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46 U.S.C. § 57100 — National Defense Reserve Fleet
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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Source file: Laws/federal/codes/united-states-code/title-46/section-57100-national-defense-reserve-fleet--6c8dd60a41.md
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Source location: Title 46, Chapter 571, § 57100; chapter-571-general-authority.md
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**(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 reimbursable basis, for charter to the government of any State, locality, or Territory of the United States, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense; or
(6) for civil contingency operations and Maritime Administration promotional and media events, in accordance with subsection (f).
**(c) Ready Reserve Force Management.—**
(1) **Minimum requirements.—** — To ensure the readiness of vessels in the Ready Reserve Force component of the National Defense Reserve Fleet, the Secretary of Transportation shall, at a minimum—
(A) maintain all of the vessels in a manner that will enable each vessel to be activated within a period specified in plans for mobilization of the vessels;
(B) activate and conduct sea trials on each vessel at a frequency that is considered by the Secretary to be necessary;
(C) maintain and adequately crew, as necessary, in an enhanced readiness status those vessels that are scheduled to be activated in 5 or less days;
(D) locate those vessels that are scheduled to be activated near embarkation ports specified for those vessels; and
(E) notwithstanding [section 2109 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2109&num=0&edition=prelim), United States Code, have each vessel inspected by the Secretary of the department in which the Coast Guard is operating to determine if the vessel meets the safety standards that would apply under part B of subtitle II of that title if the vessel were not a public vessel.
(2) **Vessel managers.—**
(A) *Eligibility for contract.—* — A person, including a shipyard, is eligible for a contract for the management of a vessel in the Ready Reserve Force if the Secretary determines, at a minimum, that the person has—
(i) experience in the operation of commercial-type vessels or public vessels owned by the United States Government; and
(ii) the management capability necessary to operate, maintain, and activate the vessel at a reasonable price.
(B) *Contract requirement.—* — The Secretary of Transportation shall include in each contract for the management of a vessel in the Ready Reserve Force a requirement that each seaman who performs services on any vessel covered by the contract hold the license or merchant mariner’s document that would be required under chapter 71 or chapter 73 of title 46, United States Code, for a seaman performing that service while operating the vessel if the vessel were not a public vessel.
**(d) Applicability of Limitations on Overhaul, Repair, and Maintenance in Foreign Shipyards.—**
(1) **Application of limitation.—** — The provisions of [section 8680 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8680&num=0&edition=prelim) shall apply to vessels specified in subsection (b), and to the Secretary of Transportation with respect to those vessels, in the same manner as those provisions apply to vessels specified in subsection (b) of such section, and to the Secretary of the Navy, respectively.
(2) **Covered vessels.—** — Vessels specified in this paragraph are vessels maintained by the Secretary of Transportation in support of the Department of Defense, including any vessel assigned by the Secretary of Transportation to the Ready Reserve Force that is owned by the United States.
**(e) Exemption From Tank Vessel Construction Standards.—** Vessels in the National Defense Reserve Fleet are exempt from the provisions of section 3703a.
**(f) Use of NDRF Vessels for Civil Contingency Operations and Promotional and Media Events.—** With the concurrence of the Secretary of Defense, the Secretary of Transportation may allow the use of vessels in the National Defense Reserve Fleet (NDRF) for civil contingency operations requested by another Federal agency, and for Maritime Administration promotional and media events relating to demonstration projects and research and development supporting the Administration’s mission, if the Secretary of Transportation determines such use is in the best interest of the Government after considering the following factors:
(1) **Availability.—** — The availability of NDRF or Ready Reserve Force (RRF) resources and the impact of such use on NDRF and RRF mission support to the defense and homeland security requirements of the Government.
(2) **Interference.—** — Whether the use of such of 11 So in original. vessels will support the mission of the Maritime Administration and not significantly interfere with NDRF vessel maintenance, repair, safety, readiness, and resource availability.
(3) **Safety.—** — Whether safety precautions will be taken, including indemnification of liability when applicable.
(4) **Cost.—** — Whether any costs incurred by such use will be funded as a reimbursable transaction between Federal agencies, as applicable.
(5) **Other matters.—** — Any other matters the Maritime Administrator considers appropriate.
**(g) Vessel Status.—** A vessel in the National Defense Reserve Fleet determined by the Maritime Administration to be an obsolete vessel shall remain a vessel within the meaning of that term in [section 3 of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section3&num=0&edition=prelim), United States Code, and subject to the rights and responsibilities of a vessel under admiralty law at least until such time as the vessel is delivered to a dismantling facility or is disposed of otherwise from the National Defense Reserve Fleet.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** Except as provided in subsection (b), no vessel to be constructed for any of the armed forces, and no major component of the hull or superstructure of any such vessel, may be constructed in a foreign shipyard.
