Title 46ShippingRelease 119-73not60

§53205 Obligations and Rights Under Operating Agreements

Title 46 › Subtitle Subtitle V— Merchant Marine › Part C— Financial Assistance Programs › Chapter 532— CABLE SECURITY FLEET › § 53205

Last updated Apr 5, 2026|Official source

Summary

Requires that while a vessel is covered by an Operating Agreement it must be used either in the Cable Services trade or under a U.S. charter, and it must be officially registered under chapter 121. If funds are available, the Secretary must pay the Contractor as set out in section 53206, and the Operating Agreement is a U.S. government contract to pay those amounts only to the extent of actual appropriations. A vessel covered (including ones ended under section 53204(c)(2)) must stay registered under chapter 121 until the Agreement would normally end. The Contractor stays bound by section 53207 until that end date, and any Contingency Agreement under section 53207 stays in force until then unless the Contractor and the Operating Agency both agree to change it. Operating Agreements cannot be transferred. A Contractor may swap in another vessel eligible under section 53202(b) only if the Secretary and the Operating Agency both approve and find it meets national security needs.

Full Legal Text

Title 46, §53205

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(a)An Operating Agreement under this chapter shall require that, during the period the vessel is operating under the Agreement, the vessel—
(1)shall be operated in the trade for Cable Services, or under a charter to the United States; and
(2)shall be documented under chapter 121 of this title.
(b)(1)An Operating Agreement under this chapter shall require, subject to the availability of appropriations, that the Secretary make payment to the Contractor in accordance with section 53206.
(2)An Operating Agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the Operating Agreement to the extent of actual appropriations.
(c)Each vessel covered by an Operating Agreement (including an Agreement terminated under section 53204(c)(2)) shall remain documented under chapter 121 of this title, until the date the Operating Agreement would terminate according to its own terms.
(d)(1)A Contractor with respect to an Operating Agreement (including an Agreement terminated under section 53204(c)(2)) shall continue to be bound by the provisions of section 53207 until the date the Operating Agreement would terminate according to its terms.
(2)All terms and conditions of a Contingency Agreement entered into under section 53207 shall remain in effect until a date the Operating Agreement would terminate according to its terms, except that the terms of such Contingency Agreement may be modified by the mutual consent of the Contractor, and the Operating Agency.
(e)Operating Agreements shall not be transferrable by the Contractor.
(f)A Contractor may replace a vessel under an Operating Agreement with another vessel that is eligible to be included in the Fleet under section 53202(b), if the Secretary and the Operating Agency jointly determine that the replacement vessel meets national security requirements and approve the replacement.

Reference

Citations & Metadata

Citation

46 U.S.C. § 53205

Title 46Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60