50 U.S.C. § 4559 | Public participation in rulemaking

(a)

Exemption from Administrative Procedure Act

Any regulation issued under this chapter shall not be subject to sections 551 through 559 of title 5.

(b)

Opportunity for notice and comment

(1)

In general

section 553(b) of title 5Except as provided in subsection (c), any regulation issued under this chapter 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 .

(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 compelling circumstances make compliance with such requirements impracticable;

(B)

the regulation is issued on a temporary basis; and

(C)

the publication 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 public 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 considered and the publication of the final regulation shall contain written responses to such comments.

(c)

Public comment on procurement regulations

section 1707 of title 41Any procurement policy, regulation, procedure, or form (including any amendment or modification of any such policy, regulation, procedure, or form) issued under this chapter shall be subject to .

Sept. 8, 1950, ch. 932 64 Stat. 819 Pub. L. 102–558, title I, § 136(a)Oct. 28, 1992106 Stat. 4216(, title VII, § 709, ; , , .)

Termination of Section

section 4564(a) of this titleFor termination of section, see .

Editorial Notes

References in Text

act Sept. 8, 1950, ch. 932 64 Stat. 798 section 4501 of this titleThis chapter, referred to in text, was in the original “this Act”, meaning , , known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see and Tables.

Codification

Section was formerly classified to section 2159 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

section 1707 of title 41 Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854In subsec. (c), “” substituted for “section 22 of the Office of Federal Procurement Policy Act” on authority of , , , which Act enacted Title 41, Public Contracts.

Amendments

Pub. L. 102–558 60 Stat. 2371992— amended section generally. Prior to amendment, section read as follows: “The functions exercised under this chapter shall be excluded from the operation of the Administrative Procedure Act () except as to the requirements of section 3 thereof. Any rule, regulation, or order, or amendment thereto, issued under authority of this chapter shall be accompanied by a statement that in the formulation thereof there has been consultation with industry representatives, including trade association representatives, and that consideration has been given to their recommendations, or that special circumstances have rendered such consultation impracticable or contrary to the interest of the national defense, but no such rule, regulation, or order shall be invalid by reason of any subsequent finding by judicial or other authority that such a statement is inaccurate.”

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–558, title I, § 136(b)Oct. 28, 1992106 Stat. 4217

50 U.S.C. 4559Oct. 28, 1992“Section 709 of the Defense Production Act of 1950 (50 U.S.C. App. 2159) [now ], as amended by subsection (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 [].”

, , , provided that: