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

(a) In General. The Secretary^* of Transportation, consulting the Secretary of Defense, must establish a fleet^* of active, commercially viable, militarily useful, privately owned vessels. The fleet must meet national-defense and other security needs and maintain a United States^* presence in international commercial shipping. It must consist of privately owned, United States-documented vessels with operating agreements in effect under this chapter. It is called the “Maritime Security Fleet.”

(b) Vessel^* Eligibility. A vessel is eligible for the Fleet only if—

(1) it meets the requirements of paragraph (1), (2), (3), or (4) of subsection (c);

(2) it is operated, or, for a vessel to be constructed, will be operated, to provide transportation in foreign commerce^*;

(3) it is self-propelled and—

(A) is a tank vessel^* that is 10 years old or less on the date it is included in the Fleet; or

(B) is another type of vessel that is 15 years old or less on that date;

(4) the Secretary of Defense determines that it is suitable for United States national-defense or military use during war or a national emergency, and the Secretary determines that it is commercially viable; and

(5) it—

(A) is a United States-documented vessel^*; or

(B) is not a United States-documented vessel^*, but—

(i) the vessel’s owner has demonstrated an intent to have the vessel documented under chapter 121 of this title if it is included in the Fleet; and

(ii) when an operating agreement for the vessel is entered into under this chapter, the vessel is eligible for documentation under chapter 121 of this title.

(c) Requirements Regarding Citizenship of Owners, Charterers, and Operators.

(1) Vessel owned and operated by section 50501 citizens. A vessel meets this paragraph if, during the period of its operating agreement, one or more persons who are United States citizens under section 50501 of this title will own and operate it.

(2) Vessel owned by a section 50501 citizen or United States citizen trust^*, and chartered to a documentation citizen. A vessel meets this paragraph if—

(A) during the period of its operating agreement, it will be—

(i) owned by a person^* who is a United States citizen under section 50501 of this title or is a United States citizen trust; and

(ii) demise-chartered to a person—

(I) eligible to document the vessel under chapter 121 of this title;

(II) whose board chairman, chief executive officer, and majority of directors are United States citizens under section 50501 of this title, are appointed only with the Secretary’s approval, and may be removed only with the Secretary’s approval; and

(III) that certifies to the Secretary that no treaty, statute, regulation, or other law would prohibit the contractor^* for the vessel from carrying out its obligations under an operating agreement under this chapter;

(B) if the vessel will be demise-chartered to a person owned or controlled by another person who is not a United States citizen under section 50501 of this title, that other person agrees with the Secretary not to influence the vessel’s operation in a way that would harm United States interests; and

(C) the Secretary and the Secretary of Defense notify the Senate Committees on Armed Services and on Commerce, Science, and Transportation, and the House Committee on Armed Services, that they concur with the certification required under subparagraph (A)(ii)(III) and have reviewed and agree that no other legal, operational, or other impediment would prohibit the contractor for the vessel from carrying out its obligations under an operating agreement under this chapter.

(3) Vessel owned and operated by a defense contractor. A vessel meets this paragraph if—

(A) during the period of its operating agreement, it will be owned and operated by a person that—

(i) is eligible to document a vessel under chapter 121 of this title;

(ii) operates or manages other United States-documented vessels for the Secretary of Defense, or charters other vessels to the Secretary of Defense;

(iii) has entered into a special security agreement for this paragraph with the Secretary of Defense;

(iv) makes the certification described in paragraph (2)(A)(ii)(III); and

(v) if the vessel is described in paragraph (2)(B), enters into the agreement referred to in that paragraph; and

(B) the Secretary and the Secretary of Defense notify the same Senate and House committees that they concur with the certification required under subparagraph (A)(iv), and have reviewed and agree that no other legal, operational, or other impediment would prohibit the contractor for the vessel from carrying out its obligations under an operating agreement under this chapter.

(4) Vessel owned by a documentation citizen and chartered to a section 50501 citizen. A vessel meets this paragraph if, during the period of its operating agreement, it will be—

(A) owned by a person eligible to document a vessel under chapter 121 of this title; and

(B) demise-chartered to a person who is a United States citizen under section 50501 of this title.

(d) Request by Secretary of Defense. The Secretary of Defense must ask the Secretary of Homeland Security to issue any waiver under section 501 of this title that is necessary for this chapter.

(e) Vessel Standards.

(1) Certificate of inspection. A vessel used to provide oceangoing transportation qualifies for a certificate of inspection if the Secretary of the department in which the Coast Guard operates determines that the vessel meets subsection (b), but that on the date the Maritime Security Act of 2003 was enacted it was not documented under chapter 121 of this title, and if that Secretary determines that—

(A) the vessel is classed by, and designed under, the rules of the American Bureau of Shipping or another classification society accepted by the Secretary;

(B) the vessel complies with applicable international agreements and related guidelines, as determined by the country where it was documented immediately before becoming documented under chapter 121; and

(C) that country has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel.

(2) Continued eligibility for certificate. Paragraph (1) stops applying on any date when the vessel fails to comply with the applicable international agreements and related guidelines mentioned in paragraph (1)(B).

(3) Reliance on classification society.

(A) In general. 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 the vessel complies with paragraphs (1) and (2).

(B) Foreign classification society. The Secretary may accept certification from a foreign classification society under subparagraph (A) only—

(i) to the extent that the foreign country’s government gives the American Bureau of Shipping reciprocal access; and

(ii) if the foreign classification society has offices and keeps records in the United States.

(f) Authority To Waive Age Restriction for Eligibility of a Vessel To Be Included in Fleet. The Secretary of Defense, together with the Secretary of Transportation, may waive an age restriction under subsection (b)(3) if they jointly determine that the waiver—

(1) is in the national interest;

(2) is appropriate to maintain the economic viability of the vessel and any related operating network; and

(3) is necessary because other vessels and operators that meet this chapter’s requirements are not available.

(g) Authority To Extend Maximum Service Age for Vessel. For a particular participating Fleet vessel^*, the Secretary of Defense, together with the Secretary of Transportation, may treat the ages in sections 53101(5)(A)(ii) and 53106(c)(3) as increased by up to 5 years if they jointly determine that doing so is in the national interest.