Page:United States Statutes at Large Volume 117.djvu/1816

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1797

(3) shall apply to maintenance and repair performed during the 5-year period beginning on the date the vessel begins operating under the operating agreement under chapter 531 of title 46, United States Code. (c) EXCEPTION TO REQUIREMENT TO PERFORM WORK IN THE UNITED STATES.—A contractor shall not be required to have qualified maintenance or repair work performed in the United States under this section, if the Secretary determines that— (1) there is no facility in the United States available to perform the work; or (2) there is not available to the Secretary sufficient funds to pay reimbursement under subsection (d) with respect to the work. (d) REIMBURSEMENT.— (1) IN GENERAL.—The Secretary shall, subject to the availability of appropriations, reimburse a contractor for costs incurred by the contractor for qualified maintenance or repair performed in the United States under this section. (2) AMOUNT.—The amount of reimbursement shall be equal to 80 percent of the difference between— (A) the fair and reasonable cost of obtaining the qualified maintenance or repair in the United States; and (B) the fair and reasonable cost of obtaining the qualified maintenance or repair outside the United States, in the geographic region in which the vessel generally operates. (3) DETERMINATION OF FAIR AND REASONABLE COSTS.—The Secretary shall determine fair and reasonable costs for purposes of paragraph (2). (e) NOTIFICATION REQUIREMENTS.— (1) NOTIFICATION BY CONTRACTOR.—The Secretary is not required to pay reimbursement to a contractor under this section for qualified maintenance or repair, unless the contractor— (A) notifies the Secretary of the intent of the contractor to obtain the qualified maintenance or repair, by not later than 180 days before the date of the performance of the qualified maintenance or repair; and (B) includes in such notification— (i) a description of all qualified maintenance or repair that the contractor should reasonably expect may be performed; (ii) an estimate of the cost of obtaining such qualified maintenance or repair in the United States; and (iii) an estimate of the cost of obtaining such qualified maintenance or repair outside the United States, in the geographic region in which the vessel generally operates. (2) CERTIFICATION BY SECRETARY.—Not later than 60 days after the date of receipt of notification under paragraph (1), the Secretary shall certify to the contractor— (A) whether there is a facility in the United States available to perform the qualified maintenance or repair described in the notification by the contractor under paragraph (1); and (B) whether there is available to the Secretary sufficient funds to pay reimbursement under subsection (d) with respect to such work.

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