12 2 STA T .597PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (c)PRIO RI T I ESF OR C ERT A I NV ESSE L S .— ‘‘( 1 ) VESSELS.— Inguar an te e i ng o r m a k ing a commitment to guarantee an o bl igation un d ert h i s cha p ter , the A dminis - trator shall gi v e priorit y to— ‘‘(A) a vessel that is other w ise eligible f or a guarantee and is constructed with assistance under subtitle D of the M aritime S ecurity Act of 20 0 3 ( 46U .S.C. 5 3101 note)
and ‘‘( B ) after applying subparagraph (A), a vessel that is otherwise eligible for a guarantee and that the Secretary of Defense determines— ‘‘(i) is suitable for service as a naval au x iliary in time of war or national emergency; and ‘‘(ii) meets a shortfall in sealift capacity or capa- bility. ‘‘(2) T I M E FOR D ETERMINATION.—The Secretary of Defense shall determine whether a vessel satisfies paragraph (1)(B) not later than 30 days after receipt of a re q uest from the Administrator for such a determination. ’ ’. (3) Section 53 7 07 is amended— (A) by inserting ‘‘or Administrator’’ in subsections (a) and (d) after ‘‘Secretary’’ each place it appears; (B) by striking ‘‘Secretary of Transportation’’ in sub- section (b) and inserting ‘‘Administrator’’; (C) by striking ‘‘of Commerce’’ in subsection (c); and (D) in subsection (d)(2), by— (i) inserting ‘‘if the Secretary or Administrator con- siders necessary,’’ before ‘‘the waiver’’; and (ii) striking ‘‘the increased’’ and inserting ‘‘any significant increase in’’. (4) Section 5370 8 is amended— (A) by striking ‘‘SE C RETAR Y OF TRANS P ORTATION’’ in the heading of subsection (a) and inserting ‘‘ADMINIS- TRATOR’’; (B) by striking ‘‘Secretary’’ and ‘‘Secretary of Transpor- tation’’ each place they appear in subsection (a) and inserting ‘‘Administrator’’; (C) by striking ‘‘OF COMMERCE’’ in the heading of sub- section (b); (D) by striking ‘‘of Commerce’’ in subsections (b) and (c); ( E ) in subsection (d), by— (i) inserting ‘‘or Administrator’’ after ‘‘Secretary’’ the first place it appears; and (ii) striking ‘‘financial structures, or other risk fac- tors identified by the Secretary. Any independent anal- ysis conducted under this subsection shall be performed by a party chosen by the Secretary.’’ and inserting ‘‘or financial structures. A third party independent analysis conducted under this subsection shall be per- formed by a private sector expert in assessing such risk factors who is selected by the Secretary or Administrator.’’; and ( F ) in subsection (e), by— (i) inserting ‘‘or Administrator’’ after ‘‘Secretary’’ the first place it appears; and
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