117 STAT. 1810
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(D) OTHER ELIGIBLE VESSELS.—Fourth, to the extent amounts are available after applying subparagraphs (A), (B), and (C), for any other vessel that is eligible to be included in the Fleet under section 53102(b). ‘‘(2) REDUCTION IN NUMBER OF SLOTS FOR PARTICIPATING FLEET VESSELS.—The number in paragraph (1)(B) shall be reduced by 1— ‘‘(A) for each participating fleet vessel for which an application for enrollment in the Fleet is not received by the Secretary within the 90-day period beginning on the effective date of this chapter; and ‘‘(B) for each participating fleet vessel for which an application for enrollment in the Fleet received by the Secretary is not approved by the Secretary and the Secretary of Defense within the 90-day period beginning on the date of such receipt. ‘‘(3) DISCRETION WITHIN PRIORITY.—The Secretary— ‘‘(A) subject to subparagraph (B), may award operating agreements within each priority under paragraph (1) as the Secretary considers appropriate; and ‘‘(B) shall award operating agreement within a priority— ‘‘(i) in accordance with operational requirements specified by the Secretary of Defense; ‘‘(ii) in the case of operating agreements awarded under subparagraph (C) or (D) of paragraph (1), according to applicants’ records of owning and operating vessels; and ‘‘(iii) subject to the approval of the Secretary of Defense. ‘‘(4) TREATMENT OF TANK VESSEL TO BE REPLACED.—(A) For purposes of the application of paragraph (1)(A) with respect to the award of an operating agreement, the Secretary may treat an existing tank vessel that is eligible to be included in the Fleet under section 53102(b) as a vessel that is constructed in the United States after the effective date of this chapter, if— ‘‘(i) a binding contract for construction in the United States of a replacement vessel to be operated under the operating agreement is executed by not later than 9 months after the first date amounts are available to carry out this chapter; and ‘‘(ii) the replacement vessel is eligible to be included in the Fleet under section 53102(b). ‘‘(B) No payment under this chapter may be made for an existing tank vessel for which an operating agreement is awarded under this paragraph after the earlier of— ‘‘(i) 4 years after the first date amounts are available to carry out this chapter; or ‘‘(ii) the date of delivery of the replacement tank vessel. ‘‘(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. ‘‘§ 53104. Effectiveness of operating agreements ‘‘(a) EFFECTIVENESS, GENERALLY.—The Secretary may enter into an operating agreement under this chapter for fiscal year
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