106 STAT. 4216 PUBLIC LAW 102-558—OCT. 28, 1992 Federal Register, publication. "(C) the extent to which the production or acquisition of various items of military material is dependent on foreign sources; and "(D) any reason for the decline of the capabilities of selected sectors of the United States economy necessary to meet peacetime and mobilization requirements, including— "(i) stability of defense requirements; " (ii) acquisition policies; "(iii) vertical integration of various segments of the industrial base; "(iv) superiority of foreign technology and production efficiencies; "(v) foreign government support of nondomestic . sources; and "(vi) offset arrangements. "(3) POLICY RECOMMENDATIONS.— The report required by paragraph (1) may provide specific policy recommendations to correct deficiencies identified in the assessment, which would help to strengthen domestic sources. "(4) TIME FOR ISSUANCE.— The report required by paragraph (1) shall be issued not later than July 1 of each even-numbered year which begins after 1992. "(5) RELEASE OF UNCLASSIFIED REPORT.— The report required by this subsection may be classified. An unclassified version of the report shall be made available to the public". SEC. 136. PUBLIC PARTICIPATION IN RULEMAKING. (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 compelUng 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 consiaered and the publication of the fin£d regulation shall contain written responses to such comments.
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