14 U.S.C. § 1137 — Contracting for major acquisitions pro-

Page 104 TITLE 14—COAST GUARD § 1137 Act (41 U.S.C. 414) and related implementing regulations and directives. (Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2948, § 576; renumbered § 1136, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.) Editorial Notes REFERENCES IN TEXT Section 16 of the Office of Federal Procurement Pol- icy Act, referred to in par. (2), is section 16 of Pub. L. 93–400, which was classified to section 414 of former Title 41, Public Contracts, and was repealed and reen- acted as section 1702 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 576 of this title as this section. § 1137. Contracting for major acquisitions pro- grams (a) IN GENERAL.—In carrying out authorities provided to the Secretary to design, construct, accept, or otherwise acquire assets and systems under section 501(d), the Secretary, acting through the Commandant or the head of an inte- grated program office established for a major acquisition program, may enter into contracts for a major acquisition program and 3 Polar Se- curity Cutters in addition to those approved as part of a major acquisition program on Novem- ber 1, 2019. (b) AUTHORIZED METHODS.—Contracts entered into under subsection (a)— (1) may be block buy contracts; (2) may be incrementally funded; (3) may include combined purchases, also known as economic order quantity purchases, of— (A) materials and components; and (B) long lead time materials; and (4) as provided in section 3501 of title 10, may be multiyear contracts. (c) SUBJECT TO APPROPRIATIONS.—Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of amounts specifically pro- vided in advance for that purpose in subsequent appropriations Acts. (Added Pub. L. 115–282, title III, § 311(b), Dec. 4, 2018, 132 Stat. 4249; amended Pub. L. 116–283, div. G, title LVXXXI [LXXXI], § 8111(b), Jan. 1, 2021, 134 Stat. 4639; Pub. L. 117–81, div. A, title XVII, § 1702(d)(2), Dec. 27, 2021, 135 Stat. 2156.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘and 3 Polar Security Cutters in addition to those approved as part of a major acquisition program on November 1, 2019’’ before period at end. Subsec. (b)(4). Pub. L. 117–81 substituted ‘‘section 3501’’ for ‘‘section 2306b’’. Statutory Notes and Related Subsidiaries INTERNAL REGULATIONS AND POLICY Pub. L. 115–282, title III, § 311(e), Dec. 4, 2018, 132 Stat. 4249, provided that: ‘‘Not later than 180 days after the date of enactment of this Act [Dec. 4, 2018], the Sec- retary of the department in which the Coast Guard is operating shall establish the internal regulations and policies necessary to exercise the authorities provided under this section [enacting this section, amending sec- tion 501 of this title, enacting provisions set out as a note under section 1133 of this title, amending provi- sions formerly set out as a note under former section 573 of this title, and repealing provisions set out as notes under former sections 87 and 577 of this title], in- cluding the amendments made in this section.’’ SUBCHAPTER III—PROCUREMENT Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 108(c)(4), Dec. 4, 2018, 132 Stat. 4210, inserted subchapter III designation and heading. Statutory Notes and Related Subsidiaries PROHIBITION ON MAJOR ACQUISITION CONTRACTS WITH ENTITIES ASSOCIATED WITH CHINESE COMMUNIST PARTY Pub. L. 117–263, div. K, title CXII, § 11267, Dec. 23, 2022, 136 Stat. 4063, provided that: ‘‘(a) IN GENERAL.—The Commandant [of the Coast Guard] may not award any major acquisition contract until the Commandant receives a certification from the party that it has not, during the 10-year period pre- ceding the planned date of award, directly or indirectly held an economic interest in an entity that is— ‘‘(1) owned or controlled by the People’s Republic of China; and ‘‘(2) part of the defense industry of the Chinese Communist Party. ‘‘(b) INAPPLICABILITY TO TAIWAN.—Subsection (a) shall not apply with respect to an economic interest in an entity owned or controlled by Taiwan.’’ § 1151. Restriction on construction of vessels in foreign shipyards (a) Except as provided in subsection (b), no Coast Guard vessel, and no major component of the hull or superstructure of a Coast Guard ves- sel, may be constructed in a foreign shipyard. (b) The President may authorize exceptions to the prohibition in subsection (a) when the Presi- dent determines that it is in the national secu- rity interest of the United States to do so. The President shall transmit notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date the notice of such determination is re- ceived by Congress. (Added Pub. L. 100–448, § 26(a), Sept. 28, 1988, 102 Stat. 1847, § 665; renumbered § 1151, Pub. L. 115–282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 665 of this title as this section. § 1152. Advance procurement funding (a) IN GENERAL.—With respect to any Coast Guard vessel for which amounts are appro- priated and any amounts otherwise made avail- able for vessels for the Coast Guard in any fiscal year, the Commandant may enter into a con-