PUBLIC LAW 108–136—NOV. 24, 2003
117 STAT. 1807
‘‘(A) during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be owned and operated by a person that— ‘‘(i) is eligible to document a vessel under chapter 121 of this title; ‘‘(ii) operates or manages other United States-documented vessels for the Secretary of Defense, or charters other vessels to the Secretary of Defense; ‘‘(iii) has entered into a special security agreement for purposes of this paragraph with the Secretary of Defense; ‘‘(iv) makes the certification described in paragraph (2)(A)(ii)(III); and ‘‘(v) in the case of a vessel described in paragraph (2)(B), enters into an agreement referred to in that paragraph; and ‘‘(B) the Secretary and the Secretary 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), and have reviewed and agree that there are no other legal, operational, or other impediments that would prohibit the contractor for the vessel from performing its obligations under an operating agreement under this chapter. ‘‘(4) VESSEL OWNED BY DOCUMENTATION CITIZEN AND CHARTERED TO SECTION 2 CITIZEN.—A vessel meets the requirements of this paragraph if, during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be— ‘‘(A) owned by a person that is eligible to document a vessel under chapter 121 of this title; and ‘‘(B) demise chartered to a person that is a citizen of the United States under section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802). ‘‘(d) REQUEST BY SECRETARY OF DEFENSE.—The Secretary of Defense shall request the Secretary of Homeland Security to issue any waiver under the first section of Public Law 81–891 (64 Stat. 1120; 46 U.S.C. App. note prec. 3) that is necessary for purposes of this chapter. ‘‘(e) VESSEL STANDARDS.— ‘‘(1) CERTIFICATE OF INSPECTION.—A vessel used to provide oceangoing transportation which the Secretary of the department in which the Coast Guard is operating determines meets the criteria of subsection (b) of this section but which, on the date of enactment of the Maritime Security Act of 2003, is not a documented vessel (as that term is defined in section 12101 of this title) shall be eligible for a certificate of inspection if the Secretary determines that— ‘‘(A) 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; ‘‘(B) the vessel complies with applicable international agreements and associated guidelines, as determined by
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