Page:United States Statutes at Large Volume 114 Part 3.djvu/301

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PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-259 "(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 2541d of this title. "(c) LOAN LIMITS. —The maximum amount of loan principal fuaranteed 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. § 2541a. 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). § 2541b. 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