The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the in the Senate section section on pages S8796-S8830 on Dec. 17, 2015.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 2932. Mr. INHOFE (for himself, Mr. Udall, and Mr. Vitter) proposed an amendment to the bill H.R. 2576, to modernize the Toxic Substances Control Act, and for other purposes; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frank R. Lautenberg Chemical Safety for the 21st Century Act''.
SEC. 2. FINDINGS, POLICY, AND INTENT.
Section 2(c) of the Toxic Substances Control Act (15 U.S.C. 2601(c)) is amended--
(1) by striking ``It is the intent'' and inserting the following:
``(1) Administration.--It is the intent'';
(2) in paragraph (1) (as so redesignated), by inserting ``, as provided under this Act'' before the period at the end; and
(3) by adding at the end the following:
``(2) Reform.--This Act, including reforms in accordance with the amendments made by the Frank R. Lautenberg Chemical Safety for the 21st Century Act--
``(A) shall be administered in a manner that--
``(i) protects the health of children, pregnant women, the elderly, workers, consumers, the general public, and the environment from the risks of harmful exposures to chemical substances and mixtures; and
``(ii) ensures that appropriate information on chemical substances and mixtures is available to public health officials and first responders in the event of an emergency; and
``(B) shall not displace or supplant common law rights of action or remedies for civil relief.''.
SEC. 3. DEFINITIONS.
Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), (13), and (14) as paragraphs (5), (6),
(7), (8), (9), (10), (12), (13), (17), (18), and (19), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Conditions of use.--The term `conditions of use' means the intended, known, or reasonably foreseeable circumstances the Administrator determines a chemical substance is manufactured, processed, distributed in commerce, used, or disposed of.'';
(3) by inserting after paragraph (10) (as so redesignated) the following:
``(11) Potentially exposed or susceptible population.--The term `potentially exposed or susceptible population' means 1 or more groups--
``(A) of individuals within the general population who may be--
``(i) differentially exposed to chemical substances under the conditions of use; or
``(ii) susceptible to greater adverse health consequences from chemical exposures than the general population; and
``(B) that when identified by the Administrator may include such groups as infants, children, pregnant women, workers, and the elderly.''; and
(4) by inserting after paragraph (13) (as so redesignated) the following:
``(14) Safety assessment.--The term `safety assessment' means an assessment of the risk posed by a chemical substance under the conditions of use, integrating hazard, use, and exposure information regarding the chemical substance.
``(15) Safety determination.--The term `safety determination' means a determination by the Administrator as to whether a chemical substance meets the safety standard under the conditions of use.
``(16) Safety standard.--The term `safety standard' means a standard that ensures, without taking into consideration cost or other nonrisk factors, that no unreasonable risk of injury to health or the environment will result from exposure to a chemical substance under the conditions of use, including no unreasonable risk of injury to--
``(A) the general population; or
``(B) any potentially exposed or susceptible population that the Administrator has identified as relevant to the safety assessment and safety determination for a chemical substance.''.
SEC. 4. POLICIES, PROCEDURES, AND GUIDANCE.
The Toxic Substances Control Act is amended by inserting after section 3 (15 U.S.C. 2602) the following:
``SEC. 3A. POLICIES, PROCEDURES, AND GUIDANCE.
``(a) Definition of Guidance.--In this section, the term
`guidance' includes any significant written guidance of general applicability prepared by the Administrator.
``(b) Deadline.--Not later than 2 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator shall develop, after providing public notice and an opportunity for comment, any policies, procedures, and guidance the Administrator determines to be necessary to carry out sections 4, 4A, 5, and 6, including the policies, procedures, and guidance required by this section.
``(c) Use of Science.--
``(1) In general.--The Administrator shall establish policies, procedures, and guidance on the use of science in making decisions under sections 4, 4A, 5, and 6.
``(2) Goal.--A goal of the policies, procedures, and guidance described in paragraph (1) shall be to make the basis of decisions clear to the public.
``(3) Requirements.--The policies, procedures, and guidance issued under this section shall ensure that--
``(A) decisions made by the Administrator--
``(i) are based on information, procedures, measures, methods, and models employed in a manner consistent with the best available science;
``(ii) take into account the extent to which--
``(I) assumptions and methods are clearly and completely described and documented;
``(II) variability and uncertainty are evaluated and characterized; and
``(III) the information has been subject to independent verification and peer review; and
``(iii) are based on the weight of the scientific evidence, by which the Administrator considers all information in a systematic and integrative framework to consider the relevance of different information;
``(B) to the extent practicable and if appropriate, the use of peer review, standardized test design and methods, consistent data evaluation procedures, and good laboratory practices will be encouraged;
``(C) a clear description of each individual and entity that funded the generation or assessment of information, and the degree of control those individuals and entities had over the generation, assessment, and dissemination of information
(including control over the design of the work and the publication of information) is made available; and
``(D) if appropriate, the recommendations in reports of the National Academy of Sciences that provide advice regarding assessing the hazards, exposures, and risks of chemical substances are considered.
``(d) Existing EPA Policies, Procedures, and Guidance.--The policies, procedures, and guidance described in subsection
(b) shall incorporate existing relevant policies, procedures, and guidance, as appropriate and consistent with this Act.
``(e) Review.--Not later than 5 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and not less frequently than once every 5 years thereafter, the Administrator shall--
``(1) review the adequacy of any policies, procedures, and guidance developed under this section, including animal, nonanimal, and epidemiological test methods and procedures for assessing and determining risk under this Act; and
``(2) after providing public notice and an opportunity for comment, revise the policies, procedures, and guidance if necessary to reflect new scientific developments or understandings.
``(f) Sources of Information.--In carrying out sections 4, 4A, 5, and 6, the Administrator shall take into consideration information relating to a chemical substance, including hazard and exposure information, under the conditions of use that is reasonably available to the Administrator, including information that is--
``(1) submitted to the Administrator pursuant to any rule, consent agreement, order, or other requirement of this Act, or on a voluntary basis, including pursuant to any request made under this Act, by--
``(A) manufacturers or processors of a substance;
``(B) the public;
``(C) other Federal departments or agencies; or
``(D) the Governor of a State or a State agency with responsibility for protecting health or the environment;
``(2) submitted to a governmental entity in any jurisdiction pursuant to a governmental requirement relating to the protection of health or the environment; or
``(3) identified through an active search by the Administrator of information sources that are publicly available or otherwise accessible by the Administrator.
``(g) Testing of Chemical Substances and Mixtures.--
``(1) In general.--The Administrator shall establish policies, procedures, and guidance for the testing of chemical substances or mixtures under section 4.
``(2) Goal.--A goal of the policies, procedures, and guidance established under paragraph (1) shall be to make the basis of decisions clear to the public.
``(3) Contents.--The policies, procedures, and guidance established under paragraph (1) shall--
``(A) address how and when the exposure level or exposure potential of a chemical substance would factor into decisions to require new testing, subject to the condition that the Administrator shall not interpret the lack of exposure information as a lack of exposure or exposure potential; and
``(B) describe the manner in which the Administrator will determine that additional information is necessary to carry out this Act, including information relating to potentially exposed or susceptible populations.
``(4) Epidemiological studies.--Before prescribing epidemiological studies of employees, the Administrator shall consult with the Director of the National Institute for Occupational Safety and Health.
``(h) Safety Assessments and Safety Determinations.--
``(1) Schedule.--
``(A) In general.--The Administrator shall inform the public regarding the schedule and the resources necessary for the completion of each safety assessment and safety determination as soon as practicable after designation as a high-priority substance pursuant to section 4A.
``(B) Differing times.--The Administrator may allot different times for different chemical substances in the schedules under this paragraph, subject to the condition that all schedules shall comply with the deadlines established under section 6.
``(C) Annual plan.--
``(i) In general.--At the beginning of each calendar year, the Administrator shall publish an annual plan.
``(ii) Inclusions.--The annual plan shall--
``(I) identify the substances subject to safety assessments and safety determinations to be completed that year;
``(II) describe the status of each safety assessment and safety determination that has been initiated but not yet completed, including milestones achieved since the previous annual report; and
``(III) if the schedule for completion of a safety assessment and safety determination prepared pursuant to subparagraph (A) has changed, include an updated schedule for that safety assessment and safety determination.
``(2) Policies and procedures for safety assessments and safety determinations.--
``(A) In general.--The Administrator shall establish, by rule, policies and procedures regarding the manner in which the Administrator shall carry out section 6.
``(B) Goal.--A goal of the policies and procedures under this paragraph shall be to make the basis of decisions of the Administrator clear to the public.
``(C) Minimum requirements.--The policies and procedures under this paragraph shall, at a minimum--
``(i) describe--
``(I) the manner in which the Administrator will identify informational needs and seek that information from the public;
``(II) the information (including draft safety assessments) that may be submitted by interested individuals or entities, including States; and
``(III) the criteria by which information submitted by interested individuals or entities will be evaluated;
``(ii) require that each draft and final safety assessment and safety determination of the Administrator include a description of--
``(I)(aa) the scope of the safety assessment and safety determination to be conducted under section 6, including the hazards, exposures, and conditions of use of the chemical substance, and potentially exposed and susceptible populations that the Administrator has identified as relevant; and
``(bb) the basis for the scope of the safety assessment and safety determination;
``(II) the manner in which aggregate exposures, or significant subsets of exposures, to a chemical substance under the conditions of use were considered, and the basis for that consideration;
``(III) the weight of the scientific evidence of risk; and
``(IV) the information regarding the impact on health and the environment of the chemical substance that was used to make the assessment or determination, including, as available, mechanistic, animal toxicity, and epidemiology studies;
``(iii) establish a timely and transparent process for evaluating whether new information submitted or obtained after the date of a final safety assessment or safety determination warrants reconsideration of the safety assessment or safety determination; and
``(iv) when relevant information is provided or otherwise made available to the Administrator, require the Administrator to consider the extent of Federal regulation under other Federal laws.
``(D) Guidance.--
``(i) In general.--Not later than 1 year after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator shall develop guidance to assist interested persons in developing their own draft safety assessments and other information for submission to the Administrator, which may be considered by the Administrator.
``(ii) Requirement.--The guidance shall, at a minimum, address the quality of the information submitted and the process to be followed in developing a draft safety assessment for consideration by the Administrator.
``(i) Publicly Available Information.--Subject to section 14, the Administrator shall--
``(1) make publicly available a nontechnical summary, and the final version, of each safety assessment and safety determination;
``(2) provide public notice and an opportunity for comment on each proposed safety assessment and safety determination; and
``(3) make public in a final safety assessment and safety determination--
``(A) the list of studies considered by the Administrator in carrying out the safety assessment or safety determination; and
``(B) the list of policies, procedures, and guidance that were followed in carrying out the safety assessment or safety determination.
``(j) Consultation With Science Advisory Committee on Chemicals.--
``(1) Establishment.--Not later than 1 year after the date of enactment of this section, the Administrator shall establish an advisory committee, to be known as the `Science Advisory Committee on Chemicals' (referred to in this subsection as the `Committee').
``(2) Purpose.--The purpose of the Committee shall be to provide independent advice and expert consultation, on the request of the Administrator, with respect to the scientific and technical aspects of issues relating to the implementation of this title.
``(3) Composition.--The Committee shall be composed of representatives of such science, government, labor, public health, public interest, animal protection, industry, and other groups as the Administrator determines to be advisable, including, at a minimum, representatives that have specific scientific expertise in the relationship of chemical exposures to women, children, and other potentially exposed or susceptible populations.
``(4) Schedule.--The Administrator shall convene the Committee in accordance with such schedule as the Administrator determines to be appropriate, but not less frequently than once every 2 years.
``(5) Relationship to other law.--All proceedings and meetings of the Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).''.
SEC. 5. TESTING OF CHEMICAL SUBSTANCES OR MIXTURES.
(a) In General.--Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is amended--
(1) by striking subsections (a), (b), (c), (d), (e), and
(g);
(2) in subsection (f)--
(A) in the first sentence--
(i) by striking ``from cancer, gene mutations, or birth defects''; and
(ii) by inserting ``, without taking into account cost or other nonrisk factors'' before the period at the end; and
(B) by striking the last sentence; and
(3) by inserting before subsection (f) the following:
``(a) Development of New Information on Chemical Substances and Mixtures.--
``(1) In general.--The Administrator may require the development of new information relating to a chemical substance or mixture in accordance with this section if the Administrator determines that the information is necessary--
``(A) to review a notice under section 5(d) or to perform a safety assessment or safety determination under section 6;
``(B) to implement a requirement imposed in a consent agreement or order issued under section 5(d)(4) or under a rule promulgated under section 6(d)(3);
``(C) pursuant to section 12(a)(4); or
``(D) at the request of the implementing authority under another Federal law, to meet the regulatory testing needs of that authority.
``(2) Limited testing for prioritization purposes.--
``(A) In general.--Except as provided in subparagraph (B), the Administrator may require the development of new information for the purposes of section 4A.
``(B) Prohibition.--Testing required under subparagraph (A) shall not be required for the purpose of establishing or implementing a minimum information requirement.
``(C) Limitation.--The Administrator may require the development of new information pursuant to subparagraph (A) only if the Administrator determines that additional information is necessary to establish the priority of a chemical substance.
``(3) Form.--The Administrator may require the development of information described in paragraph (1) or (2) by--
``(A) promulgating a rule;
``(B) entering into a testing consent agreement; or
``(C) issuing an order.
``(4) Contents.--
``(A) In general.--A rule, testing consent agreement, or order issued under this subsection shall include--
``(i) identification of the chemical substance or mixture for which testing is required;
``(ii) identification of the persons required to conduct the testing;
``(iii) test protocols and methodologies for the development of information for the chemical substance or mixture, including specific reference to any reliable nonanimal test procedures; and
``(iv) specification of the period within which individuals and entities required to conduct the testing shall submit to the Administrator the information developed in accordance with the procedures described in clause (iii).
``(B) Considerations.--In determining the procedures and period to be required under subparagraph (A), the Administrator shall take into consideration--
``(i) the relative costs of the various test protocols and methodologies that may be required;
``(ii) the reasonably foreseeable availability of facilities and personnel required to perform the testing; and
``(iii) the deadlines applicable to the Administrator under section 6(a).
``(5) Consideration of federal agency recommendations.--The Administrator shall consider the recommendations of other Federal agencies regarding the chemical substances and mixtures to which the Administrator shall give priority consideration under this section.
``(b) Statement of Need.--
``(1) In general.--In promulgating a rule, entering into a testing consent agreement, or issuing an order for the development of additional information (including information on exposure or exposure potential) pursuant to this section, the Administrator shall--
``(A) identify the need intended to be met by the rule, agreement, or order;
``(B) explain why information reasonably available to the Administrator at that time is inadequate to meet that need, including a reference, as appropriate, to the information identified in paragraph (2)(B); and
``(C) explain the basis for any decision that requires the use of vertebrate animals.
``(2) Explanation in case of order.--
``(A) In general.--If the Administrator issues an order under this section, the Administrator shall issue a statement providing a justification for why issuance of an order is warranted instead of promulgating a rule or entering into a testing consent agreement.
``(B) Contents.--A statement described in subparagraph (A) shall contain a description of--
``(i) information that is readily accessible to the Administrator, including information submitted under any other provision of law;
``(ii) the extent to which the Administrator has obtained or attempted to obtain the information through voluntary submissions; and
``(iii) any information relied on in safety assessments for other chemical substances relevant to the chemical substances that would be the subject of the order.
``(c) Reduction of Testing on Vertebrates.--
``(1) In general.--The Administrator shall minimize, to the extent practicable, the use of vertebrate animals in testing of chemical substances or mixtures, by--
``(A) prior to making a request or adopting a requirement for testing using vertebrate animals, taking into consideration, as appropriate and to the extent practicable, reasonably available--
``(i) toxicity information;
``(ii) computational toxicology and bioinformatics;
``(iii) high-throughput screening methods and the prediction models of those methods; and
``(iv) scientifically reliable and relevant alternatives to tests on animals that would provide equivalent information;
``(B) encouraging and facilitating--
``(i) the use of integrated and tiered testing and assessment strategies;
``(ii) the use of best available science in existence on the date on which the test is conducted;
``(iii) the use of test methods that eliminate or reduce the use of animals while providing information of high scientific quality;
``(iv) the grouping of 2 or more chemical substances into scientifically appropriate categories in cases in which testing of a chemical substance would provide reliable and useful information on other chemical substances in the category;
``(v) the formation of industry consortia to jointly conduct testing to avoid unnecessary duplication of tests; and
``(vi) the submission of information from--
``(I) animal-based studies; and
``(II) emerging methods and models; and
``(C) funding research and validation studies to reduce, refine, and replace the use of animal tests in accordance with this subsection.
``(2) Implementation of alternative testing methods.--To promote the development and timely incorporation of new testing methods that are not based on vertebrate animals, the Administrator shall--
``(A) not later than 2 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, develop a strategic plan to promote the development and implementation of alternative test methods and testing strategies to generate information under this title that can reduce, refine, or replace the use of vertebrate animals, including toxicity pathway-based risk assessment, in vitro studies, systems biology, computational toxicology, bioinformatics, and high-throughput screening;
``(B) as practicable, ensure that the strategic plan developed under subparagraph (A) is reflected in the development of requirements for testing under this section;
``(C) identify in the strategic plan developed under subparagraph (A) particular alternative test methods or testing strategies that do not require new vertebrate animal testing and are scientifically reliable, relevant, and capable of providing information of equivalent scientific reliability and quality to that which would be obtained from vertebrate animal testing;
``(D) provide an opportunity for public notice and comment on the contents of the plan developed under subparagraph (A), including the criteria for considering scientific reliability, relevance, and equivalent information and the test methods and strategies identified in subparagraph (C);
``(E) beginning on the date that is 5 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act and every 5 years thereafter, submit to Congress a report that describes the progress made in implementing this subsection and goals for future alternative test methods implementation;
``(F) fund and carry out research, development, performance assessment, and translational studies to accelerate the development of test methods and testing strategies that reduce, refine, or replace the use of vertebrate animals in any testing under this title; and
``(G) identify synergies with the related information requirements of other jurisdictions to minimize the potential for additional or duplicative testing.
``(3) Criteria for adapting or waiving animal testing requirements.--On request from a manufacturer or processor that is required to conduct testing of a chemical substance or mixture on vertebrate animals under this section, the Administrator may adapt or waive the requirement, if the Administrator determines that--
``(A) there is sufficient evidence from several independent sources of information to support a conclusion that a chemical substance or mixture has, or does not have, a particular property if the information from each individual source alone is insufficient to support the conclusion;
``(B) as a result of 1 or more physical or chemical properties of the chemical substance or mixture or other toxicokinetic considerations--
``(i) the substance cannot be absorbed; or
``(ii) testing for a specific endpoint is technically not practicable to conduct; or
``(C) a chemical substance or mixture cannot be tested in vertebrate animals at concentrations that do not result in significant pain or distress, because of physical or chemical properties of the chemical substance or mixture, such as a potential to cause severe corrosion or severe irritation to the tissues of the animal.
``(4) Voluntary testing.--
``(A) In general.--Any person developing information for submission under this title on a voluntary basis and not pursuant to any request or requirement by the Administrator shall first attempt to develop the information by means of an alternative or nonanimal test method or testing strategy that the Administrator has determined under paragraph (2)(C) to be scientifically reliable, relevant, and capable of providing equivalent information, before conducting new animal testing.
``(B) Effect of paragraph.--Nothing in this paragraph--
``(i) requires the Administrator to review the basis on which the person is conducting testing described in subparagraph (A);
``(ii) prohibits the use of other test methods or testing strategies by any person for purposes other than developing information for submission under this title on a voluntary basis; or
``(iii) prohibits the use of other test methods or testing strategies by any person, subsequent to the attempt to develop information using the test methods and testing strategies identified by the Administrator under paragraph
(2)(C).
``(d) Testing Requirements.--
``(1) In general.--The Administrator may require the development of information by--
``(A) manufacturers and processors of the chemical substance or mixture; and
``(B) persons that begin to manufacture or process the chemical substance or mixture after the effective date of the rule, testing consent agreement, or order.
``(2) Designation.--The Administrator may permit 2 or more persons identified in subparagraph (A) or (B) of paragraph
(1) to designate 1 of the persons or a qualified third party--
``(A) to develop the information; and
``(B) to submit the information on behalf of the persons making the designation.
``(3) Exemptions.--
``(A) In general.--A person otherwise subject to a rule, testing consent agreement, or order under this section may submit to the Administrator an application for an exemption on the basis that submission of information by the applicant on the chemical substance or mixture would be duplicative of--
``(i) information on the chemical substance or mixture that--
``(I) has been submitted to the Administrator pursuant to a rule, consent agreement, or order under this section; or
``(II) is being developed by a person designated under paragraph (2); or
``(ii) information on an equivalent chemical substance or mixture that--
``(I) has been submitted to the Administrator pursuant to a rule, consent agreement, or order under this section; or
``(II) is being developed by a person designated under paragraph (2).
``(B) Fair and equitable reimbursement to designee.--
``(i) In general.--If the Administrator accepts an application submitted under subparagraph (A), before the end of the reimbursement period described in clause (iii), the Administrator shall direct the applicant to provide to the person designated under paragraph (2) fair and equitable reimbursement, as agreed to between the applicant and the designee.
``(ii) Arbitration.--If the applicant and a person designated under paragraph (2) cannot reach agreement on the amount of fair and equitable reimbursement, the amount shall be determined by arbitration.
``(iii) Reimbursement period.--For the purposes of this subparagraph, the reimbursement period for any information for a chemical substance or mixture is a period--
``(I) beginning on the date the information is submitted in accordance with a rule, testing consent agreement, or order under this section; and
``(II) ending on the later of--
``(aa) 5 years after the date referred to in subclause (I); or
``(bb) the last day of the period that begins on the date referred to in subclause (I) and that is equal to the period that the Administrator determines was necessary to develop the information.
``(C) Termination.--If, after granting an exemption under this paragraph, the Administrator determines that no person designated under paragraph (2) has complied with the rule, testing consent agreement, or order, the Administrator shall--
``(i) by order, terminate the exemption; and
``(ii) notify in writing each person that received an exemption of the requirements with respect to which the exemption was granted.
``(4) Tiered testing.--
``(A) In general.--Except as provided in subparagraph (D), the Administrator shall employ a tiered screening and testing process, under which the results of screening-level tests or assessments of available information inform the decision as to whether 1 or more additional tests are necessary.
