2008 appropiations coast guard authorization act of 2008

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House Report 110-604 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2830) TOAUTHORIZE APPROPRIATIONS FOR THE COAST GUARD FOR FISCAL YEAR 2008, AND

FOR OTHER PURPOSES

SEC. 719. SEAMEN'S SHORESIDE ACCESS.

Each facility security plan approved under section 70103(c) of title 46, United States Code, shallprovide a system for seamen assigned to a vessel at that facility, pilots, and representatives ofseamen's welfare and labor organizations to board and depart the vessel through the facility in atimely manner at no cost to the individual.

SEC. 720. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GASTERMINALS AND LIQUEFIED NATURAL GAS TANKERS.

(a) Enforcement of Security Zones- Consistent with other provisions of law, any security zoneestablished by the Coast Guard around a tanker containing liquified natural gas shall be enforcedby the Coast Guard. If the Coast Guard must enforce multiple simultaneous security zones, theCoast Guard shall allocate resources so as to deter to the maximum extent practicable atransportation security incident (as that term is defined in sectin 70101 of title 46, United StatesCode).

(b) Limitation on Reliance on State and Local Government- Any security arrangement approvedas part of a facility security plan approved after the date of enactment of this Act under section

70103 of title 46, United States Code, for a liquefied natural gas terminal on or adjacent to thenavigable waters of the United States, or to assist in the enforcement of any security zoneestablished by the Coast Guard around a tanker containing liquefied natural gas, may not be basedupon the provision of security by a State or local government unless the State or local governmenthas entered into a contract, cooperative agreement, or other arrangement with the terminaloperator to provide such services and the Secretary of the department in which the Coast Guard isoperating, acting through the Commandant of the Coast Guard, ensures that the waterborne patrolsoperated as part of that security arrangement by a State or local government have the training,resources, personnel, equipment, and experience necessary to deter to the maximum extent

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practicable a transportation security incident (as that term is defined in section 70101 of title 46,United States Code).

(c) Determination Required for New Lng Terminals- The Secretary of the department in which theCoast Guard is operating, acting through the Commandant of the Coast Guard, may not approve afacility security plan under section 70103 of title 46, United States Code, for a new liquefiednatural gas terminal the construction of which is begun after the date of enactment of this Act

unless the Secretary determines that the Coast Guard has available to the sector in which theterminal is located the resources it needs to carry out the navigation and maritime security riskmanagement measures identified in the waterway suitability report prepared pursuant to the Portsand Waterways Safety Act.

TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM

SEC. 801. SHORT TITLE.

This title may be cited as the `Integrated Deepwater Program Reform Act'.

SEC. 802. IMPLEMENTATION OF COAST GUARD INTEGRATED DEEPWATERACQUISITION 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 notuse a private sector entity as a lead systems integrator for procurements under, or in supportof, the Deepwater Program beginning on the earlier of October 1, 2011, or the date onwhich the Secretary certifies in writing to the Committee on Transportation andInfrastructure and the Committee on Homeland Security of the House of Representativesand the Committee on Commerce, Science, and Transportation of the Senate that the Coast

Guard has available and can retain sufficient contracting personnel and expertise within theCoast Guard, through an arrangement with other Federal agencies, or through contracts orother arrangements with private sector entities, to perform the functions and responsibilitiesof the lead system integrator in an efficient and cost-effective manner.

(2) COMPLETION OF EXISTING DELIVERY ORDERS AND TASK ORDERS- TheSecretary may use a private sector entity as a lead systems integrator to complete anydelivery order or task order under the Deepwater Program that was issued to the leadsystems integrator on or before the date of enactment of this Act.

(3) ASSISTANCE OF OTHER FEDERAL AGENCIES- In any case in which the Secretaryis the systems integrator under the Deepwater Program, the Secretary may obtain any typeof assistance the Secretary considers appropriate, with any systems integration functions,from any Federal agency with experience in systems integration involving maritime vesselsand aircraft.

(4) ASSISTANCE OF PRIVATE SECTOR ENTITIES- In any case in which the Secretaryis the systems integrator under the Deepwater Program, the Secretary may, subject to theavailability of appropriations, obtain by grant, contract, or cooperative agreement any typeof assistance the Secretary considers appropriate, with any systems integration functions,from any private sector entity with experience in systems integration involving maritime

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vessels and aircraft.

(b) Competition-

(1) IN GENERAL- Except as otherwise provided in this subsection, the Secretary shall usefull and open competition for each class of asset acquisitions under the Deepwater Programfor which an outside contractor is used, if the asset is procured directly by the Coast Guard

or by the Integrated Coast Guard System acting under a contract with the Coast Guard.

(2) EXCEPTION- The Secretary may use a procurement method that is less than full andopen competition to procure an asset under the Deepwater Program, if--

(A) the Secretary determines that such method is in the best interests of the FederalGovernment; and

(B) by not later than 30 days before the date of the award of a contract for theprocurement, the Secretary submits to the Committee on Transportation andInfrastructure and the Committee on Homeland Security of the House of

Representatives and the Committee on Commerce, Science, and Transportation of theSenate a report explaining why such procurement is in the best interests of the FederalGovernment.

