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 section 891b of this title.

(4) "Secretary" means the Secretary of Commerce.

(5) "UNOLS" means University-National Oceanographic Laboratory System.

(Pub. L. 102–567, title VI, §602, Oct. 29, 1992, 106 Stat. 4299.)

Statutory Notes and Related Subsidiaries

Short Title

For short title of this subchapter as the "NOAA Fleet Modernization Act", see section 601 of Pub. L. 102–567, set out as a Short Title of 1992 Amendment note under section 851 of this title.

§891a. Operation and maintenance of NOAA fleet

The Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this subchapter.

(Pub. L. 102–567, title VI, §603, Oct. 29, 1992, 106 Stat. 4300; Pub. L. 119–60, div. H, title LXXXIV, §8402(a)(1), Dec. 18, 2025, 139 Stat. 1908.)

Editorial Notes

Amendments

2025—Pub. L. 119–60 substituted "Operation and maintenance of NOAA fleet" for "Fleet replacement and modernization program" in section catchline and ", acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this subchapter." for "is authorized to implement, subject to the requirements of this subchapter, a 15-year program to replace and modernize the NOAA fleet." in text.

§891b. Fleet replacement and modernization Plan

(a) In general

To carry out the program authorized in section 891a of this title, the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after December 18, 2025, and every 2 years thereafter.

(b) Plan elements

The Plan required in subsection (a) shall include the following—

(1) the number of vessels in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels;

(2) a plan with respect to operation, maintenance, and replacement of vessels described in paragraph (1), including the schedule for maintenance or replacement and anticipated funding requirements;

(3) the number of vessels proposed to be constructed by NOAA;

(4) the number of vessels proposed to be acquired, leased, or chartered by NOAA;

(5) the number of vessels, or days at sea, that can be obtained by using the vessels of the UNOLS;

(6) the number of vessels that will be made available to NOAA by the Secretary of the Navy, the Director of the National Science Foundation, or any other Federal official, and the terms and conditions for the availability of those vessels;

(7) 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;

(8) a plan for using small vessels, uncrewed systems, and partnerships to augment the requirements of NOAA for days at sea;

(9) the number of officers of the NOAA commissioned officer corps and professional wage mariners needed to operate and maintain the NOAA fleet, including the vessels identified under paragraph (3); and

(10) current and potential challenges with meeting the requirements under paragraph (9) and proposed solutions to those challenges.

(c) Vessel procurement approval

The National Oceanic and Atmospheric Administration may not procure vessels that are more than 65 feet in length without the approval of the Assistant Administrator of NOAA for Marine and Aviation Operations.

(Pub. L. 102–567, title VI, §604, Oct. 29, 1992, 106 Stat. 4300; Pub. L. 119–60, div. H, title LXXXIV, §8402(a)(2), Dec. 18, 2025, 139 Stat. 1908.)

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, §8402(a)(2)(A), substituted "Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after December 19, 2025, and every 2 years thereafter." for "Secretary shall develop and submit to Congress a replacement and modernization Plan for the NOAA fleet covering the years authorized under section 891h of this title."

Subsec. (b). Pub. L. 119–60, §8402(a)(2)(C), redesignated subsec. (c) as (b).

Pub. L. 119–60, §8402(a)(2)(B), struck out subsec. (b). Text read as follows: "The Plan required in subsection (a) shall be submitted to Congress within 30 days of October 29, 1992, and updated on an annual basis."

Subsec. (b)(1). Pub. L. 119–60, §8402(a)(2)(D)(i), substituted "in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels;" for "proposed to be modernized or replaced, the schedule for their modernization or replacement, and anticipated funding requirements;".

Subsec. (b)(2) to (10). Pub. L. 119–60, §8402(a)(2)(D)(ii)–(viii), added pars. (2) and (3) and redesignated former pars. (2) to (5) as (4) to (7), respectively; in par. (4), substituted "acquired, leased, or chartered by NOAA" for "constructed, leased, or chartered"; in par. (6), substituted "the Director of the National Science Foundation, or any other Federal official" for "or any other federal official" and "the availability of those vessels" for "their availability"; struck out former par. (6), which related to the appropriate role of the NOAA Corps in operating and maintaining the NOAA fleet; and added pars. (8) to (10).

Subsec. (c). Pub. L. 119–60, §8402(a)(2)(E), added subsec. (c).

Pub. L. 119–60, §8402(a)(2)(C), redesignated subsec. (c) as (b).

Subsec. (d). Pub. L. 119–60, §8402(a)(2)(B), struck out subsec. (d). Text read as follows: "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)."

Statutory Notes and Related Subsidiaries

Fishery Survey Vessel Acquisition

Pub. L. 106–450, title III, Nov. 7, 2000, 114 Stat. 1945, as amended by Pub. L. 119–60, div. H, title LXXXIV, §8402(b), Dec. 18, 2025, 139 Stat. 1910, provided that:

"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) In General.—The Secretary, subject to the availability of appropriations, may acquire, by purchase, lease, lease-purchase, or charter, and equip fishery survey vessels in accordance with this section and the NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.).

"(b) Vessel Requirements.—Any vessel acquired and equipped under this section must—

"(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) Authorization.—To carry out this section there are authorized to be appropriated to the Secretary $60,000,000 for each of fiscal years 2002 and 2003."