``(B) Screening-level tests.--
``(i) In general.--The screening-level tests required for a chemical substance or mixture may include tests for hazard
(which may include in silico, in vitro, and in vivo tests), environmental and biological fate and transport, and measurements or modeling of exposure or exposure potential, as appropriate.
``(ii) Use.--Screening-level tests shall be used--
``(I) to screen chemical substances or mixtures for potential adverse effects; and
``(II) to inform a decision of the Administrator regarding whether more complex or targeted additional testing is necessary.
``(C) Additional testing.--If the Administrator determines under subparagraph (B) that additional testing is necessary to provide more definitive information for safety assessments or safety determinations, the Administrator may require more advanced tests for potential health or environmental effects or exposure potential.
``(D) Advanced testing without screening.--The Administrator may require more advanced testing without conducting screening-level testing when other information available to the Administrator justifies the advanced testing, pursuant to guidance developed by the Administrator under this section.
``(e) Transparency.--Subject to section 14, the Administrator shall make available to the public all testing consent agreements and orders and all information submitted under this section.''.
(b) Conforming Amendment.--Section 104(i)(5)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(5)(A)) is amended in the third sentence by inserting ``(as in effect on the day before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act)'' after ``Toxic Substances Control Act''.
SEC. 6. PRIORITIZATION SCREENING.
The Toxic Substances Control Act is amended by inserting after section 4 (15 U.S.C. 2603) the following:
``SEC. 4A. PRIORITIZATION SCREENING.
``(a) Prioritization Screening Process and List of Substances.--
``(1) In general.--Not later than 1 year after the date of enactment of this section, the Administrator shall establish, by rule, a risk-based screening process and criteria for identifying existing chemical substances that are--
``(A) a high priority for a safety assessment and safety determination under section 6 (referred to in this Act as
`high-priority substances'); and
``(B) a low priority for a safety assessment and safety determination (referred to in this Act as `low-priority substances').
``(2) Initial and subsequent lists of high- and low- priority substances.--
``(A) In general.--Before the date of promulgation of the rule under paragraph (1) and not later than 180 days after the date of enactment of this section, the Administrator shall publish an initial list of high-priority substances and low-priority substances.
``(B) Requirements.--
``(i) In general.--The initial list of chemical substances shall contain at least 10 high-priority substances, at least 5 of which are drawn from the list of chemical substances identified by the Administrator in the October 2014 TSCA Work Plan and subsequent updates, and at least 10 low-priority substances.
``(ii) Subsequently identified substances.--Insofar as possible, at least 50 percent of all substances subsequently identified by the Administrator as high-priority substances shall be drawn from the list of chemical substances identified by the Administrator in the October 2014 TSCA Work Plan and subsequent updates, until all Work Plan chemicals have been designated under this subsection.
``(iii) Preferences.--
``(I) In general.--In developing the initial list and in identifying additional high-priority substances, the Administrator shall give preference to--
``(aa) chemical substances that, with respect to persistence and bioaccumulation, score high for 1 and either high or moderate for the other, pursuant to the TSCA Work Plan Chemicals Methods Document published by the Administrator in February 2012; and
``(bb) chemical substances listed in the October 2014 TSCA Work Plan and subsequent updates that are known human carcinogens and have high acute and chronic toxicity.
``(II) Metals and metal compounds.--In prioritizing and assessing metals and metal compounds, the Administrator shall use the Framework for Metals Risk Assessment of the Office of the Science Advisor, Risk Assessment Forum, and dated March 2007 (or a successor document), and may use other applicable information consistent with the best available science.
``(C) Additional chemical reviews.--The Administrator shall, as soon as practicable and not later than--
``(i) 3 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, add additional high-priority substances sufficient to ensure that at least a total of 20 high-priority substances have undergone or are undergoing the process established in section 6(a), and additional low-priority substances sufficient to ensure that at least a total of 20 low-priority substances have been designated; and
``(ii) 5 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, add additional high-priority substances sufficient to ensure that at least a total of 25 high-priority substances have undergone or are undergoing the process established in section 6(a), and additional low-priority substances sufficient to ensure that at least a total of 25 low-priority substances have been designated.
``(3) Implementation.--
``(A) Consideration of active and inactive substances.--
``(i) Active substances.--In implementing the prioritization screening process established under paragraph
(1), the Administrator shall take into consideration active substances, as determined under section 8, which may include chemical substances on the interim list of active substances established under that section.
``(ii) Inactive substances.--In implementing the prioritization screening process established under paragraph
(1), the Administrator may take into consideration inactive substances, as determined under section 8, that the Administrator determines--
``(I)(aa) have not been subject to a regulatory or other enforceable action by the Administrator to ban or phase out the substances; and
``(bb) have the potential for high hazard and widespread exposure; or
``(II)(aa) have been subject to a regulatory or other enforceable action by the Administrator to ban or phase out the substances; and
``(bb) with respect to which there exists the potential for residual high hazards or widespread exposures not otherwise addressed by the regulatory or other action.
``(iii) Repopulation.--
``(I) In general.--On the completion of a safety determination under section 6 for a chemical substance, the Administrator shall remove the chemical substance from the list of high-priority substances established under this subsection.
``(II) Additions.--The Administrator shall add at least 1 chemical substance to the list of high-priority substances for each chemical substance removed from the list of high- priority substances established under this subsection, until a safety assessment and safety determination is completed for all chemical substances not designated as high-priority.
``(B) Timely completion of prioritization screening process.--
``(i) In general.--The Administrator shall--
``(I) except as provided under paragraph (2), not later than 180 days after the effective date of the final rule under paragraph (1), begin the prioritization screening process; and
``(II) make every effort to complete the designation of all active substances as high-priority substances or low-priority substances in a timely manner.
``(ii) Decisions on substances subject to testing for prioritization purposes.--Not later than 90 days after the date of receipt of information regarding a chemical substance complying with a rule, testing consent agreement, or order issued under section 4(a)(2), the Administrator shall designate the chemical substance as a high-priority substance or low-priority substance.
``(iii) Consideration.--
``(I) In general.--The Administrator shall screen substances and designate high-priority substances consistent with the ability of the Administrator to schedule and complete safety assessments and safety determinations under section 6 in accordance with the deadlines under subsection
(a) of that section.
``(II) Annual goal.--The Administrator shall publish an annual goal for the number of chemical substances to be subject to the prioritization screening process.
``(C) Screening of categories of substances.--The Administrator may screen categories of chemical substances to ensure an efficient prioritization screening process to allow for timely and adequate designations of high-priority substances and low-priority substances and safety assessments and safety determinations for high-priority substances.
``(D) Publication of list of chemical substances.--The Administrator shall keep current and publish a list of chemical substances that includes and identifies substances--
``(i) that are being considered in the prioritization screening process and the status of the substances in the prioritization process;
``(ii) for which prioritization decisions have been postponed pursuant to subsection (b)(5), including the basis for the postponement; and
``(iii) that are designated as high-priority substances or low-priority substances, including the bases for such designations.
``(4) Criteria.--The criteria described in paragraph (1) shall account for--
``(A) the recommendation of the Governor of a State or a State agency with responsibility for protecting health or the environment from chemical substances appropriate for prioritization screening;
``(B) the hazard and exposure potential of the chemical substance (or category of substances), including persistence, bioaccumulation, and specific scientific classifications and designations by authoritative governmental entities;
``(C) the conditions of use or significant changes in the conditions of use of the chemical substance;
``(D) evidence and indicators of exposure potential to humans or the environment from the chemical substance, including potentially exposed or susceptible populations and storage near significant sources of drinking water;
``(E) the volume of a chemical substance manufactured or processed;
``(F) whether the volume of a chemical substance as reported pursuant to a rule promulgated pursuant to section 8(a) has significantly increased or decreased;
``(G) the availability of information regarding potential hazards and exposures required for conducting a safety assessment or safety determination, with limited availability of relevant information to be a sufficient basis for designating a chemical substance as a high-priority substance, subject to the condition that limited availability shall not require designation as a high-priority substance; and
``(H) the extent of Federal or State regulation of the chemical substance or the extent of the impact of State regulation of the chemical substance on the United States, with existing Federal or State regulation of any uses evaluated in the prioritization screening process as a factor in designating a chemical substance to be a high-priority or a low-priority substance.
``(b) Prioritization Screening Process and Decisions.--
``(1) In general.--In implementing the prioritization screening process developed under subsection (a), the Administrator shall--
``(A) identify the chemical substances being considered for prioritization;
``(B) request interested persons to supply information regarding the chemical substances being considered;
``(C) apply the criteria identified in subsection (a)(4); and
``(D) subject to paragraph (5) and using the information available to the Administrator at the time of the decision, identify a chemical substance as a high-priority substance or a low-priority substance.
``(2) Reasonably available information.--The prioritization screening decision regarding a chemical substance shall consider any hazard and exposure information relating to the chemical substance that is reasonably available to the Administrator.
``(3) Identification of high-priority substances.--The Administrator--
``(A) shall identify as a high-priority substance a chemical substance that, relative to other active chemical substances, the Administrator determines has the potential for significant hazard and significant exposure;
``(B) may identify as a high-priority substance a chemical substance that, relative to other active chemical substances, the Administrator determines has the potential for significant hazard or significant exposure; and
``(C) may identify as a high-priority substance an inactive substance, as determined under subsection (a)(3)(A)(ii) and section 8(b), that the Administrator determines warrants a safety assessment and safety determination under section 6.
``(4) Identification of low-priority substances.--The Administrator shall identify as a low-priority substance a chemical substance that the Administrator concludes has information sufficient to establish that the chemical substance is likely to meet the safety standard.
``(5) Postponing a decision.--If the Administrator determines that additional information is needed to establish the priority of a chemical substance under this section, the Administrator may postpone a prioritization screening decision for a reasonable period--
``(A) to allow for the submission of additional information by an interested person and for the Administrator to evaluate the additional information; or
``(B) to require the development of information pursuant to a rule, testing consent agreement, or order issued under section 4(a)(2).
``(6) Deadlines for submission of information.--If the Administrator requests the development or submission of information under this section, the Administrator shall establish a deadline for submission of the information.
``(7) Notice and comment.--The Administrator shall--
``(A) publish, including in the Federal Register, the proposed decisions made under paragraphs (3), (4), and (5) and the basis for the decisions;
``(B) identify the information and analysis on which the decisions are based; and
``(C) provide 90 days for public comment.
``(8) Revisions of prior designations.--
``(A) In general.--At any time, the Administrator may revise the designation of a chemical substance as a high- priority substance or a low-priority substance based on information available to the Administrator after the date of the determination under paragraph (3) or (4).
``(B) Limited availability.--If limited availability of relevant information was a basis in the designation of a chemical substance as a high-priority substance, the Administrator shall reevaluate the prioritization screening of the chemical substance on receiving the relevant information.
``(9) Other information relevant to prioritization.--
``(A) In general.--If, after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a State proposes an administrative action or enacts a statute or takes an administrative action to prohibit or otherwise restrict the manufacturing, processing, distribution in commerce, or use of a chemical substance that the Administrator has not designated as a high-priority substance, the Governor or State agency with responsibility for implementing the statute or administrative action shall notify the Administrator.
``(B) Requests for information.--Following receipt of a notification provided under subparagraph (A), the Administrator may request any available information from the Governor or the State agency with respect to--
``(i) scientific evidence related to the hazards, exposures and risks of the chemical substance under the conditions of use which the statute or administrative action is intended to address;
``(ii) any State or local conditions which warranted the statute or administrative action;
``(iii) the statutory or administrative authority on which the action is based; and
``(iv) any other available information relevant to the prohibition or other restriction, including information on any alternatives considered and their hazards, exposures, and risks.
``(C) Prioritization screening.--The Administrator shall conduct a prioritization screening under this subsection for all substances that--
``(i) are the subject of notifications received under subparagraph (A); and
``(ii) the Administrator determines--
``(I) are likely to have significant health or environmental impacts;
``(II) are likely to have significant impact on interstate commerce; or
``(III) have been subject to a prohibition or other restriction under a statute or administrative action in 2 or more States.
``(D) Post-prioritization notice.--If, after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a State proposes or takes an administrative action or enacts a statute to prohibit or otherwise restrict the manufacturing, processing, distribution in commerce, or use of a high-priority substance, after the date on which the deadline established pursuant to subsection (a) of section 6 for completion of the safety determination under that subsection expires but before the date on which the Administrator publishes the safety determination under that subsection, the Governor or State agency with responsibility for implementing the statute or administrative action shall--
``(i) notify the Administrator; and
``(ii) provide the scientific and legal basis for the action.
``(E) Availability to public.--Subject to section 14 and any applicable State law regarding the protection of confidential information provided to the State or to the Administrator, the Administrator shall make information received from a Governor or State agency under subparagraph
(A) publicly available.
``(F) Effect of paragraph.--Nothing in this paragraph shall preempt a State statute or administrative action, require approval of a State statute or administrative action, or apply section 15 to a State.
``(10) Review.--Not less frequently than once every 5 years after the date on which the process under this subsection is established, the Administrator shall--
``(A) review the process on the basis of experience and taking into consideration resources available to efficiently and effectively screen and prioritize chemical substances; and
``(B) if necessary, modify the prioritization screening process.
``(11) Effect.--Subject to section 18, a designation by the Administrator under this section with respect to a chemical substance shall not affect--
``(A) the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance; or
``(B) the regulation of those activities.
``(c) Additional Priorities for Safety Assessments and Determinations.--
``(1) Requirements.--
``(A) In general.--The rule promulgated under subsection
(a) shall--
``(i) include a process by which a manufacturer or processor of an active chemical substance that has not been designated a high-priority substance or is not in the process of a prioritization screening by the Administrator, may request that the Administrator designate the substance as an additional priority for a safety assessment and safety determination, subject to the payment of fees pursuant to section 26(b)(3)(D);
``(ii) specify the information to be provided in such requests; and
``(iii) specify the criteria (which may include criteria identified in subsection (a)(4)) that the Administrator shall use to determine whether or not to grant such a request, which shall include whether the substance is subject to restrictions imposed by statutes enacted or administrative actions taken by 1 or more States on the manufacture, processing, distribution in commerce, or use of the substance.
``(B) Preference.--Subject to paragraph (2), in deciding whether to grant requests under this subsection the Administrator shall give a preference to requests concerning substances for which the Administrator determines that restrictions imposed by 1 or more States have the potential to have a significant impact on interstate commerce or health or the environment.
``(C) Exceptions.--Chemical substances for which requests have been granted under this subsection shall not be subject to subsection (a)(3)(A)(iii) or section 18(b).
``(2) Limitations.--In considering whether to grant a request submitted under paragraph (1), the Administrator shall ensure that--
``(A) the number of substances designated to undergo safety assessments and safety determinations under the process and criteria pursuant to paragraph (1) is not less than 25 percent, or more than 30 percent, of the cumulative number of substances designated to undergo safety assessments and safety determinations under subsections (a)(2) and (b)(3)
(except that if less than 25 percent are received by the Administrator, the Administrator shall grant each request that meets the requirements of paragraph (1));
``(B) the resources allocated to conducting safety assessments and safety determinations for additional priorities designated under this subsection are proportionate to the number of such substances relative to the total number of substances currently designated to undergo safety assessments and safety determinations under this section; and
``(C) the number of additional priority requests stipulated under subparagraph (A) is in addition to the total number of high-priority substances identified under subsections (a)(2) and (b)(3).
``(3) Additional review of work plan chemicals for safety assessment and safety determination.--In the case of a request under paragraph (1) with respect to a chemical substance identified by the Administrator in the October 2014 TSCA Work Plan--
``(A) the 30-percent cap specified in paragraph (2)(A) shall not apply and the addition of Work Plan chemicals shall be at the discretion of the Administrator; and
``(B) notwithstanding paragraph (1)(C), requests for additional Work Plan chemicals under this subsection shall be considered high-priority chemicals subject to section 18(b) but not subsection (a)(3)(A)(iii).
``(4) Requirements.--
``(A) In general.--The public shall be provided notice and an opportunity to comment on requests submitted under this subsection.
``(B) Decision by administrator.--Not later than 180 days after the date on which the Administrator receives a request under this subsection, the Administrator shall decide whether or not to grant the request.
``(C) Assessment and determination.--If the Administrator grants a request under this subsection, the safety assessment and safety determination--
``(i) shall be conducted in accordance with the deadlines and other requirements of sections 3A(i) and 6; and
``(ii) shall not be expedited or otherwise subject to special treatment relative to high-priority substances designated pursuant to subsection (b)(3) that are undergoing safety assessments and safety determinations.''.
SEC. 7. NEW CHEMICALS AND SIGNIFICANT NEW USES.
Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is amended--
(1) by striking the section designation and heading and inserting the following:
``SEC. 5. NEW CHEMICALS AND SIGNIFICANT NEW USES.'';
(2) by striking subsection (b);
(3) by redesignating subsection (a) as subsection (b);
(4) by redesignating subsection (i) as subsection (a) and moving the subsection so as to appear at the beginning of the section;
(5) in subsection (b) (as so redesignated)--
(A) in the subsection heading, by striking ``In General'' and inserting ``Notices'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``subsection (h)'' and inserting ``paragraph (3) and subsection (h)''; and
(ii) in the matter following subparagraph (B)--
(I) by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(II) by striking ``and such person complies with any applicable requirement of subsection (b)''; and
(C) by adding at the end the following:
``(3) Article consideration.--The Administrator may require notification under this section for the import or processing of a chemical substance as part of an article or category of articles under paragraph (1)(B) if the Administrator makes an affirmative finding in a rule under paragraph (2) that the reasonable potential for exposure to the chemical substance through the article or category of articles subject to the rule warrants notification.'';
(6) by redesignating subsections (c) and (d) as subsections
(d) and (c), respectively, and moving subsection (c) (as so redesigned) so as appear after subsection (b) (as redesignated by paragraph (3));
(7) in subsection (c) (as so redesignated)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--The notice required by subsection (b) shall include, with respect to a chemical substance--
``(A) the information required by sections 720.45 and 720.50 of title 40, Code of Federal Regulations (or successor regulations); and
``(B) all known or reasonably ascertainable information regarding conditions of use and reasonably anticipated exposures.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(II) by striking ``or of data under subsection (b)'';
(ii) in subparagraph (A), by adding ``and'' after the semicolon at the end;
(iii) in subparagraph (B), by striking ``; and'' and inserting a period; and
(iv) by striking subparagraph (C); and
(C) in paragraph (3), by striking ``subsection (a) and for which the notification period prescribed by subsection (a),
(b), or (c)'' and inserting ``subsection (b) and for which the notification period prescribed by subsection (b) or
(d)'';
(8) by striking subsection (d) (as redesignated by paragraph (6)) and inserting the following:
``(d) Review of Notice.--
``(1) Initial review.--
``(A) In general.--Subject to subparagraph (B), not later than 90 days after the date of receipt of a notice submitted under subsection (b), the Administrator shall--
``(i) conduct an initial review of the notice;
``(ii) as needed, develop a profile of the relevant chemical substance and the potential for exposure to humans and the environment; and
``(iii) make a determination under paragraph (3).
``(B) Extension.--Except as provided in paragraph (5), the Administrator may extend the period described in subparagraph
(A) for good cause for 1 or more periods, the total of which shall be not more than 90 days.
``(2) Information sources.--In evaluating a notice under paragraph (1), the Administrator shall take into consideration--
``(A) any relevant information identified in subsection
(c)(1); and
``(B) any other relevant additional information available to the Administrator.
``(3) Determinations.--Before the end of the applicable period for review under paragraph (1), based on the information described in paragraph (2), and subject to section 18(g), the Administrator shall determine that--
``(A) the relevant chemical substance or significant new use is not likely to meet the safety standard, in which case the Administrator shall take appropriate action under paragraph (4);
``(B) the relevant chemical substance or significant new use is likely to meet the safety standard, in which case the Administrator shall allow the review period to expire without additional restrictions; or
``(C) additional information is necessary in order to make a determination under subparagraph (A) or (B), in which case the Administrator shall take appropriate action under paragraphs (4) and (5).
``(4) Restrictions.--
``(A) Determination by administrator.--
``(i) In general.--If the Administrator makes a determination under subparagraph (A) or (C) of paragraph (3) with respect to a notice submitted under subsection (b)--
``(I) the Administrator, before the end of the applicable period for review under paragraph (1) and by consent agreement or order, as appropriate, shall prohibit or otherwise restrict the manufacture, processing, use, distribution in commerce, or disposal (as applicable) of the chemical substance, or of the chemical substance for a significant new use, without compliance with the restrictions specified in the consent agreement or order that the Administrator determines are sufficient to ensure that the chemical substance or significant new use is likely to meet the safety standard; and
``(II) no person may commence manufacture of the chemical substance, or manufacture or processing of the chemical substance for a significant new use, except in compliance with the restrictions specified in the consent agreement or order.
``(ii) Likely to meet standard.--If the Administrator makes a determination under subparagraph (B) of paragraph (3) with respect to a chemical substance or significant new use for which a notice was submitted under subsection (b), then notwithstanding any remaining portion of the applicable period for review under paragraph (1), the submitter of the notice may commence manufacture for commercial purposes of the chemical substance or manufacture or processing of the chemical substance for a significant new use.
``(B) Requirements.--Not later than 90 days after issuing a consent agreement or order under subparagraph (A), the Administrator shall--
``(i) consider whether to promulgate a rule pursuant to subsection (b)(2) that identifies as a significant new use any manufacturing, processing, use, distribution in commerce, or disposal of the chemical substance that does not conform to the restrictions imposed by the consent agreement or order; and
``(ii)(I) initiate a rulemaking described in clause (i); or
``(II) publish a statement describing the reasons of the Administrator for not initiating a rulemaking.
``(C) Inclusions.--A prohibition or other restriction under subparagraph (A) may include, as appropriate--
``(i) subject to section 18(g), a requirement that a chemical substance shall be marked with, or accompanied by, clear and adequate minimum warnings and instructions with respect to use, distribution in commerce, or disposal, or any combination of those activities, with the form and content of the minimum warnings and instructions to be prescribed by the Administrator
``(ii) a requirement that manufacturers or processors of the chemical substance shall--
``(I) make and retain records of the processes used to manufacture or process, as applicable, the chemical substance; or
``(II) monitor or conduct such additional tests as are reasonably necessary to address potential risks from the manufacture, processing, distribution in commerce, use, or disposal, as applicable, of the chemical substance, subject to section 4;
``(iii) a restriction on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce--
``(I) in general; or
``(II) for a particular use;
``(iv) a prohibition or other restriction of--
``(I) the manufacture, processing, or distribution in commerce of the chemical substance for a significant new use;
``(II) any method of commercial use of the chemical substance; or
``(III) any method of disposal of the chemical substance; or
``(v) a prohibition or other restriction on the manufacture, processing, or distribution in commerce of the chemical substance--
``(I) in general; or
``(II) for a particular use.
