Integrated Deepwater Program Reform Act
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Message on Senate action sent to the House.
December 19, 2007
View full timeline
Introduced in Senate
March 20, 2007
Sponsor introductory remarks on measure. (CR S3357-3358)
March 20, 2007
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S3358-3359)
March 20, 2007
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
April 25, 2007
Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with an amendment in the nature of a substitute. With written report No. 110-72.
May 24, 2007
Placed on Senate Legislative Calendar under General Orders. Calendar No. 171.
May 24, 2007
Measure laid before Senate by unanimous consent. (consideration: CR S15945-15950; text as reported in Senate: CR S15945-15947)
December 19, 2007
The committee substitute as amended agreed to by Unanimous Consent.
December 19, 2007
Passed Senate with an amendment by Unanimous Consent. (text: CR S15947-15950)
December 19, 2007
Held at the desk.
December 19, 2007 • 7:00 PM
Received in the House.
December 19, 2007 • 7:00 PM
Message on Senate action sent to the House.
December 19, 2007
Floor Debate
21 membersWhat members said about S. 924 on the floor




+16
Floor Debate
21 membersWhat members said about S. 924 on the floor
Mr. President, I am pleased to be joined by my colleague Senator Mel Martinez as we introduce a package of bills aimed at providing a comprehensive solution to strengthen our Nation's property and…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6999) to restructure the Coast Guard Integrated Deepwater Program, and for other purposes, as amended. Mr. Speaker, I ask unanimous…
Mr. President, today I rise to support introduction of the Integrated Deepwater Reform Act. Since 1790, the United States Coast Guard has served as the guardian of our shores. It began its service to…
Mr. President, this emergency supplemental appropriations bill contains $121.7 billion in funding, approximately $19 billion above the President's request, and is replete with earmarks and other…
Mr. President, today I address an issue of critical importance to Rhode Island's Federal Wage System employees. Federal Wage System (FWS) employees are the Federal Government's blue-collar employees.…
Show 8 more
I will use leader time. Mr. President, we are trying to get a lot of things done today to finish this bill. There are important committees wanting to meet. Everyone should understand every Democrat…
Mr. President, as a former prosecutor I am a strong supporter of the Marshals Service. We have the Commerce, Justice, Science appropriations bill to fund the U.S. Marshals Service, and there is…
Mr. Speaker, I yield myself such time as I may consume. First, Mr. Speaker, let me tell you what a pleasure it is to see you on a Saturday morning, rather than Monday through Friday. This is a good…
Mr. President, I rise today to discuss the way forward for a recapitalization effort critical to our national security and the safety of America's seafarers. I speak of the effort to modernize the…
Mr. President, I seek recognition to discuss a matter of the utmost importance, a pay raise for judges and justices of the United States. The salaries of article III judges are inadequate for the…
Mr. Speaker, I want to thank our chairman for yielding and for all of his hard work and help in making this happen, this legislation happen today. As chairman of the Subcommittee on Coast Guard and…
Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition and Forestry be authorized to conduct a hearing during the session of the Senate on April 25, 2007 at 9:30 a.m. in…
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, when we talk about college affordability, the discussion typically focuses on tuition costs,…
Show 11 more
Mr. President, today, I, along with my colleague Senator Allard, am proud to introduce the Expanding the Promise for Individuals with Autism Act (EPIAA.) This legislation will help to increase the…
Mr. President, I think we all agree that the United States Coast Guard plays a critical role in keeping our oceans, coasts, and waterways safe, secure, and free from environmental harm. Following the…
Mr. President, I think we all agree that the United States Coast Guard plays a critical role in keeping our oceans, coasts, and waterways safe, secure, and free from environmental harm. Following the…
Mr. President, I raise a point of order. Under rule XVI, section 1711 of the bill is legislation on an appropriations bill. Section 1711 of the substitute amendment makes changes to the immigration…
Mr. President, I understand under the order that there will be 4 minutes equally divided before each amendment. The first amendment we are considering is the Ensign amendment; is that correct? I see…
Mr. President, I am offering today private relief legislation to provide lawful permanent residence status to Joseph Gabra and his wife, Sharon Kamel, Egyptian nationals currently living with their…
Mr. President, I rise today along with several of my colleagues to introduce the Healthy Farms, Foods, and Fuels Act of 2007. I am also proud to be joined in this effort by my friend and former…
Mr. President, today I rise to support introduction of the Integrated Deepwater Reform Act. Since 1790, the United States Coast Guard has served as the guardian of our shores. It began its service to…
Mr. President, I am pleased to join my colleague, Senator Olympia Snowe, in introducing legislation that will expand the borders of the Aroostook County Empowerment Zone to include the entire County…
Mr. President, I am pleased to rise today to introduce the ``Seniors Mental Health Access Improvement Act of 2007'' with my distinguished colleague from Arkansas, Mrs. Lincoln. Specifically, the…
Mr. President, I am pleased to join my friends and Colleagues, Senator Hatch and Senator Crapo in introducing legislation to make permanent the tax treatment in Subpart F for active financial…
Bill Text
3 versions available
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 924 Engrossed in Senate (ES)]
110th CONGRESS
1st Session
S. 924
_______________________________________________________________________
AN ACT
To strengthen the United States Coast Guard's Integrated Deepwater
Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Integrated
Deepwater Program Reform Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Procurement structure.
