---
kind: "section"
citation: "46 U.S.C. § 53202"
title: "46"
title_heading: "Shipping"
number: "53202"
heading: "Establishment of the Cable Security Fleet"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/53202"
units:
  - "Subtitle V — Merchant Marine"
  - "Part C — Financial Assistance Programs"
  - "Chapter 532 — Cable Security Fleet"
---

# §53202. Establishment of the Cable Security Fleet

- (a) **In General.—**
  - (1) The [Secretary](/usc/46/53101.md?p=8), in consultation with the [Operating Agency](/usc/46/53201.md?p=7), shall establish a [fleet](/usc/46/53101.md?p=3) of active, commercially viable, [cable vessels](/usc/46/53201.md?p=2) to meet national security requirements. The [fleet](/usc/46/53101.md?p=3) shall consist of privately owned, [United States](/usc/46/53101.md?p=10)-documented [cable vessels](/usc/46/53201.md?p=2) for which there are in effect [Operating Agreements](/usc/46/53201.md?p=8) under this chapter, and shall be known as the Cable Security [Fleet](/usc/46/53101.md?p=3).
  - (2) The [Fleet](/usc/46/53101.md?p=3) described under this section shall include two [vessels](/usc/46/53501.md?p=9).
- (b) **Vessel Eligibility.—** A [cable vessel](/usc/46/53201.md?p=2) 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 [commercial service](/usc/46/2101.md?p=4) providing [cable services](/usc/46/53201.md?p=1);
  - (3) the [vessel](/usc/46/53501.md?p=9) is 40 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) is—
    - (A) determined by the [Operating Agency](/usc/46/53201.md?p=7) to be suitable for engaging in [cable services](/usc/46/53201.md?p=1) by the [United States](/usc/46/53101.md?p=10) in the interest of national security; and
    - (B) determined by the [Secretary](/usc/46/53101.md?p=8) to be commercially viable, whether independently or taking any payments which are the consequence of participation in the [Cable Fleet](/usc/46/53201.md?p=3) into account; 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 [Cable Fleet](/usc/46/53201.md?p=3); and
      - (ii) at the time an [Operating Agreement](/usc/46/53201.md?p=8) 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 and Operators.—**
  - (1) **Vessels 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)[^1] under [section 50501 of this title](/usc/46/50501.md).
  - (2) **Vessels owned by a section 50501 citizen, or united states citizen trust, and chartered to a 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 and operated by 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 subject 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 [Operating Agency](/usc/46/53201.md?p=7) 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, and have reviewed the certification required under [subparagraph (A)(ii)(III)](#c-2-A-ii-III) and determined that there are no 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 a 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 Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives that they have reviewed the certification required by [subparagraph (A)(iv)](#c-3-A-iv) and determined 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 a documentation citizen and chartered to a 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) **Vessel Standards.—**
  - (1) **Certificate of inspection.—** A [cable vessel](/usc/46/53201.md?p=2) 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 Act, is not documented under [chapter 121](/usc/46/chstII/ptH/ch121.md) of this title, shall be eligible for a certificate of inspection if that [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 that [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 that [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)](#d-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)](#d-1-B).
  - (3) **Reliance on classification society.—**
    - (A) **In general.—** The [Secretary](/usc/46/53101.md?p=8) of the Department in which the [Coast Guard](/usc/46/2101.md?p=2) is operating may rely on a certification from the American Bureau of Shipping or, subject to [subparagraph (B)](#d-3-B), another classification society accepted by that [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)](#d-1) and [(2)](#d-2).
    - (B) **Foreign classification society.—** The [Secretary](/usc/46/53101.md?p=8) of the Department in which the [Coast Guard](/usc/46/2101.md?p=2) is operating may accept certification from a foreign classification society under [subparagraph (A)](#d-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).
- (e) **Waiver of Age Registration.—** The [Secretary](/usc/46/53101.md?p=8), in conjunction with the [Operating Agency](/usc/46/53201.md?p=7), may waive the application of the age restriction under [subsection (b)(3)](#b-3) if they jointly determine that the waiver—
  - (1) is in the national interest;
  - (2) the subject [cable vessel](/usc/46/53201.md?p=2) and any associated operating network is and will continue to be economically viable; 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.

## Footnotes

[^1]: So in original. Probably should be capitalized.

## Source credit

(Added Pub. L. 116–92, div. C, title XXXV, § 3521(a), Dec. 20, 2019, 133 Stat. 1989.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the Act, referred to in subsec. (d)(1), means the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.