PUBLIC LAW 109–304—OCT. 6, 2006
120 STAT. 1623
that are operating or will be operating in the domestic or foreign commerce of the United States; and ‘‘(B) the amount of guarantee authority available. ‘‘(d) RESTRICTION ON TRANSFER OF VESSEL.—The Secretary may not guarantee or make a commitment to guarantee an obligation for an eligible export vessel unless the owner of the vessel agrees with the Secretary that the vessel will not be transferred to a country designated by the Secretary of Defense as a country whose interests are hostile to the interests of the United States. ‘‘(e) REVIEW BY SECRETARY OF DEFENSE.— ‘‘(1) NOTIFICATION.—The Secretary shall promptly notify the Secretary of Defense of the receipt of an application for a loan guarantee for an eligible export vessel. ‘‘(2) DISAPPROVAL.—The Secretary of Defense, within 30 days after receiving the notice, may disapprove the guarantee based on an assessment of the potential use of the vessel in a manner that may harm the national security interests of the United States. The Secretary may not disapprove a guarantee solely because of the type of vessel to be constructed. ‘‘(3) DELEGATION.—The authority of the Secretary of Defense to disapprove a guarantee under this subsection may be delegated only to a civilian officer of the Department of Defense appointed by the President by and with the advice and consent of the Senate. ‘‘(4) PROHIBITION.—The Secretary may not make a loan guarantee disapproved by the Secretary of Defense under this subsection. ‘‘(f) EXPIRATION OF AUTHORITY.—The Secretary may not issue a commitment to guarantee an obligation for an eligible export vessel under this chapter after the last date on which such a commitment may be issued under any treaty or convention entered into after November 30, 1993, that prohibits guarantee of such an obligation. ‘‘§ 53733. Shipyard modernization and improvement ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADVANCED SHIPBUILDING TECHNOLOGY.—The term ‘advanced shipbuilding technology’ includes— ‘‘(A) numerically controlled machine tools, robots, automated process control equipment, computerized flexible manufacturing systems, associated computer software, and other technology for improving shipbuilding and related industrial production that advance the state-of-the-art; and ‘‘(B) novel techniques and processes designed to improve shipbuilding quality, productivity, and practice, and to promote sustainable development, including engineering design, quality assurance, concurrent engineering, continuous process production technology, energy efficiency, waste minimization, design for recyclability or parts reuse, inventory management, upgraded worker skills, and communications with customers and suppliers. ‘‘(2) GENERAL SHIPYARD FACILITY.—The term ‘general shipyard facility’ means— ‘‘(A) for operations on land—
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