Page:United States Statutes at Large Volume 117.djvu/1823

 117 STAT. 1804

PUBLIC LAW 108–136—NOV. 24, 2003 Transportation pursuant to this chapter or subtitle D of the Maritime Security Act of 2003. ‘‘(5) LASH VESSEL.—The term ‘LASH vessel’ means a lighter aboard ship vessel. ‘‘(6) PARTICIPATING FLEET VESSEL.—The term ‘participating fleet vessel’ means any vessel that— ‘‘(A) on October 1, 2005— ‘‘(i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and ‘‘(ii) is less than 25 years of age, or less than 30 years of age in the case of a LASH vessel; and ‘‘(B) on December 31, 2004, is covered by an operating agreement under subtitle B of title VI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1187 et seq.). ‘‘(7) PERSON.—The term ‘person’ includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country. ‘‘(8) PRODUCT TANK VESSEL.—The term ‘product tank vessel’ means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products. ‘‘(9) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(10) TANK VESSEL.—The term ‘tank vessel’ has the meaning that term has under section 2101 of this title. ‘‘(11) UNITED STATES.—The term ‘United States’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands. ‘‘(12) UNITED STATES CITIZEN TRUST.—(A) Subject to subparagraph (C), the term ‘United States citizen trust’ means a trust that is qualified under this paragraph. ‘‘(B) A trust is qualified under this paragraph with respect to a vessel only if— ‘‘(i) each of the trustees is a citizen of the United States; and ‘‘(ii) the application for documentation of the vessel under chapter 121 of this title includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States. ‘‘(C) If any person that is not a citizen of the United States has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instrument provides that persons who

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