46 U.S.C. § 53403: Award of operating agreements

The Secretary of Transportation shall require, as a condition of including any vessel in the Fleet, that the program participant of the vessel enter into an operating agreement with the Secretary under this section. The Secretary of Transportation shall accept an application for an operating agreement for an eligible product tank vessel under the priority under paragraph (2) only from a person that has authority to enter into an operating agreement under this chapter. vessel capabilities, as established by the Secretary of Defense; then after consideration of vessel type, according to an applicant’s record of owning and operating vessels; then after consideration of ownership and operation, according to such additional priorities as the Secretary of Transportation may consider appropriate. The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense. for each of fiscal years 2022 and 2023, 10 vessels; and for any subsequent fiscal year, 20 vessels. No court shall have jurisdiction to review the Secretary’s decision with respect to the award or non-award of an operating agreement issued under this chapter.