Page:United States Statutes at Large Volume 120.djvu/1642

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1611

unpaid principal that the Secretary determines is reasonable, considering the range of interest rates prevailing in the private market for similar loans and the risks assumed by the Secretary; ‘‘(3) have a maturity date satisfactory to the Secretary, but— ‘‘(A) not more than 25 years after the date of delivery of the vessel used as security for the guarantee; or ‘‘(B) if the vessel has been reconstructed or reconditioned, not more than the later of— ‘‘(i) 25 years after the date of delivery of the vessel; or ‘‘(ii) the remaining years of useful life of the vessel as determined by the Secretary; and ‘‘(4) provide, or a related agreement must provide, that if the vessel used as security for the guarantee is a delivered vessel, the vessel shall be— ‘‘(A) in class A–1, American Bureau of Shipping, or meet other standards acceptable to the Secretary, with all required certificates, including marine inspection certificates of the Coast Guard or, in the case of an eligible export vessel, of the appropriate foreign authorities under a treaty, convention, or other international agreement to which the United States is a party, and with all outstanding requirements and recommendations necessary for class retention accomplished, unless the Secretary permits a deferment of repairs necessary to meet these requirements; and ‘‘(B) well equipped, in good repair, and in every respect seaworthy and fit for service. ‘‘(b) PROVISIONS FOR CERTAIN PASSENGER VESSELS.— ‘‘(1) IN GENERAL.—With the Secretary’s approval, if the vessel used as security for the guarantee is a passenger vessel having the tonnage, speed, passenger accommodations, and other characteristics described in section 503 of the Merchant Marine Act, 1936, an obligation guaranteed under this chapter or a related agreement may provide that— ‘‘(A) the only recourse by the United States Government against the obligor for payments under the guarantee will be repossession of the vessel and assignment of insurance claims; and ‘‘(B) the obligor’s liability for payments under the guarantee will be satisfied and discharged by the surrender of the vessel and all interest in the vessel to the Government in the condition described in paragraph (2). ‘‘(2) SURRENDER OF VESSEL.— ‘‘(A) IN GENERAL.—On surrender, the vessel must be— ‘‘(i) free and clear of all liens and encumbrances except the security interest conveyed to the Secretary under this chapter; ‘‘(ii) in class; and ‘‘(iii) in as good order and condition (ordinary wear and tear excepted) as when acquired by the obligor. ‘‘(B) COVERING DEFICIENCIES BY INSURANCE.—To the extent covered by insurance, a deficiency related to a requirement in subparagraph (A) may be satisfied by

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