Page:United States Statutes at Large Volume 106 Part 5.djvu/566

 106 STAT. 4204 PUBLIC LAW 102-558—OCT. 28, 1992 (b) LOANS TO PRIVATE BUSINESS ENTERPRISES. — Section 302 of the Defense Production Act of 1950 (50 U.S.C. App. 2092) is amended— (1) in subsection (a), by striking "for the procurement of materials or the performance of services for the national defense" and inserting "for the procurement of industrial resources or a critical technology item for the national defense"; (2) by amending subsection (b)(2)(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 loan."; (3) in subsection (c)(1), by striking "No such loan may be made under this section, except during periods of national emergency declared by the Congress or the President" and inserting "Except as provided in paragraph (4), no loans may be made under this section"; (4) in subsection (c)(3), by striking "$25,000,000" and inserting "$50,000,000"; or (5) in subsection (c), by adding at the end the following new paragraph: "(4) The requirements of paragraphs (1), (2), and (3) may be waived— "(A) during periods 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 guarantee is necessary to avert an industrial resource or critical technology shortfall that would severely impair national defense capability.". (c) PURCHASES AND PURCHASE COMMITMENTS. — (1) IN GENERAL. —Section 303(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2093(a)) is amended to read as follows: "(a) PRESIDENTIAL PROVISIONS.— "(1) IN GENERAL. —To assist in carrying out the objectives of this Act, the President may make provision— "(A) for purchases of or commitments to purchase an industrial resource or a critical technology item, for Government use or resale; and "(B) for the encouragement of exploration, development, and mining of critical and strategic materials, and other materials. "(2) TREATMENT OF CERTAIN AGRICULTURAL COMMODITIES. — Purchases for resale under this subsection shall not include that part of the supply of an agricultural commodity which is domestically produced, except to the extent that such domestically produced supply may be purchased for resale for industrial use or stockpiling. "(3) TERMS OF SALES. — No commodity purchased under this subsection shall be sold at less than— "(A) the established ceiling price for such commodity, except that minerals, meteds, and materials shall not be sold at less than the established ceiHng price, or the current domestic market price, whichever is lower; or

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