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46 U.S.C. § 56308 — Transfer of substitute vessels
Federal law — U.S. Code and appendices · legal_authorities
In the case of any vessel constructed in the United States after January 1, 1937, which has been taken by the United States for use in any manner, the Secretary of Transportation, if in his opinion the transfer would aid in carrying out the policies of this Act,11 See References in Text note below. is authorized to transfer to the owner of such vessel another vessel which is deemed by the Secretary to be of comparable type with adjustments for depreciation and difference in design or speed, and to the extent applicable, such other adjustments and terms and conditions, including transfer of mortgage obligations in favor of the United States binding upon the old vessel, as the Secretary may prescribe.
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Source location: Title 46, Chapter 563, § 56308; chapter-563-emergency-acquisition-of-vessels.md
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In the case of any vessel constructed in the United States after January 1, 1937, which has been taken by the United States for use in any manner, the Secretary of Transportation, if in his opinion the transfer would aid in carrying out the policies of this Act,11 See References in Text note below. is authorized to transfer to the owner of such vessel another vessel which is deemed by the Secretary to be of comparable type with adjustments for depreciation and difference in design or speed, and to the extent applicable, such other adjustments and terms and conditions, including transfer of mortgage obligations in favor of the United States binding upon the old vessel, as the Secretary may prescribe.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Fleet Components.—** The Secretary of Transportation shall maintain a National Defense Reserve Fleet, including any vessel assigned by the Secretary to the Ready Reserve Force component of the fleet, consisting of those vessels owned or acquired by the United States Government that the Secretary of Transportation, after consultation with the Secretary of the Navy, determines are of value for national defense purposes and that the Secretary of Transportation decides to place and maintain in the fleet. Vessels in the National Defense Reserve Fleet, including vessels loaned to State maritime academies, shall be considered public vessels of the United States.
**(b) Permitted Uses.—** Except as otherwise provided by law, a vessel in the fleet may be used—
(1) for an account of an agency of the United States Government in a period during which vessels may be requisitioned under chapter 563; or
(2) on the request of the Secretary of Defense, and in accordance with memoranda of agreement between the Secretary of Transportation and the Secretary of Defense, for—
(A) testing for readiness and suitability for mission performance;
(B) defense sealift functions for which other sealift assets are not reasonably available; and
(C) support of the deployment of the United States armed forces in a military contingency, for military contingency operations, or for civil contingency operations upon orders from the National Command Authority;
(3) for otherwise lawfully permitted storage or transportation of non-defense-related cargo as directed by the Secretary of Transportation with the concurrence of the Secretary of Defense;
(4) for training purposes to the extent authorized by the Secretary of Transportation with the concurrence of the Secretary of Defense;
(5) on a
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section was comprised of section 8 of act Mar. 8, 1946, ch. 82, 60 Stat. 45, as amended. Subsections (a) to (c) of section 8 of act Mar. 8, 1946, were repealed by Pub. L. 101–225, title III, § 307(12), Dec. 12, 1989, 103 Stat. 1925. Subsection (d) of section 8 of act Mar. 8, 1946, was redesignated as and transferred to [section 56308 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section56308&num=0&edition=prelim), Shipping, by Pub. L. 115–91, div. C, title XXXV, § 3502(a)(2), Dec. 12, 2017, 131 Stat. 1910.
Section was formerly classified to section 1741 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
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Federal law — U.S. Code and appendices · legal_authorities
Page 503
TITLE 46—SHIPPING
§ 56309
1 See References in Text note below.
(2) pay the owner an amount sufficient to re-
condition the vessel to that condition, less or-
dinary wear and tear.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1656.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
56307 ..........
46 App.:1242(a) (4th
sentence).
June 29, 1936, ch. 858, title
IX, § 902(a) (4th sentence),
49 Stat. 2015; Pub. L. 97–31,
§ 12(131), Aug. 6, 1981, 95
Stat. 165.
The words ‘‘requisitioned for use but not ownership’’
are substituted for ‘‘taken and used under authority of
this section, but the ownership thereof is not required
by the United States’’ to eliminate unnecessary words.
§ 56308. Transfer of substitute vessels
In the case of any vessel constructed in the
United States after January 1, 1937, which has
been taken by the United States for use in any
manner, the Secretary of Transportation, if in
his opinion the transfer would aid in carrying
out the policies of this Act,1 is authorized to
transfer to the owner of such vessel another ves-
sel which is deemed by the Secretary to be of
comparable type with adjustments for deprecia-
tion and difference in design or speed, and to the
extent applicable, such other adjustments and
terms and conditions, including transfer of
mortgage obligations in favor of the United
States binding upon the old vessel, as the Sec-
retary may prescribe.
(Added and amended Pub. L. 115–91, div. C, title
XXXV, § 3502(a)(2), (b)(5), Dec. 12, 2017, 131 Stat.
1910.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, means act Mar. 8, 1946,
ch. 82, 60 Stat. 41, known as the Merchant Ship Sales
Act of 1946, which was classified principally to chapter
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 56308
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