USC Subchapter III

USC Subchapter III
in effect

14 U.S.C. § 1151 Restriction on acquisition, procurement, or construction of vessels in foreign shipyards

(a) In General.—Except as provided in subsection (b), the Commandant may not lease, charter, or otherwise procure a vessel which contains a major component of the hull or superstructure constructed in a foreign shipyard. (b) Exceptions.—(1) In general.—The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to do so. (2) Notice.—The President shall transmit notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any such determination made by the President under paragraph (1), and no contract may be awarded pursuant to the exception authorized until the end of the 30-day period beginning on the date the notice of such determination is received by such committees of Congress. (3) Justification.—The notice required under paragraph (2) shall include a written explanation of the national security interest and a detailed summary of market research demonstrating the lack of availability of United States shipyards to meet the Coast Guard requirements consistent with national security interest.

14 U.S.C. § 1152 Advance procurement funding

(a) In General.—With respect to any Coast Guard vessel for which amounts are appropriated and any amounts otherwise made available for vessels for the Coast Guard in any fiscal year, the Commandant may enter into a contract or place an order, in advance of a contract or order for construction of a vessel, for—(1) materials, parts, components, and labor for the vessel; (2) the advance construction of parts or components for the vessel; (3) protection and storage of materials, parts, or components for the vessel; and (4) production planning, design, and other related support services that reduce the overall procurement lead time of the vessel. (b) Use of Materials, Parts, and Components Manufactured in the United States.—In entering into contracts and placing orders under subsection (a), the Commandant may give priority to persons that manufacture materials, parts, and components in the United States.

14 U.S.C. § 1153 Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards

A Coast Guard vessel the home port of which is in the United States or Guam may not be overhauled, repaired, or maintained in a shipyard outside the United States or Guam, other than in the case of voyage repairs.

14 U.S.C. § 1154 Procurement of buoy chain

(a) Except as provided in subsection (b), the Coast Guard may not procure buoy chain—(1) that is not manufactured in the United States; or (2) substantially all of the components of which are not produced or manufactured in the United States. (b) The Coast Guard may procure buoy chain that is not manufactured in the United States if the Secretary determines that—(1) the price of buoy chain manufactured in the United States is unreasonable; or (2) emergency circumstances exist.

14 U.S.C. § 1155 Contract termination

(a) In General.—(1) Notification.—Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of—(A) not less than 1 year after the date of the notification; or (B) the date the Commandant notifies the vendor that maintenance of such work product is no longer required. (b) Work Product Defined.—In this section the term “work product”—(1) means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and (2) includes—(A) any completed end items; (B) any uncompleted end items; and (C) any property in the contractor’s possession in which the United States Government has an interest. (c) Penalty.—A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable. (d) Report.—(1) In general.—Except as provided in paragraph (2), not later than 45 days after the end of each fiscal year the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—(A) all Coast Guard contracts with a total value of more than $1,000,000 that were terminated in the fiscal year; (B) all vendors who were notified under subsection (a)(1) in the fiscal year, and the date of such notification; (C) all criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were initiated by the Coast Guard in the fiscal year; (D) all criminal, administrative, and other investigations regarding contracts with a total value of more than $1,000,000 that were completed by the Coast Guard in the fiscal year; and (E) an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section. (2) Limitation.—The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1).

14 U.S.C. § 1156 Limitation on unmanned aircraft systems

(a) In General.—During any fiscal year for which funds are appropriated for the design or construction of an Offshore Patrol Cutter, the Commandant—(1) may not award a contract for design of an unmanned aircraft system for use by the Coast Guard; and (2) may lease, acquire, or acquire the services of an unmanned aircraft system only if such system—(A) has been part of a program of record of, procured by, or used by a Federal entity (or funds for research, development, test, and evaluation have been received from a Federal entity with regard to such system) before the date on which the Commandant leases, acquires, or acquires the services of the system; and (B) is leased, acquired, or utilized by the Commandant through an agreement with a Federal entity, unless such an agreement is not practicable or would be less cost-effective than an independent contract action by the Coast Guard. (b) Small Unmanned Aircraft Exemption.—Subsection (a)(2) does not apply to small unmanned aircraft. (c) Definitions.—In this section, the terms “small unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49.

14 U.S.C. § 1157 Extraordinary relief

(a) In General.—With respect to any prime contracting entity receiving extraordinary relief pursuant to the Act entitled “An Act to authorize the making, amendment, and modification of contracts to facilitate the national defense”, approved August 28, 1958 (Public Law 85–804; 50 U.S.C. 1432 et seq.) for a major acquisition, the Secretary shall not consider any further request by the prime contracting entity for extraordinary relief under such Act for such major acquisition. (b) Inapplicability to Subcontractors.—The limitation under subsection (a) shall not apply to subcontractors of a prime contracting entity. (c) Quarterly Report.—Not less frequently than quarterly during each fiscal year in which extraordinary relief is approved or provided to an entity under the Act referred to in subsection (a) for the acquisition of Offshore Patrol Cutters, the Commandant shall provide 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 that describes in detail such relief and the compliance of the entity with the oversight measures required as a condition of receiving such relief.

14 U.S.C. § 1158 Authority to enter into transactions other than contracts and grants to procure cost-effective, advanced technology for mission-critical needs

(a) In General.—Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to operate, test, and acquire cost-effective technology for the purpose of meeting the mission needs of the Coast Guard. (b) Operation, Testing, and Acquisition.—Operation, testing, and acquisition of technologies under subsection (a) shall be—(1) carried out in accordance with Coast Guard policies and guidance; and (2) consistent with the operational requirements of the Coast Guard. (c) Limitations.—The Commandant may not enter into a transaction under subsection (a) with respect to a technology that—(1) does not comply with the cybersecurity standards of the Coast Guard; or (2) is sourced from an entity domiciled in the People’s Republic of China, unless the Commandant determines that the prototype or procurement of such a technology is for the purpose of—(A) counter-UAS or surrogate testing; or (B) intelligence, electronic warfare, and information warfare, testing, and analysis. (d) Education and Training.—The Commandant shall ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section are provided adequate education and training with respect to the authority under this section. (e) Regulations.—The Commandant shall prescribe regulations as necessary to carry out this section. (f) Counter-UAS Defined.—In this section, the term “counter-UAS” has the meaning given such term in section 44801 of title 49.

14 U.S.C. § 1159 Floating drydock for United States Coast Guard Yard

(a) In General.—Except as provided in subsection (b), the Commandant, using funds appropriated pursuant to section 1181, may not acquire, procure, or construct a floating dry dock for the Coast Guard Yard. (b) Permissible Acquisition, Procurement, or Construction Methods.—Notwithstanding subsection (a) of this section and section 1105(a), the Commandant may—(1) provide for an entity other than the Coast Guard to contract for the acquisition, procurement, or construction of a floating drydock by contract, purchase, or other agreement; (2) construct a floating drydock at the Coast Guard Yard; or (3) acquire or procure a commercially available floating drydock. (c) Design Standards and Construction Practices.—To the extent practicable, a floating drydock acquired, procured, or constructed under this section shall reflect commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government. (d) Berthing Requirement.—Any floating drydock acquired, procured, or constructed under subsection (b) shall be berthed at the Coast Guard Yard in Baltimore, Maryland, when lifting or maintaining vessels. (e) Floating Drydock Defined.—In this section, the term “floating drydock” means equipment that is—(1) constructed in the United States; and (2) capable of meeting the lifting and maintenance requirements of an Offshore Patrol Cutter or a National Security Cutter.

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