``(D) Persistent and bioaccumulative substances.--For a chemical substance the Administrator determines, with respect to persistence and bioaccumulation, scores high for 1 and either high or moderate for the other, pursuant to the TSCA Work Plan Chemicals Methods Document published by the Administrator in February 2012, the Administrator shall, in selecting among prohibitions and other restrictions that the Administrator determines are sufficient to ensure that the chemical substance is likely to meet the safety standard, reduce potential exposure to the substance to the maximum extent practicable.
``(E) Workplace exposures.--To the extent practicable, the Administrator shall consult with the Assistant Secretary of Labor for Occupational Safety and Health prior to adopting any prohibition or other restriction under this subsection to address workplace exposures.
``(F) Definition of requirement.--For purposes of this Act, the term `requirement' as used in this section does not displace common law.
``(5) Additional information.--If the Administrator determines under paragraph (3)(C) that additional information is necessary to conduct a review under this subsection, the Administrator--
``(A) shall provide an opportunity for the submitter of the notice to submit the additional information;
``(B) may, by agreement with the submitter, extend the review period for a reasonable time to allow the development and submission of the additional information;
``(C) may promulgate a rule, enter into a testing consent agreement, or issue an order under section 4 to require the development of the information; and
``(D) on receipt of information the Administrator finds supports the determination under paragraph (3), shall promptly make the determination.'';
(9) by striking subsections (e) through (g) and inserting the following:
``(e) Notice of Commencement.--
``(1) In general.--Not later than 30 days after the date on which a manufacturer that has submitted a notice under subsection (b) commences nonexempt commercial manufacture of a chemical substance, the manufacturer shall submit to the Administrator a notice of commencement that identifies--
``(A) the name of the manufacturer; and
``(B) the initial date of nonexempt commercial manufacture.
``(2) Withdrawal.--A manufacturer or processor that has submitted a notice under subsection (b), but that has not commenced nonexempt commercial manufacture or processing of the chemical substance, may withdraw the notice.
``(f) Further Evaluation.--The Administrator may review a chemical substance under section 4A at any time after the Administrator receives--
``(1) a notice of commencement for a chemical substance under subsection (e); or
``(2) new information regarding the chemical substance.
``(g) Transparency.--Subject to section 14, the Administrator shall make available to the public--
``(1) all notices, determinations, consent agreements, rules, and orders submitted under this section or made by the Administrator under this section; and
``(2) all information submitted or issued under this section.''; and
(10) in subsection (h)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``(a) or''; and
(ii) in subparagraph (A), by inserting ``, without taking into account cost or other nonrisk factors'' after ``the environment'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively;
(D) in paragraph (2) (as so redesignated), in the matter preceding subparagraph (A), by striking ``subsections (a) and
(b)'' and inserting ``subsection (b)'';
(E) in paragraph (3) (as so redesignated)--
(i) in the first sentence, by striking ``will not present an unreasonable risk of injury to health or the environment'' and inserting ``will meet the safety standard''; and
(ii) by striking the second sentence;
(F) in paragraph (4) (as so redesignated), by striking
``subsections (a) and (b)'' and inserting ``subsection (b)''; and
(G) in paragraph (5) (as so redesignated), in the first sentence, by striking ``paragraph (1) or (5)'' and inserting
``paragraph (1) or (4)''.
SEC. 8. SAFETY ASSESSMENTS AND SAFETY DETERMINATIONS.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended--
(1) by striking the section designation and heading and inserting the following:
``SEC. 6. SAFETY ASSESSMENTS AND SAFETY DETERMINATIONS.'';
(2) by redesignating subsections (e) and (f) as subsections
(h) and (i), respectively;
(3) by striking subsections (a) through (d) and inserting the following:
``(a) In General.--The Administrator--
``(1) shall conduct a safety assessment and make a safety determination of each high-priority substance in accordance with subsections (b) and (c);
``(2) shall, as soon as practicable and not later than 6 months after the date on which a chemical substance is designated as a high-priority substance, define and publish the scope of the safety assessment and safety determination to be conducted pursuant to this section, including the hazards, exposures, conditions of use, and potentially exposed or susceptible populations that the Administrator expects to consider;
``(3) as appropriate based on the results of a safety determination, shall establish restrictions pursuant to subsection (d);
``(4) shall complete and publish a safety assessment and safety determination not later than 3 years after the date on which a chemical substance is designated as a high-priority substance;
``(5) shall promulgate any necessary final rule pursuant to subsection (d) by not later than 2 years after the date on which the safety determination is completed;
``(6) may extend any deadline under paragraph (4) for not more than 1 year, if information relating to the high- priority substance, required to be developed in a rule, order, or consent agreement under section 4--
``(A) has not yet been submitted to the Administrator; or
``(B) was submitted to the Administrator--
``(i) within the time specified in the rule, order, or consent agreement pursuant to section 4(a)(4)(A)(iv); and
``(ii) on or after the date that is 120 days before the expiration of the deadline described in paragraph (4); and
``(7) may extend the deadline under paragraph (5) for not more than 2 years, subject to the condition that the aggregate length of all extensions of deadlines under this subsection does not exceed 2 years.
``(b) Prior Actions and Notice of Existing Information.--
``(1) Prior-initiated assessments.--
``(A) In general.--Nothing in this Act prevents the Administrator from initiating a safety assessment or safety determination regarding a chemical substance, or from continuing or completing such a safety assessment or safety determination, prior to the effective date of the policies, procedures, and guidance required to be established by the Administrator under section 3A or 4A.
``(B) Integration of prior policies and procedures.--As policies and procedures under section 3A and 4A are established, to the maximum extent practicable, the Administrator shall integrate the policies and procedures into ongoing safety assessments and safety determinations.
``(2) Actions completed prior to completion of policies and procedures.--Nothing in this Act requires the Administrator to revise or withdraw a completed safety assessment, safety determination, or rule solely because the action was completed prior to the completion of a policy or procedure established under section 3A or 4A, and the validity of a completed assessment, determination, or rule shall not be determined based on the content of such a policy or procedure.
``(3) Notice of existing information.--
``(A) In general.--The Administrator shall, where such information is available, take notice of existing information regarding hazard and exposure published by other Federal agencies and the National Academies and incorporate the information in safety assessments and safety determinations with the objective of increasing the efficiency of the safety assessments and safety determinations.
``(B) Inclusion of information.--Existing information described in subparagraph (A) should be included to the extent practicable and where the Administrator determines the information is relevant and scientifically reliable.
``(c) Safety Determinations.--
``(1) In general.--Based on a review of the information available to the Administrator, including draft safety assessments submitted by interested persons pursuant to section 3A(h)(2)(D), and subject to section 18(g), the Administrator shall determine--
``(A) by order, that the relevant chemical substance meets the safety standard;
``(B) that the relevant chemical substance does not meet the safety standard, in which case the Administrator shall, by rule under subsection (d)--
``(i) impose restrictions necessary to ensure that the chemical substance meets the safety standard under the conditions of use; or
``(ii) if the safety standard cannot be met with the application of other restrictions under subsection (d)(3), ban or phase out the chemical substance, as appropriate; or
``(C) that additional information is necessary in order to make a determination under subparagraph (A) or (B), in which case the Administrator shall take appropriate action under paragraph (2).
``(2) Additional information.--If the Administrator determines that additional information is necessary to make a safety assessment or safety determination for a high-priority substance, the Administrator--
``(A) shall provide an opportunity for interested persons to submit the additional information;
``(B) may promulgate a rule, enter into a testing consent agreement, or issue an order under section 4 to require the development of the information;
``(C) may defer, for a reasonable period consistent with the deadlines described in subsection (a), a safety assessment and safety determination until after receipt of the information; and
``(D) consistent with the deadlines described in subsection
(a), on receipt of information the Administrator finds supports the safety assessment and safety determination, shall make a determination under paragraph (1).
``(3) Establishment of deadline.--In requesting the development or submission of information under this section, the Administrator shall establish a deadline for the submission of the information.
``(d) Rule.--
``(1) Implementation.--If the Administrator makes a determination under subsection (c)(1)(B) with respect to a chemical substance, the Administrator shall promulgate a rule establishing restrictions necessary to ensure that the chemical substance meets the safety standard.
``(2) Scope.--
``(A) In general.--The rule promulgated pursuant to this subsection--
``(i) may apply to mixtures containing the chemical substance, as appropriate;
``(ii) shall include dates by which compliance is mandatory, which--
``(I) shall be as soon as practicable, but not later than 4 years after the date of promulgation of the rule, except in the case of a use exempted under paragraph (5);
``(II) in the case of a ban or phase-out of the chemical substance, shall implement the ban or phase-out in as short a period as practicable;
``(III) as determined by the Administrator, may vary for different affected persons; and
``(IV) following a determination by the Administrator that compliance is technologically or economically infeasible within the timeframe specified in subclause (I), shall provide up to an additional 18 months for compliance to be mandatory;
``(iii) shall exempt replacement parts that are manufactured prior to the effective date of the rule for articles that are first manufactured prior to the effective date of the rule unless the Administrator finds the replacement parts contribute significantly to the identified risk;
``(iv) shall, in selecting among prohibitions and other restrictions, apply such prohibitions or other restrictions to an article or category of articles containing the chemical substance only to the extent necessary to address the identified risks from exposure to the chemical substance from the article or category of articles, in order to determine that the chemical substance meets the safety standard; and
``(v) shall, when the Administrator determines that the chemical substance does not meet the safety standard for a potentially exposed or susceptible population, apply prohibitions or other restrictions necessary to ensure that the substance meets the safety standard for that population.
``(B) Persistent and bioaccumulative substances.--For a chemical substance the Administrator determines, with respect to persistence and bioaccumulation, scores high for 1 and either high or moderate for the other, pursuant to the TSCA Work Plan Chemicals Methods Document published by the Administrator in February 2012, the Administrator shall, in selecting among prohibitions and other restrictions that the Administrator determines are sufficient to ensure that the chemical substance meets the safety standard, reduce exposure to the substance to the maximum extent practicable.
``(C) Workplace exposures.--The Administrator shall consult with the Assistant Secretary of Labor for Occupational Safety and Health before adopting any prohibition or other restriction under this subsection to address workplace exposures.
``(D) Definition of requirement.--For the purposes of this Act, the term `requirement' as used in this section does not displace common law.
``(3) Restrictions.--Subject to section 18, a restriction under paragraph (1) may include, as appropriate--
``(A) a requirement that a chemical substance shall be marked with, or accompanied by, clear and adequate minimum warnings and instructions with respect to use, distribution in commerce, or disposal, or any combination of those activities, with the form and content of the minimum warnings and instructions to be prescribed by the Administrator;
``(B) a requirement that manufacturers or processors of the chemical substance shall--
``(i) make and retain records of the processes used to manufacture or process the chemical substance;
``(ii) describe and apply the relevant quality control procedures followed in the manufacturing or processing of the substance; or
``(iii) monitor or conduct tests that are reasonably necessary to ensure compliance with the requirements of any rule under this subsection;
``(C) a restriction on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce;
``(D) a requirement to ban or phase out, or otherwise restrict the manufacture, processing, or distribution in commerce of the chemical substance for--
``(i) a particular use;
``(ii) a particular use at a concentration in excess of a level specified by the Administrator; or
``(iii) all uses;
``(E) a restriction on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce for--
``(i) a particular use; or
``(ii) a particular use at a concentration in excess of a level specified by the Administrator;
``(F) a requirement to ban, phase out, or otherwise restrict any method of commercial use of the chemical substance;
``(G) a requirement to ban, phase out, or otherwise restrict any method of disposal of the chemical substance or any article containing the chemical substance; and
``(H) a requirement directing manufacturers or processors of the chemical substance to give notice of the Administrator's determination under subsection (c)(1)(B) to distributors in commerce of the chemical substance and, to the extent reasonably ascertainable, to other persons in the chain of commerce in possession of the chemical substance.
``(4) Analysis for rulemaking.--
``(A) Considerations.--In deciding which restrictions to impose under paragraph (3) as part of developing a rule under paragraph (1), the Administrator shall take into consideration, to the extent practicable based on reasonably available information, the quantifiable and nonquantifiable costs and benefits of the proposed regulatory action and of the 1 or more primary alternative regulatory actions considered by the Administrator.
``(B) Alternatives.--As part of the analysis, the Administrator shall review any 1 or more technically and economically feasible alternatives to the chemical substance that the Administrator determines are relevant to the rulemaking.
``(C) Public availability.--In proposing a rule under paragraph (1), the Administrator shall make publicly available any analysis conducted under this paragraph.
``(D) Statement required.--In making final a rule under paragraph (1), the Administrator shall include a statement describing how the analysis considered under subparagraph (A) was taken into account.
``(5) Exemptions.--
``(A) In general.--The Administrator may, as part of a rule promulgated under paragraph (1) or in a separate rule, exempt 1 or more uses of a chemical substance from any restriction in a rule promulgated under paragraph (1) if the Administrator determines that--
``(i) the restriction cannot be complied with, without--
``(I) harming national security;
``(II) causing significant disruption in the national economy due to the lack of availability of a chemical substance; or
``(III) interfering with a critical or essential use for which no technically and economically feasible safer alternative is available, taking into consideration hazard and exposure; or
``(ii) the use of the chemical substance, as compared to reasonably available alternatives, provides a substantial benefit to health, the environment, or public safety.
``(B) Exemption analysis.--In proposing a rule under this paragraph, the Administrator shall make publicly available any analysis conducted under this paragraph to assess the need for the exemption.
``(C) Statement required.--In making final a rule under this paragraph, the Administrator shall include a statement describing how the analysis considered under subparagraph (B) was taken into account.
``(D) Analysis in case of ban or phase-out.--In determining whether an exemption should be granted under this paragraph for a chemical substance for which a ban or phase-out is included in a proposed or final rule under paragraph (1), the Administrator shall take into consideration, to the extent practicable based on reasonably available information, the quantifiable and nonquantifiable costs and benefits of the 1 or more alternatives to the chemical substance the Administrator determines to be technically and economically feasible and most likely to be used in place of the chemical substance under the conditions of use.
``(E) Conditions.--As part of a rule promulgated under this paragraph, the Administrator shall include conditions, including reasonable recordkeeping, monitoring, and reporting requirements, to the extent that the Administrator determines the conditions are necessary to protect health and the environment while achieving the purposes of the exemption.
``(F) Duration.--
``(i) In general.--The Administrator shall establish, as part of a rule under this paragraph, a time limit on any exemption for a time to be determined by the Administrator as reasonable on a case-by-case basis.
``(ii) Authority of administrator.--The Administrator, by rule, may extend, modify, or eliminate an exemption if the Administrator determines, on the basis of reasonably available information and after adequate public justification, the exemption warrants extension or is no longer necessary.
``(iii) Considerations.--
``(I) In general.--Subject to subclause (II), the Administrator shall issue exemptions and establish time periods by considering factors determined by the Administrator to be relevant to the goals of fostering innovation and the development of alternatives that meet the safety standard.
``(II) Limitation.--Any renewal of an exemption in the case of a rule under paragraph (1) requiring the ban or phase-out of a chemical substance shall not exceed 5 years.
``(e) Immediate Effect.--The Administrator may declare a proposed rule under subsection (d)(1) to be effective on publication of the rule in the Federal Register and until the effective date of final action taken respecting the rule, if--
``(1) the Administrator determines that--
``(A) the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance or mixture subject to the proposed rule or any combination of those activities is likely to result in a risk of serious or widespread injury to health or the environment before the effective date; and
``(B) making the proposed rule so effective is necessary to protect the public interest; and
``(2) in the case of a proposed rule to prohibit the manufacture, processing, or distribution in commerce of a chemical substance or mixture because of the risk determined under paragraph (1)(A), a court has granted relief in an action under section 7 with respect to that risk associated with the chemical substance or mixture.
``(f) Final Agency Action.--Under this section and subject to section 18--
``(1) a safety determination, and the associated safety assessment, for a chemical substance that the Administrator determines under subsection (c) meets the safety standard, shall be considered to be a final agency action, effective beginning on the date of issuance of the final safety determination; and
``(2) a final rule promulgated under subsection (d)(1), and the associated safety assessment and safety determination that a chemical substance does not meet the safety standard, shall be considered to be a final agency action, effective beginning on the date of promulgation of the final rule.
``(g) Extension of Deadlines for Certain Chemical Substances.--The Administrator may not extend any deadline under subsection (a) for a chemical substance designated as a high priority that is listed in the 2014 update of the TSCA Work Plan without adequate public justification that demonstrates, following a review of the information reasonably available to the Administrator, that the Administrator cannot adequately complete a safety assessment and safety determination, or a final rule pursuant to subsection (d), without additional information regarding the chemical substance.''; and
(4) in subsection (h) (as redesignated by paragraph (2))--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
SEC. 9. IMMINENT HAZARDS.
Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Civil Actions.--
``(1) In general.--The Administrator may commence a civil action in an appropriate United States district court for--
``(A) seizure of an imminently hazardous chemical substance or mixture or any article containing the chemical substance or mixture;
``(B) relief (as authorized by subsection (b)) against any person that manufactures, processes, distributes in commerce, uses, or disposes of, an imminently hazardous chemical substance or mixture or any article containing the chemical substance or mixture; or
``(C) both seizure described in subparagraph (A) and relief described in subparagraph (B).
``(2) Rule, order, or other proceeding.--A civil action may be commenced under this paragraph, notwithstanding--
``(A) the existence of a decision, rule, consent agreement, or order by the Administrator under section 4, 4A, 5, or 6 or title IV or VI; or
``(B) the pendency of any administrative or judicial proceeding under any provision of this Act.'';
(2) in subsection (b)(1), by striking ``unreasonable'';
(3) in subsection (d), by striking ``section 6(a)'' and inserting ``section 6(d)''; and
(4) in subsection (f), in the first sentence, by striking
``and unreasonable''.
SEC. 10. INFORMATION COLLECTION AND REPORTING.
Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) in subparagraph (A)(ii)(I)--
(I) by striking ``5(b)(4)'' and inserting ``5'';
(II) by inserting ``section 4 or'' after ``in effect under''; and
(III) by striking ``5(e),'' and inserting ``5(d)(4);''; and
(ii) by adding at the end the following:
``(C) Not later than 180 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and not less frequently than once every 10 years thereafter, the Administrator, after consultation with the Administrator of the Small Business Administration, shall--
``(i) review the adequacy of the standards prescribed according to subparagraph (B);
``(ii) after providing public notice and an opportunity for comment, make a determination as to whether revision of the standards is warranted; and
``(iii) revise the standards if the Administrator so determines.''; and
(B) by adding at the end the following:
``(4) Rules.--
``(A) Deadline.--
``(i) In general.--Not later than 2 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator shall promulgate rules requiring the maintenance of records and the reporting of additional information known or reasonably ascertainable by the person making the report, including rules applicable to processors so that the Administrator has the information necessary to carry out this title.
``(ii) Modification of prior rules.--In carrying out this subparagraph, the Administrator may modify, as appropriate, rules promulgated before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.
``(B) Contents.--The rules promulgated pursuant to subparagraph (A)--
``(i) may impose different reporting and recordkeeping requirements on manufacturers and processors; and
``(ii) shall include the level of detail necessary to be reported, including the manner by which use and exposure information may be reported.
``(C) Administration.--In implementing the reporting and recordkeeping requirements under this paragraph, the Administrator shall take measures--
``(i) to limit the potential for duplication in reporting requirements;
``(ii) to minimize the impact of the rules on small manufacturers and processors; and
``(iii) to apply any reporting obligations to those persons likely to have information relevant to the effective implementation of this title.'';
(2) in subsection (b), by adding at the end the following:
``(3) Nomenclature.--
``(A) In general.--In carrying out paragraph (1), the Administrator shall--
``(i) maintain the use of Class 2 nomenclature in use on the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act;
``(ii) maintain the use of the Soap and Detergent Association Nomenclature System, published in March 1978 by the Administrator in section 1 of addendum III of the document entitled `Candidate List of Chemical Substances', and further described in the appendix A of volume I of the 1985 edition of the Toxic Substances Control Act Substances Inventory (EPA Document No. EPA-560/7-85-002a); and
``(iii) treat all components of categories that are considered to be statutory mixtures under this Act as being included on the list published under paragraph (1) under the Chemical Abstracts Service numbers for the respective categories, including, without limitation--
``(I) cement, Portland, chemicals, CAS No. 65997-15-1;
``(II) cement, alumina, chemicals, CAS No. 65997-16-2;
``(III) glass, oxide, chemicals, CAS No. 65997-17-3;
``(IV) frits, chemicals, CAS No. 65997-18-4;
``(V) steel manufacture, chemicals, CAS No. 65997-19-5; and
``(VI) ceramic materials and wares, chemicals, CAS No. 66402-68-4.
``(B) Multiple nomenclature conventions.--
``(i) In general.--If an existing guidance allows for multiple nomenclature conventions, the Administrator shall--
``(I) maintain the nomenclature conventions for substances; and
``(II) develop new guidance that--
``(aa) establishes equivalency between the nomenclature conventions for chemical substances on the list published under paragraph (1); and
``(bb) permits persons to rely on the new guidance for purposes of determining whether a chemical substance is on the list published under paragraph (1).
``(ii) Multiple cas numbers.--For any chemical substance appearing multiple times on the list under different Chemical Abstracts Service numbers, the Administrator shall develop guidance recognizing the multiple listings as a single chemical substance.
``(4) Chemical substances in commerce.--
``(A) Rules.--
``(i) In general.--Not later than 1 year after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator, by rule, shall require manufacturers and processors to notify the Administrator, by not later than 180 days after the date of promulgation of the rule, of each chemical substance on the list published under paragraph (1) that the manufacturer or processor, as applicable, has manufactured or processed for a nonexempt commercial purpose during the 10-year period ending on the day before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.
``(ii) Active substances.--The Administrator shall designate chemical substances for which notices are received under clause (i) to be active substances on the list published under paragraph (1).
``(iii) Inactive substances.--The Administrator shall designate chemical substances for which no notices are received under clause (i) to be inactive substances on the list published under paragraph (1).