Sec. 3. Alternatives Analysis.
Sec. 4. Certification.
Sec. 5. Contract requirements.
Sec. 6. Improvements in Coast Guard management.
Sec. 7. Department of Defense Consultation.
Sec. 8. Procurement and report requirements.
Sec. 9. GAO review and recommendations.
Sec. 10. Inspector General review of Deepwater program.
Sec. 11. Definitions.
SEC. 2. PROCUREMENT STRUCTURE.
(a) In General.--
(1) Use of lead systems integrator.--Except as provided in
subsection (b), the United States Coast Guard may not use a
private sector entity as a lead systems integrator for
procurements under, or in support of, the Integrated Deepwater
Program more than 90 days after the date of enactment of this
Act.
(2) Full and open competition.--The United States Coast
Guard shall utilize full and open competition for any other
procurement for which an outside contractor is used under, or
in support of, the Integrated Deepwater Program after the date
of enactment of this Act, unless otherwise excepted in
accordance with the Competition in Contracting Act of 1984 and
the Federal Acquisition Regulations.
(b) Exceptions.--
(1) Completion of procurement by lead systems integrator.--
Notwithstanding subsection (a), the Coast Guard may use a
private sector entity as a lead systems integrator--
(A) to complete any delivery order or task order
that was issued to the lead systems integrator on or
before the date that is 90 days after the date of
enactment of this Act without any change in the
quantity of assets or the specific type of assets
covered by the order;
(B) for procurements after the date that is 90 days
after the date of enactment of this Act of, or in
support of--
``(i) the HC-130J aircraft, the HH-65
aircraft, and the C4ISR system, and
(ii) National Security Cutters or Maritime
Patrol Aircraft under contract or order for
construction as of the date that is 90 days
after the date of enactment of this Act,
if the requirements of subsection (c) are met with
respect to such procurements; and
(C) for the procurement, or in support, of
additional National Security Cutters or Maritime Patrol
Aircraft if the Commandant determines, after conducting
the alternatives analysis required by section 3, that--
(i) the procurement is in accordance with
the Competition in Contracting Act of 1984 and
the Federal Acquisition Regulations;
(ii) the procurement and the use of a
private sector entity as a lead systems
integrator for the procurement is in the best
interest of the Federal government; and
(iii) the requirements of subsection (c)
are met with respect to such procurement.
(2) Awards to tier 1 subcontractors.--The Coast Guard may
award to any Tier 1 subcontractor or subcontractor below the
Tier 1 level any procurement that it could award to a lead
systems integrator under paragraph (1).
(3) Report on decision-making process.--If the Commandant
determines under subparagraph (B) or C) of paragraph (1) that
the Coast Guard will use a private sector lead systems
integrator for a procurement, the Commandant shall notify in
writing the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure of its determination and
shall provide a detailed rationale for the determination.
(c) Limitation on Lead Systems Integrators.--Neither an entity
performing lead systems integrator functions for a procurement under,
or in support of, the Integrated Deepwater Program, nor a Tier 1
subcontractor, for any procurement described in subparagraph (B) or (C)
of subsection (b)(1) may have a financial interest in a subcontractor
below the tier 1 subcontractor level unless--
(1) the subcontractor was selected by the Coast Guard
through full and open competition for such procurement;
(2) the procurement was awarded by the lead systems
integrator or a subcontractor through full and open
competition;
(3) the procurement was awarded by a subcontractor through
a process over which the lead systems integrator or a Tier 1
subcontractor exercised no control; or
(4) the Commandant has determined that the procurement was
awarded in a manner consistent with the Competition in
Contracting Act of 1984 and the Federal Acquisition
Regulations.