Deactivation of NOAA Research Vessels

Pub. L. 102–567, title IV, §401(b)(4), Oct. 29, 1992, 106 Stat. 4291, as amended by Pub. L. 119–60, div. H, title LXXXIV, §8402(c), Dec. 18, 2025, 139 Stat. 1910, provided that: The Secretary of Commerce shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the 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."

§891c. Design of NOAA vessels

(a) Design requirement

Except for the vessel designs identified under subsection (b), the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, 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, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives, as part of the annual update of the Plan required in section 891b of this title, any existing vessel design or design proposals that meet the requirements of the Plan.

(Pub. L. 102–567, title VI, §605, Oct. 29, 1992, 106 Stat. 4300; Pub. L. 119–60, div. H, title LXXXIV, §8402(a)(3), Dec. 18, 2025, 139 Stat. 1909.)

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, §8402(a)(3)(A), substituted "acting through the Assistant Administrator of NOAA for Marine and Aviation Operations" for "working through the Office of the NOAA Corps Operations and the Systems Procurement Office" in introductory provisions.

Pub. L. 119–60, §8402(a)(3)(B), substituted ", acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives," for "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",

and struck out "subsequent" before "existing vessel design".

§891d. Contract authority

(a) Multiyear contracts

(1) In general

Subject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31 and subsections (a) and (b) of section 6301 of title 41, the Secretary may acquire vessels for the NOAA fleet by purchase, lease, lease-purchase, or otherwise, under one or more multiyear contracts.

(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.

(Pub. L. 102–567, title VI, §606, Oct. 29, 1992, 106 Stat. 4301.)

Editorial Notes

Codification

In subsec. (a)(1), "subsections (a) and (b) of section 6301 of title 41" substituted for "section 3732 of the Revised Statutes of the United States (41 U.S.C. 11)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

§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 section 3511(d)(12) of title 19, or any other export subsidy prohibited by that agreement.

(Pub. L. 102–567, title VI, §607, Oct. 29, 1992, 106 Stat. 4302; Pub. L. 106–36, title I, §1002(f), June 25, 1999, 113 Stat. 133.)

Editorial Notes

Amendments

1999—Subsec. (b)(8). Pub. L. 106–36 substituted "Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19, or any other export subsidy prohibited by that agreement" for "Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade or any other export subsidy that may be prohibited as a result of the Uruguay Round of trade negotiations."

Statutory Notes and Related Subsidiaries

Fisheries Research Vessel Procurement

Pub. L. 106–450, title IV, §401, Nov. 7, 2000, 114 Stat. 1945, provided that: "Notwithstanding section 644 of title 15, United States Code, and section 19.502–2 of title 48, Code of Federal Regulations, the Secretary of Commerce shall seek to procure Fisheries Research Vessels through full and open competition from responsible United States shipbuilding companies irrespective of size."

§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.

(Pub. L. 110–161, div. B, title V, §506, Dec. 26, 2007, 121 Stat. 1925.)

Editorial Notes

References in Text

This Act, referred to in text, is div. B of Pub. L. 110–161, Dec. 26, 2007, 121 Stat. 1884, known as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008. For complete classification of this Act to the Code, see Tables.

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

In implementing the NOAA fleet replacement and modernization program, the Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, 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.

(Pub. L. 102–567, title VI, §608, Oct. 29, 1992, 106 Stat. 4303; Pub. L. 119–60, div. H, title LXXXIV, §8402(a)(4), Dec. 18, 2025, 139 Stat. 1910.)

Editorial Notes

Amendments

2025—Pub. L. 119–60 struck out subsec. (a) designation and heading "Vessel Agreements" and struck out subsec. (b), which required the Comptroller General to provide a report within one year after October 29, 1992 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.

§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.

(Pub. L. 102–567, title VI, §609, Oct. 29, 1992, 106 Stat. 4303.)

Statutory Notes and Related Subsidiaries

Interoperability of Vessels

Pub. L. 102–567, title IV, §401(b)(5), Oct. 29, 1992, 106 Stat. 4291, provided that: "The Secretary of Commerce shall consult with the Oceanographer of the Navy regarding appropriate cost effective and practical measures to allow vessels of the National Oceanic and Atmospheric Administration to be interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels."

§891h. Authorization of appropriations

(a) In general

There are authorized to be appropriated to the Secretary $93,000,000 for the period of fiscal years 2025 through 2026 to carry out this subchapter and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note).

(b) Limitation on fleet modernization activities

All NOAA fleet modernization, shipbuilding, and conversion shall be conducted in accordance with this subchapter.

(Pub. L. 102–567, title VI, §610, Oct. 29, 1992, 106 Stat. 4303; Pub. L. 119–60, div. H, title LXXXIV, §8402(a)(5), Dec. 18, 2025, 139 Stat. 1910.)

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, §8402(a)(5)(A), substituted "$93,000,000 for the period of fiscal years 2025 through 2026 to carry out this subchapter and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note)." 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."

Subsec. (b). Pub. L. 119–60, §8402(a)(5)(B), substituted "NOAA fleet modernization," for "National Oceanic and Atmospheric Administration fleet modernization".