``(B) Confidential chemical substances.--In promulgating the rule established pursuant to subparagraph (A), the Administrator shall--
``(i) maintain the list under paragraph (1), which shall include a confidential portion and a nonconfidential portion consistent with this section and section 14;
``(ii) require a manufacturer or processor that is submitting a notice pursuant to subparagraph (A) for a chemical substance on the confidential portion of the list published under paragraph (1) to indicate in the notice whether the manufacturer or processor seeks to maintain any existing claim for protection against disclosure of the specific identity of the substance as confidential pursuant to section 14; and
``(iii) require the substantiation of those claims pursuant to section 14 and in accordance with the review plan described in subparagraph (C).
``(C) Review plan.--Not later than 1 year after the date on which the Administrator compiles the initial list of active substances pursuant to subparagraph (A), the Administrator shall promulgate a rule that establishes a plan to review all claims to protect the specific identities of chemical substances on the confidential portion of the list published under paragraph (1) that are asserted pursuant to subparagraph (B).
``(D) Requirements of review plan.--Under the review plan under subparagraph (C), the Administrator shall--
``(i) require, at the time requested by the Administrator, all manufacturers or processors asserting claims under subparagraph (B) to substantiate the claim unless the manufacturer or processor has substantiated the claim in a submission made to the Administrator during the 5-year period ending on the date of the request by the Administrator;
``(ii) in accordance with section 14--
``(I) review each substantiation--
``(aa) submitted pursuant to clause (i) to determine if the claim warrants protection from disclosure; and
``(bb) submitted previously by a manufacturer or processor and relied on in lieu of the substantiation required pursuant to clause (i), if the substantiation has not been previously reviewed by the Administrator, to determine if the claim warrants protection from disclosure;
``(II) approve, modify, or deny each claim; and
``(III) except as provided in this section and section 14, protect from disclosure information for which the Administrator approves such a claim for a period of 10 years, unless, prior to the expiration of the period--
``(aa) the person notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall promptly make the information available to the public; or
``(bb) the Administrator otherwise becomes aware that the need for protection from disclosure can no longer be substantiated, in which case the Administrator shall take the actions described in section 14(g)(2); and
``(iii) encourage manufacturers or processors that have previously made claims to protect the specific identities of chemical substances identified as inactive pursuant to subsection (f)(2) to review and either withdraw or substantiate the claims.
``(E) Timeline for completion of reviews.--
``(i) In general.--The Administrator shall implement the review plan so as to complete reviews of all claims specified in subparagraph (C) not later than 5 years after the date on which the Administrator compiles the initial list of active substances pursuant to subparagraph (A).
``(ii) Considerations.--
``(I) In general.--The Administrator may extend the deadline for completion of the reviews for not more than 2 additional years, after an adequate public justification, if the Administrator determines that the extension is necessary based on the number of claims needing review and the available resources.
``(II) Annual review goal and results.--At the beginning of each year, the Administrator shall publish an annual goal for reviews and the number of reviews completed in the prior year.
``(5) Active and inactive substances.--
``(A) In general.--The Administrator shall maintain and keep current designations of active substances and inactive substances on the list published under paragraph (1).
``(B) Change to active status.--
``(i) In general.--Any person that intends to manufacture or process for a nonexempt commercial purpose a chemical substance that is designated as an inactive substance shall notify the Administrator before the date on which the inactive substance is manufactured or processed.
``(ii) Confidential chemical identity claims.--If a person submitting a notice under clause (i) for an inactive substance on the confidential portion of the list published under paragraph (1) seeks to maintain an existing claim for protection against disclosure of the specific identity of the inactive substance as confidential, the person shall--
``(I) in the notice submitted under clause (i), assert the claim; and
``(II) by not later than 30 days after providing the notice under clause (i), substantiate the claim.
``(iii) Active status.--On receiving a notification under clause (i), the Administrator shall--
``(I) designate the applicable chemical substance as an active substance;
``(II) pursuant to section 14, promptly review any claim and associated substantiation submitted pursuant to clause
(ii) for protection against disclosure of the specific identity of the chemical substance and approve, modify, or deny the claim;
``(III) except as provided in this section and section 14, protect from disclosure the specific identity of the chemical substance for which the Administrator approves a claim under subclause (II) for a period of 10 years, unless, prior to the expiration of the period--
``(aa) the person notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall promptly make the information available to the public; or
``(bb) the Administrator otherwise becomes aware that the need for protection from disclosure can no longer be substantiated, in which case the Administrator shall take the actions described in section 14(g)(2); and
``(IV) pursuant to section 4A, review the priority of the chemical substance as the Administrator determines to be necessary.
``(C) Category status.--The list of inactive substances shall not be considered to be a category for purposes of section 26(c).
``(6) Interim list of active substances.--Prior to the promulgation of the rule required under paragraph (4)(A), the Administrator shall designate the chemical substances reported under part 711 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act), during the reporting period that most closely preceded the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, as the interim list of active substances for the purposes of section 4A.
``(7) Public information.--Subject to this subsection, the Administrator shall make available to the public--
``(A) the specific identity of each chemical substance on the nonconfidential portion of the list published under paragraph (1) that the Administrator has designated as--
``(i) an active substance; or
``(ii) an inactive substance;
``(B) the accession number, generic name, and, if applicable, premanufacture notice case number for each chemical substance on the confidential portion of the list published under paragraph (1) for which a claim of confidentiality was received; and
``(C) subject to subsections (f) and (g) of section 14, the specific identity of any active substance for which--
``(i) a claim for protection against disclosure of the specific identity of the active chemical substance was not asserted, as required under this subsection or subsection (d) or (f) of section 14;
``(ii) a claim for protection against disclosure of the specific identity of the active substance has been denied by the Administrator; or
``(iii) the time period for protection against disclosure of the specific identity of the active substance has expired.
``(8) Limitation.--No person may assert a new claim under this subsection for protection from disclosure of a specific identity of any active or inactive chemical substance for which a notice is received under paragraph (4)(A)(i) or
(5)(C)(i) that is not on the confidential portion of the list published under paragraph (1).
``(9) Certification.--Under the rules promulgated under this subsection, manufacturers and processors shall be required--
``(A) to certify that each notice or substantiation the manufacturer or processor submits complies with the requirements of the rule, and that any confidentiality claims are true and correct; and
``(B) to retain a record supporting the certification for a period of 5 years beginning on the last day of the submission period.'';
(3) in subsection (e)--
(A) by striking ``Any person'' and inserting the following:
``(1) In general.--Any person''; and
(B) by adding at the end the following:
``(2) Additional information.--Any person may submit to the Administrator information reasonably supporting the conclusion that a chemical substance or mixture presents, will present, or does not present a substantial risk of injury to health and the environment.''; and
(4) in subsection (f), by striking ``For purposes of this section, the'' and inserting the following: ``In this section:
``(1) Active substance.--The term `active substance' means a chemical substance--
``(A) that has been manufactured or processed for a nonexempt commercial purpose at any point during the 10-year period ending on the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act;
``(B) that is added to the list published under subsection
(b)(1) after that date of enactment; or
``(C) for which a notice is received under subsection
(b)(5)(C).
``(2) Inactive substance.--The term `inactive substance' means a chemical substance on the list published under subsection (b)(1) that does not meet any of the criteria described in paragraph (1).
``(3) Manufacture; process.--The''.
SEC. 11. RELATIONSHIP TO OTHER FEDERAL LAWS.
Section 9 of the Toxic Substances Control Act (15 U.S.C. 2608) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the first sentence--
(i) by striking ``presents or will present an unreasonable risk to health or the environment'' and inserting ``does not or will not meet the safety standard''; and
(ii) by striking ``such risk'' the first place it appears and inserting ``the risk posed by the substance or mixture'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``within the time period specified by the Administrator in the report'' after
``issues an order'';
(ii) in subparagraph (B), by inserting ``responds within the time period specified by the Administrator in the report and'' before ``initiates, within 90 days''; and
(iii) in the matter following subparagraph (B), by striking
``section 6 or 7'' and inserting ``section 6(d) or section 7'';
(C) by redesignating paragraph (3) as paragraph (6);
(D) in paragraph (6) (as so redesignated), by striking
``section 6 or 7'' and inserting ``section 6(d) or 7''; and
(E) by inserting after paragraph (2) the following:
``(3) The Administrator shall take the actions described in paragraph (4) if the Administrator makes a report under paragraph (1) with respect to a chemical substance or mixture and the agency to which the report was made does not--
``(A) issue the order described in paragraph (2)(A) within the time period specified by the Administrator in the report; or
``(B)(i) respond under paragraph (1) within the time frame specified by the Administrator in the report; and
``(ii) initiate action within 90 days of publication in the Federal Register of the response described in clause (i).
``(4) If an agency to which a report under paragraph (1) does not take the actions described in subparagraphs (A) or
(B) of paragraph (3), the Administrator shall--
``(A) if a safety assessment and safety determination for the substance under section 6 has not been completed, complete the safety assessment and safety determination;
``(B) if the Administrator has determined or determines that the chemical substance does not meet the safety standard, initiate action under section 6(d) with respect to the risk; or
``(C) take any action authorized or required under section 7, as appropriate.
``(5) This subsection shall not relieve the Administrator of any obligation to complete a safety assessment and safety determination or take any required action under section 6(d) or 7 to address risks from the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or any combination of those activities, that are not identified in a report issued by the Administrator under paragraph (1).'';
(2) in subsection (d), in the first sentence, by striking
``Health, Education, and Welfare'' and inserting ``Health and Human Services''; and
(3) by adding at the end the following:
``(e) Exposure Information.--If the Administrator obtains information related to exposures or releases of a chemical substance that may be prevented or reduced under another Federal law, including laws not administered by the Administrator, the Administrator shall make such information available to the relevant Federal agency or office of the Environmental Protection Agency.''.
SEC. 12. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION,
AND UTILIZATION OF DATA.
Section 10 of the Toxic Substances Control Act (15 U.S.C. 2609) is amended by striking ``Health, Education, and Welfare'' each place it appears and inserting ``Health and Human Services''.
SEC. 13. EXPORTS.
Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is amended--
(1) in subsection (a), by striking paragraph (2) and inserting the following:
``(2) Exception.--Paragraph (1) shall not apply to--
``(A) any new chemical substance that the Administrator determines is likely to present an unreasonable risk of injury to health within the United States or to the environment of the United States, without taking into account cost or other non-risk factors;
``(B) any chemical substance that the Administrator determines presents or will present an unreasonable risk of injury to health within the United States or to the environment of the United States, without taking into account cost or other non-risk factors; or
``(C) any chemical substance that--
``(i) the Administrator determines is likely to present an unreasonable risk of injury to health within the United States or to the environment of the United States, without taking into account cost or other non-risk factors; and
``(ii) is subject to restriction under section 5(d)(4).
``(3) Waivers for certain mixtures and articles.--For a mixture or article containing a chemical substance described in paragraph (2), the Administrator may--
``(A) determine that paragraph (1) shall not apply to the mixture or article; or
``(B) establish a threshold concentration in a mixture or article at which paragraph (1) shall not apply.
``(4) Testing.--The Administrator may require testing under section 4 of any chemical substance or mixture exempted from this Act under paragraph (1) for the purpose of determining whether the chemical substance meets the safety standard within the United States.'';
(2) by striking subsection (b) and inserting the following:
``(b) Notice.--
``(1) In general.--A person shall notify the Administrator that the person is exporting or intends to export to a foreign country--
``(A) a chemical substance or a mixture containing a chemical substance that the Administrator has determined under section 5 is not likely to meet the safety standard and for which a prohibition or other restriction has been proposed or established under that section;
``(B) a chemical substance or a mixture containing a chemical substance that the Administrator has determined under section 6 does not meet the safety standard and for which a prohibition or other restriction has been proposed or established under that section;
``(C) a chemical substance for which the United States is obligated by treaty to provide export notification;
``(D) a chemical substance or mixture containing a chemical substance subject to a proposed or promulgated significant new use rule, or a prohibition or other restriction pursuant to a rule, order, or consent agreement in effect under this Act;
``(E) a chemical substance or mixture for which the submission of information is required under section 4; or
``(F) a chemical substance or mixture for which an action is pending or for which relief has been granted under section 7.
``(2) Rules.--
``(A) In general.--The Administrator shall promulgate rules to carry out paragraph (1).
``(B) Contents.--The rules promulgated pursuant to subparagraph (A) shall--
``(i) include such exemptions as the Administrator determines to be appropriate, which may include exemptions identified under section 5(h); and
``(ii) indicate whether, or to what extent, the rules apply to articles containing a chemical substance or mixture described in paragraph (1).
``(3) Notification.--The Administrator shall submit to the government of each country to which a chemical substance or mixture is exported--
``(A) for a chemical substance or mixture described in subparagraph (A), (B), (D), or (F) of paragraph (1), a notice of the determination, rule, order, consent agreement, action, relief, or requirement;
``(B) for a chemical substance described in paragraph
(1)(C), a notice that satisfies the obligation of the United States under the applicable treaty; and
``(C) for a chemical substance or mixture described in paragraph (1)(E), a notice of availability of the information on the chemical substance or mixture submitted to the Administrator.''; and
(3) in subsection (c), by striking paragraph (3).
SEC. 14. CONFIDENTIAL INFORMATION.
Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613) is amended to read as follows:
``SEC. 14. CONFIDENTIAL INFORMATION.
``(a) In General.--Except as otherwise provided in this section, the Administrator shall not disclose information that is exempt from disclosure pursuant to subsection (a) of section 552 of title 5, United States Code, under subsection
(b)(4) of that section--
``(1) that is reported to, or otherwise obtained by, the Administrator under this Act; and
``(2) for which the requirements of subsection (d) are met.
``(b) Information Generally Protected From Disclosure.--The following information specific to, and submitted by, a manufacturer, processor, or distributor that meets the requirements of subsections (a) and (d) shall be presumed to be protected from disclosure, subject to the condition that nothing in this Act prohibits the disclosure of any such information, or information that is the subject of subsection
(g)(3), through discovery, subpoena, other court order, or any other judicial process otherwise allowed under applicable Federal or State law:
``(1) Specific information describing the processes used in manufacture or processing of a chemical substance, mixture, or article.
``(2) Marketing and sales information.
``(3) Information identifying a supplier or customer.
``(4) Details of the full composition of a mixture and the respective percentages of constituents.
``(5) Specific information regarding the use, function, or application of a chemical substance or mixture in a process, mixture, or product.
``(6) Specific production or import volumes of the manufacturer.
``(7) Specific aggregated volumes across manufacturers, if the Administrator determines that disclosure of the specific aggregated volumes would reveal confidential information.
``(8) Except as otherwise provided in this section, the specific identity of a chemical substance prior to the date on which the chemical substance is first offered for commercial distribution, including the chemical name, molecular formula, Chemical Abstracts Service number, and other information that would identify a specific chemical substance, if the specific identity was claimed as confidential information at the time it was submitted in a notice under section 5.
``(c) Information Not Protected From Disclosure.--
``(1) In general.--Notwithstanding subsections (a) and (b), the following information shall not be protected from disclosure:
``(A) Information from health and safety studies.--
``(i) In general.--Subject to clause (ii)--
``(I) any health and safety study that is submitted under this Act with respect to--
``(aa) any chemical substance or mixture that, on the date on which the study is to be disclosed, has been offered for commercial distribution; or
``(bb) any chemical substance or mixture for which--
``(AA) testing is required under section 4; or
``(BB) a notification is required under section 5; or
``(II) any information reported to, or otherwise obtained by, the Administrator from a health and safety study relating to a chemical substance or mixture described in item (aa) or
(bb) of subclause (I).
``(ii) Effect of subparagraph.--Nothing in this subparagraph authorizes the release of any information that discloses--
``(I) a process used in the manufacturing or processing of a chemical substance or mixture; or
``(II) in the case of a mixture, the portion of the mixture comprised by any chemical substance in the mixture.
``(B) Other information not protected from disclosure.--
``(i) For information submitted after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the specific identity of a chemical substance as of the date on which the chemical substance is first offered for commercial distribution, if the person submitting the information does not meet the requirements of subsection (d).
``(ii) A safety assessment developed, or a safety determination made, under section 6.
``(iii) Any general information describing the manufacturing volumes, expressed as specific aggregated volumes or, if the Administrator determines that disclosure of specific aggregated volumes would reveal confidential information, expressed in ranges.
``(iv) A general description of a process used in the manufacture or processing and industrial, commercial, or consumer functions and uses of a chemical substance, mixture, or article containing a chemical substance or mixture, including information specific to an industry or industry sector that customarily would be shared with the general public or within an industry or industry sector.
``(2) Mixed confidential and nonconfidential information
.--Any information that is eligible for protection under this section and is submitted with information described in this subsection shall be protected from disclosure, if the submitter complies with subsection (d), subject to the condition that information in the submission that is not eligible for protection against disclosure shall be disclosed.
``(3) Ban or phase-out.--If the Administrator promulgates a rule pursuant to section 6(d) that establishes a ban or phase-out of the manufacture, processing, or distribution in commerce of a chemical substance, subject to paragraphs (2),
(3), and (4) of subsection (g), any protection from disclosure provided under this section with respect to the specific identity of the chemical substance and other information relating to the chemical substance shall no longer apply.
``(4) Certain requests.--If a request is made to the Administrator under section 552(a) of title 5, United States Code, for information that is subject to disclosure under this subsection, the Administrator may not deny the request on the basis of section 552(b)(4) of title 5, United States Code.
``(d) Requirements for Confidentiality Claims.--
``(1) Assertion of claims.--
``(A) In general.--A person seeking to protect any information submitted under this Act from disclosure
(including information described in subsection (b)) shall assert to the Administrator a claim for protection concurrent with submission of the information, in accordance with such rules regarding a claim for protection from disclosure as the Administrator has promulgated or may promulgate pursuant to this title.
``(B) Inclusion.--An assertion of a claim under subparagraph (A) shall include a statement that the person has--
``(i) taken reasonable measures to protect the confidentiality of the information;
``(ii) determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law;
``(iii) a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of the person; and
``(iv) a reasonable basis to believe that the information is not readily discoverable through reverse engineering.
``(C) Specific chemical identity.--In the case of a claim under subparagraph (A) for protection against disclosure of a specific chemical identity, the claim shall include a structurally descriptive generic name for the chemical substance that the Administrator may disclose to the public, subject to the condition that the generic name shall--
``(i) be consistent with guidance issued by the Administrator under paragraph (3)(A); and
``(ii) describe the chemical structure of the substance as specifically as practicable while protecting those features of the chemical structure--
``(I) that are considered to be confidential; and
``(II) the disclosure of which would be likely to cause substantial harm to the competitive position of the person.
``(D) Public information.--No person may assert a claim under this section for protection from disclosure of information that is already publicly available.
``(2) Additional requirements for confidentiality claims.-- Except for information described in subsection (b), a person asserting a claim to protect information from disclosure under this Act shall substantiate the claim, in accordance with the rules promulgated and consistent with the guidance issued by the Administrator.
``(3) Guidance.--The Administrator shall develop guidance regarding--
``(A) the determination of structurally descriptive generic names, in the case of claims for the protection against disclosure of specific chemical identity; and
``(B) the content and form of the statements of need and agreements required under paragraphs (4), (5), and (6) of subsection (e).
``(4) Certification.--An authorized official of a person described in paragraph (1)(A) shall certify that the statement required to assert a claim submitted pursuant to paragraph (1)(B) and any information required to substantiate a claim submitted pursuant to paragraph (2) are true and correct.
``(e) Exceptions to Protection From Disclosure.-- Information described in subsection (a)--
``(1) shall be disclosed if the information is to be disclosed to an officer or employee of the United States in connection with the official duties of the officer or employee--
``(A) under any law for the protection of health or the environment; or
``(B) for a specific law enforcement purpose;
``(2) shall be disclosed if the information is to be disclosed to a contractor of the United States and employees of that contractor--
``(A) if, in the opinion of the Administrator, the disclosure is necessary for the satisfactory performance by the contractor of a contract with the United States for the performance of work in connection with this Act; and
``(B) subject to such conditions as the Administrator may specify;
``(3) shall be disclosed if the Administrator determines that disclosure is necessary to protect health or the environment;
``(4) shall be disclosed if the information is to be disclosed to a State or political subdivision of a State, on written request, for the purpose of development, administration, or enforcement of a law, if 1 or more applicable agreements with the Administrator that are consistent with the guidance issued under subsection
(d)(3)(B) ensure that the recipient will take appropriate measures, and has adequate authority, to maintain the confidentiality of the information in accordance with procedures comparable to the procedures used by the Administrator to safeguard the information;
``(5) shall be disclosed if a health or environmental professional employed by a Federal or State agency or a treating physician or nurse in a nonemergency situation provides a written statement of need and agrees to sign a written confidentiality agreement with the Administrator, subject to the conditions that--
``(A) the statement of need and confidentiality agreement are consistent with the guidance issued under subsection
(d)(3)(B);
``(B) the written statement of need shall be a statement that the person has a reasonable basis to suspect that--
``(i) the information is necessary for, or will assist in--
``(I) the diagnosis or treatment of 1 or more individuals; or
``(II) responding to an environmental release or exposure; and
``(ii) 1 or more individuals being diagnosed or treated have been exposed to the chemical substance concerned, or an environmental release or exposure has occurred; and
``(C) the confidentiality agreement shall provide that the person will not use the information for any purpose other than the health or environmental needs asserted in the statement of need, except as otherwise may be authorized by the terms of the agreement or by the person submitting the information to the Administrator, except that nothing in this Act prohibits the disclosure of any such information through discovery, subpoena, other court order, or any other judicial process otherwise allowed under applicable Federal or State law;
``(6) shall be disclosed if in the event of an emergency, a treating physician, nurse, agent of a poison control center, public health or environmental official of a State or political subdivision of a State, or first responder
(including any individual duly authorized by a Federal agency, State, or political subdivision of a State who is trained in urgent medical care or other emergency procedures, including a police officer, firefighter, or emergency medical technician) requests the information, subject to the conditions that--
``(A) the treating physician, nurse, agent, public health or environmental official of a State or a political subdivision of a State, or first responder shall have a reasonable basis to suspect that--
``(i) a medical or public health or environmental emergency exists;
``(ii) the information is necessary for, or will assist in, emergency or first-aid diagnosis or treatment; or
``(iii) 1 or more individuals being diagnosed or treated have likely been exposed to the chemical substance concerned, or a serious environmental release of or exposure to the chemical substance concerned has occurred;
``(B) if requested by the person submitting the information to the Administrator, the treating physician, nurse, agent, public health or environmental official of a State or a political subdivision of a State, or first responder shall, as described in paragraph (5)--
``(i) provide a written statement of need; and
``(ii) agree to sign a confidentiality agreement; and
``(C) the written confidentiality agreement or statement of need shall be submitted as soon as practicable, but not necessarily before the information is disclosed;
``(7) may be disclosed if the Administrator determines that disclosure is relevant in a proceeding under this Act, subject to the condition that the disclosure shall be made in such a manner as to preserve confidentiality to the maximum extent practicable without impairing the proceeding;
``(8) shall be disclosed if the information is to be disclosed, on written request of any duly authorized congressional committee, to that committee; or
``(9) shall be disclosed if the information is required to be disclosed or otherwise made public under any other provision of Federal law.
