Page:United States Statutes at Large Volume 107 Part 2.djvu/864

 107 STAT. 1814 PUBLIC LAW 103-160—NOV. 30, 1993 46 USC app. 1274a. 46 USC app. 1273. 46 USC app. 1279e. in the transition of United States shipyards to commercial activities or will preserve shipbuilding assets that would be essential in time of war or national emergency, and of Transportation that the vessel shall not be transferred to any country designated by the Secretary of Defense as a country whose interests are hostile to the interests of the United States.**; and (E) by adding at the end the following new subsections: "(i) The Secretary may not, with respect to— "(1) the general 75 percent or less limitation in subsection (b)(2); "(2) the 87y2 percent or less limitation in the 1st, 2nd, 4th, or 5th proviso to subsection (b)(2) or section 1112(b); or "(3) the 80 percent or less limitation in the 3rd proviso to such subsection; establish by rule, regulation, or procedure any percentage within any such limitation that is, or is intended to be, applied uniformly to all guarantees or commitments to guarantee made under this section that are subject to the limitation. "(j)(l) Upon receiving an application for a loan guarantee for an eligible export vessel, the Secretary shall promptly provide to the Secretary of Defense notice of the receipt of the application. During the 30-day period beginning on the date on which the Secretary of Defense receives such notice, the Secretary of Defense may disapprove the loan guarantee based on the assessment of the Secretary of the potential use of the vessel in a manner that may cause harm to United States national security interests. The Secretary of Defense may not disapprove a loan guarantee under this section solely on the basis of the type of vessel to be constructed with the loan guarantee. The authority of the Secretary to disapprove a loan guarantee under this section may not be delegated to any ofiKcial other than a civilian officer of the Department of Defense appointed by the President, by and with the advice and consent of the Senate. "(2) The Secretary of Transportation may not make a loan guarantee disapproved by the Secretary of Defense under paragraph (1).". (4) LIMITATION ON AUTHORITY TO ESTABLISH UNIFORM PERCENTAGE LIMITATION.— Section 1104B is amended by adding at the end of subsection (b) the following flush sentence: any percentage within the 87^2 percent or less limitation in paragraph (2) that is, or is intended to be, applied uniformly to all guarantees or commitments to guarantee made under this section.". (5) CONFORMING AMENDMENT. —Section 1103(a) is amended in the first sentence by striking ", upon application by a citizen of the United States,**. SEC. 1357. LOAN GUARANTEES FOR SmPYARO MODERNIZATION AND IMPROVEMENT. (a) IN GENERAL.— Title XI of the Merchant Marine Act, 1936, is further amended by adding at the end the following new section: "SEC. 1112. (a) The Secretary, under section 1103(a) and subject to the terms the Secretary shall prescribe, may guarantee or make a commitment to guarantee the payment of the principal of, and the interest on, an obligation for advanced shipbmlding technology
 * (B) the owner of the vessel agrees with the Secretary
 * The Secretary may not by rule, regulation, or procediu'e establish

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