Obama's Executive Order 13603
Sec. 302. Loans.
To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder. Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.
Title 50, US Code App. 2092 Sec. 302
`SEC. 302. <<NOTE: 50 USC app. 2092.>> LOANS TO PRIVATE BUSINESS
ENTERPRISES.
``(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 Loans.--Loans 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--
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``(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 Loans.--Loans 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 502 of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a);
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, United States Code.
The core joke of Hitchhiker's Guide to the Galaxy is that of course no civilization would develop personal computers with instant remote database recovery, and then waste this technology to find good drinks.
Steve Jobs has ruined this joke.