46 U.S.C. § 53401
(1)
Foreign commerce.— The term “foreign commerce” means—
(A)
commerce or trade between the
United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B)
commerce or trade between foreign countries.
(2)
Participating fleet vessel.— The term “participating Fleet vessel” means any
product tank vessel covered by an operating agreement under this chapter on or after January 1, 2022,
that—
(B)
is no more than 20 years of age.
(3)
Person.— The term “person” includes corporations, partnerships, and associations existing under, or authorized by, laws of the
United States, or any
State, territory, district, or possession thereof, or any foreign country.
(4)
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.
(6)
Secretary.— The term “Secretary” means the Secretary of Transportation, unless the context indicates otherwise.
(7)
United states citizen trust.— The term “United States citizen trust”—
(A)
means a trust for which—
(ii)
the application for documentation of the
vessel under
chapter 121 of this title includes an 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 who 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;
(B)
does not include a trust for which 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 without cause, either directly or indirectly through the
control of another
person, unless the trust instrument provides that
persons who 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; and
(8)
Long term charter.— The term “long term charter” means any time charter of a
product tank vessel to the
United States Government that, together with options, occurs for a continuous period of more than 180 days.
Notes, amendments, and revision history
(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4408; amended Pub. L. 117–81, div. C, title XXXV, § 3515(a), Dec. 27, 2021, 135 Stat. 2243.)
Editorial Notes
Amendments
2021—Par. (8). Pub. L. 117–81 added par. (8).
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 116–283, div. C, title XXXV, § 3511(d), Jan. 1, 2021, 134 Stat. 4419, provided that: In general.—This section [enacting this chapter and provisions set out as a note under section 53402 of this title] shall take effect on the date on which the Secretary of Defense— has completed the report on United States flagged fuel tanker vessel capacity as required by section 3519 of the National Defense Authorization Act for Fiscal Year 2020 [Pub. L. 116–92, 133 Stat. 1987]; has submitted that report to the appropriate committees of Congress; publishes certification— that a program for United States-flagged fuel tanker vessels as prescribed in chapter 534 of title 46, United States Code, as amended by this section, for the purpose of providing additional United States-flagged fuel tanker vessels is in the national security interest of the United State; and of the number of such additional tankers covered under such a program that could be necessary to meet Department of Defense wartime requirements. Appropriate committees of congress defined.—In this section the term ‘appropriate committees of Congress’ means— the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.”