(d) Rule of Construction.--The limitation in subsection (b)(1)(A)
on the quantity and specific type of assets to which subsection (b)
applies shall not be construed to apply to the modification of the
number or type of any subsystems or other components of a vessel or
aircraft described in subsection (b)(1)(B) or (C).
SEC. 3. ALTERNATIVES ANALYSIS.
(a) In General.--Except with respect to a procurement described in
subparagraph (A) or (B) of section 2(b)(1) of this Act, or a
procurement for which a request for proposals consistent with the
Federal Acquisition Regulations has been issued before the date of
enactment of this Act, no procurement of a major asset may be awarded
under the Integrated Deepwater Program after the date of enactment of
this Act until an alternatives analysis has been conducted under this
section.
(b) Independent Analysis.--As soon as possible, but no later than
120 days after the date of enactment of this Act, the Commandant shall
execute a contract for an alternatives analysis with a Federally Funded
Research and Development Center, a qualified entity of the Department
of Defense, or a similar independent third party entity that has
appropriate acquisition expertise for independent analysis of all of
the proposed procurements under, or in support of, the Integrated
Deepwater Program, including procurements described in section
2(b)(1)(B), and for any future major changes of such procurements. The
Commandant may not contract under this subsection for such an analysis
with any entity that has a substantial financial interest in any part
of the Integrated Deepwater Program as of the date of enactment of this
Act or in any alternative being considered.
(c) Analysis.--The alternatives analysis provided pursuant to the
contract under subsection (b) for procurements and feasible
alternatives shall include--
(1) an examination of capability, interoperability, and
other advantages and disadvantages;
(2) an evaluation of whether different quantities of
specific assets could meet the Coast Guard's overall
performance needs;
(3) a discussion of key assumptions and variables, and
sensitivity to changes in such assumptions and variables;
(4) an assessment of technology risk and maturity;
(5) an evaluation of safety and performance records;
(6) a calculation of costs, including life-cycle costs; and
(7) a business case of viable alternatives.
(d) Report to Congress.--As soon as possible after an alternatives
analysis has been completed, the Commandant shall develop a plan for
the procurements addressed in the analysis, as well as procurements
described in subsection (a) for which no alternatives analysis is
required, and shall transmit a report describing the plan, and the
schedule and costs for delivery of such procurements to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure.
(e) Experimental, Technically Immature Systems.--
(1) In general.--No procurement of an experimental or
technically immature major asset may be awarded under the
Integrated Deepwater Program until an alternatives analysis has
been conducted for such asset. The alternatives analysis shall
include the same components as those set forth in subsection
(c). In addition, the alternatives analysis shall also
include--
(A) an examination of likely research and
development costs and the levels of uncertainty
associated with such estimated costs;
(B) an examination of likely production and
deployment costs and the levels of uncertainty
associated with such estimated costs;
(C) an examination of likely operating and support
costs and the levels of uncertainty associated with
such estimated costs;
(D) if they are likely to be significant, an
examination of likely disposal costs and the levels of
uncertainty associated with such estimated costs;
(E) an analysis of the risks to production cost,
schedule, and life-cycle cost resulting from the
experimental, technically immature nature of the
systems under consideration; and
(F) such additional measures the Commandant
determines to be necessary for appropriate evaluation
of the asset.
(2) Report.--As soon as possible after an alternatives
analysis pursuant to this subsection has been completed, the
Commandant shall transmit a report that provides a detailed
summary of the findings of the analysis, a plan for the
procurements addressed in the analysis, and the schedule and
costs for delivery of such procurements to the Senate Committee
on Commerce, Justice, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure.
SEC. 4. CERTIFICATION.
(a) In General.--After the date of enactment of this Act, a
contract, delivery order, or task order exceeding $10,000,000 for
procurement under, or in support of, the Coast Guard's Integrated
Deepwater Program may not be executed by the Coast Guard until the
Commandant certifies that--
(1) appropriate market research has been conducted prior to
technology development to reduce duplication of existing
technology and products;
(2) the technology has been demonstrated to the maximum
extent practicable in a relevant environment;
(3) the technology demonstrates a high likelihood of
accomplishing its intended mission;
(4) the technology is affordable when considering the per
unit cost and the total procurement cost in the context of the
total resources available during the period covered by the
Integrated Deepwater Program;
(5) the technology is affordable when considering the
ability of the Coast Guard to accomplish its missions using
alternatives, based on demonstrated technology, design, and
knowledge;
(6) funding is available to execute the contract, delivery
order, or task order; and
(7) the technology complies with all relevant policies,
regulations, and directives of the Coast Guard.
