US Codex
U.S.C.
Notes

§891. Definitions — Inbound Citations

33 U.S.C. § 891

Cited by 42 provisions in release 119-102.

Citations to §891(1)

  • 33 U.S.C. § 891a
    Go to provision →
    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.
  • 33 U.S.C. § 891b(a)
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    (a) 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.
  • 33 U.S.C. § 891b(b)(3)
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    (3) the number of vessels proposed to be constructed by NOAA;
  • 33 U.S.C. § 891b(b)(4)
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    (4) the number of vessels proposed to be acquired, leased, or chartered by NOAA;
  • 33 U.S.C. § 891b(b)(6)
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    (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;
  • 33 U.S.C. § 891b(b)(8)
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    (8) a plan for using small vessels, uncrewed systems, and partnerships to augment the requirements of NOAA for days at sea;
  • 33 U.S.C. § 891b(b)(9)
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    (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
  • 33 U.S.C. § 891b(c)
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    (c) 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.
  • 33 U.S.C. § 891c(a)
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    (a) 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.
  • 33 U.S.C. § 891c(b)
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    (b) 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.
  • 33 U.S.C. § 891d(b)
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    (b) 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
    (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.
  • 33 U.S.C. § 891d(b)(3)(A)
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    (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
  • 33 U.S.C. § 891d(b)(3)(B)
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    (B) NOAA vessels are not available or cannot provide those services.
  • 33 U.S.C. § 891d(c)
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    (c) 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.
  • 33 U.S.C. § 891f
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    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.
  • 33 U.S.C. § 891g
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    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.

Citations to §891(2)

Citations to §891(4)

  • 33 U.S.C. § 891a
    Go to provision →
    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.
  • 33 U.S.C. § 891b(a)
    Go to provision →
    (a) 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.
  • 33 U.S.C. § 891b(b)(6)
    Go to provision →
    (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;
  • 33 U.S.C. § 891c(a)
    Go to provision →
    (a) 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.
  • 33 U.S.C. § 891c(b)
    Go to provision →
    (b) 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.
  • 33 U.S.C. § 891d(a)(1)
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    (1) 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.
  • 33 U.S.C. § 891d(a)(2)
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    (2) 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.
  • 33 U.S.C. § 891d(a)(2)(A)
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    (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
  • 33 U.S.C. § 891d(a)(3)
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    (3) 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.
  • 33 U.S.C. § 891d(b)
    Go to provision →
    (b) 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
    (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.
  • 33 U.S.C. § 891d(b)(1)
    Go to provision →
    (1) the Secretary finds that it is in the public interest to do so;
  • 33 U.S.C. § 891d(c)
    Go to provision →
    (c) 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.
  • 33 U.S.C. § 891e(a)
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    (a) 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.
  • 33 U.S.C. § 891f
    Go to provision →
    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.
  • 33 U.S.C. § 891g
    Go to provision →
    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.
  • 33 U.S.C. § 891h(a)
    Go to provision →
    (a) 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).

Citations to §891(5)