46-U.S.C.-53103
§53103 – Award of Operating Agreements
Pathway
Title 46 > Subtitle V > Part C > Chapter 531 > Section 53103
Details
- Reference: Section 53103
- Legend: §53103 – Award of Operating Agreements
- USCode Year: 2013
Provision Content
(a) In General.—The Secretary shall require, as a condition of including any vessel in the Fleet, that the person that is the owner or operator of the vessel for purposes of section 53102(c) enter into an operating agreement with the Secretary under this section.
(b) Extension of Existing Operating Agreements.—
(1) Offer to extend.—Not later than 60 days after the date of enactment of this paragraph, the Secretary shall offer, to an existing contractor, to extend, through September 30, 2025, an operating agreement that is in existence on the date of enactment of this paragraph. The terms and conditions of the extended operating agreement shall include terms and conditions authorized under this chapter, as amended from time to time.
(2) Time limit.—An existing contractor shall have not later than 120 days after the date the Secretary offers to extend an operating agreement to agree to the extended operating agreement.
(3) Subsequent award.—The Secretary may award an operating agreement to an applicant that is eligible to enter into an operating agreement for fiscal years 2016 through 2025 if the existing contractor does not agree to the extended operating agreement under paragraph (2).
(c) Procedure for Awarding New Operating Agreements.—The Secretary may enter into a new operating agreement with an applicant that meets the requirements of section 53102(c) (for vessels that meet the qualifications of section 53102(b)) on the basis of priority for vessel type established by military requirements of the Secretary of Defense. The Secretary shall allow an applicant at least 30 days to submit an application for a new operating agreement. After consideration of military requirements, priority shall be given to an applicant that is a United States citizen under section 50501 of this title. The Secretary may not approve an application without the consent of the Secretary of Defense. The Secretary shall enter into an operating agreement with the applicant or provide a written reason for denying the application.
(d) Limitation.—The Secretary may not award operating agreements under this chapter that require payments under section 53106 for a fiscal year for more than 60 vessels.
(Added Pub. L. 108–136, div. C, title XXXV, §3531(a), Nov. 24, 2003, 117 Stat. 1808; amended Pub. L. 109–304, §13(a)(2), Oct. 6, 2006, 120 Stat. 1700; Pub. L. 109–364, div. C, title XXXV, §3502(b)(1), Oct. 17, 2006, 120 Stat. 2515; Pub. L. 112–239, div. C, title XXXV, §3508(c), Jan. 2, 2013, 126 Stat. 2224.)
References in Text
The date of enactment of this paragraph, referred to in subsec. (b)(1), probably means the date of enactment of Pub. L. 112–239, which amended subsec. (b) generally and was approved Jan. 2, 2013.
Amendments
2013—Subsec. (b). Pub. L. 112–239, §3508(c)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to procedure for applications.
Subsec. (c). Pub. L. 112–239, §3508(c)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to priority for awarding agreements.
2006—Subsec. (c)(1). Pub. L. 109–304, §13(a)(2)(A)–(C), substituted section 50501 of this title for section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802) in subpars. (A)(iii) and (C)(i) and (ii), applying subparagraph for applying subparagraphs in subpar. (B), and section 50501 for section 2 in subpar. (C) heading.
Subsec. (c)(3)(B). Pub. L. 109–304, §13(a)(2)(D), substituted agreements for agreement.
Subsec. (c)(4)(A). Pub. L. 109–364, §3502(b)(1)(A)–(D), redesignated cls. (i) and (ii) as cl. (i), subcls. (I) and (II), respectively, in subcl. (II) substituted ; or for period at end, and added cl. (ii).
Subsec. (c)(4)(B). Pub. L. 109–364, §3502(b)(1)(E), inserted with respect to which a binding contract is entered into under subparagraph (A)(i) after existing tank vessel.
Subsec. (c)(4)(C), (D). Pub. L. 109–364, §3502(b)(1)(F), added subpars. (C) and (D).
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