate all re-
sults of an assessment of the proposed 
hull strengthening design conducted by 
the 
Naval 
Surface 
Warfare 
Center, 
Carderock Division, including a descrip-
tion in detail of the extent to which the 
hull strengthening measures to be imple-
mented on those cutters will enable the 
cutters to meet a 185-underway-day re-
quirement 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 
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427 
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 Commerce, Science, and Transportation of 
the Senate all results of an assessment of the 
proposed designs to resolve the structural de-
sign, safety, and performance issues identi-
fied by the Department of Homeland Security 
Office of Inspector General report OIG–07–23 
for the hulls of those cutters conducted by the 
Naval Surface Warfare Center, Carderock Di-
vision, including a description in detail of the 
extent to which such designs will enable the 
cutters to meet a 185-underway-day require-
ment under general Atlantic and North Pa-
cific sea conditions. 
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 
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428 
on Commerce, Science, and Transportation of 
the Senate: 
(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— 
(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; 
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(E) the business case in support 
of 
constructing 
National 
Security 
Cutters 3 through 8, including a cost- 
benefit analysis; and 
(F) an analysis of how many Off-
shore Patrol Cutters would be re-
quired to provide the patrol coverage 
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 cov-
erage that will be able to be provided 
during missions conducted by the Na-
tional Security Cutter and all other 
cutters planned to be equipped with a 
VUAV; 
(B) how the coverage gap will be 
made up; 
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