``(f) Duration of Protection From Disclosure.--
``(1) In general.--
``(A) Information not subject to time limit for protection from disclosure.--Subject to paragraph (2), the Administrator shall protect from disclosure information described in subsection (b) that meets the requirements of subsections (a) and (d), unless--
``(i) the person that asserted the claim notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall promptly make the information available to the public; or
``(ii) the Administrator otherwise becomes aware that the information does not qualify or no longer qualifies for protection against disclosure under subsection (a), in which case the Administrator shall take any actions required under subsection (g)(2).
``(B) Information subject to time limit for protection from disclosure.--Subject to paragraph (2), the Administrator shall protect from disclosure information, other than information described in subsection (b), that meets the requirements of subsections (a) and (d) for a period of 10 years, unless, prior to the expiration of the period--
``(i) the person that asserted the claim notifies the Administrator that the person is withdrawing the claim, in which case the Administrator shall promptly make the information available to the public; or
``(ii) the Administrator otherwise becomes aware that the information does not qualify or no longer qualifies for protection against disclosure under subsection (a), in which case the Administrator shall take any actions required under subsection (g)(2).
``(C) Extensions.--
``(i) In general.--Not later than the date that is 60 days before the expiration of the period described in subparagraph
(B), the Administrator shall provide to the person that asserted the claim a notice of the impending expiration of the period.
``(ii) Statement.--
``(I) In general.--Not later than the date that is 30 days before the expiration of the period described in subparagraph
(B), a person reasserting the relevant claim shall submit to the Administrator a request for extension substantiating, in accordance with subsection (d)(2), the need to extend the period.
``(II) Action by administrator.--Not later than the date of expiration of the period described in subparagraph (B), the Administrator shall, in accordance with subsection
(g)(1)(C)--
``(aa) review the request submitted under subclause (I);
``(bb) make a determination regarding whether the claim for which the request was submitted continues to meet the relevant criteria established under this section; and
``(cc)(AA) grant an extension of 10 years; or
``(BB) deny the request.
``(D) No limit on number of extensions.--There shall be no limit on the number of extensions granted under subparagraph
(C), if the Administrator determines that the relevant request under subparagraph (C)(ii)(I)--
``(i) establishes the need to extend the period; and
``(ii) meets the requirements established by the Administrator.
``(2) Review and resubstantiation.--
``(A) Discretion of administrator.--The Administrator may review, at any time, a claim for protection of information against disclosure under subsection (a) and require any person that has claimed protection for that information, whether before, on, or after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to withdraw or reassert and substantiate or resubstantiate the claim in accordance with this section--
``(i) after the chemical substance is identified as a high- priority substance under section 4A;
``(ii) for any chemical substance for which the Administrator has made a determination under section 6(c)(1)(C);
``(iii) for any inactive chemical substance identified under section 8(b)(5); or
``(iv) in limited circumstances, if the Administrator determines that disclosure of certain information currently protected from disclosure would assist the Administrator in conducting safety assessments and safety determinations under subsections (b) and (c) of section 6 or promulgating rules pursuant to section 6(d).
``(B) Review required.--The Administrator shall review a claim for protection of information against disclosure under subsection (a) and require any person that has claimed protection for that information, whether before, on, or after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to withdraw or reassert and substantiate or resubstantiate the claim in accordance with this section--
``(i) as necessary to determine whether the information qualifies for an exemption from disclosure in connection with a request for information received by the Administrator under section 552 of title 5, United States Code;
``(ii) if the Administrator has a reasonable basis to believe that the information does not qualify for protection against disclosure under subsection (a); or
``(iii) for any substance for which the Administrator has made a determination under section 6(c)(1)(B).
``(C) Action by recipient.--If the Administrator makes a request under subparagraph (A) or (B), the recipient of the request shall--
``(i) reassert and substantiate or resubstantiate the claim; or
``(ii) withdraw the claim.
``(D) Period of protection.--Protection from disclosure of information subject to a claim that is reviewed and approved by the Administrator under this paragraph shall be extended for a period of 10 years from the date of approval, subject to any subsequent request by the Administrator under this paragraph.
``(3) Unique identifier.--The Administrator shall--
``(A)(i) develop a system to assign a unique identifier to each specific chemical identity for which the Administrator approves a request for protection from disclosure, other than a specific chemical identity or structurally descriptive generic term; and
``(ii) apply that identifier consistently to all information relevant to the applicable chemical substance;
``(B) annually publish and update a list of chemical substances, referred to by unique identifier, for which claims to protect the specific chemical identity from disclosure have been approved, including the expiration date for each such claim;
``(C) ensure that any nonconfidential information received by the Administrator with respect to such a chemical substance during the period of protection from disclosure--
``(i) is made public; and
``(ii) identifies the chemical substance using the unique identifier; and
``(D) for each claim for protection of specific chemical identity that has been denied by the Administrator or expired, or that has been withdrawn by the submitter, provide public access to the specific chemical identity clearly linked to all nonconfidential information received by the Administrator with respect to the chemical substance.
``(g) Duties of Administrator.--
``(1) Determination.--
``(A) In general.--Except as provided in subsection (b), the Administrator shall, subject to subparagraph (C), not later than 90 days after the receipt of a claim under subsection (d), and not later than 30 days after the receipt of a request for extension of a claim under subsection (f), review and approve, modify, or deny the claim or request.
``(B) Reasons for denial or modification.--If the Administrator denies or modifies a claim or request under subparagraph (A), the Administrator shall provide to the person that submitted the claim or request a written statement of the reasons for the denial or modification of the claim or request.
``(C) Subsets.--The Administrator shall--
``(i) except for claims described in subsection (b)(8), review all claims or requests under this section for the protection against disclosure of the specific identity of a chemical substance; and
``(ii) review a representative subset, comprising at least 25 percent, of all other claims or requests for protection against disclosure.
``(D) Effect of failure to act.--The failure of the Administrator to make a decision regarding a claim or request for protection against disclosure or extension under this section shall not be the basis for denial or elimination of a claim or request for protection against disclosure.
``(2) Notification.--
``(A) In general.--Except as provided in subparagraph (B) and subsections (c), (e), and (f), if the Administrator denies or modifies a claim or request under paragraph (1), intends to release information pursuant to subsection (e), or promulgates a rule under section 6(d) establishing a ban or phase-out of a chemical substance, the Administrator shall notify, in writing and by certified mail, the person that submitted the claim of the intent of the Administrator to release the information.
``(B) Release of information.--Except as provided in subparagraph (C), the Administrator shall not release information under this subsection until the date that is 30 days after the date on which the person that submitted the request receives notification under subparagraph (A).
``(C) Exceptions.--
``(i) In general.--For information under paragraph (3) or
(8) of subsection (e), the Administrator shall not release that information until the date that is 15 days after the date on which the person that submitted the claim or request receives a notification, unless the Administrator determines that release of the information is necessary to protect against an imminent and substantial harm to health or the environment, in which case no prior notification shall be necessary.
``(ii) Notification as soon as practicable.--For information under paragraphs (4) and (6) of subsection (e), the Administrator shall notify the person that submitted the information that the information has been disclosed as soon as practicable after disclosure of the information.
``(iii) No notification required.--Notification shall not be required--
``(I) for the disclosure of information under paragraph
(1), (2), (7), or (9) of subsection (e); or
``(II) for the disclosure of information for which--
``(aa) a notice under subsection (f)(1)(C)(i) was received; and
``(bb) no request was received by the Administrator on or before the date of expiration of the period for which protection from disclosure applies.
``(3) Rebuttable presumption.--
``(A) In general.--With respect to notifications provided by the Administrator under paragraph (2) with respect to information pertaining to a chemical substance subject to a rule as described in subsection (c)(3), there shall be a rebuttable presumption that the public interest in disclosing confidential information related to a chemical substance subject to a rule promulgated under section 6(d) that establishes a ban or phase-out of the manufacture, processing, or distribution in commerce of the substance outweighs the proprietary interest in maintaining the protection from disclosure of that information.
``(B) Request for nondisclosure.--A person that receives a notification under paragraph (2) with respect to the information described in subparagraph (A) may submit to the Administrator, before the date on which the information is to be released pursuant to paragraph (2)(B), a request with supporting documentation describing why the person believes some or all of that information should not be disclosed.
``(C) Determination by administrator.--
``(i) In general.--Not later than 30 days after the Administrator receives a request under subparagraph (B), the Administrator shall determine whether the documentation provided by the person making the request rebuts or does not rebut the presumption described in subparagraph (A), for all or a portion of the information that the person has requested not be disclosed.
``(ii) Objective.--The Administrator shall make the determination with the objective of ensuring that information relevant to protection of health and the environment is disclosed to the maximum extent practicable.
``(D) Timing.--Not later than 30 days after making the determination described in subparagraph (C), the Administrator shall make public the information the Administrator has determined is not to be protected from disclosure.
``(E) No timely request received.--If the Administrator does not receive, before the date on which the information described in subparagraph (A) is to be released pursuant to paragraph (2)(B), a request pursuant to subparagraph (B), the Administrator shall promptly make public all of the information.
``(4) Appeals.--
``(A) In general.--If a person receives a notification under paragraph (2) and believes disclosure of the information is prohibited under subsection (a), before the date on which the information is to be released pursuant to paragraph (2)(B), the person may bring an action to restrain disclosure of the information in--
``(i) the United States district court of the district in which the complainant resides or has the principal place of business; or
``(ii) the United States District Court for the District of Columbia.
``(B) No disclosure.--The Administrator shall not disclose any information that is the subject of an appeal under this section before the date on which the applicable court rules on an action under subparagraph (A).
``(5) Request and notification system.--The Administrator, in consultation with the Director of the Centers for Disease Control and Prevention, shall develop a request and notification system that allows for expedient and swift access to information disclosed pursuant to paragraphs (5) and (6) of subsection (e) in a format and language that is readily accessible and understandable.
``(h) Criminal Penalty for Wrongful Disclosure.--
``(1) Officers and employees of united states.--
``(A) In general.--Subject to paragraph (2), a current or former officer or employee of the United States described in subparagraph (B) shall be guilty of a misdemeanor and fined under title 18, United States Code, or imprisoned for not more than 1 year, or both.
``(B) Description.--A current or former officer or employee of the United States referred to in subparagraph (A) is a current or former officer or employee of the United States who--
``(i) by virtue of that employment or official position has obtained possession of, or has access to, material the disclosure of which is prohibited by subsection (a); and
``(ii) knowing that disclosure of that material is prohibited by subsection (a), willfully discloses the material in any manner to any person not entitled to receive that material.
``(2) Other laws.--Section 1905 of title 18, United States Code, shall not apply with respect to the publishing, divulging, disclosure, making known of, or making available, information reported or otherwise obtained under this Act.
``(3) Contractors.--For purposes of this subsection, any contractor of the United States that is provided information in accordance with subsection (e)(2), including any employee of that contractor, shall be considered to be an employee of the United States.
``(i) Applicability.--
``(1) In general.--Except as otherwise provided in this section, section 8, or any other applicable Federal law, the Administrator shall have no authority--
``(A) to require the substantiation or resubstantiation of a claim for the protection from disclosure of information reported to or otherwise obtained by the Administrator under this Act before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act; or
``(B) to impose substantiation or resubstantiation requirements under this Act that are more extensive than those required under this section.
``(2) Actions prior to promulgation of rules.--Nothing in this Act prevents the Administrator from reviewing, requiring substantiation or resubstantiation for, or approving, modifying or denying any claim for the protection from disclosure of information before the effective date of such rules applicable to those claims as the Administrator may promulgate after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.''.
SEC. 15. PROHIBITED ACTS.
Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is amended by striking paragraph (1) and inserting the following:
``(1) fail or refuse to comply with--
``(A) any rule promulgated, consent agreement entered into, or order issued under section 4;
``(B) any requirement under section 5 or 6;
``(C) any rule promulgated, consent agreement entered into, or order issued under section 5 or 6; or
``(D) any requirement of, or any rule promulgated or order issued pursuant to title II;''.
SEC. 16. PENALTIES.
Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) is amended--
(1) in subsection (a)(1)--
(A) in the first sentence, by striking ``$25,000'' and inserting ``$37,500''; and
(B) in the second sentence, by striking`` violation of section 15 or 409'' and inserting ``violation of this Act''; and
(2) in subsection (b)--
(A) by striking ``Any person who'' and inserting the following:
``(1) In general.--Any person that'';
(B) by striking ``$25,000'' and inserting ``$50,000''; and
(C) by adding at the end the following:
``(2) Imminent danger of death or serious bodily injury.--
``(A) In general.--Any person that knowingly or willfully violates any provision of section 15 or 409, and that knows at the time of the violation that the violation places an individual in imminent danger of death or serious bodily injury, shall be subject on conviction to a fine of not more than $250,000, or imprisonment for not more than 15 years, or both.
``(B) Organizations.--An organization that commits a violation described in subparagraph (A) shall be subject on conviction to a fine of not more than $1,000,000 for each violation.
``(C) Incorporation of corresponding provisions.-- Subparagraphs (B) through (F) of section 113(c)(5) of the Clean Air Act (42 U.S.C. 7413(c)(5)) shall apply to the prosecution of a violation under this paragraph.''.
SEC. 17. STATE-FEDERAL RELATIONSHIP.
Section 18 of the Toxic Substances Control Act (15 U.S.C. 2617) is amended by striking subsections (a) and (b) and inserting the following:
``(a) In General.--
``(1) Establishment or enforcement.--Except as provided in subsections (c), (d), (e), (f), and (g), and subject to paragraph (2), no State or political subdivision of a State may establish or continue to enforce any of the following:
``(A) Testing.--A statute or administrative action to require the development of information on a chemical substance or category of substances that is reasonably likely to produce the same information required under section 4, 5, or 6 in--
``(i) a rule promulgated by the Administrator;
``(ii) a testing consent agreement entered into by the Administrator; or
``(iii) an order issued by the Administrator.
``(B) Chemical substances found to meet the safety standard or restricted.--A statute or administrative action to prohibit or otherwise restrict the manufacture, processing, or distribution in commerce or use of a chemical substance--
``(i) found to meet the safety standard and consistent with the scope of the determination made under section 6; or
``(ii) found not to meet the safety standard, after the effective date of the rule issued under section 6(d) for the substance, consistent with the scope of the determination made by the Administrator.
``(C) Significant new use.--A statute or administrative action requiring the notification of a use of a chemical substance that the Administrator has specified as a significant new use and for which the Administrator has required notification pursuant to a rule promulgated under section 5.
``(2) Effective date of preemption.--Under this subsection, Federal preemption of statutes and administrative actions applicable to specific substances shall not occur until the effective date of the applicable action described in paragraph (1) taken by the Administrator.
``(b) New Statutes or Administrative Actions Creating Prohibitions or Other Restrictions.--
``(1) In general.--Except as provided in subsections (c),
(d), (e), (f), and (g), beginning on the date on which the Administrator defines and publishes the scope of a safety assessment and safety determination under section 6(a)(2) and ending on the date on which the deadline established pursuant to section 6(a) for completion of the safety determination expires, or on the date on which the Administrator publishes the safety determination under section 6(a), whichever is earlier, no State or political subdivision of a State may establish a statute or administrative action prohibiting or restricting the manufacture, processing, distribution in commerce or use of a chemical substance that is a high- priority substance designated under section 4A.
``(2) Effect of subsection.--
``(A) In general.--This subsection does not restrict the authority of a State or political subdivision of a State to continue to enforce any statute enacted, or administrative action taken, prior to the date on which the Administrator defines and publishes the scope of a safety assessment and safety determination under section 6(a)(2).
``(B) Limitation.--Subparagraph (A) does not allow a State or political subdivision of a State to enforce any new prohibition or restriction under a statute or administrative action described in that subparagraph, if the prohibition or restriction is established after the date described in that subparagraph.
``(c) Scope of Preemption.--Federal preemption under subsections (a) and (b) of statutes and administrative actions applicable to specific substances shall apply only to--
``(1) the chemical substances or category of substances subject to a rule, order, or consent agreement under section 4;
``(2) the hazards, exposures, risks, and uses or conditions of use of such substances that are identified by the Administrator as subject to review in a safety assessment and included in the scope of the safety determination made by the Administrator for the substance, or of any rule the Administrator promulgates pursuant to section 6(d); or
``(3) the uses of such substances that the Administrator has specified as significant new uses and for which the Administrator has required notification pursuant to a rule promulgated under section 5.
``(d) Exceptions.--
``(1) No preemption of statutes and administrative actions.--
``(A) In general.--Nothing in this Act, nor any amendment made by this Act, nor any rule, standard of performance, safety determination, or scientific assessment implemented pursuant to this Act, shall affect the right of a State or a political subdivision of a State to adopt or enforce any rule, standard of performance, safety determination, scientific assessment, or any protection for public health or the environment that--
``(i) is adopted or authorized under the authority of any other Federal law or adopted to satisfy or obtain authorization or approval under any other Federal law;
``(ii) implements a reporting, monitoring, disclosure, or other information obligation for the chemical substance not otherwise required by the Administrator under this Act or required under any other Federal law;
``(iii) is adopted pursuant to authority under a law of the State or political subdivision of the State related to water quality, air quality, or waste treatment or disposal, except to the extent that the action--
``(I) imposes a restriction on the manufacture, processing, distribution in commerce, or use of a chemical substance; and
``(II)(aa) addresses the same hazards and exposures, with respect to the same conditions of use as are included in the scope of the safety determination pursuant to section 6, but is inconsistent with the action of the Administrator; or
``(bb) would cause a violation of the applicable action by the Administrator under section 5 or 6; or
``(iv) subject to subparagraph (B), is identical to a requirement prescribed by the Administrator.
``(B) Identical requirements.--
``(i) In general.--The penalties and other sanctions applicable under a law of a State or political subdivision of a State in the event of noncompliance with the identical requirement shall be no more stringent than the penalties and other sanctions available to the Administrator under section 16 of this Act.
``(ii) Penalties.--In the case of an identical requirement--
``(I) a State or political subdivision of a State may not assess a penalty for a specific violation for which the Administrator has assessed an adequate penalty under section 16; and
``(II) if a State or political subdivision of a State has assessed a penalty for a specific violation, the Administrator may not assess a penalty for that violation in an amount that would cause the total of the penalties assessed for the violation by the State or political subdivision of a State and the Administrator combined to exceed the maximum amount that may be assessed for that violation by the Administrator under section 16.
``(2) Applicability to certain rules or orders.-- Notwithstanding subsection (e)--
``(A) nothing in this section shall be construed as modifying the effect under this section, as in effect on the day before the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, of any rule or order promulgated or issued under this Act prior to that effective date; and
``(B) with respect to a chemical substance or mixture for which any rule or order was promulgated or issued under section 6 prior to the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act with regards to manufacturing, processing, distribution in commerce, use, or disposal of a chemical substance, this section (as in effect on the day before the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act) shall govern the preemptive effect of any rule or order that is promulgated or issued respecting such chemical substance or mixture under section 6 of this Act after that effective date, unless the latter rule or order is with respect to a chemical substance or mixture containing a chemical substance and follows a designation of that chemical substance as a high-priority substance under subsection (b) or (c) of section 4A or as an additional priority for safety assessment and safety determination under section 4A(c).
``(e) Preservation of Certain Laws.--
``(1) In general.--Nothing in this Act, subject to subsection (g) of this section, shall--
``(A) be construed to preempt or otherwise affect the authority of a State or political subdivision of a State to continue to enforce any action taken before August 1, 2015, under the authority of a law of the State or political subdivision of the State that prohibits or otherwise restricts manufacturing, processing, distribution in commerce, use, or disposal of a chemical substance; or
``(B) be construed to preempt or otherwise affect any action taken pursuant to a State law that was in effect on August 31, 2003.
``(2) Effect of subsection.--This subsection does not affect, modify, or alter the relationship between Federal law and laws of a State or political subdivision of a State pursuant to any other Federal law.
``(f) Waivers.--
``(1) Discretionary exemptions.--Upon application of a State or political subdivision of a State, the Administrator may by rule, exempt from subsection (a), under such conditions as may be prescribed in the rule, a statute or administrative action of that State or political subdivision of the State that relates to the effects of, or exposure to, a chemical substance under the conditions of use if the Administrator determines that--
``(A) compelling conditions warrant granting the waiver to protect health or the environment;
``(B) compliance with the proposed requirement of the State or political subdivision of the State would not unduly burden interstate commerce in the manufacture, processing, distribution in commerce, or use of a chemical substance;
``(C) compliance with the proposed requirement of the State or political subdivision of the State would not cause a violation of any applicable Federal law, rule, or order; and
``(D) in the judgment of the Administrator, the proposed requirement of the State or political subdivision of the State is designed to address a risk of a chemical substance, under the conditions of use, that was identified--
``(i) consistent with the best available science;
``(ii) using supporting studies conducted in accordance with sound and objective scientific practices; and
``(iii) based on the weight of the scientific evidence.
``(2) Required exemptions.--Upon application of a State or political subdivision of a State, the Administrator shall exempt from subsection (b) a statute or administrative action of a State or political subdivision of a State that relates to the effects of exposure to a chemical substance under the conditions of use if the Administrator determines that--
``(A) compliance with the proposed requirement of the State or political subdivision of the State would not unduly burden interstate commerce in the manufacture, processing, distribution in commerce, or use of a chemical substance;
``(B) compliance with the proposed requirement of the State or political subdivision of the State would not cause a violation of any applicable Federal law, rule, or order; and
``(C) the State or political subdivision of the State has a concern about the chemical substance or use of the chemical substance based in peer-reviewed science.
``(3) Determination of a waiver request.--The duty of the Administrator to grant or deny a waiver application shall be nondelegable and shall be exercised--
``(A) not later than 180 days after the date on which an application under paragraph (1) is submitted; and
``(B) not later than 110 days after the date on which an application under paragraph (2) is submitted.
``(4) Failure to make determination.--If the Administrator fails to make a determination under paragraph (3)(B) during the 110-day period beginning on the date on which an application under paragraph (2) is submitted, the statute or administrative action of the State or political subdivision of the State that was the subject of the application shall not be considered to be an existing statute or administrative action for purposes of subsection (b) by reason of the failure of the Administrator to make a determination.
