---
kind: "section"
citation: "46 U.S.C. § 53102"
title: "46"
title_heading: "Shipping"
number: "53102"
heading: "Establishment of Maritime Security Fleet"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/53102"
units:
  - "Subtitle V — Merchant Marine"
  - "Part C — Financial Assistance Programs"
  - "Chapter 531 — Maritime Security Fleet"
---

# §53102. Establishment of Maritime Security Fleet

- (a) **In General.—** The [Secretary](/usc/46/53101.md?p=8) of Transportation, in consultation with the [Secretary](/usc/46/53101.md?p=8) of Defense, shall establish a [fleet](/usc/46/53101.md?p=3) of active, commercially viable, militarily useful, privately owned [vessels](/usc/46/53501.md?p=9) to meet national defense and other security requirements and maintain a [United States](/usc/46/53101.md?p=10) presence in international commercial shipping. The [Fleet](/usc/46/53101.md?p=3) shall consist of privately owned, [United States-documented vessels](/usc/46/53101.md?p=12) for which there are in effect [operating agreements](/usc/46/53201.md?p=8) under this chapter, and shall be known as the Maritime Security [Fleet](/usc/46/53101.md?p=3).
- (b) **Vessel Eligibility.—** A [vessel](/usc/46/53501.md?p=9) is eligible to be included in the [Fleet](/usc/46/53101.md?p=3) if—
  - (1) the [vessel](/usc/46/53501.md?p=9) meets the requirements of paragraph [(1)](#c-1), [(2)](#c-2), [(3)](#c-3), or [(4)](#c-4) of subsection (c);
  - (2) the [vessel](/usc/46/53501.md?p=9) is operated (or in the case of a [vessel](/usc/46/53501.md?p=9) to be constructed, will be operated) in providing transportation in [foreign commerce](/usc/46/53101.md?p=4);
  - (3) the [vessel](/usc/46/53501.md?p=9) is self-propelled and—
    - (A) is a [tank vessel](/usc/46/53101.md?p=9) that is 10 years of age or less on the date the [vessel](/usc/46/53501.md?p=9) is included in the [Fleet](/usc/46/53101.md?p=3); or
    - (B) is any other type of [vessel](/usc/46/53501.md?p=9) that is 15 years of age or less on the date the [vessel](/usc/46/53501.md?p=9) is included in the [Fleet](/usc/46/53101.md?p=3);
  - (4) the [vessel](/usc/46/53501.md?p=9)—
    - (A) is suitable for use by the [United States](/usc/46/53101.md?p=10) for national defense or military purposes in time of war or national emergency, as determined by the [Secretary](/usc/46/53101.md?p=8) of Defense; and
    - (B) is commercially viable, as determined by the [Secretary](/usc/46/53101.md?p=8); and
  - (5) the [vessel](/usc/46/53501.md?p=9)—
    - (A) is a [United States-documented vessel](/usc/46/53101.md?p=12); or
    - (B) is not a [United States-documented vessel](/usc/46/53101.md?p=12), but—
      - (i) the owner of the [vessel](/usc/46/53501.md?p=9) has demonstrated an intent to have the [vessel](/usc/46/53501.md?p=9) documented under [chapter 121](/usc/46/chstII/ptH/ch121.md) of this title if it is included in the [Fleet](/usc/46/53101.md?p=3); and
      - (ii) at the time an [operating agreement](/usc/46/53201.md?p=8) for the [vessel](/usc/46/53501.md?p=9) is entered into under this chapter, the [vessel](/usc/46/53501.md?p=9) is eligible for documentation under [chapter 121](/usc/46/chstII/ptH/ch121.md) of this title.
- (c) **Requirements Regarding Citizenship of Owners, Charterers, and Operators.—**
  - (1) **Vessel owned and operated by section 50501 citizens.—** A [vessel](/usc/46/53501.md?p=9) meets the requirements of this paragraph if, during the period of an [operating agreement](/usc/46/53201.md?p=8) under this chapter that applies to the [vessel](/usc/46/53501.md?p=9), the [vessel](/usc/46/53501.md?p=9) will be owned and operated by one or more [persons](/usc/46/53101.md?p=6) that are citizens of the [United States](/usc/46/53101.md?p=10) under [section 50501 of this title](/usc/46/50501.md).
  - (2) **Vessel owned by section 50501 citizen or united states citizen trust, and chartered to documentation citizen.—** A [vessel](/usc/46/53501.md?p=9) meets the requirements of this paragraph if—
    - (A) during the period of an [operating agreement](/usc/46/53201.md?p=8) under this chapter that applies to the [vessel](/usc/46/53501.md?p=9), the [vessel](/usc/46/53501.md?p=9) will be—
