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10 U.S.C. § 4891 (ARMED FORCES)
§ 4891. Improved national defense control of technology diversions overseas
(a) Collection of Information on Foreign-Controlled Contractors.—
The Secretary of Defense and the Secretary of Energy shall each collect and maintain a data base containing a list of, and other pertinent information on, all contractors with the Department of Defense and the Department of Energy, respectively, that are controlled by foreign persons. The data base shall contain information on such contractors for 1988 and thereafter in all cases where they are awarded contracts exceeding $10,000,000 in any single year by the Department of Defense or the Department of Energy.
(b) Technology Risk Assessment Requirement.—
(1) If the Secretary of Defense is acting as a designee of the President under section 721(a) 1 of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) and if the Secretary determines that a proposed or pending merger, acquisition, or takeover may involve a firm engaged in the development of a defense critical technology or is otherwise important to the defense industrial and technology base, then the Secretary shall require the appropriate entity or entities from the list set forth in paragraph (2) to conduct an assessment of the risk of diversion of defense critical technology posed by such proposed or pending action.
(2) The entities referred to in paragraph (1) are the following:
(A) The Defense Intelligence Agency.
(B) The Army Foreign Technology Science Center.
(C) The Naval Maritime Intelligence Center.
(D) The Air Force Foreign Aerospace Science and Technology Center.
(Added Pub. L. 102–484, div. A, title VIII, § 838(a), Oct. 23, 1992, 106 Stat. 2465, § 2537; amended Pub. L. 103–35, title II, § 201(d)(5), (h)(2), May 31, 1993, 107 Stat. 99, 100; Pub. L. 107–314, div. A, title X, § 1041(a)(16), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 114–328, div. A, title X, § 1081(b)(4)(B), Dec. 23, 2016, 130 Stat. 2419; Pub. L. 115–91, div. A, title X, § 1051(a)(19), Dec. 12, 2017, 131 Stat. 1561; renumbered § 4891, Pub. L. 116–283, div. A, title XVIII, § 1870(f)(2), Jan. 1, 2021, 134 Stat. 4287.)
heading: References in Text
text: Section 721(a) of the Defense Production Act of 1950, referred to in subsec. (b), is section 721(a) of act Sept. 8, 1950, ch. 932, as added by Pub. L. 100–418, title V, § 5021, Aug. 23, 1988, 102 Stat. 1425, which is classified to section 4565(a) of Title 50, War and National Defense. Section 721(a) of the Act was struck out, and a new section 721(a) was added, by Pub. L. 110–49, § 2, July 26, 2007, 121 Stat. 246. As so added, section 721(a) does not refer to investigations by the President or the President’s designee.
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2537 of this title as this section.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 4954 (ARMED FORCES)
§ 4954. Distribution
The Secretary shall allocate funds available for assistance under this chapter equally to each Department of Defense contract administrative services district. If in any such fiscal year there is an insufficient number of satisfactory proposals in a district for cooperative agreements to allow effective use of the funds allocated to that district, the funds remaining with respect to that district shall be reallocated among the remaining districts.
(Added Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2606, § 2415; amended Pub. L. 99–145, title IX, § 919(b), Nov. 8, 1985, 99 Stat. 692; Pub. L. 100–180, div. A, title VIII, § 807(c), Dec. 4, 1987, 101 Stat. 1128; Pub. L. 105–261, div. A, title VIII, § 802(a)(2), (b), Oct. 17, 1998, 112 Stat. 2081; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(d)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293; renumbered § 4954, Pub. L. 116–283, div. A, title XVIII, § 1872(a)(7), Jan. 1, 2021, 134 Stat. 4288.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2415 of this title as this section. Directory language transferring this section to “chapter 385” was executed as if it had read “chapter 388” to reflect the probable intent of Congress.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 4955 (ARMED FORCES)
§ 4955. Subcontractor information
(a) Contractors to Provide Information.—
The Secretary of Defense shall require that any defense contractor in any year shall provide to an eligible entity with which the Secretary has entered into a cooperative agreement under this chapter, on the request of such entity, the information specified in subsection (b).
