10 U.S.C. § 4961 — Administrative and other costs

Page 2935 TITLE 10—ARMED FORCES § 4961 1 See References in Text note below. part of any procurement technical assistance furnished pursuant to this chapter. (c) DEFINITIONS.—In this section: (1) The term ‘‘covered contract’’ means a contract— (A) awarded to a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act; and (B) with an estimated annual value— (i) that will exceed the applicable re- ceipt-based small business size standard; or (ii) if the contract is in an industry with an employee-based size standard, that will exceed $70,000,000. (2) The term ‘‘covered small business’’ means a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act that has entered into a contract with the Department of Defense that includes a contract clause described in subsection (a)(2). (Added Pub. L. 113–66, div. A, title XVI, § 1611(a)(1)(B), Dec. 26, 2013, 127 Stat. 946, § 2419; amended Pub. L. 116–92, div. A, title IX, § 902(63), Dec. 20, 2019, 133 Stat. 1550; renumbered § 4959, Pub. L. 116–283, div. A, title XVIII, § 1872(a)(10), Jan. 1, 2021, 134 Stat. 4289; Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(F), Dec. 27, 2021, 135 Stat. 2135, 2145.) Editorial Notes REFERENCES IN TEXT Section 3(a) of the Small Business Act, referred to in subsecs. (a)(2)(A) and (c)(1)(A), (2), is classified to sec- tion 632(a) of Title 15, Commerce and Trade. CODIFICATION Pub. L. 117–81, div. A, title XVII, § 1701(m)(2)(G), Dec. 27, 2021, 135 Stat. 2145, amended Pub. L. 116–283, § 1872(a)(11), which had originally transferred section 2417 of this title to this section. After amendment by Pub. L. 117–81, section 1872(a)(11) of Pub. L. 116–283 in- stead transferred section 2417 to section 4961 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1872(a)(10), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(F), renumbered section 2419 of this title as this section. 2019—Subsec. (a)(1). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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. § 4961. Administrative and other costs The Secretary may use, out of the amount ap- propriated for a fiscal year for operation and maintenance for the procurement technical as- sistance program authorized by this chapter— (1) an amount not exceeding four percent of such amount to defray the expenses of admin- istering the provisions of this chapter during such fiscal year; and (2) an amount determined appropriate by the Secretary to assist eligible entities in pay- ment of costs of eligible entities— (A) for meetings, including meetings of an association recognized under section 4954(f),1 to discuss best practices for the improve- ment of the operations of procurement tech- nical assistance centers; and (B) for membership dues for any associa- tion of such centers created by eligible enti- ties, training fees and associated travel for training to carry out the purposes of this chapter, and voluntary participation on any committees or board of such an association. (Added Pub. L. 101–510, div. A, title VIII, § 814(a)(1)(B), Nov. 5, 1990, 104 Stat. 1596, § 2417; amended Pub. L. 115–232, div. A, title VIII, § 859(a), Aug. 13, 2018, 132 Stat. 1892; renumbered § 4961 and amended Pub. L. 116–283, div. A, title X, § 1081(a)(41), title XVIII, § 1872(a)(11), Jan. 1, 2021, 134 Stat. 3873, 4289; Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(G), Dec. 27, 2021, 135 Stat. 2135, 2145; Pub. L. 117–263, div. A, title VIII, § 854(a), Dec. 23, 2022, 136 Stat. 2722.) Editorial Notes REFERENCES IN TEXT Section 4954(f), referred to in par. (2)(A), was redesig- nated as section 4954(e) of this title, and a new subsec. (f) of section 4954 of this title was added, by Pub. L. 118–31, div. A, title VIII, § 853(b)(2), (3), Dec. 22, 2023, 137 Stat. 344. AMENDMENTS 2022—Pub. L. 117–263, § 854(a)(1), substituted ‘‘Sec- retary’’ for ‘‘Director of the Defense Logistics Agency’’ in introductory provisions. Par. (1). Pub. L. 117–263, § 854(a)(2), substituted ‘‘four’’ for ‘‘three’’. Par. (2). Pub. L. 117–263, § 854(a)(3)(A), substituted ‘‘Secretary’’ for ‘‘Director’’ in introductory provisions. Par. (2)(A). Pub. L. 117–263, § 854(a)(3)(B), inserted ‘‘, including meetings of an association recognized under section 4954(f),’’ after ‘‘meetings’’. 