Pub Law 102-558

106 STAT. 4198

PUBLIC LAW 102-558—OCT. 28, 1992

Public Law 102-558
102d Congress
Oct. 28, 1992
[S. 347]
Defense
Production Act
Amendments
of 1992.
50 u s e app.
2061 note.

An Act

To amend the Defense Production Act of 1950 to revitalize the defense industrial
base of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Defense Production Act Amendments of 1992".
(b) TABLE OF CONTENTS.—
Section 1. Short title; table of contents.
TITLE I—AMENDMENTS TO THE DEFENSE PRODUCTION ACT OF 1950
PART A—DECLARATION OF POLICY

Sec. 101. Declaration of policy.
PART B—AMENDMENTS TO TITLE I OF THE DEFENSE PRODUCTION ACT

Sec. 111. Strengthening of domestic capability and assistance for smedl businesses.
Sec. 112. Limitation on actions without congressional authorization.
PART C—AMENDMENTS TO TITLE III OF THE DEFENSE PRODUCTION ACT

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

121.
122.
123.
124.
125.
126.

Expanding the reach of existing authorities under title III.
Defense Production Act Fund.
Declaration of offset pohcy.
Annual report on impact of offsets.
Civil-military integration.
Testing, qualification, and use of industrial resources developed under
title III projects.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

131.
132.
133.
134.
135.
136.

Small business.
Definitions.
Appointment of personnel.
Regulations and orders.
Information on the defense industrial base.
Public participation in rulemaking.

Sec.
Sec.
Sec.
Sec.

141.
142.
143.
144.

Technical correction.
Investigations; records; reports; subpoenas.
Employment of persoiinel.
Technical correction.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

151.
152.
153.
154.
155.
156.

Synthetic fuel action.
Sepeal of interest payment provisions.
Joint Committee on Defense Production.
Persons disqualified for employment.
Feasibility study on uniform cost accounting standards; report submitted.
National commission on supplies and shortages.

PART D—AMENDMENTS TO TITLE VTI OF THE DEFENSE PRODUCTION ACT

PART E—TECHNICAL AMENDMENTS

PART F—REPEALERS AND CONFORMING AMENDMENTS

PART G—REAUTHORIZATION OF SELECTED PROVISIONS

Sec. 161. Authorization of appropriations.
Sec. 162. Extension of program.
Sec. 163. Presidential study.
TITLE II—ADDITIONAL PROVISIONS TO IMPROVE INDUSTRIAL
PREPAREDNESS
Sec. 201. Discouraging unfair trade practices.

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4199

Sec. 202. Fraudulent use of "Made in America" labels.
Sec. 203. Evaluation of domestic defense industrial base policy.
TITLE III—MISCELLANEOUS PROVISIONS
Sec. 301. Energy seciirity.
Sec. 302. Domestic retail deposit-taking by foreign banks.
Sec. 303. Deposit insurance assessment rates for lifeline account deposits.
Sec. 304. Effective date.
Sec. 305. Provisional repeal of duplicative provisions.

TITLE I—AMENDMENTS TO THE
DEFENSE PRODUCTION ACT OF 1950
PART A—DECLARATION OF POLICY
SEC. 101. DECLARATION OF POLICY.

Section 2 of the Defense Production Act of 1950 (50 U.S.C.
App. 2062) is amended to read as follows:
"SEC. 2. DECLARATION OF POLICY.

"(a) FINDINGS.—The Congress finds t h a t ' l l ) the vitality of the industrial and technology base of
the United States is a foundation of national security that
provides the industrial and technological capabilities employed
to meet national defense requirements, in peacetime and in
time of national emergency;
"(2) in peacetime, the heeilth of the industrial and technological base contributes to the technological superiority of
United States defense equipment, which is a cornerstone of
the national security strategy, and the efficiency with which
defense equipment is developed and produced;
"(3) in times of crisis, a healthy industrial base will be
able to effectively provide the graduated response needed to
effectively meet the demands of the emergency;
"(4) in view of continuing international problems, the
Nation's demonstrated reliance on imports of materials and
components, and the need for measures to reduce defense production lead times and bottlenecks, and in order to provide
for the national defense and national security, the United States
defense mobilization preparedness effort continues to require
the development of—
"(A) preparedness programs;
"(B) domestic defense industrial base improvement
measures;
"(C) provisions for a graduated response to any
threatening international or military situation;
"(D) the expansion of domestic productive capacity
beyond the levels needed to meet the civilian demand;
and
"(E) some diversion of certain materials and faciUties
from civilian use to military and related purposes.
"(5) to meet the requirements referred to in this subsection,
this Act affords to the President an array of authorities to
shape defense preparedness programs and to take appropriate
steps to maintain and enhance the defense industrial and
technological base;
"(6) the activities referred to in this subsection are needed *
in order to—

106 STAT. 4200

PUBLIC LAW 102-558—OCT. 28, 1992
"(A) improve domestic defense industrial base efficiency
and responsiveness;
"(B) reduce the time required for industrial mobilization in the event of an attack on the United States; or
"(C) to respond to actions occurring outside of the
. United States which could result in the termination or
reduction of the availability of strategic and critical materials, including energy, and which could adversely affect
the national defense preparedness of the United States;
"(7) in order to ensure national defense preparedness, which
is essential to national security, it is necessary and appropriate
to assure the availabihty of domestic energy supplies for
national defense needs;
"(8) to further assure the adequate maintenance of the
defense industrial base, to the maximum extent possible, such
supphes should be augmented through reliance on renewable
fuels, including solar, geothermal, and wind energy and ethanol
and its derivatives, and on energy conservation measures;
"(9) the domestic defense industrigd base is a component
part of the core industrial capacity of the Nation;
"(10) much of the industrial capacity which is relied upon
by the Federal Government for military production and otner
defense-related purposes is deeply and directlv influenced by—
"(A) the overall competitiveness of the United States
industrial economy; and
"(B) the ability of United States industry, in general,
to produce internationally competitive products and operate
profitably while maintaining adequate research and development to preserve that competitive edge in the future,
with respect to military and civiHan production;
"(11) the domestic defense industrial base is developing
a growing dependency on foreign sources for critical components
and materials used in mani:facturing and assembling m£gor
weapons systems for the national defense;
(12) such dependence is threatening the capability of many
critical industries to respond rapidly to defense production
needs in the event of war or other hostilities or diplomatic
confrontation; and
"(13) the inabiUty of United States industry, especially
smaller subcontractors and suppliers, to provide vital parts
and components and other materials would impair our ability
to sustain United States Armed Forces in combat for longer
than a short period.
"(b) STATEMENT OF POLICY.—It is the policy of the United

States that—
"(1) in order to ensure productive capacity in the event
of an attack on the United States, the United States should
encourage the geographic dispersal of industrial facilities in
the United States to discourage the concentration of such productive facilities within limited geographic areas which are
vulnerable to attack by an enemy of the United Stetes;
"(2) to ensure that essential mobilization requiremente are
met, consideration should also be given to stockpiling strategic
materials to the extent that aucn stockpiling is economical
and feasible;
"(3) in the construction of aiw Government-owned industrial facihty, in the rendition of any Government financial

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4201

assistance for the construction, expansion, or improvement of
any industrial facility, and in the production of goods and
services, under this or any other Act, each department and
agency of the executive branch should apply, under the
coordination of the Federal Emergency Management Agency,
when practicable and consistent with existing law and the
desirability for msdntaining a sound economy, the principle
of the geographic dispersal of such facilities in the interest
of nationgQ defense, except that nothing in this paragraph shall
preclude the use of existing industrial faciUties;
"(4) to ensure the adequacy of productive capacity and
supply, executive agencies and departments responsible for
defense acquisition should continuously assess the capability
of the domestic defense industrial base to satisfy peacetime
requirements as well as increased mobilization production
requirements, specifically evaluating the availability of adequate production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical
personnel;
"(5) every effort should be made to foster cooperation
between the defense and commercial sectors for research and
development and for acquisition of materials, components, £ind
equipment; and
"(6) plans and programs to carry out this section shall
be undertaken with due consideration for promoting efficiency
and competition.".