(b) Information to Be Provided.—
Information to be provided under subsection (a) is a listing of the name of each appropriate employee of the contractor who has responsibilities with respect to entering into contracts on behalf of such contractor that constitute subcontracts of contracts being performed by such contractor, together with the business address and telephone number and area of responsibility of each such employee.
(c) Frequency.—
A defense contractor need not provide information under this section to a particular eligible entity more frequently than once a year.
(d) Definition.—
In this section, the term “defense contractor”, for any year, means a person awarded a contract with the Department of Defense in that year for an amount in excess of $1,000,000.
(Added Pub. L. 99–500, § 101(c) [title X, § 957(a)(1)(B)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–174, and Pub. L. 99–591, § 101(c) [title X, § 957(a)(1)(B)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–174, § 2416; Pub. L. 99–661, div. A, title IX, formerly title IV, § 957(a)(1)(B), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 108–375, div. A, title VIII, § 816, Oct. 28, 2004, 118 Stat. 2015; renumbered § 4955 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(8), Jan. 1, 2021, 134 Stat. 4289.)
heading: Codification
text: Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections.
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2416 of this title as this section and inserted headings in subsecs. (a) to (d). Directory language transferring this section to “chapter 385” was executed as if it had read “chapter 388” to reflect the probable intent of Congress.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 4956 (ARMED FORCES)
§ 4956. Authority to provide certain types of technical assistance
(a) Assistance Relating to Certain Non-defense Contracts.—
The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments.
(b) Information Relating to Assistance and Other Programs Available.—
An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992.
(c) Education on Requirements Applicable to Small Businesses Under Certain Regulations.—
An eligible entity assisted by the Department of Defense under this chapter also may furnish education on the requirements applicable to small businesses under the regulations issued—
(1) under section 38 of the Arms Export Control Act (22 U.S.C. 2778), and on compliance with those requirements; and
(2) under section 9 of the Small Business Act (15 U.S.C. 638), and on compliance with those requirements.
(Added Pub. L. 102–484, div. D, title XLII, § 4236(a)(1)(B), Oct. 23, 1992, 106 Stat. 2691, § 2418; amended Pub. L. 113–291, div. A, title VIII, § 823(b), Dec. 19, 2014, 128 Stat. 3436; Pub. L. 115–91, div. A, title XVII, § 1708, Dec. 12, 2017, 131 Stat. 1809; renumbered § 4956 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(9), Jan. 1, 2021, 134 Stat. 4289.)
heading: References in Text
text: The Defense Conversion, Reinvestment, and Transition Assistance Act of 1992, referred to in subsec. (b), is division D of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2658. For complete classification of division D to the Code, see Short Title note set out under section 2500 of this title and Tables.
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2418 of this title as this section and inserted headings in subsecs. (a) to (c). Directory language transferring this section to “chapter 385” was executed as if it had read “chapter 388” to reflect the probable intent of Congress.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 4957 (ARMED FORCES)
§ 4957. Advancing small business growth
(a) Contract Clause Required.—
(1) The Under Secretary of Defense for Acquisition and Sustainment shall require the clause described in paragraph (2) to be included in each covered contract awarded by the Department of Defense.
(2) The clause described in this paragraph is a clause that—
(A) requires the contractor to acknowledge that acceptance of the contract may cause the business to exceed the applicable small business size standards (established pursuant to section 3(a) of the Small Business Act) for the industry concerned and that the contractor may no longer qualify as a small business concern for that industry; and
(B) encourages the contractor to develop capabilities and characteristics typically desired in contractors that are competitive as an other-than-small business in that industry.
(b) Availability of Assistance.—
Covered small businesses may be provided assistance as 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 receipt-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 § 4957, Pub. L. 116–283, div. A, title XVIII, § 1872(a)(10), Jan. 1, 2021, 134 Stat. 4289.)
heading: References in Text
text: Section 3(a) of the Small Business Act, referred to in subsecs. (a)(2)(A) and (c)(1)(A), (2), is classified to section 632(a) of Title 15, Commerce and Trade.
