14 U.S.C. § 1157 — Extraordinary relief

Page 107 TITLE 14—COAST GUARD § 1171 eign country for the detection or identification of un- manned aircraft systems. ‘‘(b) EXEMPTION.—The Commandant is exempt from the restriction under subsection (a) if the operation or procurement is for the purposes of— ‘‘(1) counter-UAS system surrogate testing and training; or ‘‘(2) intelligence, electronic warfare, and informa- tion warfare operations, testing, analysis, and train- ing. ‘‘(c) WAIVER.—The Commandant may waive the re- striction under subsection (a) on a case-by-case basis by certifying in writing not later than 15 days after ex- ercising such waiver to the Department of Homeland Security, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Rep- resentatives that the operation or procurement of a covered unmanned aircraft system is required in the national interest of the United States. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means any of the following: ‘‘(A) The People’s Republic of China. ‘‘(B) The Russian Federation. ‘‘(C) The Islamic Republic of Iran. ‘‘(D) The Democratic People’s Republic of Korea. ‘‘(2) COVERED UNMANNED AIRCRAFT SYSTEM.—The term ‘covered unmanned aircraft system’ means an unmanned aircraft system described in paragraph (1) of subsection (a). ‘‘(3) COUNTER-UAS SYSTEM.—The term ‘counter- UAS system’ has the meaning given such term in sec- tion 44801 of title 49, United States Code. ‘‘(4) UNMANNED AIRCRAFT SYSTEM.—The term ‘un- manned aircraft system’ has the meaning given such term in section 44801 of title 49, United States Code, and any related services and equipment. ‘‘(e) REPLACEMENT.—Not later than 90 days after the date of the enactment of the Don Young Coast Guard Authorization Act of 2022 [Dec. 23, 2022], the Com- mandant shall replace covered unmanned aircraft sys- tems of the Coast Guard with unmanned aircraft sys- tems manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code).’’ § 1157. Extraordinary relief (a) IN GENERAL.—With respect to any prime contracting entity receiving extraordinary relief pursuant to the Act entitled ‘‘An Act to author- ize the making, amendment, and modification of contracts to facilitate the national defense’’, ap- proved 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 extraor- dinary relief under such Act for such major ac- quisition. (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 Cut- ters, the Commandant shall provide to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes in de- tail such relief and the compliance of the entity with the oversight measures required as a condi- tion of receiving such relief. (Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8221(a)(1), Jan. 1, 2021, 134 Stat. 4657.) Editorial Notes REFERENCES IN TEXT An Act to authorize the making, amendment, and modification of contracts to facilitate the national de- fense, referred to in subsec. (a), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§ 1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. § 1158. Authority to enter into transactions other than contracts and grants to procure cost-ef- fective, advanced technology for mission-crit- ical needs (a) IN GENERAL.—Subject to subsections (b) and (c), the Commandant may enter into trans- actions (other than contracts, cooperative agreements, and grants) to operate, test, and ac- quire cost-effective technology for the purpose of meeting the mission needs of the Coast Guard. (b) OPERATION, TESTING, AND ACQUISITION.—Op- eration, 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 require- ments 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 in- formation warfare, testing, and analysis. (d) EDUCATION AND TRAINING.—The Com- mandant shall ensure that management, tech- nical, 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 pre- scribe 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. (Added Pub. L. 117–263, div. K, title CXII, § 11205(a), Dec. 23, 2022, 136 Stat. 4009.) SUBCHAPTER IV—DEFINITIONS Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 108(c)(5), Dec. 4, 2018, 132 Stat. 4210, inserted subchapter IV designation and heading. § 1171. Definitions In this chapter: (1) APPROPRIATE CONGRESSIONAL COMMIT- TEES.—The term ‘‘appropriate congressional