``(5) Notice and comment.--Except in the case of an application approved under paragraph (9), the application of a State or political subdivision of a State shall be subject to public notice and comment.
``(6) Final agency action.--The decision of the Administrator on the application of a State or political subdivision of a State shall be--
``(A) considered to be a final agency action; and
``(B) subject to judicial review.
``(7) Duration of waivers.--A waiver granted under paragraph (2) or approved under paragraph (9) shall remain in effect until such time as the Administrator publishes the safety determination under section 6(a)(4).
``(8) Judicial review of waivers.--Not later than 60 days after the date on which the Administrator makes a determination on an application of a State or political subdivision of a State under paragraph (1) or (2), any person may file a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit, which shall have exclusive jurisdiction over the determination.
``(9) Approval.--
``(A) Automatic approval.--If the Administrator fails to meet the deadline established under paragraph (3)(B), the application of a State or political subdivision of a State under paragraph (2) shall be automatically approved, effective on the date that is 10 days after the deadline.
``(B) Requirements.--Notwithstanding paragraph (6), approval of a waiver application under subparagraph (A) for failure to meet the deadline under paragraph (3)(B) shall not be considered final agency action or be subject to judicial review or public notice and comment.
``(g) Savings.--
``(1) No preemption of common law or statutory causes of action for civil relief or criminal conduct.--
``(A) In general.--Nothing in this Act, nor any amendment made by this Act, nor any safety standard, rule, requirement, standard of performance, safety determination, or scientific assessment implemented pursuant to this Act, shall be construed to preempt, displace, or supplant any state or Federal common law rights or any state or Federal statute creating a remedy for civil relief, including those for civil damage, or a penalty for a criminal conduct.
``(B) Clarification of no preemption.--Notwithstanding any other provision of this Act, nothing in this Act, nor any amendments made by this Act, shall preempt or preclude any cause of action for personal injury, wrongful death, property damage, or other injury based on negligence, strict liability, products liability, failure to warn, or any other legal theory of liability under any State law, maritime law, or Federal common law or statutory theory.
``(2) No effect on private remedies.--
``(A) In general.--Nothing in this Act, nor any amendments made by this Act, nor any rules, regulations, requirements, safety assessments, safety determinations, scientific assessments, or orders issued pursuant to this Act shall be interpreted as, in either the plaintiff's or defendant's favor, dispositive in any civil action.
``(B) Authority of courts.--This Act does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable State or Federal law with respect to the admission into evidence or any other use of this Act or rules, regulations, requirements, standards of performance, safety assessments, scientific assessments, or orders issued pursuant to this Act.''.
SEC. 18. JUDICIAL REVIEW.
Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the first sentence--
(aa) by striking ``Not'' and inserting ``Except as otherwise provided in this title, not'';
(bb) by striking ``section 4(a), 5(a)(2), 5(b)(4), 6(a), 6(e), or 8, or under title II or IV'' and inserting ``this title or title II or IV, or an order under section 6(c)(1)(A)''; and
(cc) by striking ``judicial review of such rule'' and inserting ``judicial review of such rule or order''; and
(II) in the second sentence, by striking ``such a rule'' and inserting ``such a rule or order''; and
(ii) in subparagraph (B)--
(I) by striking ``Courts'' and inserting ``Except as otherwise provided in this title, courts''; and
(II) by striking ``an order issued under subparagraph (A) or (B) of section 6(b)(1)'' and inserting ``an order issued under this title'';
(B) in paragraph (2), in the second sentence, by striking
``the filing of the rulemaking record of proceedings on which the Administrator based the rule being reviewed'' and inserting ``the filing of the record of proceedings on which the Administrator based the rule or order being reviewed''; and
(C) by striking paragraph (3) and inserting the following:
``(3) Judicial review of low-priority decisions.--
``(A) In general.--Not later than 60 days after the publication of a designation under section 4A(b)(4), or a designation under section 4A(b)(8) of a chemical substance as a low-priority substance, any person may commence a civil action to challenge the designation.
``(B) Jurisdiction.--The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over a civil action filed under this paragraph.''; and
(2) in subsection (c)(1)(B)--
(A) in clause (i)--
(i) by striking ``section 4(a), 5(b)(4), 6(a), or 6(e)'' and inserting ``section 4(a), 6(d), or 6(g), or an order under section 6(c)(1)(A)''; and
(ii) by striking ``evidence in the rulemaking record (as defined in subsection (a)(3)) taken as a whole;'' and inserting ``evidence (including any matter) in the rulemaking record, taken as a whole; and''; and
(B) by striking clauses (ii) and (iii) and the matter following clause (iii) and inserting the following:
``(ii) the court may not review the contents and adequacy of any statement of basis and purpose required by section 553(c) of title 5, United States Code, to be incorporated in the rule, except as part of the rulemaking record, taken as a whole.''.
SEC. 19. CITIZENS' CIVIL ACTIONS.
Section 20 of the Toxic Substances Control Act (15 U.S.C. 2619) is amended--
(1) in subsection (a)(1), by striking ``or order issued under section 5'' and inserting ``or order issued under section 4 or 5''; and
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the end and inserting ``, except that no prior notification shall be required in the case of a civil action brought to compel a decision by the Administrator pursuant to section 18(f)(3)(B); or''; and
(C) by adding at the end the following:
``(3) in the case of a civil action brought to compel a decision by the Administrator pursuant to section 18(f)(3)(B), after the date that is 60 days after the deadline specified in section 18(f)(3)(B).''.
SEC. 20. CITIZENS' PETITIONS.
Section 21 of the Toxic Substances Control Act (15 U.S.C. 2620) is amended--
(1) in subsection (a), by striking ``an order under section 5(e) or 6(b)(2)'' and inserting ``an order under section 4 or 5(d)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``an order under section 5(e), 6(b)(1)(A), or 6(b)(1)(B)'' and inserting ``an order under section 4 or 5(d)''; and
(B) in paragraph (4), by striking subparagraph (B) and inserting the following:
``(B) De novo proceeding.--
``(i) In general.--In an action under subparagraph (A) to initiate a proceeding to issue a rule pursuant to section 4, 5, 6, or 8 or issue an order under section 4 or 5(d), the petitioner shall be provided an opportunity to have the petition considered by the court in a de novo proceeding.
``(ii) Demonstration.--
``(I) In general.--The court in a de novo proceeding under this subparagraph shall order the Administrator to initiate the action requested by the petitioner if the petitioner demonstrates to the satisfaction of the court by a preponderance of the evidence that--
``(aa) in the case of a petition to initiate a proceeding for the issuance of a rule or order under section 4, the information is needed for a purpose identified in section 4(a);
``(bb) in the case of a petition to issue an order under section 5(d), the chemical substance is not likely to meet the safety standard;
``(cc) in the case of a petition to initiate a proceeding for the issuance of a rule under section 6(d), the chemical substance does not meet the safety standard; or
``(dd) in the case of a petition to initiate a proceeding for the issuance of a rule under section 8, there is a reasonable basis to conclude that the rule is necessary to protect health or the environment or ensure that the chemical substance meets the safety standard.
``(II) Deferment.--The court in a de novo proceeding under this subparagraph may permit the Administrator to defer initiating the action requested by the petitioner until such time as the court prescribes, if the court finds that--
``(aa) the extent of the risk to health or the environment alleged by the petitioner is less than the extent of risks to health or the environment with respect to which the Administrator is taking action under this Act; and
``(bb) there are insufficient resources available to the Administrator to take the action requested by the petitioner.''.
SEC. 21. EMPLOYMENT EFFECTS.
Section 24(b)(2)(B)(ii) of the Toxic Substances Control Act
(15 U.S.C. 2623(b)(2)(B)(ii)) is amended by striking
``section 6(c)(3),'' and inserting ``the applicable requirements of this Act;''.
SEC. 22. STUDIES.
Section 25 of the Toxic Substances Control Act (15 U.S.C. 2624) is repealed.
SEC. 23. ADMINISTRATION.
Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Fees.--
``(1) In general.--The Administrator shall establish, not later than 1 year after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, by rule--
``(A) the payment of 1 or more reasonable fees as a condition of submitting a notice or requesting an exemption under section 5; and
``(B) the payment of 1 or more reasonable fees by a manufacturer or processor that--
``(i) is required to submit a notice pursuant to the rule promulgated under section 8(b)(4)(A)(i) identifying a chemical substance as active;
``(ii) is required to submit a notice pursuant to section 8(b)(5)(B)(i) changing the status of a chemical substance from inactive to active;
``(iii) is required to report information pursuant to the rules promulgated under paragraph (1) or (4) of section 8(a); or
``(iv) manufactures or processes a chemical substance subject to a safety assessment and safety determination pursuant to section 6.
``(2) Utilization and collection of fees.--The Administrator shall--
``(A) utilize the fees collected under paragraph (1) only to defray costs associated with the actions of the Administrator--
``(i) to collect, process, review, provide access to, and protect from disclosure (where appropriate) information on chemical substances under this Act;
``(ii) to review notices and make determinations for chemical substances under paragraphs (1) and (3) of section 5(d) and impose any necessary restrictions under section 5(d)(4);
``(iii) to make prioritization decisions under section 4A;
``(iv) to conduct and complete safety assessments and determinations under section 6; and
``(v) to conduct any necessary rulemaking pursuant to section 6(d);
``(B) insofar as possible, collect the fees described in paragraph (1) in advance of conducting any fee-supported activity;
``(C) deposit the fees in the Fund established by paragraph
(4)(A); and
``(D) insofar as possible, not collect excess fees or retain a significant amount of unused fees.
``(3) Amount and adjustment of fees; refunds.--In setting fees under this section, the Administrator shall--
``(A) prescribe lower fees for small business concerns, after consultation with the Administrator of the Small Business Administration;
``(B) set the fees established under paragraph (1) at levels such that the fees will, in aggregate, provide a sustainable source of funds to annually defray--
``(i) the lower of--
``(I) 25 percent of the costs of conducting the activities identified in paragraph (2)(A), other than the costs to conduct and complete safety assessments and determinations under section 6 for chemical substances identified pursuant to section 4A(c); or
``(II) $25,000,000 (subject to adjustment pursuant to subparagraph (F)); and
``(ii) the full costs and the 50-percent portion of the costs of safety assessments and safety determinations specified in subparagraph (D);
``(C) reflect an appropriate balance in the assessment of fees between manufacturers and processors, and allow the payment of fees by consortia of manufacturers or processors;
``(D) notwithstanding subparagraph (B) and paragraph
(4)(D)--
``(i) for substances designated pursuant to section 4A(c)(1), establish the fee at a level sufficient to defray the full annual costs to the Administrator of conducting the safety assessment and safety determination under section 6; and
``(ii) for substances designated pursuant to section 4A(c)(3), establish the fee at a level sufficient to defray 50 percent of the annual costs to the Administrator of conducting the safety assessment and safety determination under section 6;
``(E) prior to the establishment or amendment of any fees under paragraph (1), consult and meet with parties potentially subject to the fees or their representatives, subject to the condition that no obligation under the Federal Advisory Committee Act (5 U.S.C. App.) or subchapter III of chapter 5 of title 5, United States Code, is applicable with respect to such meetings;
``(F) beginning with the fiscal year that is 3 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and every 3 years thereafter, after consultation with parties potentially subject to the fees and their representatives pursuant to subparagraph (E), increase or decrease the fees established under paragraph (1) as necessary to adjust for inflation and to ensure, based on the audit analysis required under paragraph (5)(B), that funds deposited in the Fund are sufficient to defray--
``(i) approximately but not more than 25 percent of the annual costs to conduct the activities identified in paragraph (2)(A), other than the costs to conduct and complete safety assessments and determinations under section 6 for chemical substances identified pursuant to section 4A(c); and
``(ii) the full annual costs and the 50-percent portion of the annual costs of safety assessments and safety determinations specified in subparagraph (D);
``(G) adjust fees established under paragraph (1) as necessary to vary on account of differing circumstances, including reduced fees or waivers in appropriate circumstances, to reduce the burden on manufacturing or processing, remove barriers to innovation, or where the costs to the Administrator of collecting the fees exceed the fee revenue anticipated to be collected; and
``(H) if a notice submitted under section 5 is refused or subsequently withdrawn, refund the fee or a portion of the fee if no substantial work was performed on the notice.
``(4) TSCA implementation fund.--
``(A) Establishment.--There is established in the Treasury of the United States a fund, to be known as the `TSCA Implementation Fund' (referred to in this subsection as the
`Fund'), consisting of--
``(i) such amounts as are deposited in the Fund under paragraph (2)(C); and
``(ii) any interest earned on the investment of amounts in the Fund; and
``(iii) any proceeds from the sale or redemption of investments held in the Fund.
``(B) Crediting and availability of fees.--
``(i) In general.--Fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts, and shall be available without fiscal year limitation.
``(ii) Requirements.--Fees collected under this section shall not--
``(I) be made available or obligated for any purpose other than to defray the costs of conducting the activities identified in paragraph (2)(A);
``(II) otherwise be available for any purpose other than implementation of this Act; and
``(III) so long as amounts in the Fund remain available, be subject to restrictions on expenditures applicable to the Federal government as a whole.
``(C) Unused funds.--Amounts in the Fund not currently needed to carry out this subsection shall be--
``(i) maintained readily available or on deposit;
``(ii) invested in obligations of the United States or guaranteed by the United States; or
``(iii) invested in obligations, participations, or other instruments that are lawful investments for fiduciary, trust, or public funds.
``(D) Minimum amount of appropriations.--Fees may not be assessed for a fiscal year under this section unless the amount of appropriations for the Chemical Risk Review and Reduction program project of the Environmental Protection Agency for the fiscal year (excluding the amount of any fees appropriated for the fiscal year) are equal to or greater than the amount of appropriations for that program project for fiscal year 2014.
``(5) Auditing.--
``(A) Financial statements of agencies.--For the purpose of section 3515(c) of title 31, United States Code, the Fund shall be considered a component of an executive agency.
``(B) Components.--The annual audit required under sections 3515(b) and 3521 of that title of the financial statements of activities under this subsection shall include an analysis of--
``(i) the fees collected under paragraph (1) and disbursed;
``(ii) compliance with the deadlines established in section 6 of this Act;
``(iii) the amounts budgeted, appropriated, collected from fees, and disbursed to meet the requirements of sections 4, 4A, 5, 6, 8, and 14, including the allocation of full time equivalent employees to each such section or activity; and
``(iv) the reasonableness of the allocation of the overhead associated with the conduct of the activities described in paragraph (2)(A).
``(C) Inspector general.--The Inspector General of the Environmental Protection Agency shall--
``(i) conduct the annual audit required under this subsection; and
``(ii) report the findings and recommendations of the audit to the Administrator and to the appropriate committees of Congress.
``(6) Termination.--The authority provided by this section shall terminate at the conclusion of the fiscal year that is 10 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, unless otherwise reauthorized or modified by Congress.'';
(2) in subsection (e), by striking ``Health, Education, and Welfare'' each place it appears and inserting ``Health and Human Services''; and
(3) adding at the end the following:
``(h) Prior Actions.--Nothing in this Act eliminates, modifies, or withdraws any rule promulgated, order issued, or exemption established pursuant to this Act before the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.''.
SEC. 24. DEVELOPMENT AND EVALUATION OF TEST METHODS AND
SUSTAINABLE CHEMISTRY.
(a) In General.--Section 27 of the Toxic Substances Control Act (15 U.S.C. 2626) is amended--
(1) in subsection (a), in the first sentence by striking
``Health, Education, and Welfare'' and inserting ``Health and Human Services''; and
(2) by adding at the end the following:
``(c) National Coordinating Entity for Sustainable Chemistry.--
``(1) Establishment.--Not later than 180 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Director of the Office of Science and Technology Policy shall convene an entity under the National Science and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry, including, as appropriate, at the National Science Foundation, the Department of Energy, the Department of Agriculture, the Environmental Protection Agency, the National Institute of Standards and Technology, the Department of Defense, the National Institutes of Health, and other related Federal agencies.
``(2) Chairman.--The entity described in paragraph (1) shall be chaired by the Director of the National Science Foundation and the Assistant Administrator for the Office of Research and Development of the Environmental Protection Agency, or their designees.
``(3) Duties.--
``(A) In general.--The entity described in paragraph (1) shall--
``(i) develop a working definition of sustainable chemistry, after seeking advice and input from stakeholders as described in clause (v);
``(ii) oversee the planning, management, and coordination of the Sustainable Chemistry Initiative described in subsection (d);
``(iii) develop a national strategy for sustainable chemistry as described in subsection (f);
``(iv) develop an implementation plan for sustainable chemistry as described in subsection (g); and
``(v) consult and coordinate with stakeholders qualified to provide advice and information on the development of the initiative, national strategy, and implementation plan for sustainable chemistry, at least once per year, to carry out activities that may include workshops, requests for information, and other efforts as necessary.
``(B) Stakeholders.--The stakeholders described in subparagraph (A)(v) shall include representatives from--
``(i) industry (including small- and medium-sized enterprises from across the value chain);
``(ii) the scientific community (including the National Academy of Sciences, scientific professional societies, and academia);
``(iii) the defense community;
``(iv) State, tribal, and local governments;
``(v) State or regional sustainable chemistry programs;
``(vi) nongovernmental organizations; and
``(vii) other appropriate organizations.
``(4) Sunset.--
``(A) In general.--On completion of the national strategy and accompanying implementation plan for sustainable chemistry as described in paragraph (3), the Director of the Office of Science and Technology Policy--
``(i) shall review the need for further work; and
``(ii) may disband the entity described in paragraph (1) if no further efforts are determined to be necessary.
``(B) Notice and justification.--The Director of the Office of Science and Technology Policy shall provide notice and justification, including an analysis of options to establish the Sustainable Chemistry Initiative described in subsection
(d) and the partnerships described in subsection (e) within 1 or more appropriate Federal agencies, regarding a decision to disband the entity not less than 90 days prior to the termination date to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate.
``(d) Sustainable Chemistry Initiative.--The entity described in subsection (c)(1) shall oversee the establishment of an interagency Sustainable Chemistry Initiative to promote and coordinate activities designed--
``(1) to provide sustained support for sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training through--
``(A) coordination and promotion of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal and national laboratories and Federal agencies and at public and private institutions of higher education; and
``(B) to the extent practicable, encouragement of consideration of sustainable chemistry in, as appropriate--
``(i) the conduct of Federal, State, and private science and engineering research and development; and
``(ii) the solicitation and evaluation of applicable proposals for science and engineering research and development;
``(2) to examine methods by which the Federal Government can offer incentives for consideration and use of sustainable chemistry processes and products that encourage competition and overcoming market barriers, including grants, loans, loan guarantees, and innovative financing mechanisms;
``(3) to expand the education and training of undergraduate and graduate students and professional scientists and engineers, including through partnerships with industry as described in subsection (e), in sustainable chemistry science and engineering;
``(4) to collect and disseminate information on sustainable chemistry research, development, and technology transfer, including information on--
``(A) incentives and impediments to development, manufacturing, and commercialization;
``(B) accomplishments;
``(C) best practices; and
``(D) costs and benefits; and
``(5) to support (including through technical assistance, participation, financial support, or other forms of support) economic, legal, and other appropriate social science research to identify barriers to commercialization and methods to advance commercialization of sustainable chemistry.
``(e) Partnerships in Sustainable Chemistry.--
``(1) In general.--The entity described in subsection
(c)(1), itself or through an appropriate subgroup designated or established by the entity, shall work through the agencies described in subsection (c)(1) to support, through financial, technical, or other assistance, the establishment of partnerships between institutions of higher education, nongovernmental organizations, consortia, and companies across the value chain in the chemical industry, including small- and medium-sized enterprises--
``(A) to establish collaborative research, development, demonstration, technology transfer, and commercialization programs; and
``(B) to train students and retrain professional scientists and engineers in the use of sustainable chemistry concepts and strategies by methods including--
``(i) developing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists and engineers; and
``(ii) publicizing the availability of professional development courses in sustainable chemistry and recruiting scientists and engineers to pursue those courses.
``(2) Private sector entities.--To be eligible for support under this section, a partnership in sustainable chemistry shall include at least 1 private sector entity.
``(3) Selection of partnerships.--In selecting partnerships for support under this section, the entity and the agencies described in subsection (c)(1) shall also consider the extent to which the applicants are willing and able to demonstrate evidence of support for, and commitment--
``(A) to achieving the goals of the Sustainable Chemistry Initiative described in subsection (d); and
``(B) to sustaining any new innovations, tools, and resources generated from funding under the program.
``(4) Prohibited use of funds.--Financial support provided under this section may not be used--
``(A) to support or expand a regulatory chemical management program at an implementing agency under a State law; or
``(B) to construct or renovate a building or structure.
``(f) National Strategy to Congress.--
``(1) In general.--Not later than 2 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the entity described in subsection (c)(1) shall submit to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate, a national strategy that shall include--
``(A) a summary of federally funded sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;
``(B) a summary of the financial resources allocated to sustainable chemistry initiatives;
``(C) an analysis of the progress made toward achieving the goals and priorities of the Sustainable Chemistry Initiative described in subsection (d), and recommendations for future initiative activities, including consideration of options to establish the Sustainable Chemistry Initiative and the partnerships described in subsection (e) within 1 or more appropriate Federal agencies;
``(D) an assessment of the benefits of expanding existing, federally supported regional innovation and manufacturing hubs to include sustainable chemistry and the value of directing the establishment of 1 or more dedicated sustainable chemistry centers of excellence or hubs;
``(E) an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices between participating agencies in the Sustainable Chemistry Initiative; and
``(F) a framework for advancing sustainable chemistry research, development, technology transfer, commercialization, and education and training.
``(2) Submission to gao.--The entity described in subsection (c)(1) shall submit the national strategy described in paragraph (1) to the Government Accountability Office for consideration in future Congressional inquiries.
``(g) Implementation Plan.--Not later than 3 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the entity described in subsection (c)(1) shall submit to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate, an implementation plan, based on the findings of the national strategy and other assessments, as appropriate, for sustainable chemistry.''.
(b) Sustainable Chemistry Basic Research.--Subject to the availability of appropriated funds, the Director of the National Science Foundation shall continue to carry out the Green Chemistry Basic Research program authorized under section 509 of the National Science Foundation Authorization Act of 2010 (42 U.S.C. 1862p-3).
SEC. 25. STATE PROGRAMS.