P A R T B — A M E N D M E N T S TO TITLE I O F T H E
DEFENSE PRODUCTION ACT
SEC. 111. STRENGTHENING OF DOMESTIC CAPABILITY AND ASSISTANCE FOR SMALL BUSINESSES.

Title I of the Defense Production Act of 1950 (50 U.S.C. App.
2071, et seq.) is amended by adding at the end the following
new sections:
"SEC. 107. STRENGTHENING DOMESTIC CAPABILITY.

50 USC app.
2077

"(a) I N GENERAL.—^Utilizing the authority of title III of this
Act or any other provision of law, the President may provide appropriate incentives to develop, maintain, modernize, and expand the
productive capacities of domestic sources for critical components,
critical technology items, and industrial resources essential for the
execution of the national security strategy of the United States.
"(b) CRITICAL COMPONENTS AND CRITICAL TECHNOLOGY ITEMS.—
"(1) IDENTIFICATION.—

"(A) I N GENERAL.—The President, acting through the President.
Secretary of Defense, shall identify critical components and
critical technology items for each item on the Critical Items
List of the Commanders-in-Chief of the Unified and Specified Commands and other items within the inventory of
weapon systems and defense equipment.
"(B) DEFINITION.—Any component identified as critical
by a National Security Assessment conducted pursuant
to section 113(i) of title 10, United States Code, or by
a Presidential determination as a result of a petition filed
under section 232 of the Trade Expansion Act of 1962
shall be designated as a critical component for purposes

106 STAT. 4202

PUBLIC LAW 102-558—OCT. 28, 1992
of this Act, unless the President determines that the designation is unwarranted.

President.

"(2) MAINTENANCE OP RELIABLE SOURCES OF SUPPLY.—The

President shall take appropriate actions to assure that critical
components or critical technology items are available from reliable sources when needed to meet defense requirements during
peacetime, graduated mobilization, and national emergency.
"(3) APPROPRIATE ACTION.—For purposes of this subsection,
appropriate action may include—
"(A) restricting contract soHcitations to reliable sources;
"(B) restricting contract solicitations to domestic
sources pursuant to—
"(i) section 2304(b)(1)(B) or section 2304(c)(3) of
title 10, United States Code;
"(ii) section 303(b)(1)(B) or section 303(c)(3) of the
Federal Property and Administrative Services Act of
1949;or
"(iii) other statutory authority;
"(C) stockpiling critical components; and
"(D) developing substitutes for a critical component
or a critical technology item.
50USCapp.
2078
President.

"SEC. 108. MODERNIZATION OF SMALL BUSINESS SUPPLIERS.
"^^^ ^^ GENERAL.—In providing any assistance under this Act,
the President shall accord a strong preference for small business
concerns which are subcontractors or suppliers, and, to the maximum extent practicable, to such small business concerns located
in areas of high unemployment or areas that have demonstrated
a continuing pattern of economic decline, as identified by the Secretary of Labor.
"(b) MODERNIZATION OF EQUIPMENT.—

"(1) I N GENERAL.—Funds authorized under title III may
be used to guarantee the purchase or lease of advance manufacturing equipment, and any relsited services with respect to
any such equipment for purposes of this Act.
"(2) SMALL BUSINESS SUPPLIERS.—In considering proposals
for title III projects under paragraph (1), the President shall
provide a strong preference for proposals submitted by a small
business supplier or subcontractor whose proposal—
"(A) has the support of the department or agency which
will provide the guarantee;
(B) reflects that the small business concern has made
arrangements to obtain qualified outside assistance to support the effective utilization of the advginced manufacturing
equipment being proposed for installation; and
"(C) meets the requirements of section 301, 302, or
303.".
SEC. 112. LIMITATION ON ACTIONS WITHOUT CONGRESSIONAL
AUTHORIZATION.

Section 104 of the Defense Production Act of 1950 (50 U.S.C.
App. 2074) is amended to read as follows:
"SEC. 104. LIMITATION ON ACTIONS WITHOUT CONGRESSIONAL
AUTHORIZATION.

"(a) WAGE OR PRICE CONTROLS.—NO provision of this Act shall
be interpreted as providing for the imposition of wage or price

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.".

P A R T C—AMENDMENTS TO TITLE III O F T H E
D E F E N S E P R O D U C T I O N ACT
SEC. 121. EXPANDING TEDB REACH OF EXISTING AUTHORITIES UNDER
TITLE m .
(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)(1), by striking "to expedite production
and deliveries or services under (jovemment 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 (Jovemment 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.".

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 capabiUty, 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 imder 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; £ind
"(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) I N 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) I N 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 criticsd 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 imder 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

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4205

"(B) if no ceiling price has been established, the higher
of—
"(i) the current domestic market price for such
commodity; or
"(ii) the minimum sale price established for agricultural commodities owned or controlled by the Commodity Credit Corporation, as provided in section 407
of the Agricultural Act of 1949.
"(4) DELIVERY DATES.—No purchase or commitment to purchase any imported agriculturgd commodity shall specify a deHvery date which is more than 1 year after the expiration of
this section.
"(5) PRESIDENTIAX- DETERMINATIONS.—Except as provided

in paragraph (7), the President may not execute a contract
under this subsection unless the President determines that—
"(A) the industrial resource or critical technology item
is essential to the national defense;
"(B) without Presidential action under the authority
provided for in this section. United States industry cannot
reasonably be expected to provide the capability for the
needed industrial resource or critical technology item in
a timely manner;
"(C) purchases, purchase commitments, or other action
pursuant to this section are the most cost-effective, expedient, and practical alternative method for meeting the need;
and
"(D) the combination of the United States national
defense demand and foreseeable nondefense demand for
the industrial resource or critical technology item is not
less than the output of domestic industrial capability, as
determined by the President, including the output to be
established through the purchase, purchase commitment,
or other action.
"(6) IDENTIFICATION OF SHORTFALL.—
"(A) IN GENERAL.—^Except as provided in paragraph
(7), the President shall take no action under this section
unless the industrial resource shortfall which such action
is intended to correct has been identified in the Budget
of the United States, or amendments thereto, submitted
to the Congress and accompanied by a statement from
the President demonstrating that the budget submission
is in accordance with the provisions of paragraph (5).
"(B) TIMING OF ACTION.—^Any such action may be taken
only after 60 days have elapsed after such industrial
resource shortfall has been identified pursuant to subparagraph (A).
"(C) LIMITATION.—If the taking of any action or actions
under this section to correct an industrial resource shortfall
would cause the aggregate outstanding amount of all such
actions for such industrial resource shortfall to exceed
$50,000,000, any such action or actions may be taken only
if specifically authorized by law.
"(7) WAIVER.—^The requirements of paragraphs (1) through
(6) may be waived—
"(A) during periods of national emergency declared by
the Congress or the President; or

106 STAT. 4206

PUBLIC LAW 102-558—OCT. 28, 1992
"(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.".
(2) PURCHASE PERIODS.—Section 303(b) of the Defense Production Act of 1950 (50 U.S.C. 2093(b)) is amended by striking
"September 30, 1995" and inserting "a date that is not more
than 10 years from the date such purchase, purchase commitment, or sale was initially made".
(d) DEVELOPING SUBSTITUTES.—Section 303(g) of the Defense

Production Act of 1950 (50 U.S.C. App. 2093(g)) is amended by
inserting before the period the following: ", critical components,
critical technology items, and other industrial resources".
SEC. 122. DEFENSE PRODUCTION ACT FUND.

Section 304 of the Defense Production Act of 1950 (50 U.S.C.
App. 2094) is amended to read as follows:
"SEC. 304. DEFENSE PRODUCTION ACT FUND.
"(a) ESTABLISHMENT OF FuND.^There is established in the

President.

Reports.

