---
kind: "section"
citation: "46 U.S.C. § 53107"
title: "46"
title_heading: "Shipping"
number: "53107"
heading: "National security requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/53107"
units:
  - "Subtitle V — Merchant Marine"
  - "Part C — Financial Assistance Programs"
  - "Chapter 531 — Maritime Security Fleet"
---

# §53107. National security requirements

- (a) **Emergency Preparedness Agreement Required.—** The [Secretary](/usc/46/53101.md?p=8) shall establish an Emergency Preparedness Program under this section that is approved by the [Secretary](/usc/46/53101.md?p=8) of Defense. Under the program, the [Secretary](/usc/46/53101.md?p=8), in conjunction with the [Secretary](/usc/46/53101.md?p=8) of Defense, shall include in each [operating agreement](/usc/46/53201.md?p=8) under this chapter a requirement that the [contractor](/usc/46/53101.md?p=2) enter into an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) under this section with the [Secretary](/usc/46/53101.md?p=8). The [Secretary](/usc/46/53101.md?p=8) shall negotiate and enter into an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) with each [contractor](/usc/46/53101.md?p=2) as promptly as practicable after the [contractor](/usc/46/53101.md?p=2) has entered into an [operating agreement](/usc/46/53201.md?p=8) under this chapter.
- (b) **Terms of Agreement.—**
  - (1) **In general.—** An Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) under this section shall require that a [contractor](/usc/46/53101.md?p=2) for a [vessel](/usc/46/53501.md?p=9) covered by an [operating agreement](/usc/46/53201.md?p=8) under this chapter shall make commercial transportation resources (including services) available, upon request by the [Secretary](/usc/46/53101.md?p=8) of Defense during a time of war or national emergency, or whenever the [Secretary](/usc/46/53101.md?p=8) of Defense determines that it is necessary for national security or contingency operation (as that term is defined in [section 101 of title 10](/usc/10/101.md), United States Code).
  - (2) **Basic terms.—**
    - (A) The basic terms of the Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) shall be established (subject to [subparagraph (B)](#b-2-B)) by the [Secretary](/usc/46/53101.md?p=8) and the [Secretary](/usc/46/53101.md?p=8) of Defense.
    - (B) In any Emergency Preparedness [Agreement](/usc/46/53201.md?p=8), the [Secretary](/usc/46/53101.md?p=8) and a [contractor](/usc/46/53101.md?p=2) may agree to additional or modifying terms appropriate to the [contractor](/usc/46/53101.md?p=2)’s circumstances if those terms have been approved by the [Secretary](/usc/46/53101.md?p=8) of Defense.
  - (3) **Defense measures against unauthorized seizures.—**
    - (A) The Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) for any [operating agreement](/usc/46/53201.md?p=8) that first takes effect or is renewed after the date of enactment of the National Defense Authorization Act for [Fiscal Year](/usc/46/53201.md?p=6) 2010 shall require that any [vessel](/usc/46/53501.md?p=9) operating under the [agreement](/usc/46/53201.md?p=8) in the carriage of [cargo](/usc/46/53901.md?p=2) for the Department of Defense in an area that is designated by the [Coast Guard](/usc/46/2101.md?p=2) as an area of high risk of piracy shall be equipped with, at a minimum, appropriate non-lethal defense measures to protect the [vessel](/usc/46/53501.md?p=9), crew, and [cargo](/usc/46/53901.md?p=2) from unauthorized seizure at sea.
    - (B) The [Secretary](/usc/46/53101.md?p=8) of Defense and the [Secretary](/usc/46/53101.md?p=8) of the department in which the [Coast Guard](/usc/46/2101.md?p=2) is operating shall jointly prescribe the non-lethal defense measures that are required under this paragraph.
- (c) **Participation After Expiration of Operating Agreement.—** Except as provided by [section 53105(d)](/usc/46/53105.md?p=d), the [Secretary](/usc/46/53101.md?p=8) may not require, through an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) or [operating agreement](/usc/46/53201.md?p=8), that a [contractor](/usc/46/53101.md?p=2) continue to participate in an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) after the [operating agreement](/usc/46/53201.md?p=8) with the [contractor](/usc/46/53101.md?p=2) has expired according to its terms or is otherwise no longer in effect. After expiration of an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8), a [contractor](/usc/46/53101.md?p=2) may volunteer to continue to participate in such an [agreement](/usc/46/53201.md?p=8).
- (d) **Resources Made Available.—** The commercial transportation resources to be made available under an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) shall include [vessels](/usc/46/53501.md?p=9) or capacity in [vessels](/usc/46/53501.md?p=9), intermodal systems and equipment, terminal facilities, intermodal and management services, and other related services, or any agreed portion of such nonvessel resources for activation as the [Secretary](/usc/46/53101.md?p=8) of Defense may determine to be necessary, seeking to minimize disruption of the [contractor](/usc/46/53101.md?p=2)’s service to commercial shippers.
- (e) **Compensation.—**
  - (1) **In general.—** The [Secretary](/usc/46/53101.md?p=8) shall include in each Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) provisions approved by the [Secretary](/usc/46/53101.md?p=8) of Defense under which the [Secretary](/usc/46/53101.md?p=8) 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 [contractor](/usc/46/53101.md?p=2)’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/46/53501.md?p=9) or resource is required by the [Secretary](/usc/46/53101.md?p=8) of Defense until the time that it is redelivered to the [contractor](/usc/46/53101.md?p=2) and is available to reenter [commercial service](/usc/46/2101.md?p=4); and
    - (D) shall be in addition to and shall not in any way reflect amounts payable under section 53106.
- (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](/usc/46/53901.md?p=2) preference law of the [United States](/usc/46/53101.md?p=10)—
  - (1) a [contractor](/usc/46/53101.md?p=2) may operate or employ in [foreign commerce](/usc/46/53101.md?p=4) a foreign-flag [vessel](/usc/46/53501.md?p=9) or foreign-flag [vessel](/usc/46/53501.md?p=9) capacity as a temporary replacement for a [United States-documented vessel](/usc/46/53101.md?p=12) or [United States-documented vessel](/usc/46/53101.md?p=12) capacity that is activated by the [Secretary](/usc/46/53101.md?p=8) of Defense under an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) or under a primary Department of Defense-approved sealift readiness program; and
  - (2) such replacement [vessel](/usc/46/53501.md?p=9) or [vessel](/usc/46/53501.md?p=9) 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) to the same extent as the eligibility of the [vessel](/usc/46/53501.md?p=9) or [vessel](/usc/46/53501.md?p=9) capacity replaced.
- (g) **Redelivery and Liability of United States for Damages.—**
  - (1) **In general.—** All commercial transportation resources activated under an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8) shall, upon termination of the period of activation, be redelivered to the [contractor](/usc/46/53101.md?p=2) in the same good order and condition as when received, less ordinary wear and tear, or the [Secretary](/usc/46/53101.md?p=8) of Defense shall fully compensate the [contractor](/usc/46/53101.md?p=2) for any necessary repair or replacement.
  - (2) **Limitation on liability of u.s.—** Except as may be expressly agreed to in an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8), or as otherwise provided by law, the Government shall not be liable for disruption of a [contractor](/usc/46/53101.md?p=2)’s commercial business or other consequential damages to a [contractor](/usc/46/53101.md?p=2) arising from activation of commercial transportation resources under an Emergency Preparedness [Agreement](/usc/46/53201.md?p=8).

