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46 U.S.C. § 53703Application and administration

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 531 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary or Administrator must decide loan guarantee applications within 270 days, extendable to 2 years on request, after certifying a full review. Outside experts may help assess and document guarantees. Special rules let the agency announce funding and publish a list of "Vessels of National Interest," updated at least every four years.

(a) Time for Decision. (1) The Secretary or Administrator must approve or deny a loan guarantee application within 270 days after receiving the signed application. (2) At the applicant's request, this 270-day period may be extended, but not to more than 2 years after the signed application was received. (b) Certification of Review. The Secretary or Administrator can't guarantee or promise to guarantee an obligation unless they certify that all regulatory requirements — including economic soundness and the obligor's and related parties' financial condition — were fully and fairly considered, along with a thorough technical, economic, and financial review of the application. (c) Independent Analysis. (1) To assess and reduce risks from markets, technology, finance, or legal structure, the Secretary or Administrator may use outside experts, including lawyers, to: (A) process and review applications; (B) represent the Secretary or Administrator in structuring and documenting the guarantee; (C) analyze, structure, and document the guarantee throughout its term; (D) recommend financial covenants or ratios based on what's typical in private-sector credit deals, to use instead of the usual covenants on long-term debt-to-equity, minimum working capital, or minimum equity; and (E) represent the Secretary or Administrator in protecting the government's security interests. (2) This independent work must be done by a private-sector expert in the relevant field, chosen by the Secretary or Administrator. (d) Vessels of National Interest. (1) The Secretary or Administrator may publish a Federal Register notice announcing available funding for guarantees to build, rebuild, or recondition a Vessel of National Interest, including a timeline for applications. (2)(A) Working with the Secretary of Defense, the Secretary over the Coast Guard (when not under the Navy), or other agency heads, the Secretary or Administrator must publish a list of vessel types that count as Vessels of National Interest. (B) The Administrator must review and update that list at least every four years, or more often if needed.
the actual law source: uscode.house.gov ↗public domain
(a)Time for Decision.—
(1)In general.—

The Secretary or Administrator shall approve or deny an application for a loan guarantee under this chapter within 270 days after the date on which the signed application is received by the Secretary or Administrator.

(2)Extension.—

On request by an applicant, the Secretary or Administrator may extend the 270-day period in paragraph (1) to a date not later than 2 years after the date on which the signed application was received by the Secretary or Administrator.

(b)Certification of Review.—

The Secretary or Administrator may not guarantee or make a commitment to guarantee an obligation under this chapter unless the Secretary or Administrator certifies that a full and fair consideration of all the regulatory requirements, including economic soundness and financial requirements applicable to the obligor and related parties, and a thorough assessment of the technical, economic, and financial aspects of the loan application, has been made.

(c)Independent Analysis.—
(1)In general.—

To assess and mitigate the risks due to factors associated with markets, technology, financial, or legal structures related to an application or guarantee under this chapter, the Secretary or Administrator may utilize third party experts, including legal counsel, to—

(A)

process and review applications under this chapter, including conducting independent analysis and review of aspects of an application;

(B)

represent the Secretary or Administrator in structuring and documenting the obligation guarantee;

(C)

analyze and review aspects of, structure, and document the obligation guarantee during the term of the guarantee;

(D)

recommend financial covenants or financial ratios to be met by the applicant during the time a guarantee under this chapter is outstanding that are—

(i)

based on the financial covenants or financial ratios, if any, that are then applicable to the obligor under private sector credit agreements; and

(ii)

in lieu of other financial covenants applicable to the obligor under this chapter with respect to requirements regarding long-term debt-to-equity, minimum working capital, or minimum amount of equity; and

(E)

represent the Secretary or Administrator to protect the security interests of the Government relating to an obligation guarantee.

(2)Private sector expert.—

Independent analysis, review, and representation conducted under this subsection shall be performed by a private sector expert in the applicable field who is selected by the Secretary or Administrator.

(d)Vessels of National Interest.—
(1)Notice of funding.—

The Secretary or Administrator may post a notice in the Federal Register regarding the availability of funding for obligation guarantees under this chapter for the construction, reconstruction, or reconditioning of a Vessel of National Interest and include a timeline for the submission of applications for such vessels.

(2)Vessel characteristics.—
(A)In general.—

The Secretary or Administrator, in consultation with the Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating when it is not operating as service in the Department of the Navy, or the heads of other Federal agencies, shall develop and publish a list of vessel types that would be considered Vessels of National Interest.

(B)Review.—

Such list shall be reviewed and revised every four years or as necessary, as determined by the Administrator.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1604; Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(D), (2)(G), (b)(7), Jan. 6, 2006, 119 Stat. 3555, 3556; Pub. L. 110–181, div. C, title XXXV, § 3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598; Pub. L. 116–92, div. C, title XXXV, § 3506(c), Dec. 20, 2019, 133 Stat. 1971.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1604
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3555, 3556
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 598
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1971

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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