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119th Congress

Title 33 — Navigation and Navigable Waters

Chapter 17 — National Oceanic and Atmospheric Administration

§ 891b. Fleet replacement and modernization Plan

Statutory text

(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 , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. NOAA Fleet Modernization Act

    Pub. L. 102–567 title VI § 604 · 106 Stat. 4270

    Enacted · 33 U.S.C. § 891b

    Pub. L. 102–567, title VI, § 604, Oct. 29, 1992, 106 Stat. 4300

    Source evidence

    Code source credit
    Pub. L. 102–567, title VI, § 604, Oct. 29, 1992, 106 Stat. 4300

    Enacted provision · exact public law section
    SEC. 604. FLEET REPLACEMENT AND MODERNIZATION PLAN. (a) In General.— To carry out the program authorized in section 603, the Secretary shall develop and submit to Congress a replacement and modernization Plan for the NOAA fleet covering the years authorized under section 610. (b) Timing.— The Plan required in subsection (a) shall be submitted to Congress within 30 days of the date of enactment of this Act, 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 official, and the terms and conditions for their availability; (5) the proposed acquisition of modem 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).

  2. Pub. L. 119–60 § 8402(a)(2)(A) · 139 Stat. 1908

    Substituted · 33 U.S.C. § 891b(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.”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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.”

  3. Pub. L. 119–60 § 8402(a)(2)(C) · 139 Stat. 1908

    Redesignated · 33 U.S.C. § 891b(b)

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

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

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

  4. Pub. L. 119–60 § 8402(a)(2)(B) · 139 Stat. 1908

    Struck · 33 U.S.C. § 891b(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.”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.”

  5. Pub. L. 119–60 § 8402(a)(2)(D)(i) · 139 Stat. 1908

    Substituted · 33 U.S.C. § 891b(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;”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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;”.

  6. Pub. L. 119–60 § 8402(a)(2)(D)(ii) · 139 Stat. 1908

    1. Added · 33 U.S.C. § 891b(b)(2)(10)

      Pub. L. 119–60, § 8402(a)(2)(D)(ii)–(viii), added pars. (2) and (3)

    2. Redesignated · 33 U.S.C. § 891b(b)(2)(10)

      Pub. L. 119–60, § 8402(a)(2)(D)(ii)–(viii), redesignated former pars. (2) to (5) as (4) to (7), respectively; in par. (4)

    3. Substituted · 33 U.S.C. § 891b(b)(2)(10)

      Pub. L. 119–60, § 8402(a)(2)(D)(ii)–(viii), substituted “acquired, leased, or chartered by NOAA” for “constructed, leased, or chartered”; in par. (6)

    4. Substituted · 33 U.S.C. § 891b(b)(2)(10)

      Pub. L. 119–60, § 8402(a)(2)(D)(ii)–(viii), substituted “the Director of the National Science Foundation, or any other Federal official” for “or any other federal official” ; struck out former par. (6), which related to the appropriate role of the NOAA Corps in operating and maintaining the NOAA fleet

    5. Substituted · 33 U.S.C. § 891b(b)(2)(10)

      Pub. L. 119–60, § 8402(a)(2)(D)(ii)–(viii), substituted “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

    6. Added · 33 U.S.C. § 891b(b)(2)(10)

      Pub. L. 119–60, § 8402(a)(2)(D)(ii)–(viii), added pars. (8) to (10)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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).

  7. Pub. L. 119–60 § 8402(a)(2)(E) · 139 Stat. 1908

    Added · 33 U.S.C. § 891b(c)

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

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

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

  8. Pub. L. 119–60 § 8402(a)(2)(C) · 139 Stat. 1908

    Redesignated · 33 U.S.C. § 891b(c)

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

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

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

  9. Pub. L. 119–60 § 8402(a)(2)(B) · 139 Stat. 1908

    Struck · 33 U.S.C. § 891b(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).”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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).”

1 of 14 references resolved to an enrolled provision · 13 unresolved

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 , 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 , 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, , 114 Stat. 1945, as amended by Pub. L. 119–60, div. H, title LXXXIV, § 8402(b), , 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), , 106 Stat. 4291, as amended by Pub. L. 119–60, div. H, title LXXXIV, § 8402(c), , 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.”

Credits

1992–2025 · 2 acts
  1. 1992Pub. L. 102–567, title VI, § 604, , 106 Stat. 4300
  2. 2025Pub. L. 119–60, div. H, title LXXXIV, § 8402(a)(2), , 139 Stat. 1908.
Show as published

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

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USLM identifier /us/usc/t33/s891b