Public Law 119-83 (04/13/2026)

10 U.S.C. § 4981

Establishment of loan guarantee program

(a)

Establishment .—

section 4811(a) of this titleIn order to meet the national security objectives in , 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)
section 4985 of this title agrees to submit the report required under .
(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.

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654 Pub. L. 116–283, div. A, title XVIII134 Stat. 4290 Pub. L. 117–81, div. A, title XVII, § 1701(d)(19)135 Stat. 2138 (Added , title X, § 1033(a)(1)], , , 1654A–258, § 2541; renumbered § 4981 and amended , §§ 1873(b), (c)(2), (e)(1), 1883(b)(2), , , 4294; , , .)

Editorial Notes

Amendments

Pub. L. 116–283, § 1873(b)section 2541 of this title2021—, (c)(2), renumbered as this section.

Pub. L. 117–81Pub. L. 116–283, § 1883(b)(2)Subsec. (a). , 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 . See note below.

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(3) of Pub. L. 117–81section 3001 of this titleAmendment by to take effect immediately after the amendments made by title XVIII of have taken effect, see , set out in a note preceding and note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .