PUBLIC LAW 109–364—OCT. 17, 2006
120 STAT. 2515
in obtaining the operating agreement for a vessel that is otherwise eligible to be included in the Fleet under section 53102(b) and meets the requirements of the Department of Defense.’’. (b) MARITIME SECURITY FLEET PROGRAM TANK VESSELS.— (1) IN GENERAL.—Section 53103(c)(4) of title 46, United States Code, is amended— (A) in subparagraph (A)(i) by striking ‘‘(i)’’ and inserting ‘‘(i)(I)’’; (B) in subparagraph (A) by redesignating clause (ii) as subclause (II) of clause (i); (C) in subparagraph (A)(i)(II), as so redesignated, by striking ‘‘53102(b).’’ and inserting ‘‘53102(b); or’’; (D) by inserting after subparagraph (A)(i)(II), as so redesignated, the following: ‘‘(ii)(I) not later than 9 months after the first date amounts are available to carry out this chapter, the operator of the existing tank vessel enters into an agreement to charter one or more tank vessels to be built in the United States and operated as a documented vessel or documented vessels; ‘‘(II) the combined tonnage of the vessels required to be chartered under subclause (I) is equal to or greater than the tonnage of the existing tank vessel subject to an operating agreement; ‘‘(III) the operator enters into an agreement with the Secretary that is substantially the same as an Emergency Preparedness Agreement under section 53107 of this title, under which the operator shall make available commercial transportation resources as provided in that section; ‘‘(IV) if the person that is the owner or operator of the existing tank vessel owns or operates more than one existing tank vessel subject to an operating agreement, the combined tonnage of those vessels required to be chartered under subclause (I) by that person is equal to or greater than the combined tonnage of all such existing tank vessels owned or operated by such person that are subject to operating agreements.’’; (E) in subparagraph (B) by inserting ‘‘with respect to which a binding contract is entered into under subparagraph (A)(i)’’ after ‘‘existing tank vessel’’; and (F) by adding at the end the following: ‘‘(C) For purpose of subparagraph (A)(ii), tonnage shall be measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title. ‘‘(D) No payment under this chapter may be made for an existing tank vessel with respect to which an agreement is entered into under subparagraph (A)(ii) for any period occurring— ‘‘(i) after the date that is 5 years after the first date that amounts became available to carry out this chapter, if the vessel or vessels required to be chartered under subparagraph (A)(ii) have not been delivered; or ‘‘(ii) after delivery of the vessel or vessels required to be chartered under such subparagraph, if any of such vessels is not chartered by the operator of the existing tank vessel.’’.
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