Technical and conforming amendments
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(a) Alaska national interest lands conservation act 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). (b) Antarctic marine living resources convention act of 1984 The Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2431 et seq.) is amended— (1) in section 307(b)(1) (16 U.S.C. 2436(b)(1)), by striking subsections (b), (c), and (d) and inserting subsections (c) and (g); and (2) in section 308(c), in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E). (c) Atlantic Tunas Convention Act of 1975 Section 6(c)(2)(B) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d(c)(2)(B)) is amended by striking subsections (b) and (c) of section 553 and inserting section 553(c). (d) CARES Act Section 1114 of the CARES Act (15 U.S.C. 9012) is amended by striking section 553(b) and inserting section 553(c). (e) Clean Air Act Section 307(d)(3) of the Clean Air Act (42 U.S.C. 7607(d)(3)) is amended by striking section 553(b) and inserting section 553(c). (f) Congressional accountability act of 1995 The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended— (1) in section 303(b) (2 U.S.C. 1383(b)), in the second sentence, by striking section 553(b) and inserting section 553(c); (2) in section 304 (2 U.S.C. 1384)— (A) in subsection (b)(1), by striking section 553(b) and inserting section 553(c); (B) in subsection (d)(3), by striking section 553(d)(3) and inserting section 553(g)(2); and (C) in subsection (e), by striking section 553(b)(B) and inserting section 553(f); and (3) in section 409 (2 U.S.C. 1409), in the first sentence— (A) by striking section 706(2) and inserting section 706(a)(2); and (B) by striking section 706(2)(B) and inserting section 706(a)(2)(B). (g) Consumer product safety act 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(h). (h) Deep seabed hard mineral resources act 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). (i) Defense production act of 1950 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). (j) Endangered species act of 1973 Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended— (1) in subparagraph (A), in the first sentence, by striking section 553(e) and inserting section 553(h); and (2) in subparagraph (D)(i), in the first sentence, by striking section 553(e) and inserting section 553(h). (k) Energy Policy Act of 1992 Section 106(e) of the Energy Policy Act of 1992 (42 U.S.C. 12712 note) is amended by striking (b)(B), and (d)(3) and inserting (f)(3), and (g)(2). (l) Expedited funds availability act 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. (m) Family and Medical Leave Act of 1993 Section 110(a)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2620(a)(3)) is amended, in the matter preceding subparagraph (A), by striking sections 553(b)(B) and section 553(d)(3) and inserting subsections (f)(3) and (g)(2) of section 553. (n) Fastener quality act 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). (o) Federal food, drug, and cosmetic act 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). (p) Federal hazardous substances act Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended— (1) in subsection (e)— (A) in paragraph (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 (f)(3) of such section,; and (B) in paragraph (3)(C), by striking paragraph (2) of section 706 and inserting section 706(a)(2); and (2) in subsection (j), in the first sentence, by striking section 553(e) and inserting section 553(h). (q) Federal trade commission act Section 18(e) of the Federal Trade Commission Act (15 U.S.C. 57a(e)) is amended— (1) 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 (2) in paragraph (5)(C), in the second sentence, by striking Section 706(2)(E) and inserting Section 706(a)(2)(E). (r) Flammable fabrics act The Flammable Fabrics Act (15 U.S.C. 1191 et seq.) is amended— (1) in section 4(k) (15 U.S.C. 1193(k)), in the first sentence, by striking section 553(e) and inserting section 553(h); and (2) in section 16(c)(2) (f 15 U.S.C. 1203(c)(2)), by striking section 553(b) and inserting section 553(c). (s) General education provisions act 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. (t) High seas fishing compliance act of 1995 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). (u) Higher Education Act of 1965 Section 492(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1098a(b)(2)) is amended by striking section 553(b)(3)(B) and inserting section 553(f)(3). (v) Housing and community development act of 1992 The Housing and Community Development Act of 1992 (12 U.S.C. 4501 et seq.) is amended— (1) 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), (f)(3), and (g)(2) of such section); and (2) 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), (f)(3), and (g)(2) of such section). (w) Intercountry Adoption Act of 2000 The Intercounty Adoption Act of 2000 (42 U.S.C. 14901 et seq.) is amended— (1) in section 203(a)(3) (42 U.S.C. 14923(a)(3)), by striking Subsections (b), (c), and (d) of section and inserting Section 553; and (2) in section 401(a)(2) (42 U.S.C. 14941(a)(2)), by striking Subsections (b), (c), and (d) of section and inserting Section 553. (x) International banking act of 1978 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). (y) Magnuson-Stevens fishery conservation and management act 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). (z) Marine mammal protection act of 1972 Section 109 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1379) is amended— (1) 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 (2) in subsection (d)(2), in the second sentence— (A) by striking Title and inserting title; and (B) by striking subsection (d) of such section 553 and inserting subsection (g) of such section 553. (aa) McKinney-Vento homeless assistance act 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), (f)(3), and (g)(2) of such section). (bb) Migrant and seasonal agricultural worker protection act The Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.) is amended— (1) 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 (2) 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). (cc) Milwaukee railroad restructuring act The Milwaukee Railroad Restructuring Act (45 U.S.C. 901 et seq.) is amended— (1) 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 (2) in section 17(45 U.S.C. 915), by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United States Code each place it appears and inserting subparagraphs (A), (B), (C), and (D) of section 706(a)(2) of title 5, United States Code. (dd) Native american programs act of 1974 Section 814 of the Native American Programs Act of 1974 (42 U.S.C. 2992b–1) is amended— (1) in subsection (b)— (A) 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; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Subparagraph (B) of the last sentence of section 553(b) and inserting Section 553(f)(3); and (ii) by striking an interpretative rule or a general statement of policy and inserting guidance; and (C) in paragraph (3), in the matter preceding subparagraph (A)— (i) by striking The first 2 sentences of section 553(b) and inserting Section 553(c); and (ii) by striking an interpretative rule, a general statement of policy, and inserting guidance; (2) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking section 553(d) and inserting section 553(g); and (ii) by striking an interpretative rule) or general statement of policy and inserting guidance); and (B) in the flush text following paragraph (2), by striking the first 2 sentences of section 553(b) and inserting section 553(c); (3) in subsection (d), by striking an interpretative rule) and each general statement of policy and inserting guidance); (4) in subsection (e)— (A) by striking any interpretative rule) or a general statement of policy and inserting guidance); and (B) by striking or such general statement of policy; (5) in subsection (f)— (A) by striking an interpretative rule) or a general statement of policy and inserting guidance); and (B) by striking or such general statement of policy; and (6) by adding at the end the following: (g) In this section, the term guidance has the meaning given the term in section 551 of title 5, United States Code.. (ee) Natural gas policy act of 1978 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(g)(2). (ff) Noise control act of 1972 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). (gg) Northeast rail service act of 1981 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. (hh) Northern pacific halibut act of 1982 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). (ii) Ocean Thermal Energy Conversion Act of 1980 Section 302(c)(2) of the Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9152(c)(2)) is amended by striking section 706(2) and inserting section 706(a)(2). (jj) Poison prevention packaging act of 1970 The Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.) is amended— (1) in section 5 (15 U.S.C. 1474)— (A) 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 (f)(3) of such section,; and (B) in subsection (b)— (i) by striking of the United States Code each place that term appears and inserting, United States Code; and (ii) in paragraph (3), in the first sentence, by striking paragraph (2) of section 706 and inserting section 706(a)(2); and (2) in section 7(c)(2) (15 U.S.C. 1476(c)(2)), by striking section 553(b) and inserting section 553(c). (kk) Poultry products inspection act 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,. (ll) Public health service act 