---
kind: "section"
citation: "42 U.S.C. § 2992b–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2992b–1"
heading: "Additional requirements applicable to rulemaking"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2992b-1"
units:
  - "Chapter 34 — Economic Opportunity Program"
  - "Subchapter VIII — Native American Programs"
---

# §2992b–1. Additional requirements applicable to rulemaking

- (a) **In general—** Notwithstanding subsection (a) of [section 553 of title 5](/usc/5/553.md), and except as otherwise provided in this section, such [section 553](/usc/5/553.md) 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)](#b-1-A) of the last sentence of [section 553(b) of title 5](/usc/5/553.md?p=b) 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](/usc/42/13641.md?p=2), or activity authorized by, or carried out under, this subchapter.
  - (2) [Subparagraph (B)](#b-2-B) of the last sentence of [section 553(b) of title 5](/usc/5/553.md?p=b), 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](/usc/42/13641.md?p=2), or activity authorized by, or carried out under, this subchapter.
  - (3) The first 2 sentences of [section 553(b) of title 5](/usc/5/553.md?p=b) shall apply with respect to any rule (other than an interpretative rule, a general statement of policy, or a rule of [agency](/usc/42/8262.md?p=1) organization, procedure, or practice) that is—
    - (A) proposed under this subchapter; or
    - (B) applicable exclusively to any program, [project](/usc/42/13641.md?p=2), or activity authorized by, or carried out under, this subchapter;

    unless the [Secretary](/usc/42/2992c.md?p=6) 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](/usc/42/13641.md?p=2), 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](/usc/5/553.md?p=d), 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](/usc/42/13641.md?p=2), 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](/usc/5/553.md?p=b).

- (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)](#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](/usc/42/2992c.md?p=6) to issue any rule (including any interpretative rule) or a general statement of policy, the [Secretary](/usc/42/2992c.md?p=6) 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](/usc/42/8262.md?p=1) publishes in the Federal Register a rule (including an interpretative rule) or a general statement of policy to which [subsection (c)](#c) applies, such [agency](/usc/42/8262.md?p=1) 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.

## Source credit

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

## Notes

### 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.