42 U.S.C. § 2992b-1 : US Code - Section 2992B-1: Additional requirements applicable to rulemaking

Search 42 U.S.C. § 2992b-1 : US Code - Section 2992B-1: Additional requirements applicable to rulemaking

(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) of this section, 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) of this section 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.
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