§ 4981. Establishment of loan guarantee program

Statutory text

Establishment.—

In order to meet the national security objectives in section 4811(a) of this title, 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:

The improvement of the protection of the critical infrastructure of the commercial firms.

The refinancing of improvements previously made to the protection of the critical infrastructure of the commercial firms.

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—

conducts a significant level of its research, development, engineering, and manufacturing activities in the United States;

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—

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

affords adequate and effective protection for the intellectual property rights of companies incorporated in the United States;

provides technology products or services critical to the operations of the Department of Defense;

meets standards of prevention of cyberterrorism applicable to the Department of Defense; and

agrees to submit the report required under section 4985 of this title.

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.

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2000
Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Enacted · 10 U.S.C. § 4981
Added Pub. L. 106–398, § 1 [[div. A], title X, § 1033(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–258, § 2541
Source evidence
Code source credit
Added Pub. L. 106–398, § 1 [[div. A], title X, § 1033(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–258, § 2541
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1873(b) · 134 Stat. 3388
Changed · 10 U.S.C. § 4981
Pub. L. 116–283, § 1873(b), (c)(2), renumbered section 2541 of this title as this section
Source evidence
Code amendment note
Pub. L. 116–283, § 1873(b), (c)(2), renumbered section 2541 of this title as this section.
Enacted provision · exact public law section
(b) Transfer of Existing Provisions.— Subchapters VI and VII of chapter 148 of title 10, United States Code, 10 USC prec. 4971, 2540–2540d, prec. 4981, 2541–2541d. are transferred to chapter 389 of such title, as added by subsection (a), inserted after the table of subchapters at the beginning of the chapter, and redesignated as subchapters I and II, respectively.
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4981(a)
Pub. L. 116–283, § 1883(b)(2), substituted “section 4811(a)” for “section 2501(a)” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1883(b)(2), substituted “section 4811(a)” for “section 2501(a)” in introductory provisions.
Enacted provision · exact public law section
* * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1873(e)(1) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4981(b)(5)
Pub. L. 116–283, § 1873(e)(1), substituted “section 4985” for “section 2541d”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 116–283, § 1873(e)(1), substituted “section 4985” for “section 2541d”.
Enacted provision · exact public law section
(1) in subsection (b)(5) of section 4981, as redesignated by subsection (c)(2), by striking “section 2541d” and inserting “section 4985”;
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) 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.
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 div. A title XVII § 1701(d)(19) · 135 Stat. 1541
Substituted · 10 U.S.C. § 4981(a)
Pub. L. 117–81, which directed the substitution of “section 4811(a)” for “section 2501(a)”, could not be executed in introductory provisions because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–81, which directed the substitution of “section 4811(a)” for “section 2501(a)”, could not be executed in introductory provisions because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below.
Enacted provision · exact public law section
(19) Section 4981 of such title, as transferred by subsection (b) and redesignated by subsection (c) of section 1873 of such Act, is amended by striking “section 2501(a)” in subsection (a) and inserting “section 4811(a)”.
Effective date note
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) 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.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments

2021—Pub. L. 116–283, § 1873(b), (c)(2), renumbered section 2541 of this title as this section.

Subsec. (a). Pub. L. 117–81, which directed the substitution of “section 4811(a)” for “section 2501(a)”, could not be executed in introductory provisions because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below.

Pub. L. 116–283, § 1883(b)(2), substituted “section 4811(a)” for “section 2501(a)” in introductory provisions.

Subsec. (b)(5). Pub. L. 116–283, § 1873(e)(1), substituted “section 4985” for “section 2541d”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) 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.

Credits

2000–2021 · 3 acts

2000Added Pub. L. 106–398, § 1 [[div. A], title X, § 1033(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–258, § 2541
2021renumbered § 4981 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1873(b), (c)(2), (e)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4290, 4294
2021Pub. L. 117–81, div. A, title XVII, § 1701(d)(19), Dec. 27, 2021, 135 Stat. 2138.

Show as published

(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1033(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–258, § 2541; renumbered § 4981 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1873(b), (c)(2), (e)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4290, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(d)(19), Dec. 27, 2021, 135 Stat. 2138.)