Treasury of the United States a separate fund to be known as
the Defense Production Act Fund (hereafter in this section referred
to a s ' t h e Fund').
"(b) MONEYS IN FUND.—There shall be credited to the Fund—
"(1) all moneys appropriated for the Fund, as authorized
by section 711(c); and
"(2) all moneys received by the Fund on transactions
entered into pursuant to section 303.
"(c) U S E OF FUND.—^The Fund shall be available to carry out
the provisions and purposes of this title, subject to the limitations
set forth in this Act and in appropriations Acts.
"(d) DURATION OF FUND.—^Moneys in the Fimd shall remain
available until expended.
"(e) FUND BALANCE.—^The Fund balance at the close of each
fiscal year shall not exceed $400,000,000, excluding any moneys
appropriated to the Fund during that fiscal year or obligated funds.
If, at the close of any fiscal year, the Fund balance exceeds
$400,000,000, the amount in excess of $400,000,000 shall be paid
into the general fund of the Treasury.
"(f) FuND MANAGER.—^The President shall designate a Fund
manager. The duties of the Fund manager shall include—
"(1) determining the Uability of the Fund in accordance
with subsection (g);
"(2) ensuring the visibility and accountability of transactions engaged in through the Fund; and
"(3) reporting to the Congress each year regarding activities
of the Fimd during the previous fiscal year.
"(g) LIABILITIES AGAINST FUND.—^When any agreement entered

into pursuant to this title after December 31, 1991, imposes any
contingent liability upon the United States, such liability shall
be considered £in obligation against the Fund.".
50 u s e app.

SEC. 123. DECLARATION OF OFFSET POLICY.

(a) I N GENERAL.—Recognizing that certain offsets for mihtary
exports are economically inefficient and market distorting, and
mindful of the need to minimize the adverse effects of offsets
in military exports while ensuring that the ability of United States

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4207

firms to compete for military export sales is not undermined, it
is the policy of the Congress that—
(1) no agency of the United States Government shall
encourage, enter directly into, or commit United States firms
to any offset arrangement in connection with the sale of defense
goods or services to foreign governments;
(2) United States Government funds shall not be used
to finance offsets in security assistance transactions, except
in accordance with policies and procedures that were in existence on March 1, 1992;
(3) nothing in this section shall prevent agencies of the
United States Government from fulfilling obligations incurred
through international agreements entered into before March
1, 1992; and
(4) the decision whether to engage in offsets, and the
responsibility for negotiating and implementing offset arrangements, reside with the companies involved.
(b) PRESIDENTIAL APPROVAL OF EXCEPTIONS.—It is the policy
of the Congress that the President may approve an exception to
the policy stated in subsection (a) after receiving the recommendation of the National Security Council.
(c) CONSULTATION.—It is the policy of the Congress that the President.
President shall designate the Secretary of Defense to lead, in
coordination with the Secretary of State, an interagency team to
consult with foreign nations on limiting the adverse effects of offsets
in defense procurement. The President shall transmit an annual Reports,
report on the results of these consultations to the Congress as
part of the report required under section 309(a) of the Defense
Production Act of 1950.
SEC. 124. ANNUAL REPORT ON IMPACT OF OFFSETS.
Section 309 of the Defense Production Act of 1950 (50 U.S.C.
App. 2099) is amended—
(1) in subsection (a)—
(A) by striking "(a) REPORT REQUIRED.—Not later" and

inserting: "(a) ANNUAL REPORT ON IMPACT OF OFFSETS.—
"(1) REPORT REQUIRED.—Not later";

(B) by striking the second sentence; and
(C) by adding at the end the following new paragraph:
"(2) DUTIES OF THE SECRETARY OF COMMERCE.—The Secretary of Commerce (hereafter in this subsection referred to
as 'the Secretary') shall—
"(A) prepare the report required by paragraph (1);
"(B) consult with the Secretary of Defense, the Secretary of the Treasury, the Secretary of State, and the
United States Trade Representative in connection with the
preparation of such report; and
"(C) function as the President's Executive Agent for
canying out this section.";
(2) by amending subsection (b) to read as follows:
"(b) INTERAGENCY STUDIES AND RELATED DATA.—
"(1) PURPOSE OF REPORT.—^Each report required

under subsection (a) shall identify the cumulative effects of offset agreements on—
"(A) the full range of domestic defense productive
capability (with special attention paid to the firms serving
as lower-tier subcontractors or suppliers); and

^

106 STAT. 4208

PUBLIC LAW 102-558—OCT. 28, 1992
"(B) the domestic defense technology base as a consequence of the technology transfers associated with such
offset agreements.
"(2) USE OF DATA.—^Data developed or compiled by any
agency while conducting any interagency study or other
independent study or analysis shall be made available to the
Secretary to faciUtate the execution of the Secretary's responsibiUties with respect to trade offset and coiuitertrade poHcy
development."; and
(3) by adding at the end the following new subsections:
"(c) NOTICE OF OFFSET AGREEMENTS.—

"(1) IN GENERAL.—^If a United States firm enters into a
contract for the sale of a weapon system or defense-related
item to a foreign country or foreign firm and such contract
is subject to an offset agreement exceeding $5,000,000 in value,
such firm shall fiimish to the official designated in the regulations promulgated pursuant to paragraph (2) information concerning such sale.
"(2) REGULATIONS.—^The information to be furnished under
paragraph (1) shall be prescribed in regulations promulgated
by the Secretary. Such regulations shall provide protection
firom pubUc disclosure for such information, unless pubhc disclosure is subsequently specifically authorized by the firm fiirnishing the information.
"(d) CONTENTS OF REPORT.—

"(1) IN GENERAL.—^Each report under subsection (a) shall
include—
"(A) a net assessment of the elements of the industrial
base and technology base covered by the report;
"(B) recommendations for appropriate remedial action
under the authority of this Act, or other law or regulations;
"(C) a summary of the findings and recommendations
of any interagency studies conducted during the reporting
period under subsection (b);
"(D) a summary of offset arrangements concluded during the reporting period for which information has been
fiirnished pursuant to subsection (c); and
"(E) a summary and analysis of any bilateral and multilateral negotiations relating to the use of offsets completed
during the reporting period.
"(2) ALTERNATIVE FINDINGS OR RECOMMENDATIONS.—Each

report required under this section shall include any alternative
findings or recommendations offered by any departmental Secretary, agency head, or the United States TVade Representative
to the Secretary.
"(e) UTILIZATION OF ANNUAL REPORT IN NEGOTIATIONS.—The

findings and recommendations of the reports required by subsection
(a), and any interagency reports and analyses shall be considered
by representatives of the United States during bilateral and multilateral negotiations to minimize the adverse effects of ofifsets.".
SEC. 125. CIVIL-BflLITARY INTEGRATION.

Title III of the Defense Production Act of 1950 is amended
by adding at the end the following new section:

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4209

-SEC. 310. CIVIL-MILITARY INTEGRATION.

"An important purpose of this title is the creation of production
capacity that will remain economically viable after guarantees and
other assistance provided under this title have expired.".
SEC. 126. TESTING, QUALIFICATION, AND USE OF INDUSTRIAL
RESOURCES DEVELOPED UNDER TITLE m PROJECTS.

(a) I N GENERAL.—Not later than 270 days after the date of
enactment of this Act, the single govemmentwide Federal Acquisition Regulation, referred to in section 25(c)(1) of the OflRce of
Federal Procurement Policy Act (41 U.S.C. 421(c)(1)) shall be
amended to provide for testing and qualification (pursuant to subsection (b)) and use (pursuant to subsection (c)) of the industrial
resources manufactured or developed with assistance provided
under section 301, 302, or 303 of the Defense Production Act of
1950.
(b) TESTING AND QUALIFICATION.—Any testing and qualification
required for the use or incorporation of the industrial resource
developed or manufactured with such assistance shall be undertaken upon the request of the title III project contractor and the
costs of such testing and qualification shall be borne by the department or agency imposing the testing and qualification requirement.
(c) USE.—^Upon qualification, the industrial resource shall be
eligible for use with respect to the development and manufacture
of a major system or an item of supply being undertaken by an
executive agency.
(d) DEFINITIONS.—For purposes of this section—
(1) the term "industrial resources" has the same meaning
as in section 702(11) of the Defense Production Act of 1950;
(2) the term "item of supply" has the same meaning as
in section 4(10) of the Office of Federal Procurement Policy
Act;
(3) the term "major system" has the same meaning as
in section 4(9) of the Office of Federal Procurement Policy
Act; and
(4) the term "title III project contractor" means a contractor
who has received assistance for the development or manufacture of an industrial resource under section 301, 302, or 303
of the Defense Production Act of 1950 (50 U.S.C. App. 2 0 9 1 2093).

