Negotiated rulemaking

(a) In general Subchapter III of chapter 5 of title 5, United States Code, is amended— (1) in section 561, in the first sentence, by inserting between agencies and Federal, State, local, or Tribal governments. This subchapter shall apply only to informal negotiations between Federal, State, local, or Tribal governments after informal rulemaking process; (2) in section 563— (A) in subsection (a)— (i) in paragraph (2), by inserting Federal, State, local, or Tribal government after identifiable; and (ii) in paragraph (3), by striking persons who and inserting representatives of Federal, State, local, and Tribal governments that; and (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) by striking persons who and inserting Federal, State, local, or Tribal governments that; and (bb) by striking, including residents of rural areas; and (II) in subparagraph (B)— (aa) by striking with such persons and inserting with representatives of those governments; and (bb) by striking to such persons and inserting to those governments; and (ii) in paragraph (2), in the second sentence— (I) by striking persons who and inserting representatives of Federal, State, local, or Tribal governments that; and (II) by striking, including residents of rural areas; (3) in section 564— (A) in the section heading, by striking; applications for membership on committees; (B) in subsection (a)— (i) in paragraph (4), by striking the persons and inserting the representatives of Federal, State, local, and Tribal governments; (ii) in paragraph (6), by adding and at the end; (iii) in paragraph (7), by striking; and and inserting a period; and (iv) by striking paragraph (8); (C) by striking subsection (b); (D) by redesignating subsection (c) as subsection (b); and (E) in subsection (b), as so redesignated— (i) in the subsection heading, by striking and applications; and (ii) by striking and applications; (4) in section 565(a)— (A) in paragraph (1), in the first sentence, by striking and applications; and (B) in paragraph (2)— (i) by striking and applications; and (ii) by striking publications, and all that follows through the period at the end and inserting publications.; and (5) in section 569(a), in the first sentence— (A) by striking and encourage agency use of; and (B) by inserting between Federal, State, local, and Tribal governments after negotiated rulemaking. (b) Technical and conforming amendments (1) Balanced Budget Act of 1997 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. (2) Elementary and Secondary Education Act of 1965 The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended— (A) in section 1601 (20 U.S.C. 6571)— (i) in subsection (a), by striking subsections (b) through (d) and inserting subsection (b); (ii) by striking subsections (b) and (c); and (iii) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; (B) by repealing section 1602 (20 U.S.C. 6572); and (C) 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. (3) Health Insurance Portability and Accountability Act of 1996 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: (b) Rulemaking for risk-Sharing exception (1) Establishment 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). (2) Factors to consider In establishing standards relating to the exception for risk-sharing arrangements to the anti-kickback penalties under paragraph (1), the Secretary— (A) shall consult with the Attorney General and representatives of the hospital, physician, other health practitioner, and health plan communities, and other interested parties; and (B) shall take into account— (i) the level of risk appropriate to the size and type of arrangement; (ii) the frequency of assessment and distribution of incentives; (iii) the level of capital contribution; and (iv) the extent to which the risk-sharing arrangement provides incentives to control the cost and quality of health care services.. (4) Higher Education Act of 1965 The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended— (A) in section 207 (20 U.S.C. 1022f)— (i) by striking subsection (c); and (ii) by redesignating subsection (d) as subsection (c); (B) in section 422(g)(1) (20 U.S.C. 1072(g)(1))— (i) in subparagraph (B), by adding and at the end; (ii) in subparagraph (C), by striking; and and inserting a period; and (iii) by striking subparagraph (D); (C) in section 487A(b)(3)(B) (20 U.S.C. 1094a(b)(3)(B)), by striking as determined in the negotiated rulemaking process under section 492; (D) 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 (E) in section 492 (20 U.S.C. 1098a)— (i) in the section heading, by striking Negotiated; and (ii) by amending subsection (b) to read as follows: (b) Issuance of regulations 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)).. (5) Housing Act of 1949 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.. (6) Magnuson-Stevens Fishery Conservation and Management Act Section 305(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(g)) is amended— (A) by striking paragraphs (2) and (3); (B) in paragraph (1)— (i) by striking (A); and (ii) by redesignating subparagraph (B) as paragraph (2) and adjusting the margins accordingly; and (C) in paragraph (2), as so redesignated, by striking the second sentence. (7) Mandatory Price Reporting Act of 2010 Section 2(b) of the Mandatory Price Reporting Act of 2010 (Public Law 111–239; 124 Stat. 2501) is amended— (A) by striking Wholesale pork cuts and all that follows through Chapter 3 and inserting Wholesale pork cuts.—Chapter 3; and (B) by striking paragraphs (2), (3), and (4). (8) Patient Protection and Affordable Care Act Section 5602 of the Patient Protection and Affordable Care Act (42 U.S.C. 254b note) is amended— (A) in the section heading, by striking Negotiated; (B) by striking subsections (b) through (h); (C) in subsection (a)— (i) by redesignating paragraph (2) as subsection (b) and adjusting the margins accordingly; (ii) by striking Establishment.— and all that follows through The Secretary of Health and Human Services and inserting Establishment.—The Secretary of Health and Human Services; (iii) by striking, through a negotiated rulemaking process under subchapter 3 of chapter 5 of title 5, United States Code,; and (iv) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and (D) in subsection (b), as so redesignated, by striking paragraph (1) and inserting subsection (a). (9) Price-Anderson Amendments Act of 1988 Section 19 of the Price-Anderson Amendments Act of 1988 (42 U.S.C. 2210 note) is amended— (A) by striking subsection (b); and (B) in subsection (a)— (i) by striking Rulemaking.— and all that follows through The Nuclear and inserting Rulemaking Proceeding.—The Nuclear; and (ii) by redesignating paragraph (2) as subsection (b) and adjusting the margins accordingly. (10) Social Security Act Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended— (A) 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 (B) in section 1856(a) (42 U.S.C. 1395w–26(a)); (i) by striking paragraphs (2) through (9); (ii) in paragraph (1)— (I) by striking Establishment.— and all that follows through The Secretary shall establish and inserting Establishment.—The Secretary shall establish; (II) by striking and using a negotiated rulemaking process under subchapter III of chapter 5 of title 5, United States Code; and (III) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and adjusting the margins accordingly; and (iii) in paragraph (2), as so redesignated— (I) by striking subparagraph (A) and inserting paragraph (1); and (II) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly. (11) Title 5 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.. (12) Title 49 Section 31136(g)(1) of title 49, United States Code, is amended— (A) by striking shall— and all that follows through issue and inserting shall issue; (B) by striking; or and inserting a period; and (C) by striking subparagraph (B). (13) Toxic Substances Control Act Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6). (14) United States Housing Act of 1937 Section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) is amended by repealing subsection (f).