1
See References in Text note below.
References in Text
Section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1242), referred to in subsec. (b)(1), is section 902 of [act June 29, 1936, ch. 858], [49 Stat. 2015], which was classified to section 1242 of the former Appendix to this title prior to repeal and restatement as chapter 563 of this title by [Pub. L. 109–304], §§ 8(c), 19, Oct. 6, 2006, [120 Stat. 1654], 1713.
Codification
Section, as added and amended by [Pub. L. 115–91], is based on [act Mar. 8, 1946, ch. 82, § 11], [60 Stat. 49]; [June 28, 1947, ch. 161, § 1], [61 Stat. 190]; [Feb. 27, 1948, ch. 78, § 1(a)], [62 Stat. 38]; [Feb. 28, 1949, ch. 12], [63 Stat. 9]; [June 29, 1949, ch. 281, § 1], [63 Stat. 349]; [June 30, 1950, ch. 427, § 2], [64 Stat. 308]; [Pub. L. 97–31, § 12(157)], Aug. 6, 1981, [95 Stat. 167]; [Pub. L. 101–115, § 6], Oct. 13, 1989, [103 Stat. 693]; [Pub. L. 101–225, title III, § 307(12)], Dec. 12, 1989, [103 Stat. 1925]; [Pub. L. 102–241, § 57], Dec. 19, 1991, [105 Stat. 2234]; [Pub. L. 102–587, title VI, § 6205(a)], Nov. 4, 1992, [106 Stat. 5094]; [Pub. L. 104–106, div. A, title X, § 1014(b)], Feb. 10, 1996, [110 Stat. 424]; [Pub. L. 104–239, § 9], Oct. 8, 1996, [110 Stat. 3133]; [Pub. L. 109–364, div. C, title XXXV, § 3503], Oct. 17, 2006, [120 Stat. 2516]; [Pub. L. 110–181, div. C, title XXXV], §§ 3513, 3516, Jan. 28, 2008, [122 Stat. 594], 595; [Pub. L. 112–81, div. C, title XXXV, § 3502], Dec. 31, 2011, [125 Stat. 1716]; [Pub. L. 112–213, title IV, § 410], Dec. 20, 2012, [126 Stat. 1572]; [Pub. L. 114–328, div. C, title XXXV, § 3504], Dec. 23, 2016, [130 Stat. 2776], which was formerly classified to section 4405 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section.
Amendments
2023—Subsec. (g). [Pub. L. 118–31] substituted “an obsolete vessel” for “of insufficient value to remain in the National Defense Reserve Fleet”.
2018—Subsec. (d)(1). [Pub. L. 115–232] substituted “section 8680 of title 10” for “section 7310 of title 10, United States Code,”.
2017—[Pub. L. 115–91, § 3502(b)(6)(A)], inserted section enumerator and catchline.
[Pub. L. 115–91, § 3502(a)(3)], transferred section 11 of act Mar. 8, 1946, to this chapter and renumbered it as this section. See Codification note above.
Subsec. (a). [Pub. L. 115–91, § 3502(b)(6)(A)], inserted heading.
Subsec. (b). [Pub. L. 115–91, § 3502(b)(6)(B)], inserted heading.
Subsec. (e). [Pub. L. 115–91, § 3502(b)(6)(C)], inserted heading and struck out “of title 46, United States Code” after “section 3703a” in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by [Pub. L. 115–232] effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see [section 800 of Pub. L. 115–232], set out as a note preceding section 3001 of Title 10, Armed Forces.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Consideration of Life-Cycle Cost Estimates for Acquisition and Procurement of Vessels
[Pub. L. 118–31, div. C, title XXXV, § 3535], Dec. 22, 2023, [137 Stat. 835], provided that: “In carrying out the acquisition and procurement of vessels in the National Defense Reserve Fleet, the Secretary of Transportation, acting through the Administrator of the Maritime Administration, shall consider the life-cycle cost estimates of vessels during the design and evaluation processes to the maximum extent practicable.”