PART D—AMENDMENTS TO TITLE VII OF THE
DEFENSE PRODUCTION ACT
SEC. 13L SMALL BUSINESS.

Section 701 of the Defense Production Act of 1950 (50 U.S.C.
App. 2151) is amended to read as follows:
"SEC. 701. SMALL BUSINESS.

"(a) PARTICIPATION.—Small business concerns shall be given
the maximum practicable opportunity to participate as contractors,
and subcontractors at various tiers, in all programs to maintain
and strengthen the Nation's industrial base and technology base
undertaken pursuant to this Act.
"(b) ADMINISTRATION OF ACT.—In administering the programs,
implementing regulations, policies, and procedures under this Act,

50 USC app.
2099a

106 STAT. 4210

PUBLIC LAW 102-558—OCT. 28, 1992

requests, applications, or appeals from small business concerns
shall, to the maximum extent practicable, be expeditiously handled.
"(c) ADVISORY COMMITTEE PARTICIPATION.—Representatives of

small business concerns shall be afforded the maximum opportunity
to participate in such advisory committees as may be estabUshed
pursuant to this Act,
"(d) INFORMATION.—Information about this Act and activities
undertaken in accordance with this Act shall be made available
to small business concerns.
"(e) ALLOCATIONS UNDER SECTION lOl.^Whenever the President makes a determination to exercise any authority to allocate
any material pursuant to section 101, small business concerns shall
be accorded, to the extent practicable, a fair share of such material,
in proportion to the share received by such business concerns under
normal conditions, giving such special consideration as may be
possible to emerging small business concerns.".
SEC. 132. DEFINITIONS.

Section 702 of the Defense Production Act of 1950 (50 U.S.C.
App. 2152) is amended to read as follows:
-SEC. 702. DEFINITIONS.

"For purposes of this Act, the following definitions shall apply:
"(1) CRITICAL COMPONENT.—The term 'critical component'
includes such components, subsystems, systems, and related
special tooling and test equipment essential to the production,
repair, maintenance, or operation of weapon systems or other
items of military equipment identified by the Secretary of
Defense as being essential to the execution of the national
security strategy of the United States. Components identified
as critical by a National Security Assessment conducted pursuant to section 113(i) of title 10, United States Code, or by
a Presidential determination as a result of a petition filed
under section 232 of the Trade Expansion Act of 1962 shall
be designated as criticsd components for purposes of this Act,
unless the President determines that the designation is
unwarranted.
"(2) CRITICAL INDUSTRY FOR NATIONAL SECURITY.—^The term
'critical industry for national security* mesins any industry (or
industry sector) identified pursuant to section 2503(6) of title
10, United States Code, and such other industries or industry
sectors as may be designated by the President as essential
to provide industrial resources required for the execution of
the national security strategy of the United States.
"(3) CRITICAL TECHNOLOGY.—The term 'critical technology'
includes any technology that is included in 1 or more of the
lans submitted pursuant to section 6681 of title 42, United
tates Code, or section 2508 of title 10, United States Code
(unless subsequently deleted), or such other emerging or dual
use technology as may be designated by the President.
"(4) CRITICAL TECHNOLOGY ITEM.—-The term 'critical technology item' means materials directly emplojdng, derived from,
or utilizing a critical technology.
"(5) DEFENSE CONTRACTOR.—^The term 'defense contractor"
means any person who enters into a contract with the United
States—
"(A) to furnish materials, industrial resources, or a
critical technology for the national defense; or . .

g
_^

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4211

"(B) to perform services for the national defense.
DOMESTIC DEFENSE INDUSTRIAL BASE.—^The term
'domestic defense industrial base' means domestic sources
which are providing, or which would be reasonably expected
to provide, materials or services to meet national defense
requirements during peacetime, graduated mobilization,
national emergency, or war.
"(7) DOMESTIC SOURCE.—The term 'domestic source' means
a business concern—
"(A) that performs in the United States or Canada
substantially all of the research and development, engineering, msuiufacturing, and production activities required of
such business concern imder a contract with the United
States relating to a critical component or a critical technology item; and
"(B) that procures from business concerns described
in subparagraph (A) substantially all of any components
and assemblies required under a contract with the United
States relating to a critical component or critical technology
item.
"(8) ESSENTIAL WEAPON SYSTEM.—^The term 'essential
weapon system' means a major weapon system and other items
of military equipment identified by the Secretary of Defense
as being essential to the execution of the national security
strategy of the United States.
"(9) FACILITIES.—^The term 'facilities' includes all types of
buildings, structures, or other improvements to real property
(but excluding farms, churches or other places of worship, and
private dwelUng houses), and services relating to the use of
any such building, structure, or other improvement.
"(10) FOREIGN SOURCE.—The term 'foreign source' means
a business entity other than a 'domestic source'.
"(11) INDUSTRIAL RESOURCES.—The term 'industrial
resources' means materials, services, processes, or manufacturing equipment (including the processes, technologies, and
ancillary services for the use of such equipment) needed to
establish or maintain an efficient £Uid modem national defense
industrial capacity.

"(6)

"(12) MATERIALS.—^The term'materials'includes—

"(A) £uiy raw materials (including minerals, metals,
and advanced processed materials), commodities, articles,
components (including critical components), products, and
items of supply; and
"(B) any technical information or services ancillary
to the use of any such materials, commodities, articles,
components, products, or items.
"(13) NATIONAL DEFENSE.—The term 'national defense'
means programs for military and energy production or construction, military assistance to any foreign nation, stockpiling,
space, and any directly related activity.
"(14) PERSON.—^The term 'person' includes an individual,
corporation, partnership, association, or any other organized
group of persons, or legal successor or representative thereof,
or any State or local government or agency thereof.
"(15) SERVICES.—The term 'services' includes any effort
that is needed for or incidental to—

106 STAT. 4212

PUBLIC LAW 102-558—OCT. 28, 1992
"(A) the development, production, processing, distribution, delivery, or use of an industrial resource or a
critical technology item; or
"(B) the construction of facilities.
"(16) SMALL BUSINESS CONCERN.—The term 'small business
concern' means a business concern that meets the requirements
of section 3(a) of the Small Business Act and the regulations
promulgated pursuant to that section, and includes such business concerns owned and controlled by socially and economically
disadvantaged individuals or by women.
BY

"(17) SMALL BUSINESS CONCERN OWNED AND CONTROLLED
SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVID-

UALS.—^The term 'small business concern owned and controlled
by socially and economically disadvantaged individuals' has
the same meaning as in section 8(d)(3)(C) of the Small Business
Act.".
SEC. 133. APPOINTMENT OF PERSONNEL.

Section 703 of the Defense Production Act of 1950 (50 U.S.C.
App. 2153) is amended to read as follows:
-SEC. 703. CIVILIAN PERSONNEL.

"Any officer or agency head may—
"(1) appoint civilian personnel without regard to section
5331(b) of title 5, United States Code, and without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service; and
"(2) fix the rate of basic pay for such personnel without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates,
except that no individual so appointed may receive pay in excess
of the annual rate of basic pay payable for GS-18 of the General
Schedule, as the President deems appropriate to carry out this
Act.".
SEC. 134. REGULATIONS AND ORDERS.

Section 704 of the Defense Production Act of 1950 (50 U.S.C.
App. 2154) is amended to read as follows:
"SEC. 704. REGULATIONS AND ORDERS.

"(a) I N GENERAL.—Subject to section 709 and subsection (b),
the President may prescribe such regulations and issue such orders
as the President may determine to be appropriate to carry out
this Act.
"(b) PROCUREMENT REGULATIONS.—^Any procurement regula-

tion, procedure, or form issued pursuant to subsection (a) shall
be issued pursuant to section 25 of the Office of Federal Procurement Policy Act, and shall conform to any govemmentwide procurement policy or regulation issued pursuant to section 6 or 25 of
that Act.".
SEC 135. INFORMATION ON THE DEFENSE INDUSTRIAL BASE.

