§ 294.23 Special terms. ( a ) *TSP Operating Agreement.* Each TSP Operating Agreement will require that, during the period a fleet vessel is operating under that TSP Operating Agreement, the fleet vessel must: ( 1 ) Be documented as a vessel of the United States under 46 U.S.C. chapter 121;
( 2 ) Operate exclusively in: ( i ) Foreign commerce;
( ii ) Mixed foreign commerce and domestic trade permitted under a registry endorsement issued under 46 U.S.C. 12111, and to those points identified in 46 U.S.C. 55101(b);
( iii ) Foreign-to-foreign commerce; or
( iv ) Under charter to the United States, except as provided in 46 U.S.C. 53404(b); and
( 3 ) Not otherwise operate in the coastwise trade of the United States;
( 4 ) Not receive payments during a period in which the Agreement Holder owns, operates, or charters a vessel engaged in noncontiguous domestic trade, unless the Agreement Holder is a section 50501 citizen, applying the 75 percent ownership requirements of 46 U.S.C. 50501; and
( 5 ) Enroll, for vessels 15 years or older, in their classification society's CAP and maintain a CAP rating of 2 or better.
( b ) *Operating agreement as an obligation of the United States government.* The amounts payable to an Agreement Holder under a TSP Operating Agreement constitute a contractual obligation of the United States Government to the extent of actual appropriations.
( c ) *Operating under a Continuing Resolution.* In the event funds are available under a Continuing Resolution (CR), the terms and conditions of the TSP Operating Agreements will be in force provided sufficient funds are available to fully meet obligations under TSP Operating Agreements, and only for the period stipulated in the applicable CR. If funds are not appropriated under a CR at sufficient levels for any portion of a fiscal year, the Secretary will select the vessels to retain within the funding level of the previous fiscal year, in consultation with the SecDef, based on the Secretaries' determination of the most militarily useful and commercially viable vessels. For any Agreement Holder with a TSP Operating Agreement that does not receive funds, the terms and conditions of any applicable TSP Operating Agreement may be voided, and the Agreement Holder may request termination of the TSP Operating Agreement.
( d ) *National security.* Each TSP Operating Agreement will require the Agreement Holder to enter into a Voluntary Tanker Agreement (VTA), as approved by the Secretary and the SecDef, or other agreement approved by the Secretaries.
( e ) *United States Merchant Marine Academy cadet training.* The Agreement Holder must agree: ( 1 ) To carry on the fleet vessel two United States Merchant Marine Academy cadets, if available, on each voyage; and
( 2 ) To implement prior to accepting an Operating Agreement appropriate policies, programs, and criteria necessary to comply with all MARAD cadet safety guidelines that address sexual harassment, sexual assault, and other inappropriate conduct.
( 3 ) Upon a finding of non-compliance, the Administrator may require the Agreement Holder to take corrective actions or find such failure to constitute a violation of the TSP Operating Agreement.