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10 U.S.C. § 4971 — 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 a lender against losses of principal or interest, or both principal and interest, arising out of the financing of the sale or long-term lease of defense articles, defense services, or design and construction services to a country referred to in subsection (b).
**(b) Covered Countries.—** The authority under subsection (a) applies with respect to the following countries:
(1) A member nation of the North Atlantic Treaty Organization (NATO).
(2) A country designated as of March 31, 1995, as a major non-NATO ally pursuant to [section 2350a(i)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350a/i/3&num=0&edition=prelim), as in effect on that date.
(3) A country in Central Europe that, as determined by the Secretary of State—
(A) has changed its form of national government from a nondemocratic form of government to a democratic form of government since October 1, 1989; or
(B) is in the process of changing its form of national government from a nondemocratic form of government to a democratic form of government.
(4) A noncommunist country that was a member nation of the Asia Pacific Economic Cooperation (APEC) as of October 31, 1993.
**(c) 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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Source file: Laws/federal/codes/united-states-code/title-10/section-4971-establishment-of-loan-guarantee-program--6b2480a4db.md
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Source location: Title 10, Chapter 389, § 4971; 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 a lender against losses of principal or interest, or both principal and interest, arising out of the financing of the sale or long-term lease of defense articles, defense services, or design and construction services to a country referred to in subsection (b).
**(b) Covered Countries.—** The authority under subsection (a) applies with respect to the following countries:
(1) A member nation of the North Atlantic Treaty Organization (NATO).
(2) A country designated as of March 31, 1995, as a major non-NATO ally pursuant to [section 2350a(i)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350a/i/3&num=0&edition=prelim), as in effect on that date.
(3) A country in Central Europe that, as determined by the Secretary of State—
(A) has changed its form of national government from a nondemocratic form of government to a democratic form of government since October 1, 1989; or
(B) is in the process of changing its form of national government from a nondemocratic form of government to a democratic form of government.
(4) A noncommunist country that was a member nation of the Asia Pacific Economic Cooperation (APEC) as of October 31, 1993.
**(c) 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 2540, acts Aug. 10, 1956, ch. 1041, 70A Stat. 141, § 2511; renumbered § 2521, Nov. 5, 1990, Pub. L. 101–510, div. A, title VIII, § 823(a)(2), 104 Stat. 1600; renumbered § 2540, Dec. 5, 1991, Pub. L. 102–190, div. A, title VIII, § 821(e)(3), 105 Stat. 1432, related to availability or issuance to reserve components of supplies, services, and facilities of armed forces, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1664(c)(2), 1691, Oct. 5, 1994, 108 Stat. 3012, 3026, effective Dec. 1, 1994. See [section 18502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18502&num=0&edition=prelim).
Another prior section 2540 was renumbered [section 4884 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4884&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2540
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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
Page 2936
TITLE 10—ARMED FORCES
§ 4971
Amendment by section 1872(a)(11) of Pub. L. 116–283
effective Jan. 1, 2022, with additional provisions for de-
layed 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.
EFFECTIVE DATE
Pub. L. 101–510, div. A, title VIII, § 814(b), Nov. 5, 1990,
104 Stat. 1597, provided that: ‘‘Section 2417 of title 10,
United States Code [now 10 U.S.C. 4961], as added by
subsection (a), shall apply with respect to fiscal year
1991 and each fiscal year thereafter.’’
CHAPTER 389—LOAN GUARANTEE
PROGRAMS
Subchapter
Sec.
I.
Defense Export Loan Guarantees ..........
4971
II.
Critical Infrastructure Protection Loan
Guarantees .........................................
4981
SUBCHAPTER I—DEFENSE EXPORT LOAN
GUARANTEES
Sec.
4971.
Establishment of loan guarantee program.
4972.
Transferability.
4973.
Limitations.
4974.
Fees charged and collected.
4975.
Definitions.
§ 4971. Establishment of loan guarantee program
(a) ESTABLISHMENT.—In order to meet the na-
tional security objectives in section 4811(a) of
this title, the Secretary of Defense shall estab-
lish a program under which the Secretary may
issue guarantees assuring a lender against losses
of principal or interest, or both principal and in-
terest, arising out of the financing of the sale or
long-term lease of defense articles, defense serv-
ices, or design and construction services to a
country referred to in subsection (b).
(b) COVERED COUNTRIES.—The authority under
subsection (a) applies with respect to the fol-
lowing countries:
(1) A member nation of the North Atlantic
Treaty Organization (NATO).
(2) A country designated as of March 31, 1995,
as a major non-NATO ally p
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4971
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