(3) LIMITATION ON APPLICATION- Paragraph (1) shall not apply to a contract,subcontract, or task order that was issued before the date of enactment of this Act, if there isno change in the quantity of assets or the specific type of assets procured.

(c) Required Contract Terms- The Secretary shall include in each contract, subcontract, and taskorder issued under the Deepwater Program after the date of enactment of this Act the followingprovisions, as applicable:

(1) TECHNICAL REVIEWS- A requirement that the Secretary shall conduct a technicalreview of all proposed designs, design changes, and engineering changes, and a requirementthat the contractor must specifically address all engineering concerns identified in thetechnical reviews, before any funds may be obligated.

(2) RESPONSIBILITY FOR TECHNICAL REQUIREMENTS- A requirement that theSecretary shall maintain the authority to establish, approve, and maintain technicalrequirements.

(3) COST ESTIMATE OF MAJOR CHANGES- A requirement that an independent costestimate must be prepared and approved by the Secretary before the execution of any

change order costing more than 5 percent of the unit cost approved in the DeepwaterProgram baseline in effect as of May 2007.

(4) PERFORMANCE MEASUREMENT- A requirement that any measurement ofcontractor and subcontractor performance must be based on the status of all workperformed, including the extent to which the work performed met all cost, schedule, andmission performance requirements outlined in the Deepwater Program contract.

(5) EARLY OPERATIONAL ASSESSMENT- For the acquisition of any cutter class for

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which an Early Operational Assessment has not been developed--

(A) a requirement that the Secretary of the Department in which the Coast Guard isoperating shall cause an Early Operational Assessment to be conducted by theDepartment of the Navy after the development of the preliminary design of the cutterand before 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 findingspresented in the Early Operational Assessment.

(6) TRANSIENT ELECTROMAGNETIC PULSE EMANATION- For the acquisition orupgrade of air, surface, or shore assets for which compliance with transient electromagneticpulse emanation (TEMPEST) is a requirement, a provision specifying that the standard fordetermining such compliance shall be the air, surface, or shore asset standard then used bythe Department of the Navy.

(7) OFFSHORE PATROL CUTTER UNDERWAY REQUIREMENT- For any contractissued to acquire an Offshore Patrol Cutter, provisions specifying the service life, fatigue

life, days underway in general Atlantic and North Pacific Sea conditions, maximum range,and maximum speed the cutter shall be built to achieve.

(8) INSPECTOR GENERAL ACCESS- A requirement that the Department of HomelandSecurity's Office of the Inspector General shall have access to all records maintained by allcontractors working on the Deepwater Program, and shall have the right to privatelyinterview any contractor personnel.

(d) Life Cycle Cost Estimate-

(1) IN GENERAL- The Secretary shall develop an authoritative life cycle cost estimate forthe Deepwater Program.

(2) CONTENTS- The life cycle cost estimate shall include asset acquisition and logisticssupport decisions and planned operational tempo and locations as of the date of enactmentof this Act.

(3) SUBMITTAL- The Secretary shall--

(A) submit the life cycle cost estimate to the Committee on Transportation andInfrastructure and the Committee on Homeland Security of the House ofRepresentatives and the Committee on Commerce, Science, and Transportation of theSenate within 4 months after the date of enactment of this Act; and

(B) submit updates of the life cycle cost estimate to such Committees annually.

(e) Contract Officers- The Secretary shall assign a separate contract officer for each class of cutterand aircraft acquired or rehabilitated under the Deepwater Program, including the NationalSecurity Cutter, the Offshore Patrol Cutter, the Fast Response Cutter A, the Fast Response CutterB, maritime patrol aircraft, the aircraft HC-130J, the helicopter HH-65, the helicopter HH-60, andthe vertical unmanned aerial vehicle.

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(f) Technology Risk Report- The Secretary shall submit to the Committee on Transportation andInfrastructure and the Committee on Homeland Security of the House of Representatives and theCommittee on Commerce, Science, and Transportation of the Senate a report identifying thetechnology risks and level of maturity for major technologies used on each class of assetacquisitions under the Deepwater Program, including the Fast Response Cutter A (FRC-A), theFast Response Cutter B (FRC-B), the Offshore Patrol Cutter (OPC), and the Vertical UnmannedAerial 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 CoastGuard shall submit to the Committee on Transportation and Infrastructure and the Committee onHomeland Security of the House of Representatives and the Committee on Commerce, Science,and Transportation of the Senate--

(1) the results of each Early Operational Assessment conducted pursuant to subsection (c)(5)(A) and the plan approved by the Commandant pursuant to subsection (c)(5)(B) foraddressing the findings of such assessment, within 30 days after the Commandant approvesthe plan; and

(2) a report describing how the recommendations of each Early Operational Assessmentconducted pursuant to subsection (c)(5)(A) on the first in class of a new cutter class havebeen addressed in the design on which construction is to begin, within 30 days beforeinitiation of construction.

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2008 appropiations coast guard authorization act of 2008

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