Page:United States Statutes at Large Volume 106 Part 5.djvu/565

 PUBLIC LAW 102-558—OCT. 28, 1992 106 STAT. 4203 controls without the prior authorization of such action by a joint resolution of Congress. "(b) CHEMICAL OR BIOLOGICAL WEAPONS.— NO provision of title I of this Act shall be exercised or interpreted to require action or compliance by any private person to assist in any way in the production of or other involvement in chemical or biological warfare capabilities, unless authorized by the President (or the President's designee who is serving in a position at level I of the Executive Schedule in accordance with section 5312 of title 5, United States Code) without further redelegation.". PART C—AMENDMENTS TO TITLE III OF THE DEFENSE PRODUCTION ACT SEC. 121. EXPANDING TEDB REACH OF EXISTING AUTHORITIES UNDER TITLE m. (a) GUARANTEE AUTHORITY.— Section 301 of the Defense Production Act of 1950 (50 U.S.C. App. 2091) is amended— (1) in subsection (a)(1), by striking "to expedite production and deliveries or services under (jovernment contracts for the procurement of materials or the performance of services for the national defense" and inserting "to expedite or expand production and deliveries or services under Government contracts for the procurement of industrial resources or critical technology items essential to the national defense"; (2) by Eunending subsection (a)(3)(A) to read as follows: "(A) the guaranteed contract or activity is for industrial resources or a critical technology item which is essential to the national defense;"; (3) in subsection (a)(3)(B)— (A) by striking "Without" and inserting "without"; and (B) by striking "the capability for the needed material or service" and inserting "the needed industrial resources or critical technology item"; (4) by amending subsection (a)(3)(D) to read as follows: "(D) the combination of the United States national defense demand and foreseeable nondefense demand is not less than the output of domestic industrial capability, as determined by the President, including the output to be established through the guarsuitee."; (5) in subsection (e)(1)(A), by striking "Except during periods of national emergency declared by the Congress or the President" and inserting "Except as provided in subparagraph (D)"; (6) in subsection (e)(1)(C), by striking "$25,000,000" and inserting "$50,000,000 "; and (7) subsection (e)(1), by adding at the end the following new subparagraph: "(D) The requirements of subparagraphs (A), (B), and (C) may be waived— "(i) during periods of national emergency declared by the Congress or the President; or "(ii) upon a determination by the President, on a nondelegable basis, that a specific guarantee is necessary to avert an industrial resource or critical technology shortfall that would severely impair national defense capability.".

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