2010 US Code
Title 50 - WAR AND NATIONAL DEFENSE
TITLE 50 - APPENDIX-WAR AND NATIONAL DEFENSE
DEFENSE PRODUCTION ACT OF 1950
Sec. 2159 - Public participation in rulemaking
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 4, Title 50 - WAR AND NATIONAL DEFENSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 50 - WAR AND NATIONAL DEFENSE TITLE 50 - APPENDIX-WAR AND NATIONAL DEFENSE DEFENSE PRODUCTION ACT OF 1950 ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798 TITLE VII - GENERAL PROVISIONS Sec. 2159 - Public participation in rulemaking |
Contains | section 2159 |
Date | 2010 |
Laws in Effect as of Date | January 7, 2011 |
Positive Law | No |
Disposition | standard |
Source Credit | Sept. 8, 1950, ch. 932, title VII, §709, 64 Stat. 819; Pub. L. 102-558, title I, §136(a), Oct. 28, 1992, 106 Stat. 4216. |
Statutes at Large References | 60 Stat. 237 64 Stat. 798, 819 80 Stat. 632 106 Stat. 4216 124 Stat. 3677 |
Public Law References | Public Law 89-554, Public Law 93-400, Public Law 102-558, Public Law 111-350 |
§2159. Public participation in rulemaking (a) Exemption from Administrative Procedure Act
Any regulation issued under this Act [sections 2061 to 2170, 2171, and 2172 of this Appendix] shall not be subject to sections 551 through 559 of title 5, United States Code.
(b) Opportunity for notice and comment (1) In generalExcept as provided in subsection (c), any regulation issued under this Act [sections 2061 to 2170, 2171, and 2172 of this Appendix] 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 provisionsThe 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 commentsAll 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 regulationsAny procurement policy, regulation, procedure, or form (including any amendment or modification of any such policy, regulation, procedure, or form) issued under this Act [sections 2061 to 2170, 2171, and 2172 of this Appendix] shall be subject to section 22 of the Office of Federal Procurement Policy Act [now 41 U.S.C. 1707].
(Sept. 8, 1950, ch. 932, title VII, §709, 64 Stat. 819; Pub. L. 102–558, title I, §136(a), Oct. 28, 1992, 106 Stat. 4216.)
References in TextThe Administrative Procedure Act, referred to in subsec. (a), was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof principally in subchapter II (§551 et seq.) of chapter 5, and chapter 7 (§701 et seq.), of Title 5, Government Organization and Employees.
Section 22 of the Office of Federal Procurement Policy Act, referred to in subsec. (c), was section 22 of Pub. L. 93–400, which was classified to section 418b of former Title 41, Public Contracts, and was repealed and restated as section 1707 of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.
Amendments1992—Pub. L. 102–558 amended section generally. Prior to amendment, section read as follows: “The functions exercised under this Act 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 Act 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.”
Effective Date of 1992 AmendmentSection 136(b) of Pub. L. 102–558 provided that: “Section 709 of the Defense Production Act of 1950 (50 U.S.C. App. 2159), 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].”
Termination DateTermination of section, see section 2166(a) of this Appendix.
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