(b) Limitation.--Nothing in this section shall prevent the Coast
Guard from executing contracts or issuing delivery orders or task
orders, for research and development or technology demonstrations
under, or in support of, the Integrated Deepwater Program.
(c) Report to Congress.--The Commandant shall transmit a copy of
each certification required under subsection (a) to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure within
30 days after the completion of the certification.
SEC. 5. CONTRACT REQUIREMENTS.
The Commandant shall ensure that any contract, delivery order, or
task order for procurement under, or in support of, the Integrated
Deepwater Program executed by the Coast Guard after the date of
enactment of this Act--
(1) addresses the recommendations related to award fee
determination and award term evaluation made by the Government
Accountability Office in its March, 2004, report entitled Coast
Guard's Deepwater Program Needs Increased Attention to
Management and Contractor Oversight, GAO-04-380, including the
recommendation that any award or incentive fee be tied to
program outcomes;
(2) addresses any subsequent Government Accountability
Office recommendations that are issued at least 30 days prior
to the execution of the contract, delivery order or task order
when such recommendations are relevant to the contract terms;
(3) provides that certification of any Integrated Deepwater
Program procurement for performance, safety, and other relevant
factors determined by the Commandant will be conducted by an
independent third party;
(4) does not include--
(A) provisions that commit the Coast Guard without
express written approval by the Coast Guard; or
(B) any provision allowing for equitable adjustment
that differs from the Federal Acquisition Regulations;
(5) meets the requirements of the Coast Guard Major Systems
Acquisition COMDTINST Manual 5000.10(series); and
(6) for any contract, contract modification, or award term
extending the existing Integrated Deepwater Program contract
term--
(A) is reviewed by, and addresses recommendations
made by, the Under Secretary of Defense for
Acquisition, Technology, and Logistics through the
Defense Acquisition University in its Quick Look Study
dated February 5, 2007; and
(B) does not include any minimum requirements for
the purchase of a given or determinable number of
specific assets.
SEC. 6. IMPROVEMENTS IN COAST GUARD MANAGEMENT.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Commandant shall take action to ensure that--
(1) the measures contained in the Coast Guard's report
entitled Coast Guard: Blue Print for Acquisition Reform are
implemented fully;
(2) any additional measures for improved management
recommended by the Defense Acquisition University in its Quick
Look Study of the United States Coast Guard Deepwater Program,
dated February 5, 2007, are implemented;
(3) integrated product teams, and all higher-level teams
that oversee integrated product teams, are chaired by Coast
Guard personnel; and
(4) the Assistant Commandant for Engineering and Logistics
is designated as the Technical Authority for all design,
engineering, and technical decisions for the Integrated
Deepwater Program.
(b) Transfer.--
(1) In general.--Section 93(a) of title 14, United States
Code, is amended--
(A) by striking ``and'' after the semicolon in
paragraph (23);
(B) by striking ``appropriate.'' in paragraph (24)
and inserting ``appropriate; and''; and
(C) by adding at the end thereof the following:
``(25) notwithstanding any other provision of law, in any
fiscal year transfer funds made available for personnel,
compensation, and benefits from the appropriation account
`Acquisition, Construction, and Improvement' to the
appropriation account `Operating Expenses' for personnel
compensation and benefits and related costs necessary to
execute new or existing procurements of the Coast Guard.''.
(2) Notification.--Within 30 days after making a transfer
under section 93(a)(25) of title 14, United States Code, the
Commandant shall notify the Senate Committee on Commerce,
Science, Transportation and Infrastructure, the Senate
Committee on Appropriations, the House Committee on
Transportation and Infrastructure, and the House Committee on
Appropriations.
SEC. 7. DEPARTMENT OF DEFENSE CONSULTATION.
(a) In General.--The Coast Guard shall make arrangements as
appropriate with the Department of Defense for support in contracting
and management of procurements under the Integrated Deepwater Program.
The Coast Guard shall also seek opportunities to leverage off of
Department of Defense contracts, and contracts of other appropriate
agencies, to obtain the best possible price for Integrated Deepwater
Program assets. No later than one year after the date of enactment of
this Act, the Commandant of the Coast Guard shall provide a report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
on agreements and other arrangements concluded pursuant to this
subsection.
