106 STAT. 4216 PUBLIC LAW 102-558—OCT. 28, 1992

"(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 produc-
tion 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.—

Federal "(1) IN GENERAL.—Except as provided in subsection (c)t

Regj?tef? any regulation issued under this Act shall be published in

publication. ^ Fe(jgrai 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 require-
ments 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.