The Secretary of the Navy shall prescribe a suitable flag to be known as the Navy Reserve flag. This flag may be flown by a seagoing merchant vessel if—

1. (1) the vessel is documented under the laws of the United States;
2. (2) the vessel has been designated by the Secretary, under such regulations as he prescribes, as suitable for service as a naval auxiliary in time of war; and
3. (3) the master or commanding officer and at least half of the other licensed officers of the vessel are members of the Navy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 447; Pub. L. 109–163, div. A, title V, § 515(b)(1)(T), (3)(D), Jan. 6, 2006, 119 Stat. 3233, 3234.)

In clause (3) the words “at least half” are substituted for the words “not less than 50 per centum”. The words “or Naval Reserve” are omitted as surplusage, since the Navy includes the Naval Reserve.

Amendments 2006—Pub. L. 109–163, § 515(b)(3)(D), substituted “Navy Reserve” for “Naval Reserve” in section catchline.

Pub. L. 109–163, § 515(b)(1)(T), substituted “Navy Reserve” for “Naval Reserve” in introductory provisions.