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

Page 1139 TITLE 50—WAR AND NATIONAL DEFENSE § 4560 Functions conferred upon President under this sec- tion necessary to effect changes in composition of, or to take other action respecting voluntary agreements and programs relating to, small business production pools approved prior to July 31, 1953, delegated to Ad- ministrator of Small Business Administration by Ex. Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, set out as a note under section 640 of Title 15, Commerce and Trade. Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of En- ergy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15. For delegation of authority of President under sub- secs. (c) and (d) of this section, see sections 401 and 402 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16656, set out as a note under section 4553 of this title. § 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 Except as provided in subsection (c), any regulation issued under this chapter shall be published in the Federal Register and oppor- tunity for public comment shall be provided for not less than 30 days, consistent with the requirements of section 553(b) of title 5. (2) Waiver for temporary provisions The requirements of paragraph (1) may be waived, if— (A) the officer authorized to issue the reg- ulation finds that urgent and compelling cir- cumstances make compliance with such re- quirements impracticable; (B) the regulation is issued on a temporary basis; and (C) the publication of such temporary reg- ulation is accompanied by the finding made under subparagraph (A) (and a brief state- ment of the reasons for such finding) and an opportunity for public comment is provided for not less than 30 days before any regula- tion becomes final. (3) Consideration of public comments All comments received during the public comment period specified pursuant to para- graph (1) or (2) shall be considered and the publication of the final regulation shall con- tain written responses to such comments. (c) Public comment on procurement regulations Any procurement policy, regulation, proce- dure, or form (including any amendment or modification of any such policy, regulation, pro- cedure, or form) issued under this chapter shall be subject to section 1707 of title 41. (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.) TERMINATION OF SECTION For 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 reclassi- fication 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 Con- tracts. 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 accom- panied by a statement that in the formulation thereof there has been consultation with industry representa- tives, including trade association representatives, and that consideration has been given to their rec- ommendations, or that special circumstances have ren- dered 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 Produc- tion 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].’’ § 4560. Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; print- ing and distribution of reports (a) Repealed. June 28, 1955, ch. 189, § 12(c)(1), 69 Stat. 180 (b) Presidential appointments (1) The President is further authorized, to the extent he deems it necessary and appropriate in order to carry out the provisions of this chapter and subject to such regulations as he may issue, to employ persons of outstanding experience and ability without compensation; (2) The President shall be guided in the exer- cise of the authority provided in this subsection by the following policies: (i) So far as possible, operations under this chapter shall be carried on by full-time, sala- ried employees of the Government, and ap- pointments under this authority shall be to advisory or consultative positions only. (ii) Appointments to positions other than advisory or consultative may be made under this authority only when the requirements of