Recapitalization of National Defense Reserve Fleet
[Pub. L. 117–263, div. C, title XXXV, § 3546], Dec. 23, 2022, [136 Stat. 3100], as amended by [Pub. L. 118–31, div. C, title XXXV, § 3532], Dec. 22, 2023, [137 Stat. 827], provided that:“(a)
In General.—
Subject to the availability of appropriations made specifically available for reimbursements to the Ready Reserve Force, Maritime Administration account of the Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet, the Secretary of the Navy, in consultation with the Chief of Naval Operations and the Commandant of the Coast Guard, shall—
“(1)
complete the design of a sealift vessel for the National Defense Reserve Fleet to allow for the construction of such vessel to begin in fiscal year 2025; and
“(2)
seek to enter into an agreement with an appropriate vessel construction manager under which the vessel construction manager shall enter into a contract for the construction of not more than ten such vessels in accordance with this section.
“(b)
Construction and Documentation Requirements.—
A vessel constructed pursuant to this section shall meet the requirements for, and be issued a certificate of, documentation and a coastwise endorsement under chapter 121 of title 46, United States Code.
“(c)
Design Standards and Construction Practices.—
Subject to subsection (b), a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
“(d)
Consultation With Other Federal Entities.—
The Secretary of the Navy shall consult and coordinate with the Secretary of Transportation and may consult with the heads of other appropriate Federal agencies regarding the vessel described in subsection (a) and activities associated with such vessel.
“(e)
Limitation on Use of Funds for Used Vessels.—
None of the funds authorized to be appropriated by this Act or otherwise made available to carry out this section may be used for the procurement of any used vessel.
“(f)
Limitation.—
Of the amounts authorized to be appropriated by this Act [see Tables for classification] or otherwise made available for fiscal year 2024 for the Secretary of the Navy for travel expenses, not more than 50 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] a report that includes a detailed description of the acquisition strategy for the execution of the authority under subsection (a).”
Vessel Repair and Maintenance Pilot Program
[Pub. L. 104–239, § 16], Oct. 8, 1996, [110 Stat. 3138], provided that:“(a)
In General.—
The Secretary of Transportation shall conduct a pilot program to evaluate the feasibility of using renewable contracts for the maintenance and repair of outported vessels in the Ready Reserve Force to enhance the readiness of those vessels. Under the pilot program, the Secretary, subject to the availability of appropriations and within 6 months after the date of the enactment of this Act [Oct. 8, 1996], shall award 9 contracts for this purpose.
“(b)
Use of Various Contracting Arrangements.—
In conducting a pilot program under this section, the Secretary of Transportation shall use contracting arrangements similar to those used by the Department of Defense for procuring maintenance and repair of its vessels.
“(c)
Contract Requirements.—
Each contract with a shipyard under this section shall—
“(1)
subject to subsection (d), provide for the procurement from the shipyard of all repair and maintenance (including activation, deactivation, and drydocking) for 1 vessel in the Ready Reserve Force that is outported in the geographical vicinity of the shipyard;
“(2)
be effective for 1 fiscal year; and
“(3)
be renewable, subject to the availability of appropriations, for each subsequent fiscal year through fiscal year 1998.
“(d)
Limitation of Work Under Contracts.—
A contract under this section may not provide for the procurement of operation or manning for a vessel that may be procured under another contract for the vessel to which section 11(d)(2) of the Merchant Ship Sales Act of 1946 (
50 U.S.C. App. 1774(d)(2)) [probably means “(
50 U.S.C. App. 1744(d)(2))”, now
46 U.S.C. 57100(c)(2)] applies.
“(e)
Geographic Distribution.—
The Secretary shall seek to distribute contract awards under this section to shipyards located throughout the United States.
“(f)
Reports.—
The Secretary shall submit to the Congress—
“(1)
an interim report on the effectiveness of each contract under this section in providing for economic and efficient repair and maintenance of the vessel included in the contract, no later than 20 months after the date of the enactment of this Act [Oct. 8, 1996]; and
“(2)
a final report on that effectiveness no later than 6 months after the termination of all contracts awarded pursuant to this section.”