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46 U.S.C. § 53404 — Effectiveness of operating agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the availability of appropriations for such purpose, the Secretary may enter into an operating agreement under this chapter for fiscal year 2022 and any subsequent fiscal year. The agreement shall be effective only for 1 fiscal year, but shall be renewable, subject to the availability of appropriations, for each fiscal year through the end of fiscal year 2040.
**(b) Vessels Under Charter to the United States.—** Any vessel under long term charter to the United States is not eligible to participate in the Fleet.
**(c) Termination.—**
(1) **Termination by secretary for lack of program participant compliance.—** — If the program participant with respect to an operating agreement materially fails to comply with the terms of the agreement—
(A) the Secretary shall notify the program participant and provide a reasonable opportunity to comply with the operating agreement; and
(B) the Secretary shall terminate the operating agreement if the program participant fails to achieve such compliance.
(2) **Termination by program participant.—** — If a program participant provides notice of the intent to terminate an operating agreement under this chapter on a date specified by not later than 60 days prior to the date specified by the program participant for such termination, such agreement shall terminate on the date specified by the program participant.
**(d) Nonrenewal for Lack of Funds.—** If, by the first day of a fiscal year, sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year, then the Secretary shall notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportatio
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Source file: Laws/federal/codes/united-states-code/title-46/section-53404-effectiveness-of-operating-agreements--a96e5d166b.md
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Source location: Title 46, Chapter 534, § 53404; chapter-534-tanker-security-fleet.md
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**(a) In General.—** Subject to the availability of appropriations for such purpose, the Secretary may enter into an operating agreement under this chapter for fiscal year 2022 and any subsequent fiscal year. The agreement shall be effective only for 1 fiscal year, but shall be renewable, subject to the availability of appropriations, for each fiscal year through the end of fiscal year 2040.
**(b) Vessels Under Charter to the United States.—** Any vessel under long term charter to the United States is not eligible to participate in the Fleet.
**(c) Termination.—**
(1) **Termination by secretary for lack of program participant compliance.—** — If the program participant with respect to an operating agreement materially fails to comply with the terms of the agreement—
(A) the Secretary shall notify the program participant and provide a reasonable opportunity to comply with the operating agreement; and
(B) the Secretary shall terminate the operating agreement if the program participant fails to achieve such compliance.
(2) **Termination by program participant.—** — If a program participant provides notice of the intent to terminate an operating agreement under this chapter on a date specified by not later than 60 days prior to the date specified by the program participant for such termination, such agreement shall terminate on the date specified by the program participant.
**(d) Nonrenewal for Lack of Funds.—** If, by the first day of a fiscal year, sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year, then the Secretary shall notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that operating agreements authorized under this chapter for which sufficient funds are not available will not be renewed for that fiscal year if sufficient funds are not appropriated by the 60th day of that fiscal year.
**(e) Release of Vessels From Obligations.—** If funds are not appropriated for payments under an operating agreement under this chapter for any fiscal year by the 60th day of that fiscal year, then—
(1) each vessel covered by the operating agreement is thereby released from any further obligation under the operating agreement;
(2) the program participant for the vessel may transfer and register such vessel under a foreign registry that is acceptable to the Secretary of Transportation and the Secretary of Defense, notwithstanding [section 56101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section56101&num=0&edition=prelim); and
(3) if chapter 563 of this title is applicable to the vessel after registration, then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restrictions.—**
(1) **In General.—** — Except as otherwise provided in this section, [section 12119 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12119&num=0&edition=prelim), or section 611 of the Merchant Marine Act, 1936, a person may not, without the approval of the Secretary of Transportation—
(A) sell, lease, charter, deliver, or in any other manner transfer, or agree to sell, lease, charter, deliver, or in any other manner transfer, to a person not a citizen of the United States, an interest in or control of—
(i) a documented vessel owned by a citizen of the United States; or
(ii) a vessel last documented under the laws of the United States; or
(B) place under foreign registry, or operate under the authority of a foreign country, a documented vessel or a vessel last documented under the laws of the United States.
(2) **Exceptions.—** — Paragraph (1)(A) does not apply to a vessel that has been operated only for pleasure or only as a fishing vessel, fish processing vessel, or fish tender vessel (as defined in [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)).
**(b) Approval Before Documentation.—** To promote financing with respect to a vessel to be documented under chapter 121 of this title, the Secretary may grant approval under subsection (a) before the vessel is documented.
**(c) Exceptions.—** Notwithstanding any other provision of this subtitle, the Merchant Marine Act, 1936, or any contract with the Secretary made under this subtitle or that Act, a person may place a vessel under foreign registry without the approval of the Secretary if—
(1)
(A) the Secretary, in conjunction with the Secretary of Defens
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 56101
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Federal law — U.S. Code and appendices · legal_authorities
Page 421
TITLE 46—SHIPPING
§ 53404
1 So in original. The period probably should not appear.
certification from a foreign classification so-
ciety under subparagraph (A) only—
(i) to the extent that the government of
the foreign country in which the society is
headquartered provides access on a recip-
rocal basis to the American Bureau of
Shipping; and
(ii) if the foreign classification society
has offices and maintains records in the
United States.
(Added Pub. L. 116–283, div. C, title XXXV,
§ 3511(a), Jan. 1, 2021, 134 Stat. 4409.)
Statutory Notes and Related Subsidiaries
DEADLINE FOR ACCEPTING APPLICATIONS
Pub. L. 116–283, div. C, title XXXV, § 3511(c), Jan. 1,
2021, 134 Stat. 4419, provided that:
‘‘(1) IN
GENERAL.—The Secretary of Transportation
shall begin accepting applications for enrollment of
vessels in the Tanker Security Fleet established under
chapter 534 of title 46, United States Code, as added by
subsection (a), by not later than 60 days after the date
of the enactment of this title [Jan. 1, 2021].
‘‘(2) APPROVAL.—Not later than 90 days after receipt
of an application for the enrollment of a vessel in the
Tanker Security Fleet, the Secretary of Transpor-
tation, in coordination with the Secretary of Defense
shall—
‘‘(A) approve the application and enter into an op-
erating agreement with the applicant; or
‘‘(B) provide to the applicant a written explanation
for the denial of the application.
‘‘(3)
VESSELS
OPERATING
IN
MARITIME
SECURITY
FLEET.—Notwithstanding the requirements of section
53402(b) of title 46, United States Code, the Secretary of
Transportation shall approve an application submitted
under chapter 534 of title 46, United State Code, for a
product tank vessel for which there is, on the date of
enactment of this t
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 53404
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