(b) Assessment.--Within 180 days after the date of enactment of
this Act, the Comptroller General shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure that--
(1) contains an assessment of current Coast Guard
acquisition and management capabilities to manage procurements
under or in support of the Integrated Deepwater Program;
(2) includes recommendations as to how the Coast Guard can
improve its acquisition management, either through internal
reforms or by seeking acquisition expertise from the Department
of Defense; and
(3) addresses specifically the question of whether the
Coast Guard can better leverage Department of Defense or other
agencies' contracts that would meet the needs of the Integrated
Deepwater Program in order to obtain the best possible price.
SEC. 8. PROCUREMENT AND REPORT REQUIREMENTS.
(a) Procurement Schedules.--
(1) Budget justification documents.--Each calendar year,
not later than 45 days after the President submits the budget
to Congress under section 1105 of title 31, United States Code,
the Commandant shall submit to Congress budget justification
documents regarding development and procurement schedules for
each asset of the Integrated Deepwater Program for which any
funds for procurement are requested in that budget.
(2) Required documents.--The budget justification documents
required to be submitted under paragraph (1) for each asset for
which funds for procurement are requested in the budget
include--
(A) the development schedule for each asset and
asset class, including estimated annual costs until
development is completed;
(B) the procurement schedule for each asset and
asset class, including estimated annual costs and units
to be procured until procurement is completed;
(C) any variances in schedule or cost from the
schedule and costs described in the plan submitted
under section 3(d); and
(D) a projection of the remaining operational
lifespan of each legacy asset and projected costs for
sustaining such assets.
(b) Quarterly Status Update.--The Commandant shall provide an
update on the status of the Integrated Deepwater Program to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure at the
beginning of the first full fiscal year quarter after the date of
enactment of this Act, and at the beginning of each subsequent fiscal
year quarter.
(c) Reporting on Cost Overruns and Delays.--
(1) Report required.--The Commandant shall submit a report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure as soon as possible, but not
later than 30 days after the Deepwater Program Executive
Officer becomes aware of--
(A) a likely cost overrun greater than 10 percent
of the program acquisition unit cost, the procurement
unit cost, or the life cycle cost of an individual
asset or a class of assets under the Integrated
Deepwater Program; or
(B) a likely delay of more than 6 months in the
delivery schedule for any individual asset or class of
assets under the Integrated Deepwater Program.
(2) Required content.--The report shall include--
(A) a detailed explanation for the variance or
delay;
(B) the current program acquisition unit cost and
the complete history of changes to that cost from the
schedule and costs described in the plan submitted
under section 3(d);
(C) the current procurement unit cost and the
complete history of changes to that cost from the
schedule and costs described in the plan submitted
under section 3(d); and
(D) a full life-cycle cost analysis for each asset
or class of assets for which a report is being
submitted under paragraph (1).
(3) Substantial variances in costs or schedule.--If a
likely cost overrun is greater than 20 percent or a likely
delay is greater than 12 months from the schedule and costs
described in the plan submitted under section 3(d) or, if the
plan has been revised, from the schedule and costs described in
the revised plan, the Commandant shall include in the report
required under paragraph (1) a written certification, with a
supporting explanation, that--
(A) the asset or asset class is essential to the
accomplishment of Coast Guard missions;
(B) there are no alternatives to such asset or
asset class which will provide equal or greater
capability in a more cost-effective and timely manner;
(C) the new estimates of the program acquisition
unit cost or procurement unit cost are reasonable; and
(D) the management structure for the acquisition
program is adequate to manage and control program
acquisition unit cost or procurement unit cost.
(4) Certified assets and asset classes.--If the Commandant
certifies an asset or asset class under paragraph (3), the
requirements of this subsection shall be based on the new
estimates of cost and schedule contained in that certification.
(5) Definitions.--In this subsection:
(A) Life-cycle cost.--The term ``life-cycle cost''
means all costs for development, procurement,
construction, and operations and support for a
particular asset, without regard to funding source or
management control.
(B) Procurement unit cost.--The term ``procurement
unit cost'' means the amount equal to the total of all
funds programmed to be available for obligation for
procurement of a given asset class divided by the
number of assets to be procured.
(C) Program acquisition unit cost.--The term
``program acquisition unit cost'' means the amount
equal to the total cost for development, procurement,
and construction for each class of assets divided by
the total number of assets in each class.
