§53403. Award of operating agreements
(a) In General.-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.
(b) Procedure for Applications.-
(1) Eligible vessels.-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.
(2) Establishment of priority.-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-
(A) vessel capabilities, as established by the Secretary of Defense; then
(B) after consideration of vessel type, according to an applicant's record of owning and operating vessels; then
(C) after consideration of ownership and operation, according to such additional priorities as the Secretary of Transportation may consider appropriate.
(3) Concurrence of award.-The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense.
(c) Limitation.-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
(1) for each of fiscal years 2022 and 2023, 10 vessels; and
(2) for any subsequent fiscal year, 20 vessels.
(d) Judicial Review.-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.
(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
.)
Editorial Notes
Amendments
2022-Subsec. (c). Pub. L. 117–263 substituted "The Secretary" for "For any fiscal year, the Secretary" and "more than-" for "more than 10 vessels", designated existing provisions as introductory provisions, and added pars. (1) and (2).