Section 1295 of title 33, United States Code, is amend-
ed— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Notwithstanding’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) CRITERIA FOR USE OF PUBLIC INTEREST EX-
CEPTION.—In determining whether a public interest ex-
ception shall be applied under subsection (a), the Adminis-
trator shall— 
‘‘(1) consider the short-term and long-term ef-
fects of applying such exception on employment 
within the United States, taking into account infor-
mation provided by entities that manufacture the ar-
ticles, materials, or supplies concerned in the United 
States; and 
‘‘(2) determine that preserving or increasing 
employment within the United States is consistent 
with the public interest.’’. 
SEC. 5. TRANSPARENCY REQUIREMENTS. 
(a) REQUIREMENT
FOR
AGENCIES
TO
NOTIFY 
OMB.—Each agency that applies an exception to, or 
grants a waiver under, chapter 83 of title 41, United 
States Code (popularly referred to as the Buy American 
Act) shall submit to the Director of the Office of Manage-
VerDate Mar 15 2010 
01:57 May 29, 2014
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4724.IH
H4724
smartinez on DSK6TPTVN1PROD with BILLS
ment and Budget a notification of the application of the 
exception or the grant of a waiver and a statement de-
scribing the procurement and the exception being applied 
or waiver granted. 
(b) REQUIREMENT FOR DIRECTOR OF OMB TO POST 
ON WEB SITE.—Within 7 days after receipt of any notifi-
cation under subsection (a), the Director of the Office of 
Management and Budget shall post the notification on a 
central, publicly accessible website of the Office. 
(c) DEFINITION OF AGENCY.—In this section, the 
term ‘‘agency’’ has the meaning given under section 551 
of title 5, United States Code. 
SEC. 6. LOANS AND LOAN GUARANTEES TO DOMESTIC MAN-
UFACTURERS UNDER DEFENSE PRODUCTION 
ACT. 
(a) PROGRAM AUTHORIZED.—The President, acting 
through the Secretary of Defense, may establish and carry 
out a program to make or guarantee loans under title III 
of the Defense Production Act (50 U.S.C. App. 2091 et 
seq.) to eligible entities in accordance with this section. 
(b) ELIGIBILITY REQUIREMENTS.—The Secretary of 
Defense shall establish eligibility requirements for pur-
poses of the loans or loan guarantees under this section 
in order to provide assistance to any entity that— 
(1) is a manufacturer in the United States; 
VerDate Mar 15 2010 
01:57 May 29, 2014
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4724.IH
H4724
smartinez on DSK6TPTVN1PROD with BILLS
(2) is a firm certified as eligible to apply for ad-
justment assistance under section 251(c) of the 
Trade Act of 1974 (19 U.S.C. 2341(c)); and 
(3) meets one of the following criteria: 
(A) The entity mines, produces, or manu-
factures a nonavailable item. 
(B) The entity is the last remaining manu-
facturer of an item in the United States, as de-
termined by the Secretary of Defense, and can 
prove hardship because of foreign competition. 
(C) The entity is the last remaining manu-
facturer of an item in the United States and 
that item is considered to be vital for national 
security purposes by the Department of De-
fense or another department or agency of the 
United States. 
(c) AMOUNT OF LOAN OR LOAN GUARANTEE.—The 
amount of any loan made or guaranteed under this section 
may not exceed $5,000,000 per entity. 
(d) USE OF FUNDS.—Each eligible entity receiving 
a loan or loan guarantee under this section shall use the 
funds of the loan made or guaranteed only for one or more 
of the following purposes: 
(1) Increasing its ability to compete for a Gov-
ernment contract for a nonavailable item. 
VerDate Mar 15 2010 
01:57 May 29, 2014
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4724.IH
H4724
smartinez on DSK6TPTVN1PROD with BILLS
(2) Increasing its ability to produce a nonavail-
able item. 
(3) Increasing its capacity to produce items 
that are vital to national security. 
(e) APPLICATION REQUIREMENTS.—To receive a 
loan or loan guarantee under this section, an eligible entity 
shall submit an application to the Secretary of Defense 
at such time, in such manner, and containing such infor-
mation as the Secretary may require. At a minimum, the 
application shall include a statement regarding the num-
ber of direct full-time domestic jobs expected to be created 
or retained as a result of the loan made or guaranteed, 
but such statement shall not be the sole factor used in 
determining the award of the loan or loan guarantee. 
(f) ANNUAL EVALUATION OF LOAN OR LOAN GUAR-
ANTEE RECIPIENTS BY DEPARTMENT OF DEFENSE.— 
The Secretary of Defense each year shall evaluate recipi-
ents of loans or loan guarantees under this section to de-
termine the proper allocation of loan funds that are loaned 
or guaranteed. 
(g) DEFINITION OF NONAVAILABLE ITEM.—In this 
section, the term ‘‘nonavailable item’’ means any of the 
following: 
(1) An article, material, or supply— 
VerDate Mar 15 2010 
01:57 May 29, 2014
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4724.IH
H4724
smartinez on DSK6TPTVN1PROD with BILLS
(A) that has been determined by a Federal 
agency, pursuant to chapter 83 of title 41, 
United States Code (popularly referred to as 
the Buy American Act), to not be mined, pro-
duced, or manufactured in the United States in 
sufficient and reasonably available commercial 
quantities of a satisfactory quality; or 
(B) that is listed on the list of nonavailable 
articles under subpart 25.104 of the Federal 
Acquisition Regulation. 
(2) An article or item— 
(A) that is described in section 2533a(b) of 
title 10, United States Code, and grown, re-
processed, reused, or produced in the United 
States; and 
(B) satisfactory quality and sufficient 
quantity of which cannot be procured as and 
when needed at United States market prices, as 
determined by the Secretary of Defense or the 
Secretary of the military department concerned, 
pursuant to section 2533a(c) of such title. 
(3) Compliant specialty metal— 
(A) as defined in section 2533b(b) of title 
10, United States Code; and 
VerDate Mar 15 2010 
01:57 May 29, 2014
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4724.IH
H4724
smartinez on DSK6TPTVN1PROD with BILLS