(d) Patrol Boat Report.--Not later than 90 days after the date of
enactment of this Act the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on how the Coast Guard plans to manage the annual readiness gap
of lost time for 110-foot patrol boats from fiscal year 2008 through
fiscal year 2014. The report shall include--
(1) a summary of the patrol hours that will be lost due to
delays in replacing the 110-foot cutters and reduced
capabilities of the 110-foot cutters that have been converted;
(2) an identification of assets that may be used to
alleviate the annual readiness gap of lost time for such patrol
boats;
(3) a projection of the remaining operational lifespan of
the 110-foot patrol boat fleet;
(4) a description of how extending through fiscal year 2014
the transfer agreement between the Coast Guard and the United
States Navy for 5 Cyclone class 179-foot patrol coastal ships
would effect the annual readiness gap of lost time for 110-foot
patrol boats; and
(5) an estimate of the cost to extend the operational
lifespan of the 110-foot patrol boat fleet for each of fiscal
years 2008 through 2014.
(e) Report on C4ISR.--Not later than 90 days after the date of
enactment of this Act, the Commandant shall submit to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure a report
on the manner in which the Coast Guard is resolving the problems and
responding to the recommendations contained in the August 2006
Department of Homeland Security Inspector General Report entitled
Improvements Needed in the Coast Guard's Acquisition and Implementation
of Deepwater Information Technology Systems.
(f) Amendment of 2006 Act.--Section 408(a) of the Coast Guard and
Maritime Transportation Act of 2006 is amended--
(1) by striking paragraphs (1) and (3); and
(2) by redesignating paragraphs (2) and (4) through (8) as
paragraphs (1) through (6), respectively.
SEC. 9. GAO REVIEW AND RECOMMENDATIONS.
(a) Award Fee and Award Term Criteria.--The Coast Guard shall
consult with the Comptroller General to ensure that the Government
Accountability Office's recommendations, in its March, 2004, report
entitled Coast Guard's Deepwater Program Needs Increased Attention to
Management and Contractor Oversight, GAO-04-380, and any subsequent
Government Accountability Office recommendations with respect to award
fee and award term criteria will be addressed to the maximum extent
practicable in any contract, delivery order, or task order or extension
of the existing contract for procurement under or in support of the
Integrated Deepwater Program entered into after the date of enactment
of this Act.
(b) Other Recommendations.--The Commandant shall ensure that all
other recommendations in that report, and any subsequent
recommendations issued before March 1, 2007, are implemented to the
maximum extent practicable by the Coast Guard within 1 year after the
date of enactment of this Act, and implement subsequent recommendations
to the maximum extent practicable as they arise.
(c) GAO Reports on Implementation.--Beginning 6 months after the
date of enactment of this Act, the Comptroller General shall submit an
annual report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the Coast Guard's progress in
implementing the provisions of this Act, the Government Accountability
Office's recommendations, in its March, 2004, report entitled Coast
Guard's Deepwater Program Needs Increased Attention to Management and
Contractor Oversight, GAO-04-380, and any subsequent Government
Accountability Office recommendations issued before March 1, 2007.
SEC. 10. INSPECTOR GENERAL REVIEW OF DEEPWATER PROGRAM.
Not later than 240 days after the date of the enactment of this
Act, the Inspector General of the Department of Homeland Security shall
submit to the Secretary, and to Congress, a report on the acquisition
of assets under the Deepwater program. The report shall include--
(1) a description of each decision, if any, of the Coast
Guard or Integrated Coast Guard Systems relating to the
acquisition of assets under the Deepwater program that directly
or indirectly resulted in cost overruns or program cost
increases to the United States;
(2) an assessment whether any decision covered by paragraph
(1) violated the terms of the contract of Integrated Coast
Guard Systems for the Deepwater program;
(3) an assessment of how much program costs under the
Deepwater program have increased as a result of any such
decision; and
(4) an assessment of whether the Coast Guard or Integrated
Coast Guard Systems is responsible for the payment of any cost
overruns associated with any such decision.
SEC. 11. DEFINITIONS.
In this Act:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the United States Coast Guard.
(2) Integrated deepwater program.--The term ``Integrated
Deepwater Program'' means the Integrated Deepwater Systems
Program described by the Coast Guard in its Report to Congress
on Revised Deepwater Implementation Plan, dated March 25, 2005,
including any subsequent modifications, revisions, or
restatements of the Program.
(3) Procurement.--The term ``procurement'' includes
development, production, sustainment, modification, conversion,
and missionization.
Passed the Senate December 19, 2007.
Attest:
Secretary.
110th CONGRESS
1st Session
S. 924
_______________________________________________________________________
AN ACT
To strengthen the United States Coast Guard's Integrated Deepwater
Program.