14 U.S.C. § 1156 (COAST GUARD)
§ 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 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).1
(Added Pub. L. 115–282, title III, § 304(b), Dec. 4, 2018, 132 Stat. 4244.)
heading: Editorial Notes
heading: References in Text
text: Section 331 of the FAA Modernization and Reform Act of 2012, referred to in subsec. (c), is section 331 of Pub. L. 112–95, title III, Feb. 14, 2012, 126 Stat. 72, which is set out in a note under section 44802 of Title 49, Transportation.
heading: Statutory Notes
heading: Prohibition on Operation or Procurement of Foreign-Made Unmanned Aircraft Systems
text: Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8414, Jan. 1, 2021, 134 Stat. 4725, provided that:
“(a) Prohibition on Agency Operation or Procurement.—
The Commandant [of the Coast Guard] may not operate or enter into or renew a contract for the procurement of—
“(1) an unmanned aircraft system that—
“(A) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
“(B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
“(C) uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or
“(D) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or
“(2) a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of unmanned aircraft systems.
“(b) Exemption.—
“(1) In general.—
The Commandant is exempt from the restriction under subsection (a) if—
“(A) the operation or procurement is for the purposes of—
“(i) counter-UAS system surrogate testing and training; or
“(ii) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training; or
“(B) the Commandant receives a certification from the Coast Guard unit requesting to operate or procure an unmanned aircraft system otherwise restricted under subsection (a), which shall include supporting manufacturer information, that the unmanned aircraft system does not—
“(i) connect to the internet or an outside telecommunications service;
“(ii) connect to other devices or electronics, except as necessary to perform the mission; or
“(iii) perform any missions in support of classified information or that may threaten national security.
“(2) Expiration.—
The authority under this subsection to operate or procure an unmanned aircraft system otherwise restricted under subsection (a) expires on the date that is 2 years after the date of the enactment of this Act [Jan. 1, 2021].
“(c) Waiver.—
The Commandant may waive the restriction under subsection (a) on a case by case basis by certifying in writing to the Department of Homeland Security and the relevant committees of jurisdiction that the operation or procurement 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 the People’s Republic of China.
“(2) Counter-UAS system.—
The term ‘counter-UAS system’ has the meaning given such term in section 44801 of title 49, United States Code.
“(3) Unmanned aircraft system.—
The term ‘unmanned aircraft system’ has the meaning given such term in section 44801 of title 49, United States Code.”