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). (mm) Railway Labor Act Section 10A(b) of the Railway Labor Act (45 U.S.C. 160a(b)) is amended by striking the third sentence of section 553(b) and inserting paragraph (2) or (3) of section 553(f). (nn) Regional rail reorganization act of 1973 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). (oo) Rehabilitation Act of 1973 Section 107(d)(3)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 727(d)(3)(B)) is amended by striking section 706 and inserting section 706(a). (pp) Reorganization Plan No. 1 of 1980 Section 1(a)(2) of the Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. App.) is amended by striking section 553(a)(2) and (b) and inserting subsections (a)(2) and (c) of section 553. (qq) Rural Development Act of 1972 Section 608(a) of the Rural Development Act of 1972 (7 U.S.C. 2204b–2) is amended by striking section 553(b)(3)(B) and inserting section 553(f)(3). (rr) Social security act The Social Security Act (42 U.S.C. 301 et seq.) is amended— (1) 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(f)(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; (2) in section 410(c)(2) (42 U.S.C. 610(c)(2)), by striking section 706(2) and inserting section 706(a)(2); and (3) in section 1871(b)(2) (42 U.S.C. 1395hh(b)(2)), by striking subparagraph (C) and inserting the following: (C) subsection (c) of section 553 of title 5, United States Code, does not apply pursuant to subsection (f)(3) of such section.. (ss) South pacific tuna act of 1988 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). (tt) Tariff act of 1930 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). (uu) Title 5, united states code Title 5, United States Code, is amended— (1) in section 552a— (A) in subsection (j)— (i) in the matter preceding paragraph (1), by striking sections 553(b)(1), (2), and (3), (c), and (e) and inserting clauses (i), (ii), and (iii) of section 553(c)(1)(C), section 553(c)(4), and section 553(h); and (ii) in the matter following paragraph (2), by striking section 553(c) and inserting section 553(c)(4); and (B) in subsection (k)— (i) in the matter preceding paragraph (1), by striking sections 553(b)(1), (2), and (3), (c), and (e) and inserting clauses (i), (ii), and (iii) of section 553(c)(1)(C), section 553(c)(4), and section 553(h); and (ii) in the matter following paragraph (7), by striking section 553(c) and inserting section 553(c)(4); (2) in section 556(d), in the sixth sentence, by striking rule making and inserting rulemaking; (3) in section 557(b), in the fourth sentence of the matter preceding paragraph (1), by striking rule making and inserting rulemaking; (4) in section 562(11), by striking means rule making as that term is defined in section 551(5) and inserting has the meaning given the term in section 551; (5) in section 601(2), by striking section 553(b) and inserting section 553(c); (6) in section 1103(b)(1), by striking section 553(b)(1), (2), and (3) and inserting section 553(c); and (7) in section 1105, by striking subsections (b), (c), and (d) and inserting subsections (b) through (g) and (i). (vv) Title 11, united states code 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. (ww) Title 14, united states code Section 2507(b)(2)(A) of title 14, United States Code, is amended by striking section 706(1) and inserting section 706(a)(1). (xx) Title 28, united states code 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). (yy) Title 41, united states code Section 8503(a)(2) of title 41, United States Code, is amended by striking section 553(b) to (e) and inserting section 553. (zz) Title 46, united states code Title 46, United States Code, is amended— (1) 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 (2) in section 70105(c)(3)(B), in the second sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E). (aaa) Title 49, United States Code Section 60102(b)(6)(C) of title 49, United States Code, is amended by striking section 553(b)(3)(B) and inserting section 553(f)(3). (bbb) Toxic substances control act Section 19(c)(1)(B) of the Toxic Substances Control Act (15 U.S.C. 2618(c)(1)(B)) is amended— (1) in clause (i)— (A) in subclause (I), by striking paragraph (2)(E) and inserting subsection (a)(2)(E); and (B) in subclause (II), by striking paragraph (2)(E) and inserting subsection (a)(2)(E); and (2) in clause (ii), by striking section 553(c) and inserting section 553(e)(2). (ccc) Unfunded mandates reform act of 1995 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). (ddd) United States Housing Act of 1937 Section 31(d) of the United States Housing Act of 1937 (42 U.S.C. 1437z–3(d)) is amended by striking (b)(B), and (d)(3) and inserting (f)(3), and (g)(2). (eee) United states warehouse act 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).