LOAN GUARANTEES.

SEC. 3526. LOAN GUARANTEES. Section 1104A of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274) is amended—(1) by striking subsection (d)(5); and(2) in subsection (f)—(A) by striking “(including for obtaining independent analysis under subsection (d)(4))”;(B) by inserting “(1)” after “(f)”; and(C) by adding at the end the following:“(2) The Secretary may make a determination that aspects of an application under this title require independent analysis to be conducted by third party experts due to risk factors associated with markets, technology, financial structures, or other risk factors identified by the Secretary. Any independent analysis conducted pursuant to this provision shall be performed by a party chosen by the Secretary. “(3) Notwithstanding any other provision of this title, the Secretary may make a determination that an application under this title requires additional equity because of increased risk factors associated with markets, technology, financial structures, or other risk factors identified by the Secretary.“(4) The Secretary may charge and collect fees to cover the costs of independent analysis under paragraph (2). Notwithstanding section 3302 of title 31, United States Code, any fee collected under this paragraph shall—117 STAT. 1802“(A) be credit as an offsetting collection to the account that finances the administration of the loan guarantee program;“(B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and“(C) shall remain available until expended.”.