46 U.S.C. § 53403 — Award of operating agreements
submitted 5 years ago by Pub. L. 116-283 to r/title-46-SHIPPING · 281 words · no verdicts yet
This section requires Tanker Security Fleet operating agreements and sets priorities, limits, and judicial review.
(a) Transportation must require a Fleet vessel’s program participant* to enter an agreement. (b) (1) It may accept an eligible product-tank-vessel* application under (2) only from a person* authorized to make an agreement. (2) Transportation may make an agreement with an applicant meeting section 53402(c) for a vessel meeting 53402(b), and must prioritize: (A) capabilities set by Defense; then (B) after vessel type, the applicant’s vessel ownership and operation record; then (C) after ownership and operation, other priorities Transportation considers appropriate. (3) Defense must concur. (c) Agreements requiring section 53406 payments may cover no more than 10 vessels in each of fiscal years 2022 and 2023 and 20 in any later fiscal year. (d) No court may review the Secretary’s award or non-award decision.
The Secretary* of Transportation shall require, as a condition of including any vessel* in the Fleet, that the program participant* of the vessel enter into an operating agreement with the Secretary under this section.
The Secretary of Transportation shall accept an application for an operating agreement for an eligible product tank vessel* under the priority under paragraph (2) only from a person* that has authority to enter into an operating agreement under this chapter.
The Secretary of Transportation may enter into a new operating agreement with an applicant that meets the requirements of section 53402(c) for a vessel that meets the qualifications of section 53402(b), and shall give priority to applications based on—
vessel capabilities, as established by the Secretary of Defense; then
after consideration of vessel type, according to an applicant’s record of owning and operating vessels; then
after consideration of ownership and operation, according to such additional priorities as the Secretary of Transportation may consider appropriate.
The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense.
The Secretary of Transportation may not award operating agreements under this chapter that require payments under section 53406 of this title for more than—.1
for each of fiscal years 2022 and 2023, 10 vessels; and
for any subsequent fiscal year, 20 vessels.
No court shall have jurisdiction to review the Secretary’s decision with respect to the award or non-award of an operating agreement issued under this chapter.
Source credit: (Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4412; amended Pub. L. 117–263, div. C, title XXXV, § 3501(b)(2), Dec. 23, 2022, 136 Stat. 3064.)
- 2021Enacted · Pub. L. 116-283 · 134 Stat. 4412
- 2022Amended · Pub. L. 117-263 · 136 Stat. 3064
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-283 on 2021-01-01.
all 0 arguments · sorted by: best
no arguments yet — make the first case