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 THE REACH OF EXISTING AUTHORITIES UNDER
TITLE DI.

(a) GUARANTEE AUTHORITY.—Section 301 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2091) is amended—

(1) in subsection (a)(l), by striking "to expedite production
and deliveries or services under Government 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 con-
tracts for the procurement of industrial resources or critical
technology items essential to the national defense";

(2) by amending 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 guarantee.";

(5) in subsection (e)(l)(A), by striking "Except during peri-
ods of national emergency declared by the Congress or the
President" and inserting "Except as provided in subparagraph
(D)";

(6) in subsection (e)(l)(C), by striking "$25,000,000" and
inserting "$50,000,000"; and

(7) subsection (e)(l), 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 nec-
essary to avert an industrial resource or critical tech-
nology shortfall that would severely impair national
defense capability.".