## Source credit

(Added Pub. L. 108–136, div. C, title XXXV, § 3531(a), Nov. 24, 2003, 117 Stat. 1814; amended Pub. L. 109–304, § 13(a)(6), Oct. 6, 2006, 120 Stat. 1701; Pub. L. 111–84, div. C, title XXXV, § 3505, Oct. 28, 2009, 123 Stat. 2720; Pub. L. 112–239, div. C, title XXXV, § 3508(g), Jan. 2, 2013, 126 Stat. 2225.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (b)(3)(A), is the date of enactment of Pub. L. 111–84, which was approved Oct. 28, 2009.

### Amendments

2013—Subsec. (b)(1). Pub. L. 112–239 amended par. (1) generally. Prior to amendment, text read as follows: “An Emergency Preparedness Agreement under this section shall require that upon a request by the Secretary of Defense during time of war or national emergency, or whenever determined by the Secretary of Defense to be necessary for national security or contingency operation (as that term is defined in section 101 of title 10, United States Code), a contractor for a vessel covered by an operating agreement under this chapter shall make available commercial transportation resources (including services).”

2009—Subsec. (b)(3). Pub. L. 111–84 added par. (3).

2006—Subsec. (f). Pub. L. 109–304 substituted “section 55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 10” for “section 2631 of title 10, United States Code, the Act of March 26, 1934 (46 U.S.C. App. 1241–1), section 901(a), 901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f)” in introductory provisions and “sections 55302(a), 55304, 55305, and 55314 of this title and section 2631 of title 10” for “section 2631 of title 10, United States Code, the Act of March 26, 1934 (46 U.S.C. App. 1241–1), and sections 901(a), 901(b), and 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), and 1241b)” in par. (2).