§4559 — Title 50 War and National Defense | U.S. Code

Summary

Regulations made under this chapter do not have to follow sections 551–559 of Title 5. They must be published in the Federal Register and the public must get at least 30 days to comment, as required by section 553(b) of Title 5, unless subsection (c) applies. If the official who issues the rule finds urgent and compelling reasons, a temporary rule can be issued without the initial comment step. That temporary rule must include the official’s finding and a short explanation, and the public must still get at least 30 days to comment before the rule becomes final. All comments must be considered, and the final rule must include written answers to them. Any procurement policy, procedure, or form under this chapter must follow section 1707 of Title 41.

Title 50, §4559

War and National Defense — Source: USLM XML via OLRC

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

(b)(1)Except 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 section 553(b) of title 5.

(2)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)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)Any 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 section 1707 of title 41.

Notes & Related Subsidiaries

Termination of SectionFor termination of section, see section 4564(a) of this title.

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, 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 section 4501 of this title 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. In subsec. (c), “section 1707 of title 41” substituted for “section 22 of the Office of Federal Procurement Policy Act” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

1992—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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 Amendment 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].”

§4559 Public participation in rulemaking