**(b) Presidential Waiver for National Security Interest.—**
(1) The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to do so.
(2) The President shall transmit notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date on which the notice of the determination is received by Congress.
**(c) Exception for Inflatable Boats.—** An inflatable boat or a rigid inflatable boat, as defined by the Secretary of the Navy, is not a vessel for the purpose of the restriction in subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8679
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Great Lakes St. Lawrence Seaway Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 2109
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Vessels Under Jurisdiction of the Secretary of the Navy With Homeport in United States, Guam, or Commonwealth of the Northern Mariana Islands.—**
(1) A naval vessel the homeport of which is in the United States, Guam, or the Commonwealth of the Northern Mariana Islands may not be overhauled, repaired, or maintained in a shipyard outside the United States, Guam, or the Commonwealth of the Northern Mariana Islands.
(2)
(A) Notwithstanding paragraph (1) and subject to subparagraph (B), in the case of a naval vessel classified as a Littoral Combat Ship and operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel—
(i) in a foreign shipyard;
(ii) at a facility outside of a foreign shipyard; or
(iii) at any other facility convenient to the vessel.
(B)
(i)
(I) Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) if the work is performed by United States Government personnel or United States contractor personnel.
(II) Notwithstanding subclause (I), foreign workers may be used to perform corrective and preventive maintenance or repair on a vessel as described in subparagraph (A) only if the Secretary of the Navy determines that travel by United States Government personnel or United States contractor personnel to perform the corrective or preventive maintenance or repair is not advisable for health or safety reasons. The Secretary of the Navy may not delegate the authority to make a determination under this subclause.
(III) Not later than 30 days after making a determination under subclause (II), the Secretary of the Navy shall submit to the congressional defen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8680
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
The word “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
Source: Supplied U.S. Code snapshot — release unconfirmed · 1 U.S.C. § 3
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Mar. 8, 1946, ch. 82, § 11, 60 Stat. 49, as amended, was redesignated as and transferred to [section 57100 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section57100&num=0&edition=prelim), Shipping, by Pub. L. 115–91, div. C, title XXXV, § 3502(a)(3), Dec. 12, 2017, 131 Stat. 1910.
Section was formerly classified to section 1744 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4405
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is established in the Treasury of the United States a fund to be known as the “National Defense Sealift Fund”.
**(b) Administration of Fund.—** The Secretary of Defense shall administer the Fund consistent with the provisions of this section.
**(c) Fund Purposes.—**
(1) Funds in the National Defense Sealift Fund shall be available for obligation and expenditure only for the following purposes:
(A) Construction (including design of vessels), purchase, alteration, and conversion of Department of Defense sealift vessels.
(B) Operation, maintenance, and lease or charter of Department of Defense vessels for national defense purposes.
(C) Installation and maintenance of defense features for national defense purposes on privately owned and operated vessels that are constructed in the United States and documented under the laws of the United States.
(D) Expenses for maintaining the National Defense Reserve Fleet under [section 57100 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section57100&num=0&edition=prelim) and for the costs of acquisition of vessels for, and alteration and conversion of vessels in (or to be placed in), the fleet, but only for vessels built in United States shipyards.
(2) Funds in the National Defense Sealift Fund may be obligated or expended only in amounts authorized by law.
(3) Funds obligated and expended for a purpose set forth in subparagraph (B) of paragraph (1) may be derived only from funds deposited in the National Defense Sealift Fund pursuant to subsection (d)(1).
**(d) Deposits.—** There shall be deposited in the Fund the following:
(1) All funds appropriated to the Department of Defense for—
(A) construction (including design of vessels), purchase, alterat
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2218
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 56308
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Federal law — U.S. Code and appendices · legal_authorities
Page 507
TITLE 46—SHIPPING
§ 57100
sels in the National Defense Reserve Fleet’’ for ‘‘Sale of
obsolete vessels in National Defense Reserve Fleet’’ in
item 57103.
§ 57100. National Defense Reserve Fleet
(a) FLEET
COMPONENTS.—The Secretary of
Transportation shall maintain a National De-
fense Reserve Fleet, including any vessel as-
signed 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 Trans-
portation, 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 Re-
serve Fleet, including vessels loaned to State
maritime academies, shall be considered public
vessels of the United States.
(b) PERMITTED USES.—Except as otherwise pro-
vided 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 De-
fense, and in accordance with memoranda of
agreement between the Secretary of Transpor-
tation 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 avail-
able; and
(C) support of the deployment of the
United States armed forces in a military
contingency, for military contingency oper-
ations, or for civil contingency operations
upon orders from the National Command Au-
thority;
(3) for otherwise lawfully permitted storage
or transportation of non-defense-related cargo
as directed by t
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 57100
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