§2992b–1. Additional requirements applicable to rulemaking

42 U.S.C. § 2992b–1

(a)

In general— Notwithstanding subsection (a) of section 553 of title 5, and except as otherwise provided in this section, such section 553 shall apply with respect to the establishment and general operation of any program that provides loans, grants, benefits, or contracts authorized by this subchapter.

(b)

Interpretative rule or general statement of policy; waiver of notice and public procedure regarding any other rule—

(1)

Subparagraph (A) of the last sentence of section 553(b) of title 5 shall not apply with respect to any interpretative rule or general statement of policy—

(A)

proposed under this subchapter; or

(B)

applicable exclusively to any program, project, or activity authorized by, or carried out under, this subchapter.

(2)

Subparagraph (B) of the last sentence of section 553(b) of title 5, shall not apply with respect to any rule (other than an interpretative rule or a general statement of policy)—

(A)

proposed under this subchapter; or

(B)

applicable exclusively to any program, project, or activity authorized by, or carried out under, this subchapter.

(3)

The first 2 sentences of section 553(b) of title 5 shall apply with respect to any rule (other than an interpretative rule, a general statement of policy, or a rule of agency organization, procedure, or practice) that is—

(A)

proposed under this subchapter; or

(B)

applicable exclusively to any program, project, or activity authorized by, or carried out under, this subchapter;

unless the Secretary for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in such rule) that notice and public procedure thereon are contrary to the public interest or would impair the effective administration of any program, project, or activity with respect to which such rule is issued.

(c)

Effective date of rule or general statement of policy— Notwithstanding section 553(d) of title 5, no rule (including an interpretative rule) or general statement of policy that—

(1)

is issued to carry out this subchapter; or

(2)

applies exclusively to any program, project, or activity authorized by, or carried out under, this subchapter;

may take effect until 30 days after the publication required under the first 2 sentences of section 553(b) of title 5.

(d)

Statutory citation required— Each rule (including an interpretative rule) and each general statement of policy to which this section applies shall contain after each of its sections, paragraphs, or similar textual units a citation to the particular provision of statutory or other law that is the legal authority for such section, paragraph, or unit.

(e)

Rule or general statement of policy necessary as result of legislation; time for issuance— Except as provided in subsection (c), if as a result of the enactment of any law affecting the administration of this subchapter it is necessary or appropriate for the Secretary to issue any rule (including any interpretative rule) or a general statement of policy, the Secretary shall issue such rule or such general statement of policy not later than 180 days after the date of the enactment of such law.

(f)

Copy of rule or general statement of policy to Congressional leaders— Whenever an agency publishes in the Federal Register a rule (including an interpretative rule) or a general statement of policy to which subsection (c) applies, such agency shall transmit a copy of such rule or such general statement of policy to the Speaker of the House of Representatives and the President pro tempore of the Senate.

Notes, amendments, and revision history

(Pub. L. 88–452, title VIII, § 814, as added Pub. L. 100–175, title V, § 503(a), Nov. 29, 1987, 101 Stat. 974.)

Editorial Notes

Prior Provisions

A prior section 814 of Pub. L. 88–452 was renumbered section 816 and is classified to section 2992d of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1987, see section 701(a) of Pub. L. 100–175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.