Sec. 906. Additional authorities for Office of Strategic Capital
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Section 149 of title 10, United States Code, as amended by section 905 of this Act, is further amended— by redesignating subsection
(f)as subsection (h); and by inserting after subsection
(e)the following new subsections: The Director may— charge and collect fees for the costs specified in subparagraph
(B)for services provided by the Office and associated with administering programs under this section, including project-specific transaction costs and direct costs relating to such services; and establish those fees at amounts that the Director considers appropriate only to recover the costs of project-specific transaction costs and to offset the expenses of administering of those programs. The costs specified in this subparagraph are the following: Due diligence costs paid to third parties for services conducting national security, legal, engineering, technical, financial, and other due diligence on applicants, prospective and existing borrowers, guarantors, sponsors, and other key transaction parties, their respective owners, managers, and employees, and their properties, assets, and operations. Costs of third-party services related to ratings analysis, underwriting, appraisals, valuations, travel to and inspection of project sites, and other customary analysis relating to specific applications. Costs of third-party legal services for negotiation and documentation of transactions. Costs of third-party services for monitoring, restructurings, and workouts of agreements. Administrative expenses directly related to credit program operations as defined in Office of Management and Budget Circular A–11 as of August 2025, including— the appropriate proportion of administrative expenses that are shared with non-credit programs; the cost of loan systems development and maintenance, including information technology systems costs; the cost of monitoring credit programs and private lenders for compliance with contractual requirements, laws, and regulations; the cost of all activities related to credit extension, loan servicing, write-off, and close out; and the cost of collecting delinquent or defaulted loans. Amounts collected as fees under paragraph
(1)shall— be deposited into the Credit Program Account established under subsection (e)(5); and remain available until expended. Notwithstanding subsection (e)(5)(B), none of the fees collected under paragraph
(1)may be used to pay salaries or expenses of civilian employees of the Department of Defense or for any purposes other than those described in this subsection or subsection (e)(12). Except as provided by subparagraph (B), the authority under paragraph
(1)to charge and collect fees shall expire on the date specified in paragraph (9)(A) of subsection (e). With respect to a loan or loan guarantee provided under this section that is outstanding as of the expiration date under subparagraph (A), the authority of the Director under paragraph
(1)to charge and collect fees for services relating to the loan or loan guarantee shall remain in effect for the duration of the loan or loan guarantee. Not later than March 1 of each year, the Director shall submit to the congressional defense committees a report that includes— a detailed summary of the fees collected under paragraph
(1)in the preceding fiscal year; and a description of how those fees were allocated. The Inspector General of the Department of Defense shall— conduct a review of the fees charged and collected under paragraph
(1)in fiscal year 2026 and provide a report on the results of the review to the congressional defense committees; and conduct an audit of the fees collected in fiscal years 2026 and 2027 and, once completed, provide a report to the congressional defense committees on the results of the audit not later than 180 days after the end of fiscal year 2027. The Director may accept services, such as legal, financial, technical, or professional services, associated with administering programs under this section, including accepting such services as indirect payment in kind for services provided by the Office. . Subsection (e)(3)(A)(ii)(VI) of such section is amended by striking Secretary and inserting Director . Subsection (e)(5)(A)(ii) of such section is amended— by striking consist of amounts and inserting the following: “consist of— amounts ; by striking the period at the end and inserting ; and ; and by adding at the end the following new subclause: fees deposited under subsection (f)(2). . Subsection
(e)of such section is further amended by adding at the end the following new paragraphs: Each agreement for a loan or loan guarantee executed by the Director under paragraph (3)(A) shall be conclusively presumed to be issued in compliance with the requirements of this section. In the case of a default on a loan or loan guarantee provided under paragraph (3)(A), the Director may exercise any priority of the United States in collecting debts relating to the default. In carrying out the capital assistance program under this subsection the Director may— enter into contracts, agreements, or other transactions with applicants for or recipients of capital assistance pursuant to which such applicants or recipients directly pay for the costs of third-party services provided to the Office in connection with transactions involving such applicants and recipients; procure temporary and intermittent services of experts and consultants in accordance with section 3109 of title 5 only for the purposes established under this subsection; and with the consent of another Federal agency, enter into an agreement with that Federal agency to use, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency. .