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42 U.S.C. § 2992b–1 — Additional requirements applicable to rulemaking

submitted 39 years ago by Pub. L. 88-452 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 573 words · no verdicts yet

in plain englishAI-generated · not legal advice

Section 553 of title 5 generally applies to establishing and operating programs under this subchapter, with special rules for notice, public procedure, effective dates, legal citations, deadlines, and congressional copies. The section provides exceptions and a good-cause exception for certain rules.

(a) In general
Despite section 553(a) of title 5, and except as this section provides, section 553 applies to establishing and generally operating any loan, grant, benefit, or contract program 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) does not apply to an interpretative rule or general statement of policy proposed under this subchapter or applying only to a program, project, or activity authorized by or carried out under it.
(2) Subparagraph (B) of that last sentence does not apply to a rule other than an interpretative rule or general statement of policy proposed under this subchapter or applying only to such a program, project, or activity.
(3) The first two sentences of section 553(b) apply to any other rule proposed under this subchapter or applying only to such a program, project, or activity, unless the Secretary finds for good cause that notice and public procedure would be contrary to the public interest or would impair effective administration. The Secretary must put the finding and a brief statement of reasons in the rule.
(c) Effective date of rule or general statement of policy
Despite section 553(d), a rule, including an interpretative rule, or general statement of policy issued to carry out this subchapter or applying only to a covered program, project, or activity may not take effect until 30 days after the publication required by the first two sentences of section 553(b).
(d) Statutory citation required
Each covered rule and general statement of policy must place after each section, paragraph, or similar unit a citation to the statutory or other legal provision authorizing that unit.
(e) Rule or general statement of policy necessary as result of legislation; time for issuance
Except as subsection (c) provides, if a law affecting administration of this subchapter makes it necessary or appropriate for the Secretary to issue a rule or general statement of policy, the Secretary must issue it within 180 days after enactment.
(f) Copy of rule or general statement of policy to Congressional leaders
When an agency publishes a covered rule or general statement of policy in the Federal Register, it must send a copy to the Speaker of the House and the President pro tempore of the Senate.

the actual law source: uscode.house.gov ↗public domain
(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.

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.)

history & why it existsrecord from the source credit
  • 1987Enacted · Pub. L. 88-452 · 101 Stat. 974

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-452 on 1987-11-29.

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