Title VII of the Defense Production Act of 1950 (50 U.S.C.
App. 2151 et seq.) is amended by adding at the end the following
new section:
50 u s e app.
2171
President.

"SEC. 722. DEFENSE INDUSTRIAL BASE INFORMATION SYSTEM.
"^^^ ESTABLISHMENT REQUIRED.—

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4213

**(1) I N GENERAL.—^The President, acting through the Secretary of Defense and the heads of such other Federal agencies
as the President may determine to be appropriate, shall provide
for the establishment of an information system on the domestic
defense industrial base which—
"(A) meets the requirements of this section; and
"(B) includes a systematic continuous procedure, to
collect and analyze information necessary to evaluate—
"(i) the adequacy of domestic industrial capacity
to furnish critical components and critical technology
items essential to the national security of the United
States;
"(ii) dependence on foreign sources for critical components and critical technology items essential to
defense production; £uid
"(iii) the reliability of foreign sources for critical
components and critical technology items.
"(2) INCORPORATION OF DINET.—The Defense Information
Network (or DINET), as established and maintained by the
Secretary of Defense on the date of enactment of the Defense
Production Act Amendments of 1992, shall be incorporated
into the system established pursuant to paragraph (1).
"(3) U S E OF INFORMATION.—Information collected and analyzed under the procedure estabUshed pursuant to paragraph
(1) shall constitute a basis for making any determination to
exercise any authority under this Act and a procedure for
using such information shall be integrated into the decisionmeiking process with regard to the exercise of any such authority.
"(b) SOURCES OF INFORMATION.—
"(1) FOREIGN DEPENDENCE.—
"(A) SCOPE OF INFORMATION REVIEW.—^The procedure

established to meet the requirement of subsection
(a)(l)(B)(ii) shall address defense production with respect
to the operations of prime contractors and at least the
first 2 tiers of subcontractors, or at lower tiers if a critical
component is identified at such lower tier.
"(B) U S E OF EXISTING DATA COLLECTION AND REVIEW

CAPABILITIES.—^To the extent feasible and appropriate, the
President shall build upon existing methods of data collection and analysis and shall integrate information available
from intelligence agencies with respect to industried and
technological conditions in foreign countries.
"(C) INITIAL EMPHASIS ON PRIORITY LISTS.—In estabUsh-

ing the procedure referred to in subparagraph (A), the
Secretary may place initial emphasis on the production
of critical components and critical technology items.
"(2) PRODUCTION BASE ANALYSIS.—
"(A) COMPREHENSIVE REVIEW.—The analysis of the production base for any major system acquisition included
in the information system maintsdned pursuant to subsection (a) shall, in addition to any information and analyses the President may require—
"(i) include a review of all subcontractors and suppHers, beginning with any raw material, special alloy,
or composite material involved in the production of
a completed system;

„.

^

106 STAT. 4214

PUBLIC LAW 102-558—OCT. 28, 1992
"(ii) identify each contractor and subcontractor (or
supplier) at each level of production for such major
system acquisition which represents a potential for
dela3dng or preventing the system's production and
acquisition, including the identity of each contractor
or subcontractor whose contract quaHfies as a foreign
source or sole source contract and any supplier which
is a foreign source or sole source for any item required
in the production, including critical components; and
"(iii) include information to permit appropriate
management of accelerated or surge production,
"(B) INITIAL REQUIREMENT FOR STUDY OF PRODUCTION

BASES FOR NOT MORE THAN 6 MAJOR WEAPON SYSTEMS.—
In establishing the information system under subsection
(a), the President, acting through the Secretary of Defense,
shall require an analysis of the production base for not
more than 2 weapons of each military dep£u*tment which
are major systems (as defined in section 2302(5) of title
10, United States Code). Each such analysis shall identify
the critical components of each system.

;:

"(3) CONSULTATION REGARDING THE CENSUS OF MANUFACTURERS.—

"(A) I N GENERAL.—^The Secretary of Commerce, acting
through the Bureau of the Census, shall consult with the
Secretary of Defense and the Director of the Federal Emergency Management Agency to improve the usefulness of
information derived from the Census of Manufacturers in
carrying out this section.
"(B) ISSUES TO BE ADDRESSED.—^The consultation
required under subparagraph (A) shall address improvements in the level of detail, timeliness, and availabiUty
of input and output analyses derived from the Census
of Mginufacturers necessary to carry out this section.
"(c)
TEM.—

Reports.

STRATEGIC PLAN FOR DEVELOPING COMPREHENSIVE SYS-

"(1) PLAN REQUIRED.—^Not later than December 31, 1993,
the President shall provide for the establishment of and report
to the Congress on a strategic plan for developing a costeffective, comprehensive information system capable of identifying on a timely, ongoing basis vulnerability in critical components and critical technology items.
"(2) ASSESSMENT OF CERTAIN PROCEDURES.—In estabhshing
the plan pursuant to paragraph (1), the President shall assess
the performance and cost-effectiveness of procedures implemented under subsection (b), and shall seek to build upon
such procedures, as appropriate.
"(d) CAPABILITIES OF SYSTEM.—

"(1) IN GENERAL.—In connection with the establishment
of the information system under subsection (a), the President
shall direct the Secretary of Defense, the Secretary of Commerce, and the heads of such other Federal agencies as the
President may determine to be appropriate—
"(A) to consult with each other and provide such
information, assistance, and cooperation as may be necessary to establish and maintain the information system
required by this section in a manner which allows the
coordinated and efficient entry of information on the domes-

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4215

tic defense industrial base into, and the withdrawal, subject
to the protection of proprietary data, of information on
the domestic defense industrial base from the system on
an on-Une interactive basis by the Department of Defense;
"(B) to assure access to the information on the system,
as appropriate, for all participating Federal agencies,
includmg each military depari^ment;
"(C) to coordinate standards, definitions, and specifications for information on defense production, which is collected by the Department of Defense and the mihtary
departments so that such information can be used by any
Federal agency or department, as the President determines
to be appropriate; and
**(D) to assure that the information in the system is
updated, as appropriate, with the active assistance of the
private sector.
"(2)

TASK FORCE ON MILITARY-CIVILIAN PARTICIPATION.—

Upon the establishment of the information system under subsection (a), the President shall convene a task force consisting
of the Secretary of Defense, the Secretary of Commerce, the
Secretary of each military department, and the heads of such
other Federal agencies and departments as the President may
determine to be appropriate to establish guidelines and procedures to ensure that all Federal agencies and departments
which acquire information with respect to the domestic defense
industrial base are fully participating in the system, unless
the President determines that all appropriate Federal agencies
and depari^ments, including each military department, are voluntarily providing information which is necessary for the system to carry out the purposes of this Act and chapter 148
of title 10, United States Code.
"(e) REPORT ON SUBCONTRACTOR AND SUPPLIER BASE.—
"(1) REPORT REQUIRED.—^The President shall issue a

report
(in accordance with paragraph (4) which includes—
"(A) a Ust of critical components, technologies, and
technology items for which there is found to be inadequate
domestic industrial capacity or capability; and
"(B) an assessment of those subsectors of the economy
ofthe United States which—
"(i) support production of any component, technology, or technology item hsted pursuant to subparagraph (A); or
"(ii) have been identified as being critical to the
development and production of components required
for the production of weapons, weapon systems, and
other military equipment essential to the national
defense.
"(2) MATTERS TO BE CONSIDERED.—^The assessment made
under paragraph dXB) shall include consideration of—
"(A) the capacity of domestic sources, especisdly commercial firms, to fiilfill peacetime requirements and graduated mobiUzation requirements for various items of supply
and services;
"(B) any trend relating to the capabilities of domestic
sources to meet such peacetime and mobilization requirements;

59-194 O—93

19:QL3(Pt. 5)

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4216

.

