Page:United States Statutes at Large Volume 106 Part 5.djvu/582

 106 STAT. 4220 PUBLIC LAW 102-558—OCT. 28, 1992 nology, critical components, or critical technology items essential to national defense identified pursuant to this section. "(3) RELEASE OP UNCLASSIFIED STUDY. —The report required by this subsection may be classified. An unclassified version of the report shall be made available to the public.*'. TITLE II—ADDITIONAL PROVISIONS TO IMPROVE INDUSTRIAL PREPAREDNESS SEC. 201. DISCOURAGING UNFAIR TRADE PRACTICES. Regulations. (a) SUSPENSION OR DEBARMENT AUTHORIZED. —Not later than 270 days after the date of enactment of this Act, subpart 9.4 of title 48, Code of Federal Regulations (or any successor regulation) shall be amended to specify the circumstances under which a contractor, who has engaged in an unfair trade practice, as defined in subsection (b), may be found to presently lack such business integrity or business honesty to such a degree as to seriously and directly affect the responsibility of the contractor to perform any contract awarded by the Federal Government or perform a subcontract under such a contract. (b) DEFINITION OF **UNFAm TRADE PRACTICE". —For purposes of this section, the term "unfair trade practice" means the commission of any of the following acts by a contractor: (1) UNFAIR TRADE PRACTICES.— An unfair trade practice, as determined by the International Trade Commission, for a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). (2) VIOLATION OF AGREEMENTS OF COCOM.—A violation, as determined by the Secretary of Commerce, of any agreement of the group known as the "Coordinating Committee" for pur- Eoses of the Export Administration Act of 1979 or any similar Uateral or multilateral export control a^*eement. (3) FALSE STATEMENTS.—A knowingly false statement regarding a material element of a certification concerning the foreign content of an item of supply, as determined by the Secretary of the department or the head of the agency to which such certificate was fiimished. SEC. 202. FRAUDULENT USE OF "MADE IN AMERICA" LABELS. Regulations. Not later than 270 days after the date of enactment of this Act, subpart 9.4 of title 48, Code of Federal Regulations (or any successor regulation) shall be amended to specify that any person having been determined to have intentionally affixed a label bearing a '^ade in America" inscription (or any inscription having the same meaning) to a product sold in or shipped to the United States may, when such product was not made in the United States, be found to presently lack business integrity or business honesty to such a degree as to seriously and directly affect the responsibility of such person to perform any contract awarded by the Federal Government or perform a subcontract under such a contract. 50 USC app. SEC. 203. EVALUATION OF DOMESTIC DEFENSE INDUSTRIAL BASE 2062 note. POLICY. (a) CONGRESSIONAL COMMISSION ON THE EVALUATION OF DEFENSE INDUSTRIAL BASE POLICY ESTABLISHED. —There is estab- Ushed the Congressional Commission on the Evaluation of the

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