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10 U.S.C. § 4974 (ARMED FORCES)
§ 4974. Fees charged and collected
(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.
10 U.S.C. § 4975 (ARMED FORCES)
§ 4975. Definitions
In this subchapter:
(1) The terms “defense article”, “defense services”, and “design and construction services” have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
(2) The term “cost”, with respect to a loan guarantee, has the meaning given that term in section 502 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 661a).
10 U.S.C. § 4981 (ARMED FORCES)
§ 4981. Establishment of loan guarantee program
(a) Establishment.—
In order to meet the national security objectives in section 4811(a) 1 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:
(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.
(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.
10 U.S.C. § 4982 (ARMED FORCES)
§ 4982. Fees charged and collected
(a) Fee Required.—
The Secretary of Defense shall assess a fee for providing a loan guarantee under this subchapter.
(b) Amount of Fee.—
The amount of the fee shall be not less than 75 percent of the amount incurred by the Secretary to provide the loan guarantee.
(c) Special Account.—
(1) Such fees shall be credited to a special account in the Treasury.
(2) 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.
(3)
(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).
10 U.S.C. § 4983 (ARMED FORCES)
§ 4983. Administration
(a) Agreements Required.—
The Secretary of Defense may enter into one or more agreements, each with an appropriate Federal or private entity, under which such entity may, under this subchapter—
(1) process applications for loan guarantees;
(2) administer repayment of loans; and
(3) provide any other services to the Secretary to administer this subchapter.
(b) Treatment of Costs.—
The costs of such agreements shall be considered, for purposes of the special account established under section 4982(c), to be costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under this subchapter.
10 U.S.C. § 4984 (ARMED FORCES)
§ 4984. Transferability, additional limitations, and definition
The following provisions of subchapter I of this chapter apply to guarantees issued under this subchapter:
(1) Section 4972, relating to transferability of guarantees.
(2) Subsections (b) and (c) of section 4973, providing limitations.
(3) Section 4975(2), providing a definition of the term “cost”.
10 U.S.C. § 4985 (ARMED FORCES)
§ 4985. Reports
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.
6 U.S.C. § 105 (DOMESTIC SECURITY)
§ 105. Biodefense analysis and budget submission
(a) Annual analysis
For each fiscal year, beginning in fiscal year 2023, the Director of the Office of Management and Budget, in consultation with the Secretary of Health and Human Services shall—
(1) conduct a detailed and comprehensive analysis of Federal biodefense programs; and
(2) develop an integrated biodefense budget submission.
(b) Definition of biodefense
In accordance with the National Biodefense Strategy, the Director shall develop and disseminate to all Federal departments and agencies a unified definition of the term “biodefense” to identify which programs and activities are included in the annual budget submission required under subsection (a).
(c) Requirements for analysis
The analysis required under subsection (a) shall include—
(1) the display of all funds requested for biodefense activities, both mandatory and discretionary, by agency and categorized by biodefense enterprise element, such as threat awareness, prevention, deterrence, preparedness, surveillance and detection, response, attribution (including bioforensic capabilities), recovery, and mitigation; and
(2) detailed explanations of how each program and activity included aligns with biodefense goals and objectives as part of the National Biodefense Strategy required under section 104 of this title.
(d) Submittal to Congress
The Director, in consultation with the Secretary of Health and Human Services, shall submit to Congress the analysis required under subsection (a) for a fiscal year concurrently with the President’s annual budget request for that fiscal year.
(Pub. L. 116–283, div. A, title III, § 363, Jan. 1, 2021, 134 Stat. 3547.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 417 (DOMESTIC SECURITY)
§ 417. Rotational cybersecurity research program
To enhance the Department’s cybersecurity capacity, the Secretary may establish a rotational research, development, and training program for—
(1) detail to the Cybersecurity and Infrastructure Security Agency (including the national cybersecurity and communications integration center authorized by section 659 of this title) of Coast Guard Academy graduates and faculty; and
(2) detail to the Coast Guard Academy, as faculty, of individuals with expertise and experience in cybersecurity who are employed by—
(A) the Agency (including the center);
(B) the Directorate of Science and Technology; or
(C) institutions that have been designated by the Department as a Center of Excellence for Cyber Defense, or the equivalent.
(Pub. L. 107–296, title VIII, § 846, as added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8278(a), Jan. 1, 2021, 134 Stat. 4687.)
