((a)) ** .—** The Secretary of Transportation shall require, as a condition of including any vessel in the Fleet, that the program participant of the vessel enter into an operating agreement with the Secretary under this section.

((b))

((1)) ** .—** The Secretary of Transportation shall accept an application for an operating agreement for an eligible product tank vessel under the priority under paragraph (2) only from a person that has authority to enter into an operating agreement under this chapter.

((2)) ** .—** The Secretary of Transportation may enter into a new operating agreement with an applicant that meets the requirements of section 53402(c) for a vessel that meets the qualifications of section 53402(b), and shall give priority to applications based on—

((A)) vessel capabilities, as established by the Secretary of Defense; then

((B)) after consideration of vessel type, according to an applicant’s record of owning and operating vessels; then

((C)) after consideration of ownership and operation, according to such additional priorities as the Secretary of Transportation may consider appropriate.

((3)) ** .—** The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense.

((c)) ** .—** The Secretary of Transportation may not award operating agreements under this chapter that require payments under for more than—.

((1)) for each of fiscal years 2022 and 2023, 10 vessels; and

((2)) for any subsequent fiscal year, 20 vessels.

((d)) ** .—** No court shall have jurisdiction to review the Secretary’s decision with respect to the award or non-award of an operating agreement issued under this chapter.