§ 4559. Public participation in rulemaking

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1950

   the Defense Production Act of 1950

   Pub. L. 81–932 · 64 Stat. 798

   Enacted · 50 U.S.C. § 4559

   Sept. 8, 1950, ch. 932, title VII, § 709, 64 Stat. 819

   Source evidence

   Code source credit
   Sept. 8, 1950, ch. 932, title VII, § 709, 64 Stat. 819

2. 1992

   Defense Production Act Amendments of 1992

   Pub. L. 102–558 title I § 136(a) · 106 Stat. 4198

   Amended · 50 U.S.C. § 4559

   Pub. L. 102–558 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 (60 Stat. 237) 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.”

   Source evidence

   Code amendment note
   Pub. L. 102–558 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 (60 Stat. 237) 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.”

   Enacted provision · exact public law section
   (a) In General.— Section 709 of the Defense Production Act of 1950 (50 U.S.C. 2159) is amended to read as follows: “SEC. 709. PUBLIC 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.— “(1) In 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 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.— 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 Policy Act.”.

   Effective date note
   Pub. L. 102–558, title I, § 136(b), Oct. 28, 1992, 106 Stat. 4217, provided that: “Section 709 of the Defense Production Act of 1950 (50 U.S.C. App. 2159) [now 50 U.S.C. 4559], 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 [Oct. 28, 1992].”

1 of 2 references resolved to an enrolled provision · 1 partial