Title 42The Public Health and WelfareRelease 119-73

§2992b–1 Additional requirements applicable to rulemaking

Title 42 › Chapter CHAPTER 34— - ECONOMIC OPPORTUNITY PROGRAM › Subchapter SUBCHAPTER VIII— - NATIVE AMERICAN PROGRAMS › § 2992b–1

Last updated Apr 6, 2026|Official source

Summary

Applies the normal rulemaking rules in the Administrative Procedure Act to programs that make loans, grants, benefits, or contracts under this subchapter, except where this section changes those rules. It says that interpretive rules and general policy statements proposed under this subchapter, or that apply only to these programs, are treated differently from other rules for parts of the APA’s notice-and-comment process. Other proposed rules (not interpretive or internal procedure rules) must follow the APA’s basic public-notice requirements. Requires every covered rule or policy to show, after each section or paragraph, the specific law that gives the agency the authority. If a new law changes how this subchapter is run, the Secretary must issue needed rules or policies within 180 days unless subsection (c) provides otherwise. When an agency publishes a rule or policy covered by subsection (c), it must send a copy to the Speaker of the House and the President pro tempore of the Senate.

Full Legal Text

Title 42, §2992b–1

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(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;
(c)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;
(d)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)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)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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2992b–1

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73