"(C) the extent to which the production or acquisition
of various items of miUtary material is dependent on foreign
sources; and
"(D) any reason for the decline of the capabilities of
selected sectors of the United States economy necessary
to meet peacetime and mobilization requirements,
including—
"(i) stability of defense requirements;
"(ii) acquisition policies;
"(iii) vertical integration of various segments of
the industrial base;
"(iv) superiority of foreign technology and production efficiencies;
"(v) foreign government support of nondomestic
sources; and
"(vi) offset arrangements.
"(3) POLICY RECOMMENDATIONS.—^The report required by

paragraph (1) may provide specific policy recommendations to
correct deficiencies identified in the assessment, which would
help to strengthen domestic sources.
"(4) TIME FOR ISSUANCE.—^The report required by paragraph

(1) shall be issued not later than July 1 of each even-numbered
year which begins after 1992.
"(5) RELEASE OF UNCLASSIFIED REPORT.—The report
required by this subsection may be classified. An unclassified
version of the report shall be made available to the public".
SEC. 136. PUBUC PARTICIPATION IN RULEMAKING.

(a) I N GENERAL.—Section 709 of the Defense Production Act
of 1950 (50 U.S.C. 2159) is amended to read as follows:
"SEC 709. P U B L I C PARTICIPATION IN RULEMAKING.
"(a) EXEMPTION FROM THE ADMINISTRATIVE PROCEDURE ACT.—

Any regulation issued under this Act shall not be subject to sections
551 through 559 of title 5, United States Code.
"(b) OPPORTUNITY FOR NOTICE AND COMMENT.—
Federal
Register,
publication.

"(1) I N GENERAL.—Except as provided in subsection (c),
any regulation issued under this Act shall be published in
the Federal Register and opportunity for public comment shall
be provided for not less than 30 days, consistent with the
requirements of section 553(b) of title 5, United States Code.
"(2) WAIVER FOR TEMPORARY PROVISIONS.—^The requirements of paragraph (1) may be waived, if—
(A) the officer authorized to issue the regulation finds
that urgent and compelUng circumstances make compliance
with such requirements impracticable;
"(B) the regulation is issued on a temporary basis;
and
"(C) the pubUcation of such temporary regulation is
accompanied by the finding made under subparagraph (A)
(and a brief statement of the reasons for such finding)
and an opportunity for pubUc comment is provided for
not less than 30 days before any regulation becomes final.
"(3) CONSIDERATION OF PUBLIC COMMENTS.—^All comments

received during the public comment period specified pursuant
to paragraph (1) or (2) shall be consiaered and the publication
of the fin£d regulation shall contain written responses to such
comments.

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4217

"(c) PUBLIC COMMENT ON PROCUREMENT REGULATIONS.—Any

procurement policy, regulation, procedure, or form (including any
amendment or modification of any such policy, regulation, procedure, or form) issued under this Act shall be subject to section
22 of the Office of Federal Procurement PoUcy Act.".
(b) SCOPE OF APPLICATION.—Section 709 of the Defense Produc-

50 u s e app.

tion Act of 1950 (50 U.S.C. App. 2159), as amended by subsection 2159 note.
(a) of this section, shall not apply to any regulation issued in
proposed or final form on or before the date of enactment of this
Act.

PART E—TECHNICAL AMENDMENTS
SEC. 141. TECHNICAL CORRECTION.

Section 301(e)(2)(B) of the Defense Production Act of 1950 (50
U.S.C. App. 2091(e)(2)(B)) is amended by striking "and to the Committees on Banking and Currency of the respective Houses" and
inserting "and to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Banlang, Finance
and Urban Affairs of the House of Representatives".
SEC. 142. INVESTIGATIONS; RECORDS; REPORTS; S U B P O E N A S .

Section 705 of the Defense Production Act of 1950 (50 U.S.C.
App. 2155) is amended—
(1) by striking "subpena" each place such term appears
and inserting "subpoena";
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively;
(3) in subsection (c) (as redesignated by paragraph (2)),
by striking "$1,000" and inserting "$10,000";
(4) in subsection (d) (as redesignated by pgu'agraph (2)),
by striking all after the first sentence; and
(5) in subsection (e) (as redesignated by paragraph (2)),
by striking "subpenaed" and inserting "subpoenaed".
SEC. 143. EMPLOYMENT OF PERSONNEL.
(a) NOTICE OF APPOINTMENT AND FINANCIAL DISCLOSURE FOR
EMPLOYEES SERVING WITHOUT COMPENSATION.—Section 710(b)(6)

of the Defense Production Act of 1950 (50 U.S.C. App. 2160(b)(6))
is amended to read as follows:
"(6) NOTICE AND FINANCIAL DISCLOSURE REQUIREMENTS.—
"(A) PUBLIC NOTICE OF APPOINTMENT.—The head of any

Federal

dep£irtment or agency who appoints any individual under this Register,
subsection shall pubUsh a notice of such appointment in the publication.
Federal Register, including the name of the appointee, the
employing department or agency, the title of the appointee's
position, £uid the name of the appointee's private employer.
"(B) FINANCIAL DISCLOSURE.—Any individual appointed Reports.
under this subsection who is not required to file a financial
disclosure report pursuant to section 101 of the Ethics in Government Act of 1978, shall file a confidential financial disclosure
report pursuant to section 107 of that Act with the appointing
department or agency.".
(b) TECHNICAL AMENDMENTS.—Section 710(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2160(b)) is amended—
(1) in paragraph (7)—

106 STAT. 4218

PUBLIC LAW 102-558—OCT. 28, 1992
(A) by striking "Chairman of the United States Civil
Service Commission" and inserting "Director of the Office
of Personnel Management";
(B) by striking "his findings" and inserting "his or
her findings";
(C) by striking "and the Joint Committee on Defense
Production"; and
(D) by striking "he may" and inserting "he or she
majr"; and
(2) in paragraph (8), by striking "transportation and not
to exceed $15 per diem in lieu of subsistence while away from
their homes or regular places of business pursuant to such
appointment" and inserting "reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions for which they were appointed in the
same manner as persons employed intermittently in the Federal
Grovemment are allowed expenses under section 5703 of title
5, United States Code".

SEC. 144. TECHNICAL CORRECTION.

Section 711(a)(1) of the Defense Production Act of 1950 (50
U.S.C. App. 2161(a)(1)) is amended by striking "Bureau of the
Budget" and inserting "Office of Management and Budget".

PART F—REPEALERS AND CONFORMING
AMENDMENTS
SEC. 151. SYNTHETIC FUEL ACTION.

Section 307 of the Defense Production Act of 1950 (50 U.S.C.
App. 2097) is amended—
(1) in subsection (b), by striking the second sentence; and
(2) by striking subsection (c) and all that follows through
the end of the section.
SEC. 152. REPEAL OF INTEREST PAYMENT PROVISIONS.

Section 711 of the Defense Production Act of 1950 (50 U.S.C.
App. 2161) is amended—
(1) by striking subsection (b); and
(2) in subsection (a)—
(A) by striking "(a)(1) Except as provided in paragraph
(2) and paragraph (4)" and inserting the following:
"(a) AUTHORIZATION.—

"(1) IN GENERAL.— Except as provided in subsection (c),";
(B) in paragraph (1), in the parenthetical, by striking
"and for pajnnent of interest under subsection (b) of this
section";
(C) by striking paragraph (2);
(D) in paragraph (3), by striking "(3) There are" and
inserting the following:
"(b) SECTION 305 AUTHORIZATION.—";and

(E) in paragraph (4)—
(i) by striking "(4)(A) There are" and inserting
the following:
"(c) SECTION 303 AUTHORIZATION.—There are"; and

(ii) by striking subparagraph (B).

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4219

SEC. 153. JOINT COMMITTEE ON DEFENSE PRODUCTION.

Section 712 of the Defense Production Act of 1950 (50 U.S.C.
App. 2162) is repealed.
SEC. 154. PERSONS DISQUALIFIED FOR EMPLOYMENT.

Section 716 of the Defense Production Act of 1950 (50 U.S.C.
App. 2165) is repealed.
SEC. 155. FEASIBILITY STUDY ON UNIFORM
STANDARDS; REPORT SUBMITTED.

COST

ACCOUNTING

Section 718 of the Defense Production Act of 1950 (50 U.S.C.
App. 2167) is repealed.
SEC. 156. NATIONAL COMMISSION ON SUPPLIES AND SHORTAGES.

Section 720 of the Defense Production Act of 1950 (50 U.S.C.
App. 2169) is repealed.

