
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2992b-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
 
                SUBCHAPTER VIII--NATIVE AMERICAN PROGRAMS
 
Sec. 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.

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


                            Prior Provisions

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


                             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.
