USC Subchapter III

USC Subchapter III
in effect

33 U.S.C. § 891 Definitions

In this subchapter, the term— (1) “NOAA” means the National Oceanic and Atmospheric Administration within the Department of Commerce. (2) “NOAA fleet” means the fleet of research vessels owned or operated by NOAA. (3) “Plan” means the NOAA Fleet Replacement and Modernization Plan described in section 891b of this title. (4) “Secretary” means the Secretary of Commerce. (5) “UNOLS” means University-National Oceanographic Laboratory System.

33 U.S.C. § 891a Operation and maintenance of NOAA fleet

The Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this subchapter.

33 U.S.C. § 891b Fleet replacement and modernization Plan

(a) In generalTo carry out the program authorized in section 891a of this title, the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after December 18, 2025, and every 2 years thereafter. (b) Plan elementsThe Plan required in subsection (a) shall include the following—(1) the number of vessels in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels; (2) a plan with respect to operation, maintenance, and replacement of vessels described in paragraph (1), including the schedule for maintenance or replacement and anticipated funding requirements; (3) the number of vessels proposed to be constructed by NOAA; (4) the number of vessels proposed to be acquired, leased, or chartered by NOAA; (5) the number of vessels, or days at sea, that can be obtained by using the vessels of the UNOLS; (6) the number of vessels that will be made available to NOAA by the Secretary of the Navy, the Director of the National Science Foundation, or any other Federal official, and the terms and conditions for the availability of those vessels; (7) the proposed acquisition of modern scientific instrumentation for the NOAA fleet, including acoustic systems, data transmission positioning and communication systems, physical, chemical, and meteorological oceanographic systems, and data acquisition and processing systems; (8) a plan for using small vessels, uncrewed systems, and partnerships to augment the requirements of NOAA for days at sea; (9) the number of officers of the NOAA commissioned officer corps and professional wage mariners needed to operate and maintain the NOAA fleet, including the vessels identified under paragraph (3); and (10) current and potential challenges with meeting the requirements under paragraph (9) and proposed solutions to those challenges. (c) Vessel procurement approvalThe National Oceanic and Atmospheric Administration may not procure vessels that are more than 65 feet in length without the approval of the Assistant Administrator of NOAA for Marine and Aviation Operations.

33 U.S.C. § 891c Design of NOAA vessels

(a) Design requirementExcept for the vessel designs identified under subsection (b), the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall—(1) prepare requirements for each class of vessel to be constructed or converted under the Plan; and (2) contract competitively from nongovernmental entities with expertise in shipbuilding for vessel design and construction based on the requirements for each class of vessel to be acquired. (b) ExceptionThe Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives, as part of the annual update of the Plan required in section 891b of this title, any existing vessel design or design proposals that meet the requirements of the Plan.

33 U.S.C. § 891d Contract authority

(a) Multiyear contracts(1) In generalSubject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31 and subsections (a) and (b) of section 6301 of title 41, the Secretary may acquire vessels for the NOAA fleet by purchase, lease, lease-purchase, or otherwise, under one or more multiyear contracts. (2) Required findingsThe Secretary may not enter into a contract pursuant to this subsection unless the Secretary finds with respect to that contract that—(A) there is a reasonable expectation that throughout the contemplated contract period the Secretary will request from Congress funding for the contract at the level required to avoid contract termination; and (B) the use of the contract will promote the best interests of the United States by encouraging competition and promoting economic efficiency in the operation of the NOAA fleet. (3) Required contract provisionsThe Secretary may not enter into a contract pursuant to this subsection unless the contract includes—(A) a provision under which the obligation of the United States to make payments under the contract for any fiscal year is subject to the availability of appropriations provided in advance for those payments; (B) a provision that specifies the term of effectiveness of the contract; and (C) appropriate provisions under which, in case of any termination of the contract before the end of the term specified pursuant to subparagraph (B), the United States shall only be liable for the lesser of—(i) an amount specified in the contract for such a termination; or (ii) amounts that—(I) were appropriated before the date of the termination for the performance of the contract or for procurement of the type of acquisition covered by the contract; and (II) are unobligated on the date of the termination. (b) Service contractsNotwithstanding any other provision of law, the Secretary may enter into multiyear contracts for oceanographic research, fisheries research, and mapping and charting services to assist the Secretary in fulfilling NOAA missions. The Secretary may only enter into these contracts if—(1) the Secretary finds that it is in the public interest to do so; (2) the contract is for not more than 7 years; and (3)(A) the cost of the contract is less than the cost (including the cost of operation, maintenance, and personnel) to the NOAA of obtaining those services on NOAA vessels; or (B) NOAA vessels are not available or cannot provide those services. (c) Bonding authorityNotwithstanding any other law, the Secretary may not require a contractor for the construction, alteration, repair or maintenance of a NOAA vessel to provide a bid bond, payment bond, performance bond, completion bond, or other surety instrument in an amount greater than 20 percent of the value of the base contract quantity (excluding options) unless the Secretary determines that requiring an instrument in that amount will not prevent a responsible bidder or offeror from competing for the award of the contract.

