Sec. 3508. EXTENSION OF MARITIME SECURITY FLEET PROGRAM
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## SEC. 3508 EXTENSION OF MARITIME SECURITY FLEET PROGRAM ###
(a)Definitions Section 53101 of title 46, United States Code, is amended— ####
(1)by amending paragraph
(4)to read as follows: > > #### “(4) Foreign commerce > > The term ‘foreign commerce’ means— > > > ##### “(A) > > commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and > > > ##### “(B) > > commerce or trade between foreign countries.” > ; ####
(2)by striking paragraph (5); ####
(3)by redesignating paragraphs
(6)through
(13)as paragraphs
(5)through (12), respectively; and ####
(4)by amending paragraph (5), as so redesignated, to read as follows: > > #### “(5) Participating fleet vessel > > The term ‘participating fleet vessel’ means any vessel that— > > > ##### “(A) > > on October 1, 2015— > > > ###### “(i) > > meets the requirements of paragraph (1), (2), (3), or
(4)of section 53102(c); and > > > ###### “(ii) > > is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and > > > ##### “(B) > > on December 31, 2014, is covered by an operating agreement under this chapter.” > . ###
(b)Vessel Eligibility Section 53102(b) of such title is amended to read as follows: > > ### “(b) Vessel Eligibility > > A vessel is eligible to be included in the Fleet if— > > > #### “(1) > > the vessel meets the requirements of paragraph (1), (2), (3), or
(4)of subsection (c); > > > #### “(2) > > the vessel is operated (or in the case of a vessel to be constructed, will be operated) in providing transportation in foreign commerce; > > > #### “(3) > > the vessel is self-propelled and— > > > ##### “(A) > > is a tank vessel that is 10 years of age or less on the date the vessel is included in the Fleet; or > > > ##### “(B) > > is any other type of vessel that is 15 years of age or less on the date the vessel is included in the Fleet; > > > #### “(4) > > the vessel— > > > ##### “(A) > > is suitable for use by the United States for national defense or military purposes in time of war or national emergency, as determined by the Secretary of Defense; and > > > ##### “(B) > > is commercially viable, as determined by the Secretary; and > > > #### “(5) > > the vessel— > > > ##### “(A) > > is a United States-documented vessel; or > > > ##### “(B) > > is not a United States-documented vessel, but— > > > ###### “(i) > > the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of this title if it is included in the Fleet; and > > > ###### “(ii) > > at the time an operating agreement for the vessel is entered into under this chapter, the vessel is eligible for documentation under chapter 121 of this title.” > . ###
(c)Operating Agreements Section 53103 of such title is amended— ####
(1)by amending subsection
(b)to read as follows: > > ### “(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).” > ; and ####
(2)by amending subsection
(c)to read as follows: > > ### “(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)Repeal of Early Termination by Contractor Section 53104 of such title is amended— ####
(1)in subsection (c), by striking paragraph (3); and ####
(2)in subsection (e), by striking “an operating agreement under this chapter is terminated under subsection (c)(3), or if”. ###
(e)Transfer of Operating Agreements Section 53105 of such title is amended— ####
(1)by amending subsection
(e)to read as follows: > > ### “(e) Transfer of Operating Agreements > > A contractor under an operating agreement may transfer the agreement (including all rights and obligations under the operating agreement) to any person that is eligible to enter into the operating agreement under this chapter if the Secretary and the Secretary of Defense determine that the transfer is in the best interests of the United States. A transaction shall not be considered a transfer of an operating agreement if the same legal entity with the same vessels remains the contracting party under the operating agreement.” > ; and ####
(2)by amending subsection
(f)to read as follows: > > ### “(f) Replacement Vessels > > A contractor may replace a vessel under an operating agreement with another vessel that is eligible to be included in the Fleet under section 53102(b), if the Secretary, in conjunction with the Secretary of Defense, approves the replacement of the vessel.” > . ###
(f)Payments Section 53106 of such title is amended— ####
(1)in subsection (a)(1), by striking “ and ” after the semicolon at the end of subparagraph (B), and by striking subparagraph
(C)and inserting the following: > > ##### “(C) > > $3,100,000 for each of fiscal years 2012, 2013, 2014, 2015, 2016, 2017, and 2018; > > > ##### “(D) > > $3,500,000 for each of fiscal years 2019, 2020, and 2021; and > > > ##### “(E) > > $3,700,000 for each of fiscal years 2022, 2023, 2024, and 2025.” > ; ####
(2)in subsection (c)(3)(C), by striking “a LASH vessel.” and inserting “a lighter aboard ship vessel.”; and ####
(3)by striking subsection (f). ###
(g)Emergency Preparedness Agreements Section 53107(b)(1) of such title is amended to read as follows: > > #### “(1) In general > > An Emergency Preparedness Agreement under this section shall require that a contractor for a vessel covered by an operating agreement under this chapter shall make commercial transportation resources (including services) available, upon request by the Secretary of Defense during a time of war or national emergency, or whenever the Secretary of Defense determines that it is necessary for national security or contingency operation (as that term is defined in section 101 of title 10, United States Code).” > . ###
(h)Repeal of Waiver of Age Restriction Section 53109 of such title is repealed. ###
(i)Authorization of Appropriations Section 53111 of such title is amended— ####
(1)by striking “and” at the end of paragraph (2); and ####
(2)by amending paragraph
(3)to read as follows: > > #### “(3) > > $186,000,000 for each of fiscal years 2012, 2013, 2014, 2015, 2016, 2017, and 2018; > > > #### “(4) > > $210,000,000 for each of fiscal years 2019, 2020, and 2021; and > > > #### “(5) > > $222,000,000 for each fiscal year thereafter through fiscal year 2025.” > . ###
(j)Effective Date of Amendments **[**[46 U.S.C. 53101 note](/us/usc/t46/s53101)**]** The amendments made by— ####
(1)paragraphs (2), (3), and
(4)of subsection
(a)take effect on December 31, 2014; and ####
(2)subsection (f)(2) take effect on December 31, 2014.
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Sec. 3508
EXTENSION OF MARITIME SECURITY FLEET PROGRAM
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