Page:United States Statutes at Large Volume 110 Part 5.djvu/60

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110 STAT. 3134 PUBLIC LAW 104-239—OCT. 8, 1996 "(1) determine whether or not the individual— "(A) was employed in the activation or operation of a vessel— "(i) in the National Defense Reserve Fleet maintained under section 11 of the Merchant Ship Sales Act of 1946, in a period in which that vessel was in use or being activated for use under subsection (b) of that section; "(ii) that is requisitioned or purchased under section 902 of this Act; or "(iii) that is owned, chartered, or controlled by the United States and used by the United States for a war, armed conflict, national emergency, or maritime mobilization need (including for training purposes or testing for readiness and suitability for mission performance); and "(B) during the period of that employment, possessed a valid license, certificate of registry, or merchant mariner's document issued under chapter 71 or chapter 73 (as applicable) of title 46, United States Code; and "(2) if the Secretary makes affirmative determinations under paragraph (1)(A) and (B), certify that individual under this subsection. "(d) For purposes of reemployment rights and benefits provided by this section, a certification under subsection (c) shall be considered to be the equivalent of a certificate referred to in paragraph (1) of section 4301(a) of title 38, United States Code.". 46 USC app. (b) APPLICATION. — The amendment made by subsection (a) shall 1132 note. apply to employment described in section 302(c)(1)(A) of the Merchant Marine Act, 1936, as amended by subsection (a), occurring after the date of enactment of this Act. 46 USC app. (c) REGULATION. — Not later than 120 days after the date of 1132 note. the enactment of this Act, the Secretary of Transportation shall issue regulations implementing this section. SEC. 11. TITLE XI LOAN GUARANTEES. Title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.) is amended— 46 USC app. (1) in section 1101(b), by striking "owned by citizens of 1271. the United States"; 46 USC app. (2) in section 1104B(a), in the material preceding paragraph 1274a. (1)^ by striking "owned by citizens of the United States"; and 46 USC app. (3) in section 1110(a), by striking "owned by citizens of 1279c. the United States". SEC. 12. EXTENSION OF WAR RISK INSURANCE AUTHORITY. Section 1214 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1294) is amended by striking "June 30, 1995" and inserting "June 30, 2000". SEC. 13. VESSEL LOAN GUARANTEE PROGRAM. (a) RISK FACTOR DETERMINATIONS.—Section 1103 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1273) is amended by adding at the end the following new subsection: "(h)(1) The Secretary shall— "(A) establish in accordsmce with this subsection a system of risk categories for obligations guaranteed under this title, that categorizes the relative risk of guarsmtees made under