Sec. 8. Technical and conforming amendments

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Section 1002(g)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142(g)(2) ) is amended, in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . Section 308(c) of the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2437(c) ) is amended, in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . Section 409 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1409 ) is amended, in the first sentence— by striking section 706(2) and inserting section 706(a)(2) ; and by striking section 706(2)(B) and inserting section 706(a)(2)(B) .

Section 9(i) of the Consumer Product Safety Act ( 15 U.S.C. 2058(i) ) is amended, in the first sentence, by striking section 553(e) and inserting section 553(i) . Section 302(b) of the Deep Seabed Hard Mineral Resources Act ( 30 U.S.C. 1462(b) ) is amended, in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . Section 709(b)(1) of the Defense Production Act of 1950 ( 50 U.S.C. 4559(b)(1) ) is amended by striking for not less than 30 days, consistent with the requirements of section 553(b) and inserting in a manner consistent with the requirements of section 553(c) .

Section 4(b)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(3) ) is amended— in subparagraph (A), in the first sentence, by striking section 553(e) and inserting section 553(i) ; and in subparagraph (D)(i), in the first sentence, by striking section 553(e) and inserting section 553(i) . Section 609(a) of the Expedited Funds Availability Act ( 12 U.S.C. 4008(a) ) is amended, in the matter preceding paragraph (1), by striking section 553(c) and inserting section 553 .

Section 6(b)(3) of the Fastener Quality Act ( 15 U.S.C. 5408(b)(3) ) is amended, in the second sentence, by striking section 706(2) and inserting section 706(a)(2) . Section 912(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387l(b) ) is amended, in the second sentence, by striking section 706(2)(A) and inserting section 706(a)(2)(A) . Section 3 of the Federal Hazardous Substances Act ( 15 U.S.C. 1262 ) is amended— in subsection (e)(1), in the first sentence, by striking (other than clause

(B)of the last sentence of subsection

(b)of such section) of title 5 of the United States Code and inserting of title 5, United States Code, other than subsection (g)(3) of such section, ; and in subsection (j), in the first sentence, by striking section 553(e) and inserting section 553(i) . Section 18(e) of the Federal Trade Commission Act ( 15 U.S.C. 57a(e) ) is amended— in paragraph (3), in the second sentence of the matter preceding subparagraph (A), by striking section 706(2) and inserting section 706(a)(2) ; and in paragraph (5)(C), in the second sentence, by striking Section 706(2)(E) and inserting Section 706(a)(2)(E) . The Flammable Fabrics Act ( 15 U.S.C. 1191 et seq.) is amended— in section 4(k) ( 15 U.S.C. 1193(k) ), in the first sentence, by striking section 553(e) and inserting section 553(i) ; and in section 16(c)(2) ( 15 U.S.C. 1203(c)(2) ), by striking section 553(b) and inserting section 553(c) . Section 411 of the General Education Provisions Act ( 20 U.S.C. 1221e–4 ) is amended, in the second sentence, by striking Notwithstanding the exception provided under section 553(b) of title 5, such and inserting Such . Section 108(d) of the High Seas Fishing Compliance Act of 1995 ( 16 U.S.C. 5507(d) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . The Housing and Community Development Act of 1992 ( 12 U.S.C. 4501 et seq.) is amended— in section 643(b)(3) ( 42 U.S.C. 13603(b)(3) ), in the first sentence, by striking (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section) and inserting (notwithstanding subsections (a)(2), (g)(3), and (h)(2) of such section) ; and in section 685 ( 42 U.S.C. 13643 ), in the second sentence, by striking (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section) and inserting (notwithstanding subsections (a)(2), (g)(3), and (h)(2) of such section) . Section 7(f)(2) of the International Banking Act of 1978 ( 12 U.S.C. 3105(f)(2) ) is amended by striking paragraph (2)(F) and inserting subsection (a)(2)(F) . Section 308(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858(b) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . Section 109 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1379 ) is amended— in subsection (c)(4), in the first sentence, by striking section 706(2)

