--- kind: "section" citation: "46 U.S.C. § 53407" title: "46" title_heading: "Shipping" number: "53407" heading: "National security requirements" release: "119-102" url: "https://uscodex.org/usc/46/53407" units: - "Subtitle V — Merchant Marine" - "Part C — Financial Assistance Programs" - "Chapter 534 — Tanker Security Fleet" --- # §53407. National security requirements - (a) **Emergency Preparedness Agreement Required.—** The [Secretary](/usc/46/53401.md?p=6) of Transportation, in coordination with the [Secretary](/usc/46/53401.md?p=6) of Defense, shall establish an emergency preparedness program under this section under which the [program participant](/usc/46/53401.md?p=5) for an operating agreement under this chapter shall agree, as a condition of the operating agreement, to enter into an emergency preparedness agreement with the [Secretary](/usc/46/53401.md?p=6). The [Secretary](/usc/46/53401.md?p=6) shall negotiate and enter into an Emergency Preparedness Agreement with each [program participant](/usc/46/53401.md?p=5) as promptly as practicable after the [program participant](/usc/46/53401.md?p=5) has entered into the operating agreement. - (b) **Terms of Agreement.—** The terms of an agreement under this section— - (1) shall provide that upon request by the [Secretary](/usc/46/53401.md?p=6) of Defense during time of war or national emergency, or whenever determined by the [Secretary](/usc/46/53401.md?p=6) of Defense to be necessary for national security or contingency operation (as that term is defined in [section 101 of title 10](/usc/10/101.md)), the [program participant](/usc/46/53401.md?p=5) shall make available commercial transportation resources (including services) described in [subsection (d)](#d) to the [Secretary](/usc/46/53401.md?p=6) of Defense; - (2) shall include such additional terms as may be established by the [Secretary](/usc/46/53401.md?p=6) of Transportation and the [Secretary](/usc/46/53401.md?p=6) of Defense; and - (3) shall allow for the modification or addition of terms upon agreement by the [Secretary](/usc/46/53401.md?p=6) of Transportation and the [program participant](/usc/46/53401.md?p=5) and the approval by the [Secretary](/usc/46/53401.md?p=6) of Defense. - (c) **Participation After Expiration of Operating Agreement.—** Except as provided by [section 53406](/usc/46/53406.md), the [Secretary](/usc/46/53401.md?p=6) of Transportation may not require, through an emergency preparedness agreement or an operating agreement, that a [program participant](/usc/46/53401.md?p=5) covered by an operating agreement continue to participate in an emergency preparedness agreement after the operating agreement has expired according to its terms or is otherwise no longer in effect. After the expiration of an emergency preparedness agreement, a [program participant](/usc/46/53401.md?p=5) may voluntarily continue to participate in the agreement. - (d) **Resources Made Available.—** The commercial transportation resources to be made available under an emergency preparedness agreement shall include [vessels](/usc/46/115.md) or capacity in [vessels](/usc/46/115.md), terminal facilities, management services, and other related services, or any agreed portion of such nonvessel resources for activation as the [Secretary](/usc/46/53401.md?p=6) of Defense may determine to be necessary, seeking to minimize disruption of the [program participant](/usc/46/53401.md?p=5)’s service to commercial customers. - (e) **Compensation.—** - (1) **In general.—** The [Secretary](/usc/46/53401.md?p=6) of Transportation shall include in each Emergency Preparedness Agreement provisions approved by the [Secretary](/usc/46/53401.md?p=6) of Defense under which the [Secretary](/usc/46/53401.md?p=6) of Defense shall pay fair and reasonable compensation for all commercial transportation resources provided pursuant to this section. - (2) **Specific requirements.—** Compensation under this subsection— - (A) shall not be less than the [program participant](/usc/46/53401.md?p=5)’s commercial market charges for like transportation resources; - (B) shall be fair and reasonable considering all circumstances; - (C) shall be provided from the time that a [vessel](/usc/46/115.md) or resource is required by the [Secretary](/usc/46/53401.md?p=6) of Defense until the time it is redelivered to the [program participant](/usc/46/53401.md?p=5) and is available to reenter commercial service; and - (D) shall be in addition to and shall not in any way reflect amounts payable under [section 53406 of this title](/usc/46/53406.md). - (f) **Temporary Replacement Vessels.—** Notwithstanding section [55302(a)](/usc/46/55302.md?p=a), [55304](/usc/46/55304.md), [55305](/usc/46/55305.md), or [55314](/usc/46/55314.md) of this title, [section 2631 of title 10](/usc/10/2631.md), or any other cargo preference law of the [United States](/usc/46/114.md)— - (1) a [program participant](/usc/46/53401.md?p=5) may operate or employ in [foreign commerce](/usc/46/53401.md?p=1) a foreign-flag [vessel](/usc/46/115.md) or foreign-flag [vessel](/usc/46/115.md) capacity as a temporary replacement for a [vessel of the United States](/usc/46/116.md) or [vessel of the United States](/usc/46/116.md) capacity that is activated by the [Secretary](/usc/46/53401.md?p=6) of Defense under an emergency preparedness agreement or a primary Department of Defense sealift-approved readiness program; and - (2) such replacement [vessel](/usc/46/115.md) or [vessel](/usc/46/115.md) capacity shall be eligible during the replacement period to transport preference cargoes subject to sections [55302(a)](/usc/46/55302.md?p=a), [55304](/usc/46/55304.md), [55305](/usc/46/55305.md), and [55314](/usc/46/55314.md) of this title and [section 2631 of title 10](/usc/10/2631.md), United States Code, to the same extent as the eligibility of the [vessel](/usc/46/115.md) or [vessel](/usc/46/115.md) capacity replaced. - (g) **Redelivery and Liability of the United States for Damages.—** - (1) **In general.—** All commercial transportation resources activated under an emergency preparedness agreement shall, upon termination of the period of activation, be redelivered to the [program participant](/usc/46/53401.md?p=5) in the same good order and condition as when received, less ordinary wear and tear, or the [Secretary](/usc/46/53401.md?p=6) of Defense shall fully compensate the [program participant](/usc/46/53401.md?p=5) for any necessary repair or replacement. - (2) **Limitation on united states liability.—** Except as may be expressly agreed in an emergency preparedness agreement, or as otherwise provided by law, the Government shall not be liable for disruption of a [program participant](/usc/46/53401.md?p=5)’s commercial business or other consequential damages to the [program participant](/usc/46/53401.md?p=5) arising from the activation of commercial transportation resources under an emergency preparedness agreement. ## Source credit (Added Pub. L. 116–283, div. C, title XXXV, § 3511(a), Jan. 1, 2021, 134 Stat. 4416.)