33 U.S.C. § 891e Restriction with respect to certain shipyard subsidies

(a) In generalThe Secretary of Commerce may not award a contract for the construction, repair (except emergency repairs), or alteration of any vessel of the National Oceanic and Atmospheric Administration in a shipyard, if that vessel benefits or would benefit from significant subsidies for the construction, repair, or alteration of vessels in that shipyard. (b) “Significant subsidy” definedIn this section, the term “significant subsidy” includes, but is not limited to, any of the following:(1) Officially supported export credits. (2) Direct official operating support to the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to—(A) grants; (B) loans and loan guarantees other than those available on the commercial market; (C) forgiveness of debt; (D) equity infusions on terms inconsistent with commercially reasonable investment practices; and (E) preferential provision of goods and services. (3) Direct official support for investment in the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to the kinds of support listed in paragraph (2)(A) through (E), and any restructuring support, except public support for social purposes directly and effectively linked to shipyard closures. (4) Assistance in the form of grants, preferential loans, preferential tax treatment, or otherwise, that benefits or is directly related to shipbuilding and repair for purposes of research and development that is not equally open to domestic and foreign enterprises. (5) Tax policies and practices that favor the shipbuilding and repair industry, directly or indirectly, such as tax credits, deductions, exemptions, and preferences, including accelerated depreciation, if such benefits are not generally available to persons or firms not engaged in shipbuilding or repair. (6) Any official regulation or practice that authorizes or encourages persons or firms engaged in shipbuilding or repair to enter into anticompetitive arrangements. (7) Any indirect support directly related, in law or in fact, to shipbuilding and repair at national yards, including any public assistance favoring shipowners with an indirect effect on shipbuilding or repair activities, and any assistance provided to suppliers of significant inputs to shipbuilding, which results in benefits to domestic shipbuilders. (8) Any export subsidy identified in the Illustrative List of Export Subsidies in the Annex to the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19, or any other export subsidy prohibited by that agreement.

33 U.S.C. § 891e–1 Shipyards located outside of the United States

On and after December 26, 2007, none of the funds made available in this Act or any other Act may be used for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside of the United States.

33 U.S.C. § 891f Use of vessels

In implementing the NOAA fleet replacement and modernization program, the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall use excess capacity of UNOLS vessels where appropriate and may enter into memoranda of agreement with the operators of these vessels to carry out this requirement.

33 U.S.C. § 891g Interoperability

The Secretary shall consult with the Oceanographer of the Navy regarding appropriate measures that should be taken, on a reimbursable basis, to ensure that NOAA vessels are interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels.

33 U.S.C. § 891h Authorization of appropriations

(a) In generalThere are authorized to be appropriated to the Secretary $93,000,000 for the period of fiscal years 2025 through 2026 to carry out this subchapter and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note). (b) Limitation on fleet modernization activitiesAll NOAA fleet modernization, shipbuilding, and conversion shall be conducted in accordance with this subchapter.

Starting a business? Corpus forms LLCs in all 50 states and DC.