      - (i) owned by a [person](/usc/46/53101.md?p=6) that is a citizen of the [United States](/usc/46/53101.md?p=10) under [section 50501 of this title](/usc/46/50501.md) or that is a [United States citizen trust](/usc/46/53101.md?p=11-A); and
      - (ii) demise chartered to a [person](/usc/46/53101.md?p=6)—
        - (I) that is eligible to document the [vessel](/usc/46/53501.md?p=9) under [chapter 121](/usc/46/chstII/ptH/ch121.md) of this title;
        - (II) 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](/usc/46/53101.md?p=10) under [section 50501 of this title](/usc/46/50501.md), and are appointed and subjected to removal only upon approval by the [Secretary](/usc/46/53101.md?p=8); and
        - (III) that certifies to the [Secretary](/usc/46/53101.md?p=8) that there are no treaties, statutes, regulations, or other laws that would prohibit the [contractor](/usc/46/53101.md?p=2) for the [vessel](/usc/46/53501.md?p=9) from performing its [obligations](/usc/46/53701.md?p=9) under an [operating agreement](/usc/46/53201.md?p=8) under this chapter;
    - (B) in the case of a [vessel](/usc/46/53501.md?p=9) that will be demise chartered to a [person](/usc/46/53101.md?p=6) that is owned or controlled by another [person](/usc/46/53101.md?p=6) that is not a citizen of the [United States](/usc/46/53101.md?p=10) under [section 50501 of this title](/usc/46/50501.md), the other [person](/usc/46/53101.md?p=6) enters into an [agreement](/usc/46/53201.md?p=8) with the [Secretary](/usc/46/53101.md?p=8) not to influence the operation of the [vessel](/usc/46/53501.md?p=9) in a manner that will adversely affect the interests of the [United States](/usc/46/53101.md?p=10); and
    - (C) the [Secretary](/usc/46/53101.md?p=8) and the [Secretary](/usc/46/53101.md?p=8) 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)](#c-2-A-ii-III), and have reviewed and agree that there are no other legal, operational, or other impediments that would prohibit the [contractor](/usc/46/53101.md?p=2) for the [vessel](/usc/46/53501.md?p=9) from performing its [obligations](/usc/46/53701.md?p=9) under an [operating agreement](/usc/46/53201.md?p=8) under this chapter.
  - (3) **Vessel owned and operated by defense contractor.—** A [vessel](/usc/46/53501.md?p=9) meets the requirements of this paragraph if—
    - (A) during the period of an [operating agreement](/usc/46/53201.md?p=8) under this chapter that applies to the [vessel](/usc/46/53501.md?p=9), the [vessel](/usc/46/53501.md?p=9) will be owned and operated by a [person](/usc/46/53101.md?p=6) that—
      - (i) is eligible to document a [vessel](/usc/46/53501.md?p=9) under [chapter 121](/usc/46/chstII/ptH/ch121.md) of this title;
      - (ii) operates or manages other [United States-documented vessels](/usc/46/53101.md?p=12) for the [Secretary](/usc/46/53101.md?p=8) of Defense, or charters other [vessels](/usc/46/53501.md?p=9) to the [Secretary](/usc/46/53101.md?p=8) of Defense;
      - (iii) has entered into a special security [agreement](/usc/46/53201.md?p=8) for purposes of this paragraph with the [Secretary](/usc/46/53101.md?p=8) of Defense;
      - (iv) makes the certification described in [paragraph (2)(A)(ii)(III)](#c-2-A-ii-III); and
      - (v) in the case of a [vessel](/usc/46/53501.md?p=9) described in [paragraph (2)(B)](#c-2-B), enters into an [agreement](/usc/46/53201.md?p=8) referred to in that paragraph; and
    - (B) the [Secretary](/usc/46/53101.md?p=8) and the [Secretary](/usc/46/53101.md?p=8) 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)](#c-3-A-iv), and have reviewed and agree that there are no other legal, operational, or other impediments that would prohibit the [contractor](/usc/46/53101.md?p=2) for the [vessel](/usc/46/53501.md?p=9) from performing its [obligations](/usc/46/53701.md?p=9) under an [operating agreement](/usc/46/53201.md?p=8) under this chapter.
  - (4) **Vessel owned by documentation citizen and chartered to section 50501 citizen.—** A [vessel](/usc/46/53501.md?p=9) meets the requirements of this paragraph if, during the period of an [operating agreement](/usc/46/53201.md?p=8) under this chapter that applies to the [vessel](/usc/46/53501.md?p=9), the [vessel](/usc/46/53501.md?p=9) will be—
    - (A) owned by a [person](/usc/46/53101.md?p=6) that is eligible to document a [vessel](/usc/46/53501.md?p=9) under [chapter 121](/usc/46/chstII/ptH/ch121.md) of this title; and
