Pub. L. 109-163, div. C, tit. XXXV, sec. 3507
TRANSFER OF AUTHORITY FOR TITLE XI NON-FISHING LOAN GUARANTEE DECISIONS TO MARITIME ADMINISTRATION.
SEC. 3507. TRANSFER OF AUTHORITY FOR TITLE XI NON-FISHING LOAN GUARANTEE DECISIONS TO MARITIME ADMINISTRATION.(a) In General.—Title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), as amended by subsection (d) of this section, is amended—(1) by striking “Secretary” each place it appears and inserting “Secretary or Administrator” in—(A) section 1101(c), (f), and (g);(B) section 1102;(C) section 1103(a), (b), (c), (e), (g), and (h);(D) section 1104A, except in—(i) subsection (b)(7) and the undesignated paragraph that follows;(ii) paragraphs (1), (2), (3)(B), and (4) of subsection (d);(iii) subsection (e)(2)(F) the second place it appears;(iv) subsection (j); and(v) subsection (n)(1) the first place it appears;(E) section 1104B;(F) section 1105(a), (b), (c), and (e);(G) section 1105(d) the first, second, third, fifth, and last places it appears; and(H) sections 1108, 1109 (except the second place it appears in subsection (c)), and 1113 (as redesignated by subsection (d) of this section);(2) by striking “Secretary” and inserting “Administrator” in—(A) section 1103(i);(B) section 1103(j) the first place it appears;(C) section 1104A(b)(7) each place it appears but not in the undesignated paragraph that follows subsection (b)(7);(D) section 1104A(d)(1)(A) each place it appears except the first;(E) section 1104A(d)(3) each place it appears except in subparagraph (B);(F) section 1104A(j)(1) the first, fifth, and seventh places it appears;(G) section 1104A(n) each place it appears except the first;(H) section 1110 each place it appears except the first and fourth places it appears in subsection (b);(I) section 1111(a) and (b)(2) each place it appears;(J) section 1111(b)(4) each place it appears except the first; and(K) section 1112 each place it appears; and(3) by striking “Secretary’s” in sections 1108(g)(1) and 1109(d)(3) and inserting “Secretary’s or Administrator’s”.(b) Additional and Conforming Title XI Changes.—(1) Section 1101 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271) is amended—(A) by striking “title,” and all that follows in subsection (n) and inserting “title.”; and(B) by adding at the end the following:“(p) The term ‘Administrator’ means the Administrator of the Maritime Administration.”.119 STAT. 3556(2) Section 1103(j) of such Act (46 U.S.C. App. 1273(j)) is amended by adding at the end the following:“The Secretary of Defense shall determine whether a vessel satisfies paragraphs (1) and (2) by not later than 30 days after receipt of a request from the Administrator for such a determination.”.(3) Section 1104A(d) of such Act (46 U.S.C. App. 1274(d)) is amended—(A) by striking “Secretary of Transportation” in paragraphs (1)(A) and (3)(B) and inserting “Administrator”;(B) by striking “the waiver” in paragraph (4)(B) and inserting “if deemed necessary by the Secretary or Administrator, the waiver”;(C) by striking “the increased” in paragraph (4)(B) and inserting “any significant increase in”.(4) Section 1104A(f) of such Act (46 U.S.C. App. 1273(f)) is amended—(A) by striking “financial structures, or other risk factors identified by the Secretary or Administrator.” in paragraph (2), as amended by subsection (a) of this section, and inserting “or financial structures.”;(B) by striking “financial structures, or other risk factors identified by the Secretary or Administrator.” in paragraph (3), as amended by subsection (a) of this section, and inserting “or financial structures.”; and(C) by adding at the end the following:“(5) A third party independent analysis conducted under paragraph (2) shall be performed by a private sector expert in assessing such risk factors who is selected by the Administrator.”.(5) Section 1104A(j)(2) of such Act (46 U.S.C. App. 1273(j)(2)) is amended by striking “The Secretary of Transportation” and inserting “The Administrator”.(6) Section 1104A(m) of such Act (46 U.S.C. App. 1273(m)) is amended by striking the last sentence and inserting “If the Secretary or Administrator has waived a requirement under section 1104A(d), the loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet such waived requirement upon the occurrence of verifiable conditions indicating that the obligor’s financial condition enables the obligor to meet the waived requirement.”.(7) Section 1104A(n)(1) of such Act (46 U.S.C. App. 1273(n)(1)) is amended by striking “The Secretary of Transportation” and inserting “The Administrator”.(8) Section 1111 of such Act (46 U.S.C. 1279(f)) is amended by striking “Secretary of Transportation” each place it appears and inserting “Administrator”.(c) Conforming Changes in Other Statutes.—(1) Section 401(a) of the Ocean Shipping Reform Act of 1998 (46 U.S.C. App. 1273a(a)) is amended by striking “Secretary of Transportation” and inserting “Administrator of the Maritime Administration”.(2) Section 101 of Public Law 85–469 (46 U.S.C. 1280) is amended by inserting “or the Administrator of the Maritime Administration” after “Secretary”.(3) Section 3527 of the Maritime Security Act of 2003 (46 U.S.C. App. 1280b) is amended by striking “Secretary of Transportation” and inserting “Administrator of the Maritime Administration”.119 STAT. 3557(4) Section 3528 of the Maritime Security Act of 2003 (46 U.S.C. App. 1271 note) is repealed.(d) Technical Correction of Section Numbering.—Title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.) is amended by redesignating the second sections 1111 and 1112, as added by section 303 of the Sustainable Fisheries Act (Public Law 104–297; 110 Stat. 3616), as sections 1113 and 1114, respectively.