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10 U.S.C. § 4974 — Fees charged and collected
Federal law — U.S. Code and appendices · legal_authorities
**(a) Exposure Fees.—** The Secretary of Defense shall charge a fee (known as “exposure fee”) for each guarantee issued under this subchapter.
**(b) Amount of Exposure Fee.—** To the extent that the cost of the loan guarantees under this subchapter is not otherwise provided for in appropriations Acts, the fee imposed under subsection (a) with respect to a loan guarantee shall be fixed in an amount that is sufficient to meet potential liabilities of the United States under the loan guarantee.
**(c) Payment Terms.—** The fee under subsection (a) for each guarantee shall become due as the guarantee is issued. In the case of a guarantee for a loan which is disbursed incrementally, and for which the guarantee is correspondingly issued incrementally as portions of the loan are disbursed, the fee shall be paid incrementally in proportion to the amount of the guarantee that is issued.
**(d) Administrative Fees.—**
(1) The Secretary of Defense shall charge a fee for each guarantee issued under this subchapter to reflect the additional administrative costs of the Department of Defense that are directly attributable to the administration of the program under this subchapter. Such fees shall be credited to a special account in the Treasury. Amounts in the special account shall be available, to the extent and in amounts provided in appropriations Acts, for paying the costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under this subchapter.
(2)
(A) If for any fiscal year amounts in the special account established under paragraph (1) are not available (or are not anticipated to be available) in a sufficient amount for administrative expenses of the Department of Defense for that fiscal year that are directly attrib
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Source location: Title 10, Chapter 389, § 4974; chapter-389-loan-guarantee-programs.md
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**(a) Exposure Fees.—** The Secretary of Defense shall charge a fee (known as “exposure fee”) for each guarantee issued under this subchapter.
**(b) Amount of Exposure Fee.—** To the extent that the cost of the loan guarantees under this subchapter is not otherwise provided for in appropriations Acts, the fee imposed under subsection (a) with respect to a loan guarantee shall be fixed in an amount that is sufficient to meet potential liabilities of the United States under the loan guarantee.
**(c) Payment Terms.—** The fee under subsection (a) for each guarantee shall become due as the guarantee is issued. In the case of a guarantee for a loan which is disbursed incrementally, and for which the guarantee is correspondingly issued incrementally as portions of the loan are disbursed, the fee shall be paid incrementally in proportion to the amount of the guarantee that is issued.
**(d) Administrative Fees.—**
(1) The Secretary of Defense shall charge a fee for each guarantee issued under this subchapter to reflect the additional administrative costs of the Department of Defense that are directly attributable to the administration of the program under this subchapter. Such fees shall be credited to a special account in the Treasury. Amounts in the special account shall be available, to the extent and in amounts provided in appropriations Acts, for paying the costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under this subchapter.
(2)
(A) If for any fiscal year amounts in the special account established under paragraph (1) are not available (or are not anticipated to be available) in a sufficient amount for administrative expenses of the Department of Defense for that fiscal year that are directly attributable to the administration of the program under this subchapter, the Secretary may use amounts currently available for operations and maintenance for Defense-wide activities, not to exceed $500,000 in any fiscal year, for those expenses.
(B) The Secretary shall, from funds in the special account established under paragraph (1), replenish operations and maintenance accounts for amounts expended under subparagraph (A) as soon as the Secretary determines practicable.
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 2937
TITLE 10—ARMED FORCES
§ 4974
Pub. L. 104–61, title VIII, § 8075, Dec. 1, 1995, 109 Stat.
665.
§ 4972. Transferability
A guarantee issued under this subchapter shall
be fully and freely transferable.
(Added Pub. L. 104–106, div. A, title XIII,
§ 1321(a)(1), Feb. 10, 1996, 110 Stat. 476, § 2540a; re-
numbered § 4972, Pub. L. 116–283, div. A, title
XVIII, § 1873(b), (c)(1), Jan. 1, 2021, 134 Stat. 4290.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283 renumbered section 2540a of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 116–283 effective Jan. 1, 2022,
with additional provisions for delayed implementation
and applicability of existing law, see section 1801(d) of
Pub. L. 116–283, set out as a note preceding section 3001
of this title.
§ 4973. Limitations
(a) TERMS AND CONDITIONS OF LOAN GUARAN-
TEES.—In issuing a guarantee under this sub-
chapter for a medium-term or long-term loan,
the Secretary may not offer terms and condi-
tions more beneficial than those that would be
provided to the recipient by the Export-Import
Bank of the United States under similar cir-
cumstances in conjunction with the provision of
guarantees for nondefense articles and services.
(b) LOSSES ARISING FROM FRAUD OR MISREPRE-
SENTATION.—No payment may be made under a
guarantee issued under this subchapter for a loss
arising out of fraud or misrepresentation for
which the party seeking payment is responsible.
(c) NO
RIGHT
OF
ACCELERATION.—The Sec-
retary of Defense may not accelerate any guar-
anteed loan or increment, and may not pay any
amount, in respect of a guarantee issued under
this subchapter, other than in accordance with
the original payment terms of the loan.
(Added Pub.
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