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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: Editorial Notes
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)”.
2004—Subsec. (b)(2). Pub. L. 108–375 inserted “, as in effect on that date” before period at end.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2540a of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2540b of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2540d of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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. § 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).
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1033(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–259, § 2541a; renumbered § 4982, Pub. L. 116–283, div. A, title XVIII, § 1873(b), (c)(2), Jan. 1, 2021, 134 Stat. 4290.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2541a of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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. § 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.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1033(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–259, § 2541b; renumbered § 4983 and amended Pub. L. 116–283, div. A, title XVIII, § 1873(b), (c)(2), (e)(2), Jan. 1, 2021, 134 Stat. 4290.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283, § 1873(b), (c)(2), renumbered section 2541b of this title as this section.
Subsec. (b). Pub. L. 116–283, § 1873(e)(2), substituted “section 4982(c)” for “section 2541a(c)”.
heading: Statutory Notes and Related Subsidiaries
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. § 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”.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1033(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–260, § 2541c; amended Pub. L. 107–107, div. A, title X, § 1048(a)(24), Dec. 28, 2001, 115 Stat. 1224; renumbered § 4984 and amended Pub. L. 116–283, div. A, title XVIII, § 1873(b), (c)(2), (e)(3), Jan. 1, 2021, 134 Stat. 4290.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283, § 1873(e)(3)(A), substituted “subchapter I” for “subchapter VI” in introductory provisions.
Pub. L. 116–283, § 1873(b), (c)(2), renumbered section 2541c of this title as this section.
Par. (1). Pub. L. 116–283, § 1873(e)(3)(B), substituted “Section 4972” for “Section 2540a”.
Par. (2). Pub. L. 116–283, § 1873(e)(3)(C), substituted “section 4973” for “section 2540b”.
Par. (3). Pub. L. 116–283, § 1873(e)(3)(D), substituted “Section 4975(2)” for “Section 2540d(2)”.
2001—Pub. L. 107–107 substituted “subchapter” for “subtitle” in two places in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
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. § 7001 (ARMED FORCES)
§ 7001. Definitions
In this title, the term “Army” means the Army or Armies referred to in the Constitution of the United States, less that part established by law as the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 157, § 3001; Pub. L. 100–26, § 7(k)(8), Apr. 21, 1987, 101 Stat. 284; renumbered § 7001, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3001
5:181–3(a).
10:1a(a).
June 28, 1950, ch. 383, § 2(a), 64 Stat. 263.
The words “Army of the United States” and “are synonymous and” are omitted as surplusage, since the term “Army” is used throughout the revised title. 5:181–3(a) (last sentence) and 10:1a(a) (last sentence) are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3001 of this title as this section.
1987—Pub. L. 100–26 inserted “the term” after “In this title,”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Deeming Rule for References to Provisions of Title 10 Redesignated by Pub. L. 115–232
text: Pub. L. 115–232, div. A, title VIII, § 809(t), Aug. 13, 2018, 132 Stat. 1844, provided that: “Any reference in a provision of law (other than a provision amended by this section [see Tables for classification]) to a section or chapter redesignated by this part [part II (§§ 806–809) of subtitle A of title VIII of div. A of Pub. L. 115–232, see Tables for classification] shall be deemed to refer to the section or chapter as so redesignated.”
10 U.S.C. § 7011 (ARMED FORCES)
§ 7011. Organization
The Department of the Army is separately organized under the Secretary of the Army. It operates under the authority, direction, and control of the Secretary of Defense.
(Added Pub. L. 87–651, title II, § 210(a), Sept. 7, 1962, 76 Stat. 524, § 3010; renumbered § 3011, Pub. L. 99–433, title V, § 501(a)(2), Oct. 1, 1986, 100 Stat. 1034; renumbered § 7011, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3010
5:171a(c)(7) (1st sentence, as applicable to Department of Army).
July 26, 1947, ch. 343, § 202(c)(7) (1st sentence, as applicable, to Department of Army); added Aug. 6, 1958, Pub. L. 85–599, § 3(a) (1st sentence of 8th par., as applicable to Department of Army), 72 Stat. 516.
The word “operates” is substituted for the words “shall function”.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3011 of this title as this section.
1986—Pub. L. 99–433 renumbered section 3010 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7012 (ARMED FORCES)
§ 7012. Department of the Army: seal
The Secretary of the Army shall have a seal for the Department of the Army. The design of the seal must be approved by the President. Judicial notice shall be taken of the seal.
(Aug. 10, 1956, ch. 1041, 70A Stat. 157, § 3011; renumbered § 3012, Pub. L. 99–433, title V, § 501(a)(2), Oct. 1, 1986, 100 Stat. 1034; renumbered § 7012, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3011
5:181–1(d).
