46 U.S.C. § 57100 — National Defense Reserve Fleet

(a) Fleet Components. The Secretary of Transportation must maintain a National Defense Reserve Fleet, including vessels assigned to its Ready Reserve Force component. It consists of government-owned or acquired vessels that, after consultation with the Secretary of the Navy, the Secretary of Transportation determines are valuable for national defense and chooses to place and keep in the Fleet. Fleet vessels, including those loaned to State^* maritime academies, are public vessels of the United States.

(b) Permitted Uses. Unless another law provides otherwise, a Fleet vessel^* may be used: (1) for a U.S. Government agency^* during a period when vessels may be requisitioned under chapter 563; (2) at the Secretary of Defense's request and under agreements between the Secretaries, for (A) readiness and mission-suitability testing, (B) defense sealift functions when other sealift assets are not reasonably available, and (C) supporting deployment of U.S. armed forces in a military contingency, military contingency operations, or civil contingency operations ordered by the National Command Authority; (3) for otherwise lawful storage or transportation of non-defense cargo as directed by the Secretary of Transportation with the Secretary of Defense's concurrence; (4) for training authorized by the Secretary of Transportation with that concurrence; (5) on a reimbursable basis, for charter to a State, locality, or U.S. Territory, with the Secretary of Defense's prior consent required for certain vessels maintained in 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) To ensure readiness, the Secretary must at minimum maintain vessels so each can be activated within the period in mobilization plans; activate and conduct sea trials as often as necessary; maintain and adequately crew vessels scheduled for activation within five days or less in enhanced readiness; locate such vessels near their specified embarkation ports; and have each inspected against the safety standards that would apply under part B of subtitle II of title 46 if it were not a public vessel. (2)(A) A person, including a shipyard, is eligible for a management contract if the Secretary finds the person has experience operating commercial-type or government public vessels and the capability to operate, maintain, and activate the vessel at a reasonable price. (B) Each contract must require every seaman performing services on the vessel to hold the license or merchant mariner's document that chapter 71 or 73 of title 46 would require for that service if the vessel were not a public vessel.

(d) Foreign Shipyard Limitations. (1) Section 8680 of title 10 applies to vessels specified in subsection (b), and to the Secretary of Transportation for those vessels, as it applies to the vessels and Secretary of the Navy covered by that section. (2) These vessels are those maintained by the Secretary in support of the Department of Defense, including a government-owned vessel assigned to the Ready Reserve Force.

(e) Exemption From Tank Vessel Construction Standards. National Defense Reserve Fleet vessels are exempt from section 3703a.

(f) Use for Civil Contingency Operations and Promotional and Media Events. With the Secretary of Defense's concurrence, the Secretary of Transportation may allow Fleet vessels to be used 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. The Secretary may do so only if the use is in the Government's best interest, after considering (1) available NDRF or RRF resources and the effect on defense and homeland-security mission support; (2) whether the use supports the Maritime Administration's mission without significantly interfering with maintenance, repair, safety, readiness, and resource availability; (3) safety precautions, including liability indemnification when applicable; (4) whether costs will be funded as a reimbursable transaction between Federal agencies when applicable; and (5) other matters the Maritime Administrator considers appropriate.

(g) Vessel Status. A Fleet vessel that the Maritime Administration determines is an "obsolete vessel^*" remains a "vessel" under section 3 of title 1 and remains subject to a vessel's rights and responsibilities under admiralty law at least until delivery to a dismantling facility or other disposal from the Fleet.