SUBCHAPTER III—NOAA FLEET MODERNIZATION
§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
(4) "Secretary" means the Secretary of Commerce.
(5) "UNOLS" means University-National Oceanographic Laboratory System.
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Statutory Notes and Related Subsidiaries
Short Title
For short title of this subchapter as the "NOAA Fleet Modernization Act", see section 601 of
§891a. Fleet replacement and modernization program
The Secretary is authorized to implement, subject to the requirements of this subchapter, a 15-year program to replace and modernize the NOAA fleet.
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Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this Act", and was translated as reading "this title", meaning title VI of
§891b. Fleet replacement and modernization Plan
(a) In general
To carry out the program authorized in
(b) Timing
The Plan required in subsection (a) shall be submitted to Congress within 30 days of October 29, 1992, and updated on an annual basis.
(c) Plan elements
The Plan required in subsection (a) shall include the following—
(1) the number of vessels proposed to be modernized or replaced, the schedule for their modernization or replacement, and anticipated funding requirements;
(2) the number of vessels proposed to be constructed, leased, or chartered;
(3) the number of vessels, or days at sea, that can be obtained by using the vessels of the UNOLS;
(4) the number of vessels that will be made available to NOAA by the Secretary of the Navy, or any other federal 1 official, and the terms and conditions for their availability;
(5) 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; and
(6) the appropriate role of the NOAA Corps in operating and maintaining the NOAA fleet.
(d) Contracting limitation
The Secretary may not enter into any contract for the construction, lease, or service life extension of a vessel of the NOAA fleet before the date of the submission to Congress of the Plan required in subsection (a).
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Statutory Notes and Related Subsidiaries
Fishery Survey Vessel Acquisition
"SEC. 301. SHORT TITLE.
"This title may be cited as the 'Fisheries Survey Vessel Authorization Act of 2000'.
"SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS.
"(a)
"(b)
"(1) be capable of—
"(A) staying at sea continuously for at least 30 days;
"(B) conducting fishery population surveys using hydroacoustic, longlining, deep water, and pelagic trawls, and other necessary survey techniques; and
"(C) conducting other work necessary to provide fishery managers with the accurate and timely data needed to prepare and implement fishery management plans; and
"(2) have a hull that meets the International Council for Exploration of the Sea standard regarding acoustic quietness.
"(c)
Deactivation of NOAA Research Vessels
"(A) Unless necessary for safety reasons, the Secretary of Commerce shall not deactivate the ALBATROSS IV (if active), until an equivalent replacement vessel is operational.
"(B) The Secretary of Commerce shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries [now Committee on Science, Space, and Technology] of the House of Representatives 60 days prior to the proposed deactivation of any other research vessel of the National Oceanic and Atmospheric Administration, if an equivalent replacement vessel will not become operational at the time of deactivation."
1 So in original. Probably should be capitalized.
§891c. Design of NOAA vessels
(a) Design requirement
Except for the vessel designs identified under subsection (b), the Secretary, working through the Office of the NOAA Corps Operations and the Systems Procurement Office, 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) Exception
The Secretary shall—
(1) report to Congress identifying any existing vessel design or design proposal that meets the requirements of the Plan within 30 days after October 29, 1992, and shall promptly advise the Congress of any modification of these designs; and
(2) submit to Congress as part of the annual update of the Plan required in
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§891d. Contract authority
(a) Multiyear contracts
(1) In general
Subject to paragraphs (2) and (3), and notwithstanding
(2) Required findings
The 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 provisions
The 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 contracts
Notwithstanding 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 authority
Notwithstanding 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.
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Editorial Notes
Codification
In subsec. (a)(1), "subsections (a) and (b) of
§891e. Restriction with respect to certain shipyard subsidies
(a) In general
The 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" defined
In 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
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Editorial Notes
Amendments
1999—Subsec. (b)(8).
Statutory Notes and Related Subsidiaries
Fisheries Research Vessel Procurement
§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.
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Editorial Notes
References in Text
This Act, referred to in text, is div. B of
Codification
Section was enacted as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, and also as part of the Consolidated Appropriations Act, 2008, and not as part of the NOAA Fleet Modernization Act which comprises this subchapter.
§891f. Use of vessels
(a) Vessel agreements
In implementing the NOAA fleet replacement and modernization program, the Secretary 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.
(b) Report to Congress
Within one year after October 29, 1992, the Comptroller General of the United States shall provide a report to Congress, in consultation with the Secretary, comparing the cost-efficiency, accounting, and operating practices of the vessels of NOAA, UNOLS, other Federal agencies, and the United States private sector in meeting the missions of NOAA.
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§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.
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Statutory Notes and Related Subsidiaries
Interoperability of Vessels
§891h. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Secretary for carrying out this subchapter—
(1) $50,000,000 for fiscal year 1993;
(2) $100,000,000 for fiscal year 1994; and
(3) such sums as are necessary for each of the fiscal years 1995, 1996, and 1997.
(b) Limitation on fleet modernization activities
All National Oceanic and Atmospheric Administration fleet modernization shipbuilding, and conversion shall be conducted in accordance with this subchapter.
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