6 U.S.C. § 574 (DOMESTIC SECURITY)
§ 574. Coordination of Department emergency communications grant programs
(a) Coordination of grants and standards programs
The Secretary, acting through the Assistant Director for Emergency Communications, shall ensure that grant guidelines for the use of homeland security assistance administered by the Department relating to interoperable emergency communications are coordinated and consistent with the goals and recommendations in the National Emergency Communications Plan under section 572 of this title.
(b) Denial of eligibility for grants
(1) In general
The Secretary, acting through the Assistant Secretary for Grants and Planning, and in consultation with the Assistant Director for Emergency Communications, may prohibit any State, local, or tribal government from using homeland security assistance administered by the Department to achieve, maintain, or enhance emergency communications capabilities, if—
(A) such government has not complied with the requirement to submit a Statewide Interoperable Communications Plan as required by section 194(f) of this title;
(B) such government has proposed to upgrade or purchase new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards and has not provided a reasonable explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards; and
(C) as of the date that is 3 years after the date of the completion of the initial National Emergency Communications Plan under section 572 of this title, national voluntary consensus standards for interoperable emergency communications capabilities have not been developed and promulgated.
(2) Standards
The Secretary, in coordination with the Federal Communications Commission, the National Institute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, shall support the development, promulgation, and updating as necessary of national voluntary consensus standards for interoperable emergency communications.
(Pub. L. 107–296, title XVIII, § 1804, as added Pub. L. 109–295, title VI, § 671(b), Oct. 4, 2006, 120 Stat. 1438; amended Pub. L. 115–278, § 2(g)(6)(B), Nov. 16, 2018, 132 Stat. 4179.)
heading: Editorial Notes
heading: Codification
text: Another section 1804 of Pub. L. 107–296 was renumbered section 1904 and is classified to section 594 of this title.
heading: Amendments
text: 2018—Subsecs. (a), (b)(1). Pub. L. 115–278 substituted “Assistant Director for Emergency Communications” for “Director for Emergency Communications”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Reference to the Assistant Director for Emergency Communications deemed to be a reference to the Executive Assistant Director for Emergency Communications, see section 571(g) of this title, enacted Jan. 1, 2021.
6 U.S.C. § 665f (DOMESTIC SECURITY)
§ 665f. Cybersecurity education and training programs
(a) Establishment
(1) In general
The Cybersecurity Education and Training Assistance Program (referred to in this section as “CETAP”) is established within the Agency.
(2) Purpose
The purpose of CETAP shall be to support the effort of the Agency in building and strengthening a national cybersecurity workforce pipeline capacity through enabling elementary and secondary cybersecurity education, including by—
(A) providing foundational cybersecurity awareness and literacy;
(B) encouraging cybersecurity career exploration; and
(C) supporting the teaching of cybersecurity skills at the elementary and secondary education levels.
(b) Requirements
In carrying out CETAP, the Director shall—
(1) ensure that the program—
(A) creates and disseminates cybersecurity-focused curricula and career awareness materials appropriate for use at the elementary and secondary education levels;
(B) conducts professional development sessions for teachers;
(C) develops resources for the teaching of cybersecurity-focused curricula described in subparagraph (A);
(D) provides direct student engagement opportunities through camps and other programming;
(E) engages with State educational agencies and local educational agencies to promote awareness of the program and ensure that offerings align with State and local curricula;
(F) integrates with existing post-secondary education and workforce development programs at the Department;
(G) promotes and supports national standards for elementary and secondary cyber education;
(H) partners with cybersecurity and education stakeholder groups to expand outreach; and
(I) any other activity the Director determines necessary to meet the purpose described in subsection (a)(2); and
(2) enable the deployment of CETAP nationwide, with special consideration for underserved populations or communities.
(c) Briefings
(1) In general
Not later than 1 year after the establishment of CETAP, and annually thereafter, the Secretary shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the program.
(2) Contents
Each briefing conducted under paragraph (1) shall include—
(A) estimated figures on the number of students reached and teachers engaged;
(B) information on outreach and engagement efforts, including the activities described in subsection (b)(1)(E);
(C) information on new curricula offerings and teacher training platforms; and
(D) information on coordination with post-secondary education and workforce development programs at the Department.
(d) Mission promotion
The Director may use appropriated amounts to purchase promotional and recognition items and marketing and advertising services to publicize and promote the mission and services of the Agency, support the activities of the Agency, and to recruit and retain Agency personnel.
