Page:United States Statutes at Large Volume 110 Part 5.djvu/45

 PUBLIC LAW 104-239—OCT. 8, 1996 110 STAT. 3119 national defense or military purposes in time of war or national emergency; "(2)(A)(i) is a United States-documented vessel; and "(ii) on the date an operating agreement covering the vessel is entered into under this subtitle, is— "(I) a LASH vessel that is 25 years of age or less; or "(II) any other type of vessel that is 15 years of age or less; except that the Secretary of Transportation may waive the application of clause (ii) if the Secretary^ in consultation with the Secretary of Defense, determines that the waiver is in the national interest; or "(B) it is not a United States-documented vessel, but the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of title 46, United States Code, if it is included in the Fleet, and the vessel will be less than 10 years of age on the date of that documentation; "(3) the Secretary of Transportation determines that the vessel is necessary to maintain a United States presence in international commercial shipping or, after consultation with the Secretary of Defense, determines that the vessel is militarily useful for meeting the sealift needs of the United States with respect to national emergencies; and "(4) at the time an operating agreement for the vessel is entered into under this subtitle, the vessel will be eligible for documentation under chapter 121 of title 46, United States Code. " OPERATING AGREEMENTS "SEC. 652. (a) IN GENERAL. — The Secretary of Transportation 46 USC app. shall require, as a condition of including any vessel in the Fleet, Ii87a. that the owner or operator of the vessel enter into an operating agreement with the Secretary under this section. Notwithstanding subsection (g), the Secretary may enter into an operating agreement for, among other vessels that are eligible to be included in the Fleet, any vessel which continues to operate under an operatingdifferential subsidy contract under subtitle A or which is under charter to the Department of Defense. " (b) REQUIREMENTS FOR OPERATION. — An operating agreement under this section shall require that, during the period a vessel is operating under the agreement— "(1) the vessel— "(A) shall be operated exclusively in the foreign trade or in mixed foreign and domestic trade allowed under a registry endorsement issued under section 12105 of title 46, United States Code, and "(B) shall not otherwise be operated in the coastwise trade; and "(2) the vessel shall be documented under chapter 121 of title 46, United States Code. "(c) REGULATORY RELIEF. —^A contractor of a vessel included in an operating agreement under this subtitle may operate the vessel in the foreign commerce of the United States without restriction, and shall not be subject to any requirement under section 801, 808, 809, or 810. Participation in the program established

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