; 119 Stat. 4); and (ii) the Federal Rules of Civil Procedure. (D) Preclusive effect The final disposition of any claim brought under subparagraph (A) shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection. (E) Exhaustion and stay of proceedings (i) In general No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 245B(p). (ii) Stay authorized Nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant. . (c) Rulemaking (1) Implementation Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue interim final rules, published in the Federal Register, implementing section 245B of the Immigration and Nationality Act, as added by this Act. (2) Effective date Notwithstanding section 553 of title 5, United States Code, the rules issued under this subsection shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. (3) Final rules Not later than 180 days after the date of publication under paragraph (2), the Secretary shall finalize the interim rules. (d) Rule of construction Section 244(h) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(h) ) may not be construed to limit the authority of the Secretary to adjust the status of an alien under section 245B of the Immigration and Nationality Act, as added by this Act. (e) Eligibility for services Section 504(a)(11) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 ( Public Law 104–134