(A)through

(E)of Title and inserting subparagraphs

(A)through

(E)of section 706(a)(2) of title ; and in subsection (d)(2), in the second sentence— by striking Title and inserting title ; and by striking subsection

(d)of such section 553 and inserting subsection

(h)of such section 553 . Section 433 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11387 ) is amended, in the second sentence, by striking (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section) and inserting (notwithstanding subsections (a)(2), (g)(3), and (h)(2) of such section) . The Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.) is amended— in section 103(c) ( 29 U.S.C. 1813(c) ), in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) ; and in section 503(c) ( 29 U.S.C. 1853(c) ), in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . The Milwaukee Railroad Restructuring Act ( 45 U.S.C. 901 et seq.) is amended— in section 5(b)(2) ( 45 U.S.C. 904(b)(2) ), in the second sentence, by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United States Code and inserting subparagraphs (A), (B), (C), and

(D)of section 706(a)(2) of title 5, United States Code ; and in section 17(b)(2) ( 45 U.S.C. 915(b)(2) ), in the second sentence, by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United States Code and inserting subparagraphs (A), (B), (C), and

(D)of section 706(a)(2) of title 5, United States Code . Section 814 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992b–1 ) is amended— in subsection (b)— in paragraph (1), in the matter preceding subparagraph (A), by striking Subparagraph

(A)of the last sentence of section 553(b) of title 5, United States Code, shall not apply with respect to any interpretative rule or general statement of policy and inserting Section 553(c) of title 5, United States Code, shall apply with respect to guidance ; in paragraph (2)— in the matter preceding subparagraph (A), by striking Subparagraph

(B)of the last sentence of section 553(b) and inserting Section 553(g)(3) ; and by striking an interpretative rule or a general statement of policy and inserting guidance ; and in paragraph (3), in the matter preceding subparagraph (A)— by striking The first 2 sentences of section 553(b) and inserting Section 553(c) ; and by striking an interpretative rule, a general statement of policy, and inserting guidance ; in subsection (c)— in the matter preceding paragraph (1)— by striking section 553(d) and inserting section 553(h) ; and by striking an interpretative rule) or general statement of policy and inserting guidance) ; and in the flush text following paragraph (2), by striking the first 2 sentences of section 553(b) and inserting section 553(c) ; in subsection (d), by striking an interpretative rule) and each general statement of policy and inserting guidance) ; in subsection (e)— by striking any interpretative rule) or a general statement of policy and inserting guidance) ; and by striking or such general statement of policy ; in subsection (f)— by striking an interpretative rule) or a general statement of policy and inserting guidance) ; and by striking or such general statement of policy ; and by adding at the end the following: In this section, the term guidance has the meaning given the term in section 551 of title 5, United States Code. . Section 502(b) of the Natural Gas Policy Act of 1978 ( 15 U.S.C. 3412(b) ) is amended, in the third sentence, by striking section 553(d)(3) and inserting section 553(h)(2) . Section 6(c)(2) of the Noise Control Act of 1972 ( 42 U.S.C. 4905(c)(2) ) is amended by striking the first sentence of section 553(c) and inserting section 553(c)(4) . Section 1152(c) of the Northeast Rail Service Act of 1981 ( 45 U.S.C. 1105(c) ) is amended by striking paragraphs

(2)(A), (B), (C), and

(D)of section 706, title 5 and inserting subparagraphs

(A)through

(D)of section 706(a)(2) of title 5 . Section 8(b) of the Northern Pacific Halibut Act of 1982 ( 16 U.S.C. 773f(b) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . The Poison Prevention Packaging Act of 1970 ( 15 U.S.C. 1471 et seq.) is amended— in section 5 ( 15 U.S.C. 1474 )— in subsection (a), in the first sentence, by striking (other than paragraph (3)(B) of the last sentence of subsection

(b)of such section) of title 5 of the United States Code and inserting of title 5, United States Code, other than subsection (g)(3) of such section, ; and in subsection (b)— by striking of the United States Code each place that term appears and inserting , United States Code ; and in paragraph (3), in the first sentence, by striking paragraph