PART G—REAUTHORIZATION OF SELECTED
PROVISIONS
SEC. 161. AUTHORIZATION OF APPROPRIATIONS.

Section 711 of the Defense Production Act of 1950 (50 U.S.C.
App. 2161) (as amended by section 152 of this Act) is amended
by adding at the end the following new subsection:
"(d) TITLE III AUTHORIZATION.—There are

authorized to

be

appropriated for each of fiscal years 1993, 1994, and 1995 not
more than $200,000,000 to carry out the provisions of title III
of this Act".
SEC. 162. EXTENSION OF PROGRAM.

The first sentence of section 717(a) of the Defense Production
Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking "March
1,1992" and inserting "September 30, 1995".
SEC. 163. PRESIDENTIAL STUDY.

Section 721 of the Defense Production Act of 1950 (50 U.S.C.
App. 2170) is amended by adding at the end the following new
subsection:
"(k) QUADRENNIAL REPORT.—

"(1) I N GENERAL.~In order to assist the Congress in its President,
oversight responsibilities with respect to this section, the President and such agencies as the President shall designate shall
complete and furnish to the Congress, not later than 1 year
after the date of enactment of this section and upon the expiration of every 4 years thereafter, a report which—
"(A) evaluates whether there is credible evidence of
a coordinated strategy by 1 or more countries or companies
to acquire United States companies involved in research,
development, or production of critical technologies for which
the United States is a leading producer; and
"(B) evaluates whether there are industrial espionage
activities directed by foreign governments against private
United States companies aimed at obtaining commercial
secrets related to critical technologies.
"(2) DEFINITION.—For the purposes of this subsection, the
term 'critical technologies' means technologies identified under
title VI of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 or other critical tech-

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
Regulations.

SEC. 201. DISCOURAGING UNFAIR TRADE PRACTICES.
(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 puroses 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 tne head of the agency to
which such certificate was fiimished.

E

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 ' ^ a d e 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 u s e app.
2062 note.

SEC. 203. EVALUATION OF DOMESTIC DEFENSE INDUSTRIAL BASE
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

PUBUC LAW 102-558—OCT. 28, 1992

106 STAT. 4221

Defense Industrial Base Policy (hereafter in this section referred
to as the "Commission'*).
(b) DUTIES OF THE COMMISSION.—

(1) IN GENERAL.—^The Conunission shall develop criteria
for maintaining the strength of the domestic defense industrial
base for purposes of supporting the national security strategy
of the United States.
(2) CONSIDERATION OF AGENCY PROCEDURES AND ACTIVI-

TIES.—^In developing criteria under paragraph (1), the Commission shall consider, with respect to eadi Federal agency and
department which has any responsibility for maintaining the
strength of the domestic defense industrial base—
(A) the extent to which the statutory authority, poUcies,
regulations, organizational arrangements, plans, programs,
and budgets of such agency or department are adequate
for the puipose of maintaining the strengtii of the domestic
defense inaustrial base; and
(B) the degree to which such authority, pohcies, regulations, arrangements, plans, programs, and budgets are
being effectively implemented and sufficiently coordinated
(within the agency or department and with other Federal
agencies and departments).
(3)

EVALUATION OF CIVIL-MILITARY INTEGRATION.—The

Commission, in developing criteria under paragraph (1) and
considering agency procedures and activities under paragraph
(2), shall evaluate the feasibility of integrating defense research,
development, production, acquisition, and other relevant contracting activities with similar activities in the commercial
sector, and the degree to which such integration is being implemented by the agency or department.
(c) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The

Commission shall be
composed of 9 members, including—
(A) 3 members appointed by the Speaker of the House
of Representatives (2 of whom shall be appointed upon
the recommendation of the msyority leader of the House
of Representatives and 1 of whom shall be appointed upon
the recommendation of the minority leader of the House
of Representatives) from among individuals who are especially qualified to serve on the Commission by reason of
their education, training, or experience;
(B) 3 members appointed by the President pro tempore
of the Senate (2 of whom shall be appointed upon the
recommendation of the msgority leader of the Senate and
1 of whom shall be appointed upon the recommendation
of the minority leader of the Senate) from among individuals who are especially qualified to serve on the Commission by reason of their education, training, or experience;
and
(C) 3 members appointed by a msgority of the members
appointed under subparagraphs (A) and (B) from among
individuals who are especially quaUfied to serve on tiie
Commission by reason of their education, training, or
experience.
(2) TERMS.—

(A) IN GENERAL.—^Each member shall be appointed
for the life of the Commission.

106 STAT. 4222

PUBLIC LAW 102-558—OCT. 28, 1992
(B) VACANCY.—^A vacancy in the Commission shall be
filled in the same manner in which the original appointment was made.
(3) PROHIBITION ON COMPENSATION.—

(A) I N GENERAL.—^Except as provided in subparagraph
(B), members of the Commission shall serve without pay.
(B) TRAVEL EXPENSES.—^Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accord£uice with sections 5702 and 5703 of title 5, United
States Code.
(4) QUORUM.—^A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold
hearings.
(5) CHAIRPERSON.—^The Chairperson of the Commission
shall be elected by tiie members of tne Commission from among
the individuals appointed under paragraph (1)(C).
(6) MEETINGS.—^The Conmiission shall meet at the call
of the Chairperson or a majority of the members.
(d) POWERS OF COMMISSION.—
(1) HEARINGS AND SESSIONS.—

(A) I N GENERAL.—^The Commission may, for the purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence as the Commission considers appropriate.
(B) ADMINISTRATION OF OATHS.—-The Commission may
administer oaths or affirmations to witnesses appearing
before the Commission.
(2) POWERS OP MEMBERS AND AGENTS.—Any member or
agent of the Conmussion may, if authorized by the Commission,
take any action which the Commission is authorized to take.
(3) OBTAINING OFFICIAL DATA.—
(A) AUTHORITY TO OBTAIN.—^Notwithstanding any pro-

vision of section 552a of title 5, United States Code, the
Commission may secure directly from any department or
agency of the United States information necessary to enable
the Commission to carry out this Act.
(B) PROCEDURE.—^Upon request of the Chairperson of
the Commission, the head of a department or agency
referred to in subparagraph (A) shall furnish the information requested to the Commission.
(C) U S E OF INFORMATION.—The Commission shall be
subject to the same limitations with respect to the use
or disclosure of any confidential or privileged information,
trade secrets, or other proprietary or business-sensitive
information which is obtained from any department or
agency under this subsection as are appucable to the use
or disclosure of such information or secrets by such department or agency.
(4) MAILS.—^llie Commission may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(5) ADMINISTRATIVE SUPPORT SERVICES.—^Upon the request

of the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission
to carry out its responsibilities under this section.
(e) STAFF O F COMMISSION; EXPERTS AND CONSULTANTS.—

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4223

(1) STAFF.—Subject to such regulations as the Commission
may prescribe, and with the approval of the Commission, the
Chairperson may appoint and fix the pay of such personnel
as the Chairperson considers appropriate.
(2) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—^The

stEiflF of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, except that £ui individual so appointed
may not receive pay in excess of the annual rate of basic
pay payable for GS-18 of the Greneral Schedule.
(3) EXPERTS AND CONSULTANTS.—Subject to such regulations as the Commission may prescribe, the Chairperson may
procure temporary and intermittent services imder section
3109(b) of title 5, United States Code, but at rates for individuals not to exceed the annual rate of basic pay payable for
GS-18 of the General Schedule.
(4)

STAFF O F FEDERAL AGENCIES.—Upon request of

the

Chairperson, the head of any Federal department or agency
may detail, on a reimbursable basis, any of the personnel
of that department or agency to the Commission to assist
it in carrying out its duties under this Act.
(f) DOMESTIC DEFENSE INDUSTRIAL BASE DEFINED.—For

the

purposes of this section, the term "domestic defense industrial base"
means—
(1) the industries in the United States and Canada which
at any time axe providing national defense materials and services; and
(2) the industries in the United States and Canada which
reasonably would be expected to provide national defense materials Euid services in a time of emergency or war.
(g) REPORTS.—^The Commission shall submit to the Congress
and the President—
(1) an interim report at the end of the 1-year period beginning on the date the Commission first meets witii a majority
of members present; and
(2) a final report not later than March 1, 1995, on the
findings of the Commission under this section with respect
to the domestic defense industrial base, together with such
recommendations for legislative, administrative, or policy action
as the Commission may determine to be appropriate.
(h) TERMINATION.—^The Commission shall cease to exist 60
days after the date on which the final report is submitted pursuant
to subsection (g)(2).
(i) AUTHORIZATION OF APPROPIUATIONS.—^There is authorized
to be appropriated an amotmt equal to not more than $500,000
to carry out this section, such sums to remain available until
the termination of the Commission.

