46 U.S.C. § 53102: Establishment of Maritime Security Fleet

The Secretary of Transportation, in consultation with the Secretary of Defense, shall establish a fleet of active, commercially viable, militarily useful, privately owned vessels to meet national defense and other security requirements and maintain a United States presence in international commercial shipping. The Fleet shall consist of privately owned, United States-documented vessels for which there are in effect operating agreements under this chapter, and shall be known as the Maritime Security Fleet. the vessel meets the requirements of paragraph (1), (2), (3), or (4) of subsection (c); the vessel is operated (or in the case of a vessel to be constructed, will be operated) in providing transportation in foreign commerce; is a tank vessel that is 10 years of age or less on the date the vessel is included in the Fleet; or is any other type of vessel that is 15 years of age or less on the date the vessel is included in the Fleet; is suitable for use by the United States for national defense or military purposes in time of war or national emergency, as determined by the Secretary of Defense; and is commercially viable, as determined by the Secretary; and is a United States-documented vessel; or the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of this title if it is included in the Fleet; and at the time an operating agreement for the vessel is entered into under this chapter, the vessel is eligible for documentation under chapter 121 of this title. A vessel meets the requirements of this paragraph if, during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be owned and operated by one or more persons that are citizens of the United States under section 50501 of this title . owned by a person that is a citizen of the United States under section 50501 of this title or that is a United States citizen trust; and that is eligible to document the vessel under chapter 121 of this title; the chairman of the board of directors, chief executive officer, and a majority of the members of the board of directors of which are citizens of the United States under section 50501 of this title , and are appointed and subjected to removal only upon approval by the Secretary; and that certifies to the Secretary that there are no treaties, statutes, regulations, or other laws that would prohibit the contractor for the vessel from performing its obligations under an operating agreement under this chapter; in the case of a vessel that will be demise chartered to a person that is owned or controlled by another person that is not a citizen of the United States under section 50501 of this title , the other person enters into an agreement with the Secretary not to influence the operation of the vessel in a manner that will adversely affect the interests of the United States; and the Secretary and the Secretary of Defense notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives that they concur with the certification required under subparagraph (A)(ii)(III), and have reviewed and agree that there are no other legal, operational, or other impediments that would prohibit the contractor for the vessel from performing its obligations under an operating agreement under this chapter. is eligible to document a vessel under chapter 121 of this title; operates or manages other United States-documented vessels for the Secretary of Defense, or charters other vessels to the Secretary of Defense; has entered into a special security agreement for purposes of this paragraph with the Secretary of Defense; makes the certification described in paragraph (2)(A)(ii)(III); and in the case of a vessel described in paragraph (2)(B), enters into an agreement referred to in that paragraph; and the Secretary and the Secretary of Defense notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives that they concur with the certification required under subparagraph (A)(iv), and have reviewed and agree that there are no other legal, operational, or other impediments that would prohibit the contractor for the vessel from performing its obligations under an operating agreement under this chapter. owned by a person that is eligible to document a vessel under chapter 121 of this title; and demise chartered to a person that is a citizen of the United States under section 50501 of this title . The Secretary of Defense shall request the Secretary of Homeland Security to issue any waiver under section 501 of this title that is necessary for purposes of this chapter. the vessel is classed by and designed in accordance with the rules of the American Bureau of Shipping, or another classification society accepted by the Secretary; the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming documented under chapter 121; and that country has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel. Paragraph (1) does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in paragraph (1)(B). The Secretary may rely on a certification from the American Bureau of Shipping or, subject to subparagraph (B), another classification society accepted by the Secretary to establish that a vessel is in compliance with the requirements of paragraphs (1) and (2). to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and if the foreign classification society has offices and maintains records in the United States. is in the national interest; is appropriate to allow the maintenance of the economic viability of the vessel and any associated operating network; and is necessary due to the lack of availability of other vessels and operators that comply with the requirements of this chapter. The Secretary of Defense, in conjunction with the Secretary of Transportation, may, for a particular participating fleet vessel, treat the ages specified in section 53101(5)(A)(ii) and section 53106(c)(3) as increased by up to 5 years if the Secretaries jointly determine that it is in the national interest to do so. the vessel is classed by and designed in accordance with the rules of the American Bureau of Shipping or another classification society accepted by the Secretary; the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming a documented vessel (as defined in that section); and that country has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel. Subsection (a) does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in subsection (a)(2). The Secretary may rely on a certification from the American Bureau of Shipping or, subject to paragraph (2), another classification society accepted by the Secretary to establish that a vessel is in compliance with the requirements of subsections (a) and (b). to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and if the foreign classification society has offices and maintains records in the United States.”