(2)of section 706 and inserting section 706(a)(2) ; and in section 7(c)(2) ( 15 U.S.C. 1476(c)(2) ), by striking section 553(b) and inserting section 553(c) . Section 14(c) of the Poultry Products Inspection Act ( 21 U.S.C. 463(c) ) is amended by striking section 553(c) of title 5, United States Code and inserting section 553(c)(4) of title 5, United States Code, . Section 2723(b)(2)(E)(iii) of the Public Health Service Act ( 42 U.S.C. 300gg–22(b)(2)(E)(iii) ) is amended by striking section 706(2)(E) and inserting section 706(a)(2)(E) . Section 216(c)(3) of the Regional Rail Reorganization Act of 1973 ( 45 U.S.C. 726(c)(3) ) is amended, in the fourth sentence, by striking section 706(2) and inserting section 706(a)(2) . The Social Security Act ( 42 U.S.C. 301 et seq.) is amended— in section 221(j) ( 42 U.S.C. 421(j) ), in the flush text following paragraph (3), by striking in accordance with section 553(b)(A) of title 5, United States Code and all that follows through and statements and inserting in accordance with section 553(g)(2) of title 5, United States Code, of guidance or rules of agency organization, procedure, or practice relating to consultative examinations if such guidance and rules ; and in section 1871(b)(2) ( 42 U.S.C. 1395hh(b)(2) ), by striking subparagraph

(C)and inserting the following: subsection

(c)of section 553 of title 5, United States Code, does not apply pursuant to subsection (g)(3) of such section. . Section 8(b) of the South Pacific Tuna Act of 1988 ( 16 U.S.C. 973f(b) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . Section 777(f)(5) of the Tariff Act of 1930 ( 19 U.S.C. 1677f(f)(5) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . Title 5, United States Code, is amended— in section 556(d), in the sixth sentence, by striking rule making and inserting rulemaking ; in section 557(b), in the fourth sentence of the matter preceding paragraph (1), by striking rule making and inserting rulemaking ; in section 562(11), by striking means and inserting rule making as that term is defined in section 551(5) has the meaning given the term in section 551 ; in section 601(2), by striking section 553(b) and inserting section 553(c) ; in section 1103(b)(1), by striking section 553(b)(1), (2), and

(3)and inserting section 553(c) ; and in section 1105, by striking subsections (b), (c), and

(d)and inserting subsections

(b)through

(h)and

(j). Section 1172(b) of title 11, United States Code, is amended, in the second sentence, by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 and inserting subparagraphs (A), (B), (C), and

(D)of section 706(a)(2) of title 5 . Section 2507(b)(2)(A) of title 14, United States Code, is amended by striking section 706(1) and inserting section 706(a)(1) . Section 3902 of title 28, United States Code, is amended, in the first sentence, by striking section 706(2) and inserting section 706(a)(2) . Section 8503(a)(2) of title 41, United States Code, is amended by striking section 553(b) to

(e)and inserting section 553 . Title 46, United States Code, is amended— in section 14104(b), in the second sentence, by striking shall be considered to be an interpretive regulation for purposes of section 553 of title 5 and inserting shall be subject to section 553 of title 5 ; and in section 70105(c)(3)(B), in the second sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . Section 19(c)(1)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2618(c)(1)(B) ) is amended— in clause (i)— in subclause (I), by striking paragraph (2)(E) and inserting subsection (a)(2)(E) ; and in subclause (II), by striking paragraph (2)(E) and inserting subsection (a)(2)(E) ; and in clause (ii), by striking section 553(c) and inserting section 553(f)(2) . Section 401(a)(2)(A) of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1571(a)(2)(A) ) is amended by striking section 706(1) and inserting section 706(a)(1) . Section 13(d)(2) of the United States Warehouse Act ( 7 U.S.C. 252(d)(2) ) is amended by striking section 706(2) and inserting section 706(a)(2) .

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