Sec. 8. 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 ; and 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 person or 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 . 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 inserting 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 to read as follows: The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall establish standards relating to the exception for risk-sharing arrangements to the anti-kickback penalties described in section 1128B(b)(3)(F) of the Social Security Act, as added by subsection (a). In establishing standards relating to the exception for risk-sharing arrangements to the anti-kickback penalties under paragraph (1), the Secretary— shall consult with the Attorney General and representatives of the hospital, physician, other health practitioner, and health plan communities, and other interested parties; and shall take into account— the level of risk appropriate to the size and type of arrangement; the frequency of assessment and distribution of incentives; the level of capital contribution; and the extent to which the risk-sharing arrangement provides incentives to control the cost and quality of health care services. . The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— in section 207— by striking subsection (c); and by redesignating subsection

(d)as subsection (c); in section 422(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), by striking as determined in the negotiated rulemaking process under section 492 ; in section 491(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— 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 rulemaking authority contained in section 553 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). 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; and by striking and all that follows through Establishment .— The Secretary of Health and Human Services and inserting ; Establishment .—The Secretary of Health and Human Services by striking , through a negotiated rulemaking process under subchapter 3 of ; and chapter 5 of title 5, United States Code, by redesignating subparagraphs

(A)and

(B)as paragraphs

(1)and (2), respectively, and adjusting the margins accordingly; 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 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 shall establish and inserting ; and Establishment .—The Secretary shall establish 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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