Section 28 of the Toxic Substances Control Act (15 U.S.C. 2627) is amended--
(1) in subsection (b)(1)--
(A) in subparagraphs (A) through (D), by striking the comma at the end of each subparagraph and inserting a semicolon; and
(B) in subparagraph (E), by striking ``, and'' and inserting ``; and''; and
(2) by striking subsections (c) and (d).
SEC. 26. AUTHORIZATION OF APPROPRIATIONS.
Section 29 of the Toxic Substances Control Act (15 U.S.C. 2628) is repealed.
SEC. 27. ANNUAL REPORT.
Section 30 of the Toxic Substances Control Act (15 U.S.C. 2629) is amended by striking paragraph (2) and inserting the following:
``(2)(A) the number of notices received during each year under section 5; and
``(B) the number of the notices described in subparagraph
(A) for chemical substances subject to a rule, testing consent agreement, or order under section 4;''.
SEC. 28. EFFECTIVE DATE.
Section 31 of the Toxic Substances Control Act (15 U.S.C. 2601 note; Public Law 94-469) is amended--
(1) by striking ``Except as provided in section 4(f), this'' and inserting the following:
``(a) In General.--This''; and
(2) by adding at the end the following:
``(b) Retroactive Applicability.--Nothing in this Act shall be interpreted to apply retroactively to any State, Federal, or maritime legal action commenced prior to the effective date of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.''.
SEC. 29. ELEMENTAL MERCURY.
(a) Temporary Generator Accumulation.--Section 5 of the Mercury Export Ban Act of 2008 (42 U.S.C. 6939f) is amended--
(1) in subsection (a)(2), by striking ``2013'' and inserting ``2019'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A), (B), and (C), as clauses (i), (ii), and (iii), respectively and indenting appropriately;
(ii) in the first sentence, by striking ``After consultation'' and inserting the following:
``(A) Assessment and collection.--After consultation'';
(iii) in the second sentence, by striking ``The amount of such fees'' and inserting the following:
``(B) Amount.--The amount of the fees described in subparagraph (A)'';
(iv) in subparagraph (B) (as so designated)--
(I) in clause (i) (as so redesignated), by striking
``publically available not later than October 1, 2012'' and inserting ``publicly available not later than October 1, 2018'';
(II) in clause (ii) (as so redesignated), by striking
``and'';
(III) in clause (iii) (as so redesignated), by striking the period at the end and inserting ``, subject to clause (iv); and''; and
(IV) by adding at the end the following:
``(iv) for generators temporarily accumulating elemental mercury in a facility subject to subparagraphs (B) and
(D)(iv) of subsection (g)(2) if the facility designated in subsection (a) is not operational by January 1, 2019, shall be adjusted to subtract the cost of the temporary accumulation during the period in which the facility designated under subsection (a) is not operational.''; and
(v) by adding at the end the following:
``(C) Conveyance of title and permitting.--If the facility designated in subsection (a) is not operational by January 1, 2020, the Secretary--
``(i) shall immediately accept the conveyance of title to all elemental mercury that has accumulated in facilities in accordance with subsection (g)(2)(D), before January 1, 2020, and deliver the accumulated mercury to the facility designated under subsection (a) on the date on which the facility becomes operational;
``(ii) shall pay any applicable Federal permitting costs, including the costs for permits issued under section 3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c)); and
``(iii) shall store, or pay the cost of storage of, until the time at which a facility designated in subsection (a) is operational, accumulated mercury to which the Secretary has title under this subparagraph in a facility that has been issued a permit under section 3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c)).''; and
(B) in paragraph (2), in the first sentence, by striking
``paragraph (1)(C)'' and inserting ``paragraph (1)(B)(iii)''; and
(3) in subsection (g)(2)--
(A) in the undesignated material at the end, by striking
``This subparagraph'' and inserting the following:
``(C) Subparagraph (B)'';
(B) in subparagraph (C) (as added by paragraph (1)), by inserting ``of that subparagraph'' before the period at the end; and
(C) by adding at the end the following:
``(D) A generator producing elemental mercury incidentally from the beneficiation or processing of ore or related pollution control activities, may accumulate the mercury produced onsite that is destined for a facility designated by the Secretary under subsection (a), for more than 90 days without a permit issued under section 3005(c) of the Solid Waste Disposal Act (42 U.S.C. 6925(c)), and shall not be subject to the storage prohibition of section 3004(j) of that Act (42 U.S.C. 6924(j)), if--
``(i) the Secretary is unable to accept the mercury at a facility designated by the Secretary under subsection (a) for reasons beyond the control of the generator;
``(ii) the generator certifies in writing to the Secretary that the generator will ship the mercury to a designated facility when the Secretary is able to accept the mercury;
``(iii) the generator certifies in writing to the Secretary that the generator is storing only mercury the generator has produced or recovered onsite and will not sell, or otherwise place into commerce, the mercury; and
``(iv) the generator has obtained an identification number under section 262.12 of title 40, Code of Federal Regulations, and complies with the requirements described in paragraphs (1) through (4) of section 262.34(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph).
``(E) Management standards for temporary storage.--Not later than January 1, 2017, the Secretary, after consultation with the Administrator of the Environmental Protection Agency and State agencies in affected States, shall develop and make available guidance that establishes procedures and standards for the management and short-term storage of elemental mercury at a generator covered under subparagraph (D), including requirements to ensure appropriate use of flasks or other suitable containers. Such procedures and standards shall be protective of human health and the environment and shall ensure that the elemental mercury is stored in a safe, secure, and effective manner. A generator may accumulate mercury in accordance with subparagraph (D) immediately upon enactment of this Act, and notwithstanding that guidance called for by this paragraph (E) has not been developed or made available.''.
(b) Interim Status.--Section 5(d)(1) of the Mercury Export Ban Act of 2008 (42 U.S.C. 6939f(d)(1)) is amended--
(1) in the fourth sentence, by striking ``in existence on or before January 1, 2013,''; and
(2) in the last sentence, by striking ``January 1, 2015'' and inserting ``January 1, 2020''.
(c) Mercury Inventory.--Section 8(b) of the Toxic Substances Control Act (15 U.S.C. 2607(b)) (as amended by section 10(2)) is amended by adding at the end the following:
``(10) Mercury.--
``(A) Definition of mercury.--In this paragraph, notwithstanding section 3(2)(B), the term `mercury' means--
``(i) elemental mercury; and
``(ii) a mercury compound.
``(B) Publication.--Not later than April 1, 2017, and every 3 years thereafter, the Administrator shall publish in the Federal Register an inventory of mercury supply, use, and trade in the United States.
``(C) Process.--In carrying out the inventory under subparagraph (B), the Administrator shall--
``(i) identify any remaining manufacturing processes or products that intentionally add mercury; and
``(ii) recommend actions, including proposed revisions of Federal law (including regulations), to achieve further reductions in mercury use.
``(D) Reporting.--
``(i) In general.--To assist in the preparation of the inventory under subparagraph (B), any person who manufactures mercury or mercury-added products or otherwise intentionally uses mercury in a manufacturing process shall make periodic reports to the Administrator, at such time and including such information as the Administrator shall determine by rule promulgated not later than 2 years after the date of enactment of this paragraph.
``(ii) Coordination.--To avoid duplication, the Administrator shall coordinate the reporting under this subparagraph with the Interstate Mercury Education and Reduction Clearinghouse.
``(iii) Exemption.--This subparagraph shall not apply to a person engaged in the generation, handling, or management of mercury-containing waste, unless that person manufactures or recovers mercury in the management of that waste.''.
(d) Prohibition on Export of Certain Mercury Compounds.-- Section 12(c) of the Toxic Substances Control Act (15 U.S.C. 2611(c)) (as amended by section 13(3)) is amended--
(1) in the subsection heading, by inserting ``and Mercury Compounds'' after ``Mercury''; and
(2) by inserting after paragraph (2) the following:
``(3) Prohibition on export of certain mercury compounds.--
``(A) In general.--Effective January 1, 2020, the export of the following mercury compounds is prohibited:
``(i) Mercury (I) chloride or calomel.
``(ii) Mercury (II) oxide.
``(iii) Mercury (II) sulfate.
``(iv) Mercury (II) nitrate.
``(v) Cinnabar or mercury sulphide.
``(vi) Any mercury compound that the Administrator, at the discretion of the Administrator, adds to the list by rule, on determining that exporting that mercury compound for the purpose of regenerating elemental mercury is technically feasible.
``(B) Publication.--Not later than 90 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and as appropriate thereafter, the Administrator shall publish in the Federal Register a list of the mercury compounds that are prohibited from export under this paragraph.
``(C) Petition.--Any person may petition the Administrator to add to the list of mercury compounds prohibited from export.
``(D) Environmentally sound disposal.--This paragraph does not prohibit the export of mercury (I) chloride or calomel for environmentally sound disposal to member countries of the Organization for Economic Cooperation and Development, on the condition that no mercury or mercury compounds are to be recovered, recycled, or reclaimed for use, or directly reused.
``(E) Report.--Not later than 5 years after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Administrator shall evaluate any exports of calomel for disposal that occurred since that date of enactment and shall submit to Congress a report that contains the following:
``(i) volumes and sources of calomel exported for disposal;
``(ii) receiving countries of such exports;
``(iii) methods of disposal used;
``(iv) issues, if any, presented by the export of calomel;
``(v) evaluation of calomel management options in the United States, if any, that are commercially available and comparable in cost and efficacy to methods being utilized in the receiving countries; and
``(vi) a recommendation regarding whether Congress should further limit or prohibit the export of calomel for disposal.
``(F) Effect on other law.--Nothing in this paragraph shall be construed to affect the authority of the Administrator under Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).''.
SEC. 30. TREVOR'S LAW.
(a) Purposes.--The purposes of this section are--
(1) to provide the appropriate Federal agencies with the authority to help conduct investigations into potential cancer clusters;
(2) to ensure that Federal agencies have the authority to undertake actions to help address cancer clusters and factors that may contribute to the creation of potential cancer clusters; and
(3) to enable Federal agencies to coordinate with other Federal, State, and local agencies, institutes of higher education, and the public in investigating and addressing cancer clusters.
(b) Designation and Investigation of Potential Cancer Clusters.--Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:
``SEC. 399V-6. DESIGNATION AND INVESTIGATION OF POTENTIAL
CANCER CLUSTERS.
``(a) Definitions.--In this section:
``(1) Cancer cluster.--The term `cancer cluster' means the incidence of a particular cancer within a population group, a geographical area, or a period of time that is greater than expected for such group, area, or period.
``(2) Particular cancer.--The term `particular cancer' means one specific type of cancer or a type of cancers scientifically proven to have the same cause.
``(3) Population group.--The term `population group' means a group, for purposes of calculating cancer rates, defined by factors such as race, ethnicity, age, or gender.
``(b) Criteria for Designation of Potential Cancer Clusters.--
``(1) Development of criteria.--The Secretary shall develop criteria for the designation of potential cancer clusters.
``(2) Requirements.--The criteria developed under paragraph
(1) shall consider, as appropriate--
``(A) a standard for cancer cluster identification and reporting protocols used to determine when cancer incidence is greater than would be typically observed;
``(B) scientific screening standards that ensure that a cluster of a particular cancer involves the same type of cancer, or types of cancers;
``(C) the population in which the cluster of a particular cancer occurs by factors such as race, ethnicity, age, and gender, for purposes of calculating cancer rates;
``(D) the boundaries of a geographic area in which a cluster of a particular cancer occurs so as not to create or obscure a potential cluster by selection of a specific area; and
``(E) the time period over which the number of cases of a particular cancer, or the calculation of an expected number of cases, occurs.
``(c) Guidelines for Investigation of Potential Cancer Clusters.--The Secretary, in consultation with the Council of State and Territorial Epidemiologists and representatives of State and local health departments, shall develop, publish, and periodically update guidelines for investigating potential cancer clusters. The guidelines shall--
``(1) require that investigations of cancer clusters--
``(A) use the criteria developed under subsection (b);
``(B) use the best available science; and
``(C) rely on a weight of the scientific evidence;
``(2) provide standardized methods of reviewing and categorizing data, including from health surveillance systems and reports of potential cancer clusters; and
``(3) provide guidance for using appropriate epidemiological and other approaches for investigations.
``(d) Investigation of Cancer Clusters.--
``(1) Secretary discretion.--The Secretary--
``(A) in consultation with representatives of the relevant State and local health departments, shall consider whether it is appropriate to conduct an investigation of a potential cancer cluster; and
``(B) in conducting investigations shall have the discretion to prioritize certain potential cancer clusters, based on the availability of resources.
``(2) Coordination.--In investigating potential cancer clusters, the Secretary shall coordinate with agencies within the Department of Health and Human Services and other Federal agencies, such as the Environmental Protection Agency.
``(3) Biomonitoring.--In investigating potential cancer clusters, the Secretary shall rely on all appropriate biomonitoring information collected under other Federal programs, such as the National Health and Nutrition Examination Survey. The Secretary may provide technical assistance for relevant biomonitoring studies of other Federal agencies.
``(e) Duties.--The Secretary shall--
``(1) ensure that appropriate staff of agencies within the Department of Health and Human Services are prepared to provide timely assistance, to the extent practicable, upon receiving a request to investigate a potential cancer cluster from a State or local health authority;
``(2) maintain staff expertise in epidemiology, toxicology, data analysis, environmental health and cancer surveillance, exposure assessment, pediatric health, pollution control, community outreach, health education, laboratory sampling and analysis, spatial mapping, and informatics;
``(3) consult with community members as investigations into potential cancer clusters are conducted, as the Secretary determines appropriate;
``(4) collect, store, and disseminate reports on investigations of potential cancer clusters, the possible causes of such clusters, and the actions taken to address such clusters; and
``(5) provide technical assistance for investigating cancer clusters to State and local health departments through existing programs, such as the Epi-Aids program of the Centers for Disease Control and Prevention and the Assessments of Chemical Exposures program of the Agency for Toxic Substances and Disease Registry.''.
______
SA 2933. Mr. McCONNELL (for Mr. Alexander) proposed an amendment to the bill S. 227, to strengthen the Federal education research system to make research and evaluations more timely and relevant to State and local needs in order to increase student achievement; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Education through Research Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Nonduplication.
TITLE I--EDUCATION SCIENCES REFORM
Sec. 101. References.
Sec. 102. Definitions.
Part A--The Institute of Education Sciences
Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the Director.
Sec. 115. Priorities.
Sec. 116. National Board for Education Sciences.
Sec. 117. Commissioners of the National Education Centers.
Sec. 118. Transparency.
Sec. 119. Competitive awards.
Part B--National Center for Education Research
Sec. 131. Establishment.
Sec. 132. Duties.
Sec. 133. Standards for conduct and evaluation of research.
Part C--National Center for Education Statistics
Sec. 151. Establishment.
Sec. 152. Duties.
Sec. 153. Performance of duties.
Sec. 154. Reports.
Sec. 155. Dissemination.
Sec. 156. Cooperative education statistics partnerships.
Part D--National Center for Education Evaluation and Regional
Assistance
Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation and Regional
Assistance.
Sec. 173. Evaluations.
Sec. 174. Regional educational laboratories for research, development, dissemination, and evaluation.
Part E--National Center for Special Education Research
Sec. 175. Establishment.
Sec. 176. Commissioner for Special Education Research.
Sec. 177. Duties.
Part F--General Provisions
Sec. 181. Prohibitions.
Sec. 182. Confidentiality.
Sec. 183. Availability of data.
Sec. 184. Performance management.
Sec. 185. Authority to publish.
Sec. 186. Repeals.
Sec. 187. Fellowships.
Sec. 188. Authorization of appropriations.
Part G--Technical and Conforming Amendments
Sec. 191. Technical and conforming amendments to other laws.
TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE
Sec. 201. References.
Sec. 202. Definitions.
Sec. 203. Comprehensive centers.
Sec. 204. Evaluations.
Sec. 205. Existing technical assistance providers.
Sec. 206. Regional advisory committees.
Sec. 207. Priorities.
Sec. 208. Grant program for statewide, longitudinal data systems.
Sec. 209. Authorization of appropriations.
TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
Sec. 301. References.
Sec. 302. National Assessment Governing Board.
Sec. 303. National Assessment of Educational Progress.
Sec. 304. Definitions.
Sec. 305. Authorization of appropriations.
TITLE IV--EVALUATION PLAN
Sec. 401. Research and evaluation.
SEC. 3. NONDUPLICATION.
(a) In General.--The Act of November 5, 2002 (Public Law 107-279; 116 Stat. 1940), is amended by inserting after section 1 the following:
``SEC. 2. NONDUPLICATION.
``In collecting information and data under this Act, including requiring the reporting of information and data, the Secretary of Education shall, to the extent appropriate, not duplicate other requirements and shall use information and data that are available from existing Federal, State, and local sources, in order to reduce burden and cost to the Department of Education, States, local educational agencies
(as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), and other entities.''.
(b) Conforming Amendment.--The table of contents in section 1 of the Act of November 5, 2002 (Public Law 107-279; 116 Stat. 1940), is amended by inserting after the item relating to section 1 the following:
``Sec. 2. Nonduplication.''.
TITLE I--EDUCATION SCIENCES REFORM
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Education Sciences Reform Act of 2002
(20 U.S.C. 9501 et seq.).
SEC. 102. DEFINITIONS.
Section 102 (20 U.S.C. 9501) is amended--
(1) by striking paragraphs (13) and (18);
(2) by redesignating paragraphs (2) through (11), (12),
(14), (15), (16), (17), and (19) through (23), as paragraphs
(3) through (12), (14), (15), (16), (18), (20), and (22) through (26), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Adult education; adult education and literacy activities.--The terms `adult education' and `adult education and literacy activities' have the meanings given the terms in section 203 of the Adult Education and Family Literacy Act.'';
(4) in paragraph (6), as redesignated by paragraph (2), by striking ``Affairs'' and inserting ``Education'';
(5) in paragraph (11), as redesignated by paragraph (2)--
(A) by inserting ``or other information, in a timely manner and'' after ``evaluations,''; and
(B) by inserting ``school leaders,'' after ``teachers,'';
(6) by inserting after paragraph (12), as redesignated by paragraph (2), the following:
``(13) English learner.--The term `English learner' means an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head Start Act
(42 U.S.C. 9832).'';
(7) in paragraph (14), as redesignated by paragraph (2), by inserting ``, school leaders,'' after ``teachers'';
(8) by inserting after paragraph (16), as redesignated by paragraph (2), the following:
``(17) Minority-serving institution.--The term `minority- serving institution' means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).'';
(9) in paragraph (18), as redesignated by paragraph (2), by striking ``section 133(c)'' and inserting ``section 133(d)'';
(10) by inserting after paragraph (18), as redesignated by paragraph (2), the following:
``(19) Principles of scientific research.--The term
`principles of scientific research' means principles of research that--
``(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;
``(B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and
``(C) include, appropriate to the research being conducted--
``(i) use of systematic, empirical methods that draw on observation or experiment;
``(ii) use of data analyses that are adequate to support the general findings;
``(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;
``(iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;
``(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;
``(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and
``(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.'';
(11) by inserting after paragraph (20), as redesignated by paragraph (2), the following:
``(21) School leader.--The term `school leader' means a principal, assistant principal, or other individual who is--
``(A) an employee or officer of--
``(i) an elementary school or secondary school;
``(ii) a local educational agency serving an elementary school or secondary school; or
``(iii) another entity operating the elementary school or secondary school; and
``(B) responsible for the daily instructional leadership and managerial operations of the elementary school or secondary school.''; and
(12) in paragraph (23), as redesignated by paragraph (2), by striking ``scientifically based research standards'' and inserting ``the principles of scientific research''.
PART A--THE INSTITUTE OF EDUCATION SCIENCES
SEC. 111. ESTABLISHMENT.
Section 111(b) (20 U.S.C. 9511(b)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``including adult education,'' after
``postsecondary study,''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``and wide dissemination activities'' and inserting ``and, consistent with section 114(j), wide dissemination and utilization activities''; and
(ii) by striking ``(including in technology areas)''; and
(B) in subparagraph (B), by inserting ``disability,'' after
``gender,''.
SEC. 112. FUNCTIONS.
Section 112 (20 U.S.C. 9512) is amended--
(1) in paragraph (1)--
(A) by inserting ``(including evaluations of impact and implementation)'' after ``education evaluation''; and
(B) by inserting ``and utilization'' before the semicolon; and
(2) in paragraph (2)--
(A) by inserting ``, consistent with section 114(j),'' after ``disseminate''; and
(B) by inserting ``and scientifically valid education evaluations carried out under this title'' before the semicolon.
SEC. 113. DELEGATION.
Section 113 (20 U.S.C. 9513) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively;
(2) in subsection (b), by striking ``Secretary may assign the Institute responsibility for administering'' and inserting ``Director may accept requests from the Secretary for the Institute to administer''; and
(3) by adding at the end the following:
``(c) Contract Acquisition.--With respect to any contract entered into under this title, the Director shall be consulted--
``(1) during the procurement process; and
``(2) in the management of such contract's performance, which shall be consistent with the requirements of the performance management system described in section 185.''.
SEC. 114. OFFICE OF THE DIRECTOR.
