50 U.S.C. § 4532: Loans to private business enterprises

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. financial assistance may be extended only to the extent that it is not otherwise available from private sources on reasonable terms; and 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; without the loan, United States industry cannot reasonably be expected to provide the needed capacity, technological processes, or materials in a timely manner; the loan is the most cost-effective, expedient, and practical alternative method for meeting the need; 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 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. provides, in advance, budget authority for the cost of such guarantees, as defined in section 661a of title 2 ; and establishes a limitation on the total loan principal that may be guaranteed; and made without regard to the limitations of existing law, other than section 1341 of title 31 . 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 after the 30-day period following the date on which notice under subparagraph (A) is provided. during a period of national emergency declared by the Congress or the President; and 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. 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 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.”