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10 U.S.C. § 4981 — Establishment of loan guarantee program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** In order to meet the national security objectives in [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/a&num=0&edition=prelim), the Secretary of Defense shall establish a program under which the Secretary may issue guarantees assuring lenders against losses of principal or interest, or both principal and interest, for loans made to qualified commercial firms to fund, in whole or in part, any of the following activities:
(1) The improvement of the protection of the critical infrastructure of the commercial firms.
(2) The refinancing of improvements previously made to the protection of the critical infrastructure of the commercial firms.
**(b) Qualified Commercial Firms.—** For purposes of this section, a qualified commercial firm is a company or other business entity (including a consortium of such companies or other business entities, as determined by the Secretary) that the Secretary determines—
(1) conducts a significant level of its research, development, engineering, and manufacturing activities in the United States;
(2) is a company or other business entity the majority ownership or control of which is by United States citizens or is a company or other business of a parent company that is incorporated in a country the government of which—
(A) encourages the participation of firms so owned or controlled in research and development consortia to which the government of that country provides funding directly or provides funding indirectly through international organizations or agreements; and
(B) affords adequate and effective protection for the intellectual property rights of companies incorporated in the United States;
(3) provides technology products or services critic
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4981
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Stable record: federal_law:legal_authorities:record_usc_1bac48dd437da4a45566e7df
Source file: Laws/federal/codes/united-states-code/title-10/section-4981-establishment-of-loan-guarantee-program--bedd2a51ca.md
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Source location: Title 10, Chapter 389, § 4981; chapter-389-loan-guarantee-programs.md
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**(a) Establishment.—** In order to meet the national security objectives in [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/a&num=0&edition=prelim), the Secretary of Defense shall establish a program under which the Secretary may issue guarantees assuring lenders against losses of principal or interest, or both principal and interest, for loans made to qualified commercial firms to fund, in whole or in part, any of the following activities:
(1) The improvement of the protection of the critical infrastructure of the commercial firms.
(2) The refinancing of improvements previously made to the protection of the critical infrastructure of the commercial firms.
**(b) Qualified Commercial Firms.—** For purposes of this section, a qualified commercial firm is a company or other business entity (including a consortium of such companies or other business entities, as determined by the Secretary) that the Secretary determines—
(1) conducts a significant level of its research, development, engineering, and manufacturing activities in the United States;
(2) is a company or other business entity the majority ownership or control of which is by United States citizens or is a company or other business of a parent company that is incorporated in a country the government of which—
(A) encourages the participation of firms so owned or controlled in research and development consortia to which the government of that country provides funding directly or provides funding indirectly through international organizations or agreements; and
(B) affords adequate and effective protection for the intellectual property rights of companies incorporated in the United States;
(3) provides technology products or services critical to the operations of the Department of Defense;
(4) meets standards of prevention of cyberterrorism applicable to the Department of Defense; and
(5) agrees to submit the report required under [section 4985 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4985&num=0&edition=prelim).
**(c) Loan Limits.—** The maximum amount of loan principal guaranteed during a fiscal year under this section may not exceed $10,000,000, with respect to all borrowers.
**(d) Goals and Standards.—** The Secretary shall prescribe regulations setting forth goals for the use of the loan guarantees provided under this section and standards for evaluating whether those goals are met by each entity receiving such loan guarantees.
**(e) Authority Subject to Provisions of Appropriations.—** The Secretary may guarantee a loan under this subchapter only to such extent or in such amounts as may be provided in advance in appropriations Acts.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2541 was renumbered [section 2551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2551&num=0&edition=prelim).
Another prior section 2541 was renumbered [section 4892 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4892&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2541
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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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense shall require each qualified commercial firm for which a loan is guaranteed under this subchapter to submit to the Secretary a report on the improvements financed or refinanced with the loan. The report shall include an assessment of the value of the improvements for the protection of the critical infrastructure of that commercial firm. The Secretary shall prescribe the time for submitting the report.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4985
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Federal law — U.S. Code and appendices · legal_authorities
Page 2938
TITLE 10—ARMED FORCES
§ 4975
‘‘(b) EFFECTIVE
DATE.—Paragraph (2) of section
2540c(d) of title 10, United States Code [now 10 U.S.C.
4974(d)(2)], as added by subsection (a), shall take effect
on October 1, 2000.
‘‘(c) LIMITATION PENDING SUBMISSION OF REPORT.—The
Secretary of Defense may not exercise the authority
provided by paragraph (2) of section 2540c(d) of title 10,
United States Code [now 10 U.S.C. 4974(d)(2)], as added
by subsection (a), until the Secretary submits to Con-
gress a report on the operation of the Defense Export
Loan Guarantee Program under [former] subchapter V
of chapter 148 of title 10, United States Code [see chap-
ter 385 of this title]. The report shall include the fol-
lowing:
‘‘(1) A discussion of the effectiveness of the loan
guarantee program in furthering the sale of United
States defense articles, defense services, and design
and construction services to nations that are speci-
fied in section 2540(b) of such title [now 10 U.S.C.
4971(b)], to include a comparison of the loan guar-
antee program with other United States Government
programs that are intended to contribute to the sale
of United States defense articles, defense services,
and design and construction services and other com-
parisons the Secretary determines to be appropriate.
‘‘(2) A discussion of the requirements and resources
(including personnel and funds) for continued admin-
istration of the loan guarantee program by the De-
fense Department, to include—
‘‘(A) an itemization of the requirements nec-
essary and resources available (or that could be
made available) to administer the loan guarantee
program for each of the following entities: the De-
fense Security Cooperation Agency, the Depart-
ment of Defense International Cooperation Office,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4981
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