4532

(a) Loan authority

To reduce current or projected shortfalls of industrial resources, critical technology items, or materials essential for the national defense, the President may make provision for loans to private business enterprises (including nonprofit research corporations and providers of critical infrastructure) for the creation, maintenance, expansion, protection, or restoration of capacity, the development of technological processes, or the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals.

(b) Conditions of loansLoans may be made under this section on such terms and conditions as the President deems necessary, except that—
(1)
financial assistance may be extended only to the extent that it is not otherwise available from private sources on reasonable terms; and
(2) during periods of national emergency declared by the Congress or the President, no such loan may be made unless the President determines that—
(A)
the loan is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential to the national defense;
(B)
without the loan, United States industry cannot reasonably be expected to provide the needed capacity, technological processes, or materials in a timely manner;
(C)
the loan is the most cost-effective, expedient, and practical alternative method for meeting the need;
(D)
the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan in accordance with the terms of the loan, as determined by the President; and
(E)
the loan bears interest at a rate determined by the Secretary of the Treasury to be reasonable, taking into account the then-current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.
(c) Limitations on loansLoans under this section may be—
(1) made or guaranteed under the authority of this section only to the extent that an appropriations Act—
(A)
provides, in advance, budget authority for the cost of such guarantees, as defined in section 661a of title 2; and
(B)
establishes a limitation on the total loan principal that may be guaranteed; and
(2)
made without regard to the limitations of existing law, other than section 1341 of title 31.
(d) Aggregate loan amounts
(1) In generalIf the making of any loan under this section to correct a shortfall would cause the aggregate outstanding amount of all obligations of the Federal Government under this subchapter relating to such shortfall to exceed $50,000,000, such loan may be made only—
(A)
if the President has notified the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, in writing, of the proposed loan; and
(B)
after the 30-day period following the date on which notice under subparagraph (A) is provided.
(2) Waivers authorizedThe requirements of paragraph (1) may be waived—
(A)
during a period of national emergency declared by the Congress or the President; and
(B)
upon a determination by the President, on a nondelegable basis, that a specific loan is necessary to avert an industrial resource or critical technology shortfall that would severely impair national defense capability.
(Sept. 8, 1950, ch. 932, title III, § 302, as added Pub. L. 111–67, § 7, Sept. 30, 2009, 123 Stat. 2012.)
Termination of Section

For termination of section, see section 4564(a) of this title.

Codification

Section was formerly classified to section 2092 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 302 of act Sept. 8, 1950, ch. 932, title III, 64 Stat. 801; June 30, 1952, ch. 530, title I, § 104, 66 Stat. 298; Pub. L. 93–155, title VIII, § 807(b), Nov. 16, 1973, 87 Stat. 615; Pub. L. 96–294, title I, § 104(c), June 30, 1980, 94 Stat. 618; Pub. L. 98–265, §§ 3(b), 4(b), Apr. 17, 1984, 98 Stat. 149, 151; Pub. L. 102–558, title I, § 121(b), Oct. 28, 1992, 106 Stat. 4204, related to loans to private business enterprises, prior to the general amendment of title III of this Act by Pub. L. 111–67.

Delegation of Functions

Authority of President under this section with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 2 of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title.

Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.

For delegation of certain authority of President under this section, see sections 302 and 305(a) of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16654, set out as a note under section 4553 of this title.

Increasing Access to Materials Necessary for National Security and Pandemic Recovery

Pub. L. 116–136, div. A, title IV, § 4017, Mar. 27, 2020, 134 Stat. 482, provided that:

“Notwithstanding any other provision of law—
“(1)
during the 2-year period beginning on the date of enactment of this Act [Mar. 27, 2020], the requirements described in sections 303(a)(6)(C) and 304(e) of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(6)(C), 4534(e)) shall not apply; and
“(2)
during the 1-year period beginning on the date of enactment of this Act, the requirements described in sections 302(d)(1) and 303(a)(6)(B) of the Defense Production Act of 1950 (50 U.S.C. 4532(d)(1), 4533(a)(6)(B)) shall not apply.”
Waiver of Loan Limitations

Requirement described in subsec. (c)(1) of this section waived for the two-year period beginning with Mar. 27, 2020, see provision of title III of div. B of Pub. L. 116–136, set out as a note under section 4531 of this title.