(Pub. L. 107–296, title XXII, § 2217, as added Pub. L. 116–283, div. A, title XVII, § 1719(c), Jan. 1, 2021, 134 Stat. 4106.)
10 U.S.C. § 127f (ARMED FORCES)
§ 127f. Expenditure of funds for clandestine activities that support operational preparation of the environment
(a) Authority.—
Subject to subsections (b) through (d), the Secretary of Defense may expend up to $15,000,000 in any fiscal year for clandestine activities for any purpose the Secretary determines to be proper for preparation of the environment for operations of a confidential nature. Such a determination is final and conclusive upon the accounting officers of the United States. The Secretary may certify the amount of any such expenditure authorized by the Secretary that the Secretary considers advisable not to specify, and the Secretary’s certificate is sufficient voucher for the expenditure of that amount.
(b) Funds.—
Funds for expenditures under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for operation and maintenance, Defense-wide.
(c) Limitation on Delegation.—
The Secretary of Defense may not delegate the authority under this section with respect to any expenditure in excess of $250,000.
(d) Exclusion of Intelligence Activities.—
(1) This section does not constitute authority to conduct, or expend funds for, intelligence, counterintelligence, or intelligence-related activities.
(2) In this subsection, the terms “intelligence” and “counterintelligence” have the meaning given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(e) Annual Report.—
Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on expenditures made under this section during the fiscal year preceding the year in which the report is submitted. Each report shall include, for each expenditure under this section during the fiscal year covered by such report—
(1) the amount and date of such expenditure;
(2) a detailed description of the purpose for which such expenditure was made;
(3) an explanation why other authorities available to the Department of Defense could not be used for such expenditure; and
(4) any other matters the Secretary considers appropriate.
(Added Pub. L. 116–283, div. A, title X, § 1052(a), Jan. 1, 2021, 134 Stat. 3849.)
10 U.S.C. § 130h (ARMED FORCES)
§ 130h. Prohibitions relating to missile defense information and systems
(a) Certain “Hit-to-kill” Technology and Telemetry Data.—
None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be used to provide the Russian Federation with “hit-to-kill” technology and telemetry data for missile defense interceptors or target vehicles.
(b) Other Sensitive Missile Defense Information.—
None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be used to provide the Russian Federation with—
(1) information relating to velocity at burnout of missile defense interceptors or targets of the United States; or
(2) classified or otherwise controlled missile defense information.
(c) Exception.—
The prohibitions in subsections (a) and (b) shall not apply to the United States providing to the Russian Federation information regarding ballistic missile early warning.
(d) Integration.—
None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be obligated or expended to integrate a missile defense system of the Russian Federation or a missile defense system of the People’s Republic of China into any missile defense system of the United States.
(e) Sunset.—
The prohibitions in subsections (a), (b), and (d) shall expire on January 1, 2026.
(Added Pub. L. 114–92, div. A, title XVI, § 1671(a)(1), Nov. 25, 2015, 129 Stat. 1129; amended Pub. L. 114–328, div. A, title X, § 1081(a)(1), title XVI, § 1682(a)(1), (b), Dec. 23, 2016, 130 Stat. 2417, 2623, 2624; Pub. L. 115–232, div. A, title XVI, § 1678, Aug. 13, 2018, 132 Stat. 2161; Pub. L. 116–283, div. A, title XVI, § 1642, Jan. 1, 2021, 134 Stat. 4062.)
heading: Amendments
text: 2021—Subsec. (e). Pub. L. 116–283 substituted “January 1, 2026” for “January 1, 2021”.
2018—Subsec. (e). Pub. L. 115–232 substituted “January 1, 2021” for “January 1, 2019”.
2016—Pub. L. 114–328, § 1682(a)(1)(C), added section catchline and struck out former section catchline which read as follows: “Prohibitions on providing certain missile defense information to Russian Federation”.
Subsec. (c). Pub. L. 114–328, § 1081(a)(1), substituted “subsections (a) and (b)” for “subsection (a) and (b)”.
Subsec. (d). Pub. L. 114–328, § 1682(a)(1)(B), added subsec. (d). Former subsec. (d) redesignated (e).
Pub. L. 114–328, § 1081(a)(1), substituted “subsections (a) and (b)” for “subsection (a) and (b)”.
Subsec. (e). Pub. L. 114–328, § 1682(a)(1)(A), (b), redesignated subsec. (d) as (e) and amended it generally. Prior to amendment, text read as follows: “The prohibitions in subsections (a) and (b) shall expire on January 1, 2017.”