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2419 of this title as this section. Directory language transferring this section to “chapter 385” was executed as if it had read “chapter 388” to reflect the probable intent of Congress.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 4959 (ARMED FORCES)
§ 4959. Administrative and other costs
The Director of the Defense Logistics Agency may use, out of the amount appropriated for a fiscal year for operation and maintenance for the procurement technical assistance program authorized by this chapter—
(1) an amount not exceeding three percent of such amount to defray the expenses of administering the provisions of this chapter during such fiscal year; and
(2) an amount determined appropriate by the Director to assist eligible entities in payment of costs of eligible entities—
(A) for meetings to discuss best practices for the improvement of the operations of procurement technical assistance centers; and
(B) for membership dues for any association of such centers created by eligible entities, 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 § 4959 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.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1872(a)(11), renumbered section 2417 of this title as this section. Directory language transferring this section to “chapter 385” was executed as if it had read “chapter 388” to reflect the probable intent of Congress.
Par. (2). Pub. L. 116–283, § 1081(a)(41), which directed amendment by substituting “entities—” for “entities -”, was executed by making the substitution for “entities —” to reflect the probable intent of Congress.
heading: Effective Date of 2021 Amendment
text: Amendment by section 1872(a)(11) of 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.
10 U.S.C. § 4971 (ARMED FORCES)
§ 4971. Establishment of loan guarantee program
(a) 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 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, 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.
(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; renumbered § 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.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1873(b), (c)(1), renumbered section 2540 of this title as this section.
Subsec. (a). Pub. L. 116–283, § 1883(b)(2), substituted “section 4811(a)” for “section 2501(a)”.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 4972 (ARMED FORCES)
§ 4972. Transferability
A guarantee issued under this subchapter shall be fully and freely transferable.
(Added Pub. L. 104–106, div. A, title XIII, § 1321(a)(1), Feb. 10, 1996, 110 Stat. 476, § 2540a; renumbered § 4972, Pub. L. 116–283, div. A, title XVIII, § 1873(b), (c)(1), Jan. 1, 2021, 134 Stat. 4290.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2540a of this title as this section.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 4973 (ARMED FORCES)
§ 4973. Limitations
(a) Terms and Conditions of Loan Guarantees.—
In issuing a guarantee under this subchapter for a medium-term or long-term loan, the Secretary may not offer terms and conditions more beneficial than those that would be provided to the recipient by the Export-Import Bank of the United States under similar circumstances in conjunction with the provision of guarantees for nondefense articles and services.
(b) Losses Arising From Fraud or Misrepresentation.—
No payment may be made under a guarantee issued under this subchapter for a loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(c) No Right of Acceleration.—
The Secretary of Defense may not accelerate any guaranteed loan or increment, and may not pay any amount, in respect of a guarantee issued under this subchapter, other than in accordance with the original payment terms of the loan.
(Added Pub. L. 104–106, div. A, title XIII, § 1321(a)(1), Feb. 10, 1996, 110 Stat. 476, § 2540b; renumbered § 4973, Pub. L. 116–283, div. A, title XVIII, § 1873(b), (c)(1), Jan. 1, 2021, 134 Stat. 4290.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2540b of this title as this section.
heading: Effective Date of 2021 Amendment
text: 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.
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.
(Added Pub. L. 104–106, div. A, title XIII, § 1321(a)(1), Feb. 10, 1996, 110 Stat. 476, § 2540c; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1081(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–284; renumbered § 4974, Pub. L. 116–283, div. A, title XVIII, § 1873(b), (c)(1), Jan. 1, 2021, 134 Stat. 4290.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2540c of this title as this section.
heading: Effective Date of 2021 Amendment
text: 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.
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).
(Added Pub. L. 104–106, div. A, title XIII, § 1321(a)(1), Feb. 10, 1996, 110 Stat. 477, § 2540d; renumbered § 4975, Pub. L. 116–283, div. A, title XVIII, § 1873(b), (c)(1), Jan. 1, 2021, 134 Stat. 4290.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2540d of this title as this section.
heading: Effective Date of 2021 Amendment
text: 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.