    - (B) demise chartered to a [person](/usc/46/53101.md?p=6) that is a citizen of the [United States](/usc/46/53101.md?p=10) under [section 50501 of this title](/usc/46/50501.md).
- (d) **Request by Secretary of Defense.—** The [Secretary](/usc/46/53101.md?p=8) of Defense shall request the [Secretary](/usc/46/53101.md?p=8) of Homeland Security to issue any waiver under [section 501 of this title](/usc/46/501.md) that is necessary for purposes of this chapter.
- (e) **Vessel Standards.—**
  - (1) **Certificate of inspection.—** A [vessel](/usc/46/53501.md?p=9) used to provide oceangoing transportation which the [Secretary](/usc/46/53101.md?p=8) of the department in which the [Coast Guard](/usc/46/2101.md?p=2) is operating determines meets the criteria of [subsection (b)](#b) of this section but which, on the date of enactment of the Maritime Security Act of 2003, is not documented under [chapter 121](/usc/46/chstII/ptH/ch121.md) of this title, shall be eligible for a certificate of inspection if the [Secretary](/usc/46/53101.md?p=8) determines that—
    - (A) the [vessel](/usc/46/53501.md?p=9) is classed by and designed in accordance with the rules of the American Bureau of Shipping, or another classification society accepted by the [Secretary](/usc/46/53101.md?p=8);
    - (B) the [vessel](/usc/46/53501.md?p=9) complies with applicable international [agreements](/usc/46/53201.md?p=8) and associated guidelines, as determined by the country in which the [vessel](/usc/46/53501.md?p=9) was documented immediately before becoming documented under [chapter 121](/usc/46/chstII/ptH/ch121.md); and
    - (C) that country has not been identified by the [Secretary](/usc/46/53101.md?p=8) as inadequately enforcing international [vessel](/usc/46/53501.md?p=9) regulations as to that [vessel](/usc/46/53501.md?p=9).
  - (2) **Continued eligibility for certificate.—** [Paragraph (1)](#e-1) does not apply to a [vessel](/usc/46/53501.md?p=9) after any date on which the [vessel](/usc/46/53501.md?p=9) fails to comply with the applicable international [agreements](/usc/46/53201.md?p=8) and associated guidelines referred to in [paragraph (1)(B)](#e-1-B).
  - (3) **Reliance on classification society.—**
    - (A) **In general.—** The [Secretary](/usc/46/53101.md?p=8) may rely on a certification from the American Bureau of Shipping or, subject to [subparagraph (B)](#e-3-B), another classification society accepted by the [Secretary](/usc/46/53101.md?p=8) to establish that a [vessel](/usc/46/53501.md?p=9) is in compliance with the requirements of paragraphs [(1)](#e-1) and [(2)](#e-2).
    - (B) **Foreign classification society.—** The [Secretary](/usc/46/53101.md?p=8) may accept certification from a foreign classification society under [subparagraph (A)](#e-3-A) only—
      - (i) 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
      - (ii) if the foreign classification society has offices and maintains records in the [United States](/usc/46/53101.md?p=10).
- (f) **Authority To Waive Age Restriction for Eligibility of a Vessel To Be Included in Fleet.—** The [Secretary](/usc/46/53101.md?p=8) of Defense, in conjunction with the [Secretary](/usc/46/53101.md?p=8) of Transportation, may waive the application of an age restriction under [subsection (b)(3)](#b-3) if the [Secretaries](/usc/46/53101.md?p=8) jointly determine that the waiver—
  - (1) is in the national interest;
  - (2) is appropriate to allow the maintenance of the economic viability of the [vessel](/usc/46/53501.md?p=9) and any associated operating network; and
  - (3) is necessary due to the lack of availability of other [vessels](/usc/46/53501.md?p=9) and operators that comply with the requirements of this chapter.
- (g) **Authority To Extend Maximum Service Age for Vessel.—** The [Secretary](/usc/46/53101.md?p=8) of Defense, in conjunction with the [Secretary](/usc/46/53101.md?p=8) of Transportation, may, for a particular [participating fleet vessel](/usc/46/53101.md?p=5), treat the ages specified in [section 53101(5)(A)(ii)](/usc/46/53101.md?p=5-A-ii) and [section 53106(c)(3)](/usc/46/53106.md?p=c-3) as increased by up to 5 years if the [Secretaries](/usc/46/53101.md?p=8) jointly determine that it is in the national interest to do so.