106 STAT. 4224

PUBLIC LAW 102-558—OCT. 28, 1992

TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. ENERGY SECURITY.

Section 203 of the Geothermal Energy Research, Development,
and Demonstration Act of 1974 (30 U.S.C. 1143) is amended by
striking "1990" and inserting "1993".
SEC. 302. DOMESTIC RETAIL DEPOSIT-TAKING BY FOREIGN BANKS.

12 use 3104
^^^'

(a) IN GENERAL.—Section 6(c) of the International Banking
Act of 1978 (12 U.S.C. 3104(c)) is amended—
(1) in paragraph (1)—
(A) by inserting "domestic retail" before "deposit
accounts"; and
(B) by inserting "and requiring deposit insurance protection," after "$100,000,"; and
(2) in paragraph (2)—
(A) by striking "Deposit" and inserting "Domestic retail
deposit"; and
(B) by inserting "that require deposit insurance protection" after "$100,000".
(b) EFFECTIVE DATE.—^This section, and the amendments made
by this section, shall have the same effective date as the Federal
Deposit Insurance Corporation Improvement Act of 1991.
SEC. 303. DEPOSIT INSURANCE ASSESSMENT RATES FOR LIFELINE
ACCOUNT DEPOSITS.

(a) IN GENERAL.—Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) (as amended by section 302(a)
of the Federal Deposit Insurance Corporation Improvement Act
of 1991) is amended—
(1) in subparagraph (D), by striking the comma after "members"; and
(2) by adding at the end the following new subparagraph:
"(H) BANK ENTERPRISE ACT REQUiREMENT.^The Corporation shall design the risk-based assessment system
so that, insofar as the system bases assessments, directly
or indirectly, on deposits, the portion of the deposits of
any insured depository institution which are attributable
to lifeline accounts established in accordance with the Bank
Enterprise Act of 1991 shall be subject to assessment at
a rate determined in accordance with such Act.".
(b) CONFORMING AMENDMENTS.—

12 use 1817.

12 use 1834a.

(1) Section 232(b)(1) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102-242) is
amended—
(A) by striking "(8), (9), and (10)" and inserting "and
(8)"; and
(B) by striking "(9), (10), and (11)" and inserting "and
(9)".
(2) Section 233(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking "section 235" where such term appears in paragraphs (3) and
(5) and inserting "section 234".
(3) Section 7(d)(5) of the Federal Deposit Insurance Act
(12 U.S.C. 1817(d)(4)) (as added by section 233(c)(1) of the

PUBLIC LAW 102-558—OCT. 28, 1992

106 STAT. 4225

Federal Deposit Insurance Corporation Improvement Act of
1991) is amended by striking "section 235" and inserting "section 234".
(4) Effective on the effective date of the amendment made
by section 302(a) of the Federal Deposit Insurance Corporation
Improvement Act of 1991, section 232(a)(1) of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (12
U.S.C. 1834(a)((l)) is amended by striking "7(b)(10)'' and inserting "7(b)(2)(H)".
(5) Section 10(f) of the Federal Deposit Insurance Act (12
U.S.C. 1820(f)) (as added by section 302(d) of the Federal
Deposit Insurance Corporation Improvement Act of 1991) is
hereby redesignated as subsection (g).
(6) Section 302(e) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102-242, 105
Stat. 2349) is amended—
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by striking paragraph (1) and inserting the following new paragraphs:
"(1) in section 5(d)(3XB)(i)—
"(A) by striking 'average assessment base' and inserting 'deposits'; and
"(B) by striking 'shall—' and all that follows through
the period and inserting 'shall be treated as deposits which
are insured by the Savings Association Insurance Fund.';
"(2) in section 5(d)(3)(B)(ii)—
"(A) by striking 'average assessment base' and inserting 'deposits'; and
"(B) by striking 'shall—' and all that follows through
the period and inserting 'shall be treated as deposits which
are insured by the Bank Insurance Fund.'".
(7) Effective on the effective date of the amendment made
by section 302(a) of the Federal Deposit Insurance Corporation
Improvement Act of 1991, section 7(b) of the Federal Deposit
Insurance Act (12 U.S.C. 1817(c) (as amended by such section
302(a)) is amended—
(A) by adding at the end, the paragraph added to
such section 7(b) (as in effect on the day before the effective
date of such amendment) by section 103(b)(2) of the Federal
Deposit Insurance Corporation Improvement Act of 1991;
and
(B) by redesignating such paragraph as paragraph (6).
(8) Effective on the effective date of the amendment made
by section 302(e)(4) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (as so redesignated by paragraph (6)(A) of this subsection), section 7(b) of the Federal
Deposit Insurance Act (12 U.S.C. 1817(b)) (as amended by
section 302(a) of the Federal Deposit Insurance Corporation
Improvement Act of 1991) is amended by adding after paragraph (6) (as transferred and so redesignated by paragraph
(6) of this subsection) the following new paragraph:
"(7) COMMUNITY ENTERPRISE enEDiTS.—The Corporation
shall allow a credit against any semiannual assessment to
any insured depository institution which satisfies the requirements of the Community Enterprise Assessment Credit Board

Effective date,

12 u s e 1817,
1818.
12 u s e 1815.

Effective date,

Effective date,

106 STAT. 4226

Effective date.

50 u s e app.

"° •
12USC1815

PUBLIC LAW 102-558—OCT. 28, 1992
under section 233(a)(1) of the Bank Enterprise Act of 1991
in the amount determined by such Board by regulation.".
(9) Effective on the effective date of the amendment made
by section 302(e)(4) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (as so redesignated by paragraph (3)(A) of this subsection), section 233 of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (12
U.S.C. 1834a) is amended—
(A) in subsection (a)(1)(A), by striking "7(d)(4)" and
inserting "7(b)(7)";
(B) in subsection (a)(3), by striking "7(d)(4)" and inserting "7(b)(7)"; and
(C) in subsection (e)(2), by striking "made for purposes
of the notification required under section 7(d)(1)(B)" and
inserting "of the semiannual assessment to which such
credit is appUcable".

SEC. 304. EFFECTIVE DATE.

This Act and the amendments made by this Act shall be deemed
to have become effective on March 1, 1992, except as otherwise
specificEilly provided in this Act.
SEC. 305. PROVISIONAL REPEAL OF DUPLICATIVE PROVISIONS.

In the event of the enactment of H.R. 5334 (An Act to amend
and extend certain laws relating to housing and community development, and for other purposes), the following provisions of that
Act, and the amendments made by such provisions, are repealed,
effective on the date of enactment of this Act:
(1) Section 1603(a)(3) of such Act.
(2) Section 1604(a)( 11) of such Act.
(3) Paragraphs (1), (2), and (3) of section 1604(b) of such
Act.
(3) Paragraphs (2) through (7) of section 1605(a) of such
Act.
Approved October 28, 1992.

LEGISLATIVE HISTORY—S. 347 (H.R. 3039):
HOUSE REPORTS: No. 102-208, Pt. 1 (Comm. on Banking, Finance and Urban
Affairs) and Pt. 2 (Comm. on Armed Services), both
accompanying H.R. 3039, and No. 102-1028 (Comm. of
Conference).
CONGRESSIONAL RECORD:
Vol. 137 (1991): Feb. 21, considered and passed Senate.
Oct. 2, H.R. 3039 considered and passed House.
Oct. 10, S. 347 considered and passed House, amended, in lieu of
H.R. 3039.
Vol. 138 (1992): Oct. 5, House agreed to conference report.
Oct. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMEOTS, Vol. 28 (1992):
Oct. 28, Presidential statement.