Page:United States Statutes at Large Volume 118.djvu/1093

Rh fiscal year 2005. The Secretary of Transportation may transfer from the Federal Aviation Administration and other agencies of the Department funds appropriated as authorized under this section in order to reimburse the Coast Guard for related expenses.

(a) —No later than 180 days after enactment of this Act, the Coast Guard shall provide a written report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with respect to performance under the first term of the Integrated Deepwater System contract.

(b) —The report shall include the following:
 * (1) An analysis of how well the prime contractor has met the two key performance goals of operational effectiveness and minimizing total ownership costs.
 * (2) A description of the measures implemented by the prime contractor to meet these goals and how these measures have been or will be applied for subcontracts awarded during the 5 year term of the contract, as well as criteria used by the Coast Guard to assess the contractor’s performance against these goals.
 * (3) To the extent available, performance and cost comparisons of alternatives examined in implementing the contract.
 * (4) A detailed description of the measures that the Coast Guard has taken to implement the recommendations of the General Accounting Office’s March 2004 report on the Deepwater program (including the development of measurable award fee criteria, improvements to integrated product teams, and a plan for ensuring competition of subcontracts).
 * (5) A description of any anticipated changes to the mix of legacy and replacement assets over the life of the program, including Coast Guard infrastructure and human capital needs for integrating such assets, and a timetable and estimated costs for maintaining each legacy asset and introducing each replacement asset over the life of the contract, including a comparison to any previous estimates of such costs on an asset specific basis.

Section 1153 of title 49, United States Code, is amended by adding at the end the following:

“(d) —If the Commandant of the Coast Guard decides that an order of the Board issued pursuant to a review of a Coast Guard action under section 1133 of this title will have an adverse impact on maritime safety or security, the Commandant may obtain judicial review of the order under subsection (a). The Commandant, in the official capacity of the Commandant, shall be a party to the judicial review proceedings.”.

(a) —The Secretary of the Department in which the Coast Guard is operating shall continue to implement and enforce United States Coast Guard 1997 Enforcement Policy for Cargo Residues on the Great Lakes (hereinafter