Page:United States Statutes at Large Volume 98 Part 3.djvu/218

 98 STAT. 2590

PUBLIC LAW 98-525—OCT. 19, 1984 PUBLICATION OF PROPOSED REGULATIONS

SEC. 1212. (a) Chapter 137 of title 10, United States Code, is amended by inserting after section 2303 the following new section: Effective date. Federal Register, publication. Post, p. 3077. 10 USC 2303a.

Effective date. 10 USC 2303a note.

"(a) Except as provided in subsection (d), a procurement policy, regulation, procedure, or form (including amendments or modification thereto) that (1) has a significant effect beyond the internal operating procedures of the agency issuing the procurement policy, regulation, procedure, or form, or (2) has a significant cost or administrative impact on contractors or offerors may not take effect until 30 days after the procurement policy, regulation, procedure, or form is published for public comment in the Federal Register pursuant to subsection (b). "Ob) Subject to subsection (c), the head of the agency shall cause to be published in the Federal Register a notice of the proposed procurement policy, regulation, procedure, or form and provide for a public comment period for receiving and considering the views of all interested parties on such proposal. The length of such comment period may not be less than 30 days. "(c) Any notice of a proposed procurement policy, regulation, procedure, or form prepared for publication in the Federal Register shall include— "(1) in a format required for publication in the Federal Register, the text of the proposal or, if it is impracticable to publish the full text of the proposal, a summary of the proposal and a statement specifying the nemie and address of the officer or employee of the executive agency from whom the full text may be obtained; and "(2) a request for interested parties to submit comments on the proposal and shall include the name and address of the officer or employee of the Government designated to receive such comments. "(d)(1) The requirements of subsections (a) and (b) may be waived by the officer of the agency authorized to issue a procurement policy, regulation, procedure, or form if circumstances make compliance with such requirements impracticable. "(2) A procurement policy, regulation, procedure, or form with respect to which the requirements of subsections (a) and (b) are waived under paragraph (1) shall be effective on a temporary basis if— "(A) a notice of such procurement policy, regulation, procedure, or form is published in the Federal Register and includes a statement that the procurement policy, regulation, procedure, or form is temporary; and "(B) provision is made for a public comment period of 30 days beginning on the date on which the notice is published. After considering the comments received, the head of the agency waiving the requirements of subsections (a) and (b) under paragraph (1) may issue the final procurement policy, regulation, procedure, or form.". (b) The amendment made by subsection (a) shall take effect with respect to procurement policies, regulations, procedures, or forms first proposed to be issued by an agency on or after the date which is 30 days after the date of enactment of this Act.
 * '§ 2303a. Publication of proposed regulations

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