---
kind: "section"
citation: "46 U.S.C. § 57104"
title: "46"
title_heading: "Shipping"
number: "57104"
heading: "Acquisition of vessels from sale of obsolete vessels"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/57104"
units:
  - "Subtitle V — Merchant Marine"
  - "Part F — Government-Owned Merchant Vessels"
  - "Chapter 571 — General Authority"
---

# §57104. Acquisition of vessels from sale of obsolete vessels

- (a) **In General.—** The [Secretary](/usc/46/53101.md?p=8) of Transportation may acquire suitable documented [vessels](/usc/46/53501.md?p=9) with amounts in the [Vessel](/usc/46/53501.md?p=9) Operations Revolving Fund derived from the sale of [obsolete vessels](/usc/46/57301.md?p=2) in the National Defense Reserve [Fleet](/usc/46/53101.md?p=3).
- (b) **Valuation.—** The acquired and [obsolete vessels](/usc/46/57301.md?p=2) shall be valued at their scrap value in domestic or foreign markets as of the date of the acquisition for or sale from the [Fleet](/usc/46/53101.md?p=3). However, the value assigned to those [vessels](/usc/46/53501.md?p=9) shall be determined on the same basis, with [consideration](/usc/46/2101.md?p=5) given to the fair value of the cost of moving the [vessel](/usc/46/53501.md?p=9) sold from the [Fleet](/usc/46/53101.md?p=3) to the place of scrapping.
- (c) **Costs Incident to Lay-Up.—** Costs incident to the lay-up of the [vessel](/usc/46/53501.md?p=9) acquired under this section may be paid from amounts in the Fund.
- (d) **Transfers to Non-Citizens.—** A [vessel](/usc/46/53501.md?p=9) sold from the [Fleet](/usc/46/53101.md?p=3) under this section may be scrapped in an approved foreign market without obtaining additional separate approval from the [Secretary](/usc/46/53101.md?p=8) to transfer the [vessel](/usc/46/53501.md?p=9) to a [person](/usc/46/53101.md?p=6) not a citizen of the [United States](/usc/46/53101.md?p=10).

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1660.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 57104 | 46 App.:1160(i). | June 29, 1936, ch. 858, title V, § 510(i), as added Pub. L. 86–575, July 5, 1960, 74 Stat. 312; Pub. L. 89–254, § 1, Oct. 10, 1965, 79 Stat. 980; Pub. L. 91–469, § 13, Oct. 21, 1970, 84 Stat. 1022; Pub. L. 93–605, § 1, Jan. 2, 1975, 88 Stat. 1965; Pub. L. 95–177, Nov. 15, 1977, 91 Stat. 1368; Pub. L. 97–31, § 12(91), Aug. 6, 1981, 95 Stat. 161; Pub. L. 101–595, title VII, § 704, Nov. 16, 1990, 104 Stat. 2994. |

In subsection (b), the words “vessel sold from the Fleet” are substituted for “traded-out vessel” for clarity and consistency.

In subsection (d), the words “without obtaining additional separate approval from the Secretary to transfer the vessel to a person not a citizen of the United States” are substituted for “Notwithstanding the provisions of sections 808 and 835 of this Appendix” for clarity and to avoid the cross references.