---
kind: "section"
citation: "46 U.S.C. § 53402"
title: "46"
title_heading: "Shipping"
number: "53402"
heading: "Establishment of the Tanker Security Fleet"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/53402"
units:
  - "Subtitle V — Merchant Marine"
  - "Part C — Financial Assistance Programs"
  - "Chapter 534 — Tanker Security Fleet"
---

# §53402. Establishment of the Tanker 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 [product tank vessels](/usc/46/53101.md?p=7) 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 [vessels](/usc/46/53501.md?p=9) of the [United States](/usc/46/53101.md?p=10) for which there are in effect [operating agreements](/usc/46/53201.md?p=8) under this chapter, and shall be known as the “[Tanker](/usc/46/2101.md?p=52) Security [Fleet](/usc/46/53101.md?p=3)” (hereafter in this chapter referred to as the “[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 the [vessel](/usc/46/53501.md?p=9)—
  - (1) meets the requirements under paragraph [(1)](#c-1), [(2)](#c-2), [(3)](#c-3), or [(4)](#c-4) of subsection (c);
  - (2) 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 [United States](/usc/46/53101.md?p=10) [foreign commerce](/usc/46/53101.md?p=4);
  - (3) is self-propelled;
  - (4) is not more than 10 years of age on the date the [vessel](/usc/46/53501.md?p=9) is first included in the [Fleet](/usc/46/53101.md?p=3);
  - (5) is determined by the [Secretary](/usc/46/53101.md?p=8) of Defense to be 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;
  - (6) is commercially viable, as determined by the [Secretary](/usc/46/53101.md?p=8) of Transportation; and
  - (7) is—
    - (A) a [vessel](/usc/46/53501.md?p=9) of the [United States](/usc/46/53101.md?p=10); or
    - (B) not a [vessel](/usc/46/53501.md?p=9) of the [United States](/usc/46/53101.md?p=10), 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) 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) **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) 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 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) of Transportation; and
        - (III) that certifies to the [Secretary](/usc/46/53101.md?p=8) of Transportation that there are no treaties, statutes, regulations, or other laws that would prohibit the [program participant](/usc/46/53401.md?p=5) 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) of Transportation 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) of Transportation 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 and the Committee on Transportation and Infrastructure of the House of Representatives that the [Secretaries](/usc/46/53101.md?p=8) concur with the certification required under [subparagraph (A)(ii)(III)](#c-2-A-ii-III), and have reviewed and agree that there are no legal, operational, or other impediments that would prohibit the owner or operator 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) **Vessels 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 [vessels](/usc/46/53501.md?p=9) of the [United States](/usc/46/53101.md?p=10) 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 the purpose 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) of Transportation 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 and the Committee on Transportation and Infrastructure 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 legal, operational, or other impediments that would prohibit the [program participant](/usc/46/53401.md?p=5) 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) **Vessels owned by documentation citizens and chartered to 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, the [vessel](/usc/46/53501.md?p=9) will be—
    - (A) owned by a [person](/usc/46/53101.md?p=6) who 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 that the [Secretary](/usc/46/53101.md?p=8) of Homeland Security issue any waiver under [section 501 of this title](/usc/46/501.md) that the [Secretary](/usc/46/53101.md?p=8) of Defense determines 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 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) but which, on the date of enactment of this section, is not documented under [chapter 121](/usc/46/chstII/ptH/ch121.md), shall be eligible for a certificate of inspection if 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 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 [Commandant](/usc/46/2101.md?p=3) of the [Coast Guard](/usc/46/2101.md?p=2);
    - (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) of this title; and
    - (C) the country has not been identified by the [Commandant](/usc/46/2101.md?p=3) of the [Coast Guard](/usc/46/2101.md?p=2) 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.—** [Subsection (a)](#a) shall not apply to any [vessel](/usc/46/53501.md?p=9) that has failed 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 [Commandant](/usc/46/2101.md?p=3) of the [Coast Guard](/usc/46/2101.md?p=2) 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 [Commandant](/usc/46/2101.md?p=3) of the [Coast Guard](/usc/46/2101.md?p=2), to establish that a [vessel](/usc/46/53501.md?p=9) is in compliance with the requirements of [paragraph (1)](#e-1).
    - (B) **Foreign classification society.—** The [Commandant](/usc/46/2101.md?p=3) of the [Coast Guard](/usc/46/2101.md?p=2) 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).

## Source credit

(Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4409.)

## Notes

### Statutory Notes and Related Subsidiaries

### Deadline for Accepting Applications

Pub. L. 116–283, div. C, title XXXV, § 3511(c), Jan. 1, 2021, 134 Stat. 4419, provided that: In general.—The Secretary of Transportation shall begin accepting applications for enrollment of vessels in the Tanker Security Fleet established under chapter 534 of title 46, United States Code, as added by subsection (a), by not later than 60 days after the date of the enactment of this title [Jan. 1, 2021]. Approval.—Not later than 90 days after receipt of an application for the enrollment of a vessel in the Tanker Security Fleet, the Secretary of Transportation, in coordination with the Secretary of Defense shall— approve the application and enter into an operating agreement with the applicant; or provide to the applicant a written explanation for the denial of the application. Vessels operating in maritime security fleet.—Notwithstanding the requirements of section 53402(b) of title 46, United States Code, the Secretary of Transportation shall approve an application submitted under chapter 534 of title 46, United State Code, for a product tank vessel for which there is, on the date of enactment of this title, an effective operating agreement under chapter 531 of title 46, United States Code.”