## Source credit

(Added Pub. L. 108–136, div. C, title XXXV, § 3531(a), Nov. 24, 2003, 117 Stat. 1805; amended Pub. L. 109–304, § 13(a)(1), Oct. 6, 2006, 120 Stat. 1700; Pub. L. 112–239, div. C, title XXXV, § 3508(b), Jan. 2, 2013, 126 Stat. 2223; Pub. L. 114–328, div. C, title XXXV, § 3502(a), Dec. 23, 2016, 130 Stat. 2774.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the Maritime Security Act of 2003, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 108–136, which was approved Nov. 24, 2003.

### Amendments

2016—Subsec. (f). Pub. L. 114–328, § 3502(a)(2), substituted “Authority To Waive Age Restriction for Eligibility of a Vessel To Be Included in Fleet” for “Waiver of Age Restriction” in heading.

Subsec. (g). Pub. L. 114–328, § 3502(a)(1), added subsec. (g).

2013—Subsec. (b). Pub. L. 112–239 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to vessel eligibility, including provisions for certain roll-on/roll-off and LASH vessels.

2006—Subsec. (c). Pub. L. 109–304, § 13(a)(1)(A), (B), substituted “section 50501” for “section 2” in the headings of pars. (1), (2), and (4) and substituted “section 50501 of this title” for “section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)” in pars. (1), (2)(A)(i), (ii)(II), (B), and (4)(B).

Subsec. (d). Pub. L. 109–304, § 13(a)(1)(C), substituted “section 501 of this title” for “the first section of Public Law 81–891 (64 Stat. 1120; 46 U.S.C. App. note prec. 3)”.

Subsec. (e)(1). Pub. L. 109–304, § 13(a)(1)(D), substituted “documented under chapter 121 of this title,” for “a documented vessel (as that term is defined in section 12101 of this title)” in introductory provisions and “documented under chapter 121” for “a documented vessel (as defined in that section)” in subpar. (B).

### Statutory Notes and Related Subsidiaries

### Vessel Standards

Pub. L. 104–324, title XI, § 1137, Oct. 19, 1996, 110 Stat. 3988, as amended by Pub. L. 108–136, div. C, title XXXV, § 3534(b)(2), Nov. 24, 2003, 117 Stat. 1818, provided that: Certificate of Inspection.—A vessel used to provide transportation service as a common carrier which the Secretary of Transportation determines meets the criteria of section 53102(b) of title 46, United States Code, but which on the date of enactment of this Act [Oct. 19, 1996] is not a documented vessel (as that term is defined in section 2101 [now section 106] of title 46, United States Code), shall be eligible for a certificate of inspection if the Secretary determines that— 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. Continued Eligibility for Certificate.—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).Reliance on Classification Society.— In general.—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). Foreign classification society.—The Secretary may accept certification from a foreign classification society under paragraph (1) only— 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.”