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LegalText 46 U.S.C. § 53205 Obligations and rights under operating agreements us united_states_code code_section 46 SHIPPING 532 CABLE SECURITY FLEET 53205 46 U.S.C. § 53205 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip /us/usc/t46/s53205 data/legal/raw/us/code/title-46/usc46.xml d09e8a40873a07249e203143b90d6966498119f60efd1fa89e4bb9c3255d22b4 eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f d63c7c8738af5f93036317da77a79b67644964a61dd0f7d9cdd97a0e79b040c4 2026-07-04 official
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46 U.S.C. § 53205 - Obligations and rights under operating agreements

Text

(a) Operation of Vessel.— 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) Annual Payments by the Secretary.— (1) In general.— 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) Operating agreement is an obligation of the united states government.— 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) Documentation Requirement.— 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) National Security Requirements.— (1) In general.— 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) Contingency agreement with operating agency.— 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) Transfer of Operating Agreements.— Operating Agreements shall not be transferrable by the Contractor.

(f) Replacement Vessel.— 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.

(Added Pub. L. 11692, div. C, title XXXV, § 3521(a), Dec. 20, 2019, 133 Stat. 1994.)