AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 109–163.

SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 109–163.(a) Amendments.—Title 46, United States Code, is amended as follows:(1) Section 53701 is amended by—(A) redesignating paragraphs (2) through (13) as paragraphs (3) through (14), respectively;(B) inserting after paragraph (1) the following:“(2) Administrator.—The term ‘Administrator’ means the Administrator of the Maritime Administration.”; and(C) striking paragraph (13) (as redesignated) and inserting the following:“(13) Secretary.—The term ‘Secretary’ means the Secretary of Commerce with respect to fishing vessels and fishery facilities.”.(2) Section 53706(c) is amended to read as follows:122 STAT. 597 “(c) Priorities for Certain Vessels.—“(1) Vessels.—In guaranteeing or making a commitment to guarantee an obligation under this chapter, the Administrator shall give priority to—“(A) a vessel that is otherwise eligible for a guarantee and is constructed with assistance under subtitle D of the Maritime Security Act of 2003 (46 U.S.C. 53101 note); and“(B) after applying subparagraph (A), a vessel that is otherwise eligible for a guarantee and that the Secretary of Defense determines—“(i) is suitable for service as a naval auxiliary in time of war or national emergency; and“(ii) meets a shortfall in sealift capacity or capability.“(2) Time for determination.—The Secretary of Defense shall determine whether a vessel satisfies paragraph (1)(B) not later than 30 days after receipt of a request from the Administrator for such a determination.”.(3) Section 53707 is amended—(A) by inserting “or Administrator” in subsections (a) and (d) after “Secretary” each place it appears;(B) by striking “Secretary of Transportation” in subsection (b) and inserting “Administrator”;(C) by striking “of Commerce” in subsection (c); and(D) in subsection (d)(2), by—(i) inserting “if the Secretary or Administrator considers necessary,” before “the waiver”; and(ii) striking “the increased” and inserting “any significant increase in”.(4) Section 53708 is amended—(A) by striking “Secretary of Transportation” in the heading of subsection (a) and inserting “Administrator”;(B) by striking “Secretary” and “Secretary of Transportation” each place they appear in subsection (a) and inserting “Administrator”;(C) by striking “of Commerce” in the heading of subsection (b);(D) by striking “of Commerce” in subsections (b) and (c);(E) in subsection (d), by—(i) inserting “or Administrator” after “Secretary” the first place it appears; and(ii) striking “financial structures, or other risk factors identified by the Secretary. Any independent analysis conducted under this subsection shall be performed by a party chosen by the Secretary.” and inserting “or financial structures. A third party independent analysis conducted under this subsection shall be performed by a private sector expert in assessing such risk factors who is selected by the Secretary or Administrator.”; and(F) in subsection (e), by—(i) inserting “or Administrator” after “Secretary” the first place it appears; and122 STAT. 598(ii) striking “financial structures, or other risk factors identified by the Secretary” and inserting “or financial structures”.(5) Section 53710(b)(1) is amended by striking “Secretary’s” and inserting “Administrator’s”.(6) Section 53712(b) is amended by striking the last sentence and inserting “If the Secretary or Administrator has waived a requirement under section 53707(d) of this title, the loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet the waived requirement upon the occurrence of verifiable conditions indicating that the obligor’s financial condition enables the obligor to meet the waived requirement.”.(7) Subsections (c) and (d) of section 53717 are each amended—(A) by striking “of Commerce” in the subsection heading; and(B) by striking “of Commerce” each place it appears.(8) Section 53732(e)(2) is amended by inserting “of Defense” after “Secretary” the second place it appears.(9) The following provisions are amended by striking “Secretary” and “Secretary of Transportation” and inserting “Administrator”:(A) Section 53710(b)(2)(A)(i).(B) Section 53717(b) each place it appears in a heading and in text.(C) Section 53718.(D) Section 53731 each place it appears, except where “Secretary” is followed by “of Energy”.(E) Section 53732 (as amended by paragraph (8)) each place it appears, except where “Secretary” is followed by “of the Treasury”, “of State”, or “of Defense”.(F) Section 53733 each place it appears.(10) The following provisions are amended by inserting “or Administrator” after “Secretary” each place it appears in headings and text, except where “Secretary” is followed by “of Transportation” or “of the Treasury”:(A) The items relating to sections 53722 and 53723 in the chapter analysis for chapter 537.(B) Sections 53701(1), (4), and (9) (as redesignated by paragraph (1)(A)), 53702(a), 53703, 53704, 53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and (d), 53710(a) and (c), 53711, 53712 (except in the last sentence of subsection (b) as amended by paragraph (6)), 53713 to 53716, 53721 to 53725, and 53734.(11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 53722(a)(1) and (b)(1)(B), and 53724(b) are amended by inserting “or Administrator’s” after “Secretary’s”.(b) Repeal of Superseded Amendments.—Section 3507 (except subsection (c)(4)) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) is repealed.