2021—Pub. L. 116–283, § 1872(a)(11), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(G), renumbered section 2417 of this title as this section. Par. (2). Pub. L. 116–283, § 1081(a)(41), which directed amendment of par. (2) by substituting ‘‘entities—’’ for ‘‘entities -’’, was executed by making the substitution for ‘‘entities —’’ to reflect the probable intent of Con- gress. 2018—Pub. L. 115–232, § 859(a)(2)–(4), substituted ‘‘chap- ter—’’ for ‘‘chapter,’’, inserted par. (1) designation be- fore ‘‘an amount’’, and added par. (2). Pub. L. 115–232, § 859(a)(1), inserted ‘‘and other’’ after ‘‘Administrative’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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 pursuant to section 2350a(i)(3) of this title, as in effect on that date. (3) A country in Central Europe that, as de- termined by the Secretary of State— (A) has changed its form of national gov- ernment from a nondemocratic form of gov- ernment to a democratic form of govern- ment 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 AP- PROPRIATIONS.—The Secretary may guarantee a loan under this subchapter only to such extent or in such amounts as may be provided in ad- vance in appropriations Acts. (Added Pub. L. 104–106, div. A, title XIII, § 1321(a)(1), Feb. 10, 1996, 110 Stat. 475, § 2540; amended Pub. L. 108–375, div. A, title X, § 1084(d)(21), Oct. 28, 2004, 118 Stat. 2062; renum- bered § 4971 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1873(b), (c)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4290, 4294.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1873(b), (c)(1), renumbered sec- tion 2540 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 4811(a)’’ for ‘‘section 2501(a)’’. 2004—Subsec. (b)(2). Pub. L. 108–375 inserted ‘‘, as in effect on that date’’ before period at end. 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. AUTHORITY TO ISSUE LOAN GUARANTEES Pub. L. 108–287, title VIII, § 8065, Aug. 5, 2004, 118 Stat. 985, as amended by Pub. L. 116–283, div. A, title XVIII, § 1873(d), Jan. 1, 2021, 134 Stat. 4290; Pub. L. 117–81, div. A, title XVII, § 1702(b)(3), Dec. 27, 2021, 135 Stat. 2155, provided that: ‘‘To the extent authorized by subchapter I of chapter 389 of title 10, United States Code, for the current fiscal year and hereafter the Secretary of De- fense may issue loan guarantees in support of United States defense exports not otherwise provided for: Pro- vided, That the total contingent liability of the United States for guarantees issued under the authority of this section may not exceed $15,000,000,000: Provided further, That the exposure fees charged and collected by the Secretary for each guarantee shall be paid by the coun- try involved and shall not be financed as part of a loan guaranteed by the United States: Provided further, That the Secretary shall provide quarterly reports to the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate and the Committees on Appropriations, Armed Services, and International Re- lations [now Committee on Foreign Affairs] in the House of Representatives on the implementation of this program: Provided further, That amounts charged for administrative fees and deposited to the special ac- count provided for under section 4974(d) of title 10, shall be available for paying the costs of administrative ex- penses of the Department of Defense that are attrib- utable to the loan guarantee program under subchapter I of chapter 389 of title 10, United States Code.’’ [Pub. L. 116–283, § 1873(d), and Pub. L. 117–81, § 1702(b)(3), made identical amendments to section 8065 of Pub. L. 108–287, set out above, substituting ‘‘sub- chapter I of chapter 389’’ for ‘‘subchapter VI of chapter 148’’ in two places and ‘‘section 4974(d)’’ for ‘‘section 2540c(d)’’. The amendment by Pub. L. 117–81 was effec- tive as if included in title XVIII of Pub. L. 116–283, thus making the amendments effective simultaneously.] Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–87, title VIII, § 8066, Sept. 30, 2003, 117 Stat. 1087. Pub. L. 107–248, title VIII, § 8067, Oct. 23, 2002, 116 Stat. 1551. Pub. L. 107–117, div. A, title VIII, § 8073, Jan. 10, 2002, 115 Stat. 2264. Pub. L. 106–259, title VIII, § 8071, Aug. 9, 2000, 114 Stat. 690. Pub. L. 106–79, title VIII, § 8075, Oct. 25, 1999, 113 Stat. 1246. Pub. L. 105–262, title VIII, § 8075, Oct. 17, 1998, 112 Stat. 2314. Pub. L. 105–56, title VIII, § 8081, Oct. 8, 1997, 111 Stat. 1237. Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8093], Sept. 30, 1996, 110 Stat. 3009–71, 3009–107.