July 26, 1947, ch. 343, § 205(d), 61 Stat. 501.
The words “of office” are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3012 of this title as this section.
1986—Pub. L. 99–433 renumbered section 3011 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7015 (ARMED FORCES)
§ 7015. Under Secretary of the Army
(a) There is an Under Secretary of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Army may prescribe.
(Added Pub. L. 99–433, title V, § 501(a)(5), Oct. 1, 1986, 100 Stat. 1037, § 3015; renumbered § 7015, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3013 of this title prior to enactment of Pub. L. 99–433.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3015 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Executive Documents
heading: Order of Succession
text: For order of succession in event of death, permanent disability, or resignation of Secretary of the Army, see Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907, listed in a table under section 3345 of Title 5, Government Organization and Employees.
10 U.S.C. § 7019 (ARMED FORCES)
§ 7019. General Counsel
(a) There is a General Counsel of the Department of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The General Counsel shall perform such functions as the Secretary of the Army may prescribe.
(Added Pub. L. 99–433, title V, § 501(a)(7), Oct. 1, 1986, 100 Stat. 1038, § 3019; amended Pub. L. 100–456, div. A, title VII, § 703(a), Sept. 29, 1988, 102 Stat. 1996; renumbered § 7019, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3019 of this title as this section.
1988—Subsec. (a). Pub. L. 100–456 inserted “, by and with the advice and consent of the Senate” before period at end.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date of 1988 Amendment
text: Pub. L. 100–456, div. A, title VII, § 703(c), Sept. 29, 1988, 102 Stat. 1996, provided that: “The amendments made by this section [amending this section and sections 5019 and 8019 of this title] shall apply to appointments made under sections 3019, 5019, and 8019 [now 7019, 8019, and 9019], respectively, of title 10, United States Code, on and after the date of the enactment of this Act [Sept. 29, 1988].”
10 U.S.C. § 7020 (ARMED FORCES)
§ 7020. Inspector General
(a) There is an Inspector General of the Army who shall be detailed to such position by the Secretary of the Army from the general officers of the Army. An officer may not be detailed to such position for a tour of duty of more than four years, except that the Secretary may extend such a tour of duty if he makes a special finding that the extension is necessary in the public interest.
(b) When directed by the Secretary or the Chief of Staff, the Inspector General shall—
(1) inquire into and report upon the discipline, efficiency, and economy of the Army; and
(2) perform any other duties prescribed by the Secretary or the Chief of Staff.
(c) The Inspector General shall periodically propose programs of inspections to the Secretary of the Army and shall recommend additional inspections and investigations as may appear appropriate.
(d) The Inspector General shall cooperate fully with the Inspector General of the Department of Defense in connection with the performance of any duty or function by the Inspector General of the Department of Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the Department of the Army.
(e) The Inspector General shall have such deputies and assistants as the Secretary of the Army may prescribe. Each such deputy and assistant shall be an officer detailed by the Secretary to that position from the officers of the Army for a tour of duty of not more than four years, under a procedure prescribed by the Secretary.
(Added Pub. L. 99–433, title V, § 501(a)(7), Oct. 1, 1986, 100 Stat. 1038, § 3020; renumbered § 7020, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.)
heading: Editorial Notes
heading: References in Text
text: The Inspector General Act of 1978, referred to in subsec. (d), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3039 of this title prior to enactment of Pub. L. 99–433.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3020 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7021 (ARMED FORCES)
§ 7021. Army Reserve Forces Policy Committee
There is in the Office of the Secretary of the Army an Army Reserve Forces Policy Committee. The functions, membership, and organization of that committee are set forth in section 10302 of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(b)(4)(A), Oct. 5, 1994, 108 Stat. 2982, § 3021; renumbered § 7021, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 3021 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 7023 (ARMED FORCES)
§ 7023. Chief of Legislative Liaison
(a) There is a Chief of Legislative Liaison in the Department of the Army.
(b) The Chief of Legislative Liaison shall perform legislative affairs functions as specified for the Office of the Secretary of the Army by section 7014(c)(1)(F) of this title.
(Added Pub. L. 107–314, div. A, title V, § 504(c)(1)(A), Dec. 2, 2002, 116 Stat. 2531, § 3023; amended Pub. L. 114–328, div. A, title V, § 502(j), Dec. 23, 2016, 130 Stat. 2103; renumbered § 7023 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(a), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232, § 808(a), renumbered section 3023 of this title as this section.
Subsec. (b). Pub. L. 115–232, § 809(a), substituted “section 7014(c)(1)(F)” for “section 3014(c)(1)(F)”.
2016—Subsec. (a). Pub. L. 114–328 struck out second sentence which read as follows: “An officer assigned to that position shall be an officer in the grade of major general.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.