Sec. 305. Negotiated rulemaking

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Subchapter III of chapter 5 of title 5, United States Code, is amended— in section 561, in the first sentence, by inserting between agencies and Federal, State, local, or Tribal governments. This subchapter shall apply only to information negotiations between Federal, State, local, or Tribal governments after informal rulemaking process ; in section 563— in subsection (a)— in paragraph (2), by inserting Federal, State, local, or Tribal government after identifiable ; and in paragraph (3), by striking persons who and inserting representatives of Federal, State, local, and Tribal governments that ; in subsection (b)— in paragraph (1)— in subparagraph (A)— by striking persons who and inserting Federal, State, local, or Tribal governments that ; and by striking , including residents of rural areas ; and in subparagraph (B)— by striking with such persons and inserting with representatives of those governments ; and by striking to such persons and inserting to those governments ; and in paragraph (2), in the second sentence— by striking persons who and inserting representatives of Federal, State, local, or Tribal governments that ; and by striking , including residents of rural areas ; in section 564— in the section heading, by striking ; ; applications for membership on committees in subsection (a)— in paragraph (4), by striking the persons and inserting the representatives of Federal, State, local, and Tribal governments ; in paragraph (6), by adding and at the end; in paragraph (7), by striking ; and and inserting a period; and by striking paragraph (8); by striking subsection (b); by redesignating subsection

(c)as subsection (b); and in subsection (b), as so redesignated— in the subsection heading, by striking ; and and applications by striking and applications ; in section 565(a)— in paragraph (1), in the first sentence, by striking and applications ; and in paragraph (2)— by striking and applications ; and by striking publications, and all that follows through the period at the end and inserting publications. ; and in section 569(a), in the first sentence— by striking and encourage agency use of ; and by inserting between Federal, State, local, and Tribal governments after negotiated rulemaking . Section 4554(b)(1) of the Balanced Budget Act of 1997 ( 42 U.S.C. 1395u note) is amended by striking , using a negotiated rulemaking process under subchapter III of . chapter 5 of title 5, United States Code The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended— in section 1601 ( 20 U.S.C. 6571 )— in subsection (a), by striking subsections

(b)through

(d)and insert subsection

(b); by striking subsections

(b)and (c); and by redesignating subsections

(d)and

(e)as subsections

(b)and (c), respectively; by repealing section 1602 ( 20 U.S.C. 6572 ); and in section 8204(c)(1) ( 20 U.S.C. 7824(c)(1) ), by striking using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define and inserting shall, for implementation no later than the 2017–2018 academic year, define . Section 216(b) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320a–7b note) is amended— in the subsection heading, by striking ; Negotiated by striking

(1)and all that follows through Establishment .— chapter 5 of title 5, United States Code, standards and inserting the following: The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall establish standards ; by striking paragraphs

(2)through (9); by redesignating subparagraph

(B)of paragraph

(1)as paragraph

(2)and adjusting the margins accordingly; and in paragraph (2), as so redesignated, by striking subparagraph

(A)and inserting paragraph

(1). The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— in section 207 ( 20 U.S.C. 1022f )— by striking subsection (c); and by redesignating subsection

(d)as subsection (c); in section 422(g)(1) ( 20 U.S.C. 1072(g)(1) )— in subparagraph (B), by adding and at the end; in subparagraph (C), by striking ; and and inserting a period; and by striking subparagraph (D); in section 487A(b)(3)(B) ( 20 U.S.C. 1094a(b)(3)(B) ), by striking in the negotiated rulemaking process ; in section 491(l)(4)(A) ( 20 U.S.C. 1098(l)(4)(A) ), by striking , not later than two years after the completion of the negotiated rulemaking process required under section 492 resulting from the amendments to this Act made by the Higher Education Opportunity Act, ; and in section 492 ( 20 U.S.C. 1098a )— in the section heading, by striking ; and negotiated by amending subsection

(b)to read as follows: After obtaining the advice and recommendations described in subsection (a)(1), the Secretary shall issue final regulations within the 360-day period described in section 437(e) of the General Education Provisions Act ( 20 U.S.C. 1232(e) ). . Section 515(r)(3) of the Housing Act of 1949 ( 42 U.S.C. 1485(r)(3) ) is amended by striking in accordance with and all that follows through the period at the end and inserting under the rule making authority contained in section 557 of title 5, United States Code. . Section 305(g) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1855(g) ) is amended— by striking paragraphs

(2)and (3); in paragraph (1)— by striking

(A); and by redesignating subparagraph

(B)as paragraph

(2)and adjusting the margins accordingly; and in paragraph (2), as so redesignated, by striking the second sentence. Section 2(b) of the Mandatory Price Reporting Act of 2010 ( Public Law 111–239 ; 124 Stat. 2501) is amended— by striking and all that follows through Wholesale pork cuts Chapter 3 and inserting ; and Wholesale pork cuts .—Chapter 3 by striking paragraphs (2), (3), and

(4)( 7 U.S.C. 1635k note). Section 5602 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 254b note) is amended— in the section heading, by striking ; Negotiated by striking subsections

(b)through (h); in subsection (a)— by redesignating paragraph

(2)as subsection

(b)and adjusting the margins accordingly; by striking and all that follows through Establishment The Secretary of Health and Human Services (in this section referred to as the and inserting Secretary ) shall establish, through a negotiated rulemaking process under subchapter 3 of chapter 5 of title 5, United States Code, ; Establishment .—The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish by redesignating subparagraphs

(A)and

(B)as paragraphs

(1)and (2), respectively, and adjusting the margins accordingly; and in paragraph (1), as so redesignated, by adding and at the end; and in subsection (b), as so redesignated, by striking paragraph

(1)and inserting subsection

(a). Section 19 of the Price-Anderson Amendments Act of 1988 ( 42 U.S.C. 2210 note) is amended— by striking subsection (b); and in subsection (a)— by striking and all that follows through Rulemaking The Nuclear and inserting ; and Rulemaking Proceeding .—The Nuclear by redesignating paragraph

(2)as subsection

(b)and adjusting the margins accordingly. Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) is amended— in section 1834(l)(1) ( 42 U.S.C. 1395m(l)(1) ), by striking through a negotiated rulemaking process described in title 5, United States Code, and ; and in section 1856(a) ( 42 U.S.C. 1395w–26(a) )— by striking paragraphs

(2)through (9); in paragraph (1)— by striking and all that follows through Establishment The Secretary and inserting ; Establishment .—The Secretary by striking and using a negotiated rulemaking process under subchapter III of ; and chapter 5 of title 5, United States Code by redesignating subparagraphs

(B)and

(C)as paragraphs

(2)and (3), respectively, and adjusting the margins accordingly; and in paragraph (2), as so redesignated— by striking subparagraph

(A)and inserting paragraph

(1); and by redesignating clauses (i), (ii), and

(iii)as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly. The table of sections for subchapter III of chapter 5 of title 5, United States Code, is amended by striking the item relating to section 564 and inserting the following: 564. Publication of notice. . Section 31136(g)(1) of title 49, United States Code, is amended— by striking shall— and all that follows through issue and inserting shall issue ; by striking ; or and inserting a period; and by striking subparagraph (B). Section 8(a) of the Toxic Substances Control Act ( 15 U.S.C. 2607(a) ) is amended— by striking paragraph (6); and by redesignating paragraph

(7)as paragraph (6). Section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ) is amended by repealing subsection (f).

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