Page:United States Statutes at Large Volume 117.djvu/1824

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1805

are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee. ‘‘(D) This paragraph shall not be considered to prohibit a person who is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust. ‘‘(13) UNITED STATES-DOCUMENTED VESSEL.—The term ‘United States-documented vessel’ means a vessel documented under chapter 121 of this title. ‘‘§ 53102. Establishment of Maritime Security Fleet ‘‘(a) IN GENERAL.—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. ‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be included in the Fleet if— ‘‘(1) the vessel meets the requirements of paragraph (1), (2), (3), or (4) of subsection (c); ‘‘(2) the vessel is operated (or in the case of a vessel to be constructed, will be operated) in providing transportation in foreign commerce; ‘‘(3) the vessel is self-propelled and is— ‘‘(A) a roll-on/roll-off vessel with a carrying capacity of at least 80,000 square feet or 500 twenty-foot equivalent units and that is 15 years of age or less on the date the vessel is included in the Fleet; ‘‘(B) a tank vessel that is constructed in the United States after the date of the enactment of this chapter; ‘‘(C) a tank vessel that is 10 years of age or less on the date the vessel is included in the Fleet; ‘‘(D) a LASH vessel that is 25 years of age or less on the date the vessel is included in the Fleet; or ‘‘(E) any other type of vessel that is 15 years of age or less on the date the vessel is included in the Fleet; ‘‘(4) the vessel is— ‘‘(A) determined by the Secretary of Defense to be suitable for use by the United States for national defense or military purposes in time of war or national emergency; and ‘‘(B) determined by the Secretary to be commercially viable; and ‘‘(5) the vessel— ‘‘(A) is a United States-documented vessel; or ‘‘(B) is not a United States-documented vessel, but— ‘‘(i) 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 ‘‘(ii) 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.

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