§53201. Definitions

In this chapter:

(1) Cable services.-The term "cable services" means the installation, maintenance, or repair of submarine cables and related equipment, and related cable vessel operations.

(2) Cable vessel.-The term "cable vessel" means a vessel-

(A) classed as a cable ship or cable vessel by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by the Secretary; and

(B) capable of installing, maintaining, and repairing submarine cables.

(3) Cable fleet.-The term "Cable Fleet" means the Cable Security Fleet established under section 53202(a).

(4) Contingency agreement.-The term "Contingency Agreement" means the agreement required by section 53207.

(5) Contractor.-The term "Contractor" means an owner or operator of a vessel that enters into an Operating Agreement for a cable vessel with the Secretary under section 53203.

(6) Fiscal year.-The term "fiscal year" means any annual period beginning on October 1 and ending on September 30.

(7) Operating agency.-The term "Operating Agency" means that agency or component of the Department of Defense so designated by the Secretary of Defense under this chapter.

(8) Operating agreement or agreement.-The terms "Operating Agreement" or "Agreement" mean the agreement required by section 53203.

(9) Person.-The term "person" includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.

(10) Secretary.-The term "Secretary" means the Secretary of Transportation.

(11) United states.-The term "United States" includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.

(12) United states citizen trust.-

(A) Subject to paragraph (C), the term "United States citizen trust" means a trust that is qualified under this paragraph.

(B) A trust is qualified under this paragraph with respect to a vessel only if-

(i) it was created under the laws of a state of the United States;

(ii) each of the trustees is a citizen of the United States; and

(iii) the application for documentation of the vessel under chapter 121 of this title includes the 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 that 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.

(C) If any person that is not a citizen of the United States has authority to direct, or participate in directing, the 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 for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph 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 direct or remove a trustee.

(D) This paragraph shall not be considered to prohibit a person who is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.

(Added Pub. L. 116–92, div. C, title XXXV, §3521(a), Dec. 20, 2019, 133 Stat. 1988 .)