Section 114 (20 U.S.C. 9514) is amended--
(1) in subsection (a), by striking ``Except as provided in subsection (b)(2), the'' and inserting ``The'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting before the period the following: ``, except that if a successor to the Director has not been appointed as of the date of expiration of the Director's term, the Director may serve for an additional 1- year period, beginning on the day after the date of expiration of the Director's term, or until a successor has been appointed under subsection (a), whichever occurs first'';
(B) by striking paragraph (2) and inserting the following:
``(2) Reappointment.--A Director may be reappointed under subsection (a) for one additional term.''; and
(C) in paragraph (3)--
(i) in the heading, by striking ``Subsequent directors'' and inserting ``Recommendations''; and
(ii) by striking ``, other than a Director appointed under paragraph (2)'';
(3) in subsection (f)--
(A) in paragraph (3), by inserting before the period the following: ``, and, as appropriate, with such research and activities carried out by public and private entities, to avoid duplicative or overlapping efforts'';
(B) in paragraph (4), by inserting ``, and the use of evidence'' after ``statistics activities'';
(C) in paragraph (5)--
(i) by inserting ``and maintain'' after ``establish''; and
(ii) by inserting ``and subsection (h)'' after ``section 116(b)(3)'';
(D) in paragraph (7), by inserting ``disability,'' after
``gender,'';
(E) in paragraph (8), by striking ``historically Black colleges or universities'' and inserting ``minority-serving institutions'';
(F) by striking paragraph (9) and inserting the following:
``(9) To coordinate with the Secretary to ensure that the results of the Institute's work are coordinated with, and utilized by, the Department's technical assistance providers and dissemination networks.'';
(G) by striking paragraphs (10) and (11); and
(H) by redesignating paragraph (12) as paragraph (10);
(4) by redesignating subsection (h) as subsection (i);
(5) by inserting after subsection (g), the following:
``(h) Peer-review System.--The Director shall establish and maintain a peer-review system involving highly qualified individuals, including practitioners, as appropriate, with an in-depth knowledge of the subject to be investigated, including, in the case of special education research, an understanding of special education, for--
``(1) reviewing and evaluating each application for a grant or cooperative agreement under this title that exceeds
$100,000; and
``(2) evaluating and assessing all reports and other products that exceed $100,000 to be published and publicly released by the Institute.'';
(6) in subsection (i), as redesignated by paragraph (4)--
(A) by striking ``the products and''; and
(B) by striking ``certify that evidence-based claims about those products and'' and inserting ``determine whether evidence-based claims in those''; and
(7) by adding at the end the following:
``(j) Relevance, Dissemination, and Utilization.--To ensure all activities authorized under this title are rigorous, relevant, and useful for researchers, policymakers, practitioners, and the public, the Director shall--
``(1) ensure such activities address significant challenges faced by practitioners, and increase knowledge in the field of education;
``(2) ensure that the information, products, and publications of the Institute are--
``(A) prepared and widely disseminated--
``(i) in a timely fashion; and
``(ii) in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice; and
``(B) widely disseminated through electronic transfer, and other means, such as posting to the Institute's website or other relevant place;
``(3) promote the utilization of the information, products, and publications of the Institute, including through the use of dissemination networks and technical assistance providers, within the Institute and the Department; and
``(4) monitor and manage the performance of all activities authorized under this title in accordance with section 185.''.
SEC. 115. PRIORITIES.
Section 115 (20 U.S.C. 9515) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``(taking into consideration long-term research and development on core issues conducted through the national research and development centers)'' and inserting
``at least once every 6 years''; and
(ii) by striking ``such as'' and inserting ``including'';
(B) in paragraph (1)--
(i) by inserting ``ensuring that all students have the ability to obtain a high-quality education, particularly by'' before ``closing'';
(ii) by striking ``low-performing children'' and inserting
``low-performing students'';
(iii) by striking ``especially achievement gaps between'';
(iv) by striking ``nonminority children'' and inserting
``nonminority students, students with disabilities and students without disabilities,'';
(v) by striking ``and between disadvantaged children and such children's'' and inserting ``and disadvantaged students and such students' ''; and
(vi) by striking ``and'' after the semicolon;
(C) by striking paragraph (2); and
(D) by adding at the end the following:
``(2) improving access to and the quality of early childhood education;
``(3) improving education in elementary schools and secondary schools, particularly among low-performing students and schools; and
``(4) improving access to, opportunities for, and completion of postsecondary education and adult education.''; and
(2) in subsection (d)(1), by striking ``by means of the Internet'' and inserting ``by electronic means such as posting in an easily accessible manner on the Institute's website''.
SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.
Section 116 (20 U.S.C. 9516) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``to guide the work of the Institute'' and inserting ``, and to advise, and provide input to, the Director on the activities of the Institute on an ongoing basis'';
(B) in paragraph (3), by inserting ``under section 114(h)'' after ``procedures'';
(C) in paragraph (8), by inserting ``disability,'' after
``gender,'';
(D) in paragraph (9)--
(i) by striking ``To solicit'' and inserting ``To ensure all activities of the Institute are relevant to education policy and practice by soliciting, on an ongoing basis,''; and
(ii) by striking ``consistent with'' and inserting
``consistent with section 114(j) and'';
(E) in paragraph (11)--
(i) by inserting ``the Institute's'' after ``enhance''; and
(ii) by striking ``among other Federal and State research agencies'' and inserting ``with public and private entities to improve the work of the Institute''; and
(F) by adding at the end the following:
``(13) To conduct the evaluations required under subsection
(d).'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by inserting ``Board,'' before ``National Academy''; and
(ii) by striking ``and the National Science Advisor'' and inserting ``the National Science Advisor, and other entities and organizations that have knowledge of individuals who are highly qualified to appraise education research, statistics, evaluations, or development'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``, which may include those researchers recommended by the National Academy of Sciences'';
(II) by redesignating clause (ii) as clause (iii);
(III) by inserting after clause (i), the following:
``(ii) Not fewer than 2 practitioners who are knowledgeable about the education needs of the United States, who may include school-based professional educators, teachers, school leaders, local educational agency superintendents, and members of local boards of education or Bureau-funded school boards.''; and
(IV) in clause (iii), as redesignated by subclause (II)--
(aa) by striking ``school-based professional educators,'';
(bb) by inserting ``State leaders in adult education,'' after ``executives,'';
(cc) by striking ``local educational agency superintendents,'';
(dd) by striking ``principals,'';
(ee) by striking ``or local''; and
(ff) by striking ``or Bureau-funded school boards'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by inserting
``beginning on the date of appointment of the member,'' after
``4 years,'';
(II) by striking clause (i);
(III) by redesignating clause (ii) as clause (i);
(IV) in clause (i), as redesignated by subclause (III), by striking the period and inserting ``; and''; and
(V) by adding at the end the following:
``(ii) in a case in which a successor to a member has not been appointed as of the date of expiration of the member's term, the member may serve for an additional 1-year period, beginning on the day after the date of expiration of the member's term, or until a successor has been appointed under paragraph (1), whichever occurs first.'';
(iii) by striking subparagraph (C); and
(iv) by redesignating subparagraph (D) as subparagraph (C); and
(C) in paragraph (8)--
(i) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively;
(ii) by inserting before subparagraph (B), as redesignated by clause (i), the following:
``(A) In general.--In the exercise of its duties under subsection (b) and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Board shall be independent of the Director and the other offices and officers of the Institute.'';
(iii) in subparagraph (B), as redesignated by clause (i), by inserting before the period at the end the following:
``for a term of not more than 6 years, and who may be reappointed by the Board for 1 additional term of not more than 6 years''; and
(iv) by adding at the end the following:
``(G) Subcommittees.--The Board may establish standing or temporary subcommittees to make recommendations to the Board for carrying out activities authorized under this title.'';
(3) by striking subsection (d);
(4) by redesignating subsection (e) as subsection (d);
(5) in subsection (d), as redesignated by paragraph (4)--
(A) in the subsection heading, by striking ``Annual'' and inserting ``Evaluation'';
(B) by striking ``The Board'' and inserting the following:
``(1) In general.--The Board'';
(C) by striking ``not later than July 1 of each year, a report'' and inserting ``and make widely available to the public (including by electronic means such as posting in an easily accessible manner on the Institute's website), a report once every 5 years''; and
(D) by adding at the end the following:
``(2) Requirements.--An evaluation report described in paragraph (1) shall include--
``(A) subject to paragraph (3), an evaluation of the activities authorized for each of the National Education Centers, which--
``(i) uses the performance management system described in section 185; and
``(ii) is conducted by an independent entity;
``(B) a review of the Institute to ensure its work, consistent with the requirements of section 114(j), is timely, rigorous, and relevant;
``(C) any recommendations regarding actions that may be taken to enhance the ability of the Institute and the National Education Centers to carry out their priorities and missions;
``(D) a summary of the major research findings of the Institute and the activities carried out under section 113(b) during the 3 preceding fiscal years; and
``(E) interim findings made widely available to the public
(including by electronic means such as posting in an easily accessible manner on the Institute's website) 3 years after the independent entity has begun reviewing the work of the Institute.
``(3) National center for education evaluation and regional assistance.--With respect to the National Center for Education Evaluation and Regional Assistance, an evaluation report described in paragraph (1) shall contain--
``(A) an evaluation described in paragraph (2)(A) of the activities authorized for such Center, except for the regional educational laboratories established under section 174; and
``(B) a summative or interim evaluation, whichever is most recent, for each such laboratory conducted under section 174(i) on or after the date of enactment of the Strengthening Education through Research Act or, in a case in which such an evaluation is not available for a laboratory, the most recent evaluation for the laboratory conducted prior to the date of enactment of such Act.''; and
(6) by striking subsection (f).
SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.
Section 117 (20 U.S.C. 9517) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Except as provided in subsection (b), each'' and inserting ``Each'';
(B) in paragraph (2)--
(i) by striking ``Except as provided in subsection (b), each'' and inserting ``Each''; and
(ii) by inserting ``, statistics,'' after ``research''; and
(C) in paragraph (3), by striking ``Except as provided in subsection (b), each'' and inserting ``Each'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(4) in subsection (c), as redesignated by paragraph (3), by striking ``, except the Commissioner for Education Statistics,''.
SEC. 118. TRANSPARENCY.
(a) In General.--Section 119 (20 U.S.C. 9519) is amended to read as follows:
``SEC. 119. TRANSPARENCY.
``Not later than 120 days after awarding a grant, contract, or cooperative agreement under this title in excess of
$100,000, the Director shall make publicly available
(including through electronic means such as posting in an easily accessible manner on the Institute's website) a description of the grant, contract, or cooperative agreement, including, at a minimum, the amount, duration, recipient, and the purpose of the grant, contract, or cooperative agreement.''.
(b) Conforming Amendment.--The table of contents in section 1 of the Act of November 5, 2002 (Public Law 107-279; 116 Stat. 1940), is amended by striking the item relating to section 119 and inserting the following:
``Sec. 119. Transparency.''.
SEC. 119. COMPETITIVE AWARDS.
Section 120 (20 U.S.C. 9520) is amended by striking ``when practicable'' and inserting ``consistent with section 114(h)''.
PART B--NATIONAL CENTER FOR EDUCATION RESEARCH
SEC. 131. ESTABLISHMENT.
Section 131(b) (20 U.S.C. 9531(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to sponsor sustained research that will lead to the accumulation of knowledge and understanding of education, consistent with the priorities described in section 115;'';
(2) by striking ``and'' at the end of paragraph (3);
(3) in paragraph (4), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(5) consistent with section 114(j), to widely disseminate and promote utilization of the work of the Research Center.''.
SEC. 132. DUTIES.
Section 133 (20 U.S.C. 9533) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``peer-review standards and'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2);
(D) by striking paragraph (4);
(E) by redesignating paragraphs (5) through (9) as paragraphs (3) through (7), respectively;
(F) in paragraph (3), as redesignated by subparagraph (E), by inserting ``in the implementation of programs carried out by the Department and other agencies'' before ``within the Federal Government'';
(G) in paragraph (5), as redesignated by subparagraph (E), by striking ``disseminate, through the National Center for Education Evaluation and Regional Assistance,'' and inserting
``widely disseminate, consistent with section 114(j),'';
(H) in paragraph (6), as redesignated by subparagraph (E)--
(i) by striking ``Director'' and inserting ``Board''; and
(ii) by striking ``of a biennial report, as described in section 119'' and inserting ``and dissemination of each evaluation report under section 116(d)'';
(I) in paragraph (7), as redesignated by subparagraph (E), by inserting ``and which may include research on social and emotional learning, and the acquisition of competencies and skills, including the ability to think critically, solve complex problems, evaluate evidence, and communicate effectively,'' after ``gap,'';
(J) by inserting after paragraph (7), as redesignated by subparagraph (E), the following:
``(8) to the extent time and resources allow, when findings from previous research under this part provoke relevant follow up questions, carry out research initiatives on such follow up questions;'';
(K) by redesignating paragraphs (10) and (11) as paragraphs
(9) and (10), respectively;
(L) by striking paragraph (9), as redesignated by subparagraph (K), and inserting the following:
``(9) carry out research initiatives, including rigorous, peer-reviewed, large-scale, long-term, and broadly applicable empirical research, regarding the impact of technology on education, including online education and hybrid learning;'';
(M) in paragraph (10), as redesignated by subparagraph (K), by striking the period at the end and inserting ``; and''; and
(N) by adding at the end the following:
``(11) to the extent feasible, carry out research on the quality of implementation of practices and strategies determined to be effective through scientifically valid research.'';
(2) by striking subsection (b) and inserting the following:
``(b) Plan.--The Research Commissioner shall propose to the Director and, subject to the approval of the Director, implement a research plan for the activities of the Research Center that--
``(1) is consistent with the priorities and mission of the Institute and the mission of the Research Center described in section 131(b), and includes the activities described in subsection (a);
``(2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Research Center's most recent evaluation report under section 116(d);
``(3) describes how the Research Center will use the performance management system described in section 185 to assess and improve the activities of the Center;
``(4) meets the procedures for peer review established and maintained by the Director under section 114(f)(5) and the standards of research described in section 134; and
``(5) includes both basic research and applied research, which shall include research conducted through field- initiated research and ongoing research initiatives.'';
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b), the following:
``(c) Grants, Contracts, and Cooperative Agreements.--
``(1) In general.--The Research Commissioner may award grants to, or enter into contracts or cooperative agreements with, eligible applicants to carry out research under subsection (a).
``(2) Eligibility.--For purposes of this subsection, the term `eligible applicant' means an applicant that has the ability and capacity to conduct scientifically valid research.
``(3) Applications.--
``(A) In general.--An eligible applicant that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Research Commissioner at such time, in such manner, and containing such information as the Research Commissioner may require.
``(B) Content.--An application submitted under subparagraph
(A) shall describe how the eligible applicant will address and demonstrate progress on the requirements of the performance management system described in section 185, with respect to the activities that will be carried out under the grant, contract, or cooperative agreement.''; and
(5) in subsection (d), as redesignated by paragraph (3)--
(A) by striking paragraph (1) and inserting the following:
``(1) Support.--In carrying out activities under subsection
(a)(2), the Research Commissioner shall support national research and development centers that address topics of importance and relevance in the field of education across the country and are consistent with the Institute's priorities under section 115.'';
(B) by striking paragraphs (2), (3), and (5);
(C) by redesignating paragraphs (4), (6), and (7) as paragraphs (2), (3), and (4), respectively;
(D) in paragraph (2), as redesignated by subparagraph (C)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``5 additional'' and inserting ``2 additional''; and
(II) by striking ``notwithstanding section 134(b),'' and inserting ``notwithstanding section 114(h),'';
(ii) in subparagraph (A), by striking ``and'' after the semicolon;
(iii) in subparagraph (B), by striking the period and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) demonstrates progress on the requirements of the performance management system described in section 185.'';
(E) in paragraph (3), as redesignated by subparagraph (C), by striking ``paragraphs (4) and (5)'' and inserting
``paragraph (2)''; and
(F) by striking paragraph (4), as redesignated by subparagraph (C), and inserting the following:
``(4) Disaggregation.--To the extent feasible and when relevant to the research being conducted, research conducted under this subsection shall be disaggregated and cross- tabulated by age, race, gender, disability status, English learner status, socioeconomic background, and other population characteristics as determined by the Research Commissioner, so long as any reported information does not reveal individually identifiable information.''.
SEC. 133. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.
Section 134 (20 U.S.C. 9534) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``based'' and inserting
``valid''; and
(B) in paragraph (2), by striking ``and wide dissemination activities'' and inserting ``and, consistent with section 114(j), wide dissemination and utilization activities'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
PART C--NATIONAL CENTER FOR EDUCATION STATISTICS
SEC. 151. ESTABLISHMENT.
Section 151(b) (20 U.S.C. 9541(b)) is amended--
(1) in paragraph (2), by inserting ``and consistent with the privacy protections under section 183'' after ``manner''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by inserting ``disability,'' after
``cultural,''; and
(B) by striking subparagraph (B) and inserting the following:
``(B) is consistent with section 114(j), is relevant, timely, and widely disseminated.''.
SEC. 152. DUTIES.
Section 153 (20 U.S.C. 9543) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``, consistent with the privacy protections under section 183,'' after ``Center shall'';
(B) in paragraph (1)--
(i) by striking subparagraph (D) and inserting the following:
``(D) secondary school graduation and completion rates, including the four-year adjusted cohort graduation rate (as defined in section 200.19(b)(1)(i)(A) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008) and the extended-year adjusted cohort graduation rate (as defined in section 200.19(b)(1)(v)(A) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008), and school dropout rates, and adult literacy;'';
(ii) in subparagraph (E), by striking ``and opportunity for,'' and inserting ``opportunity for, and completion of'';
(iii) by striking subparagraph (F) and inserting the following:
``(F) teaching and school leadership, including information on teacher and school leader pre-service preparation, professional development, teacher distribution, and teacher and school leader evaluation;'';
(iv) in subparagraph (G), by inserting ``and school leaders'' before the semicolon;
(v) in subparagraph (H), by inserting ``, climate, and in- and out-of-school suspensions and expulsions'' before ``, including information regarding'';
(vi) by striking subparagraph (K) and inserting the following:
``(K) the access to, and use of, technology to improve elementary schools and secondary schools;'';
(vii) in subparagraph (L), by striking ``and opportunity for,'' and inserting ``opportunity for, and quality of'';
(viii) in subparagraph (M), by striking ``such programs during school recesses'' and inserting ``summer school'';
(ix) in subparagraph (N)--
(I) by striking ``vocational'' and inserting ``career''; and
(II) by striking ``and'' after the semicolon;
(x) in subparagraph (O), by inserting ``and'' after the semicolon; and
(xi) by adding at the end the following:
``(P) access to, and opportunity for, adult education and literacy activities;'';
(C) in paragraph (3)--
(i) by striking ``when such disaggregated information will facilitate educational and policy decisionmaking'' and inserting ``so long as any reported information does not reveal individually identifiable information''; and
(ii) by striking ``limited English proficiency'' and inserting ``English learner status'';
(D) in paragraph (4), by inserting before the semicolon the following: ``, and the implementation (with the assistance of the Department and other Federal officials who have statutory authority to provide assistance on applicable privacy laws, regulations, and policies) of appropriate privacy protections'';
(E) in paragraph (5)--
(i) by striking ``determining voluntary standards and guidelines to assist'' and inserting ``providing technical assistance to''; and
(ii) by striking ``promote linkages across States,'';
(F) in paragraph (6)--
(i) by striking ``Third'' and inserting ``Trends in''; and
(ii) by inserting ``and the Program for International Student Assessment'' after ``Science Study'';
(G) in paragraph (7), by striking the semicolon and inserting the following: ``and ensuring such collections protect student privacy consistent with section 183; and'';
(H) by striking paragraph (8) and inserting the following:
``(8) assisting the Board in the preparation and dissemination of each evaluation report under section 116(d).''; and
(I) by striking paragraph (9);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Plan.--The Statistics Commissioner shall develop a plan in consultation with the Director and implement a plan for activities of the Statistics Center that--
``(1) is consistent with the priorities and mission of the Institute and the mission of the Statistics Center described in section 151(b);
``(2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Statistic Center's most recent evaluation report under section 116(d); and
``(3) describes how the Statistics Center will use the performance management system described in section 185 to assess and improve the activities of the Center.''.
SEC. 153. PERFORMANCE OF DUTIES.
Section 154 (20 U.S.C. 9544) is amended--
(1) in subsection (a)--
(A) by striking ``In carrying'' and inserting the following:
``(1) In general.--In carrying'';
(B) by inserting ``to eligible applicants'' after
``technical assistance''; and
(C) by adding at the end the following:
``(2) Eligibility.--For purposes of this section, the term
`eligible applicant' means an applicant that has the ability and capacity to carry out activities under this part.
``(3) Applications.--
``(A) In general.--An eligible applicant that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Statistics Commissioner at such time, in such manner, and containing such information as the Statistics Commissioner may require.
``(B) Contents.--An application submitted under subparagraph (A) shall describe how the eligible applicant will address and demonstrate progress on the requirements of the performance management system described in section 185, with respect to the activities that will be carried out under the grant, contract, or cooperative agreement.'';
(2) in subsection (b)(2)(A), by striking ``vocational and'' and inserting ``career and technical education programs,''; and
(3) in subsection (c), by striking ``5 years'' the second place it appears and inserting ``2 years if the recipient demonstrates progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under the grant, contract, or cooperative agreement received under this section''.
SEC. 154. REPORTS.
Section 155 (20 U.S.C. 9545) is amended--
(1) in subsection (a), by inserting ``(consistent with section 114(h))'' after ``review''; and
(2) in subsection (b), by striking ``2003'' and inserting
``2016''.
SEC. 155. DISSEMINATION.
Section 156 (20 U.S.C. 9546) is amended--
(1) in subsection (c), by adding at the end the following:
``Such projects shall adhere to student privacy requirements under section 183.''; and
(2) in subsection (e)--
(A) in paragraph (1), by adding at the end the following:
``Before receiving access to educational data under this paragraph, a Federal agency shall describe to the Statistics Center the specific research intent for use of the data, how access to the data may meet such research intent, and how the Federal agency will protect the confidentiality of the data consistent with the requirements of section 183.'';
(B) in paragraph (2)--
(i) by inserting ``and consistent with section 183'' after
``may prescribe''; and
(ii) by adding at the end the following: ``Before receiving access to data under this paragraph, an interested party shall describe to the Statistics Center the specific research intent for use of the data, how access to the data may meet such research intent, and how the party will protect the confidentiality of the data consistent with the requirements of section 183.''; and
(C) by adding at the end the following:
``(3) Denial authority.--The Statistics Center shall have the authority to deny any requests for access to data under paragraph (1) or (2) if the data requested would be unnecessary for or unrelated to the proposed research design or research intent, or if the request would introduce risk of a privacy violation or misuse of data.
``(4) Applicability of requirements.--The requirements described under the second sentence of paragraph (1) and the second sentence of paragraph (2) and the authority under paragraph (3) shall not apply to public use data sets.''.
SEC. 156. COOPERATIVE EDUCATION STATISTICS PARTNERSHIPS.
(a) In General.--Section 157 (20 U.S.C. 9547) is amended--
(1) in the section heading, by striking ``systems'' and inserting ``partnerships'';
(2) by striking ``national cooperative education statistics systems'' and inserting ``cooperative education statistics partnerships'';
(3) by striking ``producing and maintaining, with the cooperation'' and inserting ``reviewing and improving, with the voluntary participation'';
(4) by striking ``comparable and uniform'' and inserting
``data quality standards, which may include establishing voluntary guidelines to standardize'';
(5) by striking ``adult education, and libraries,'' and inserting ``and adult education''; and
(6) by adding at the end the following: ``No student data shall be collected by the partnerships established under this section, nor shall such partnerships establish a national student data system.''.
(b) Conforming Amendment.--The table of contents in section 1 of the Act of November 5, 2002 (Public Law 107-279; 116 Stat. 1940), is amended by striking the item relating to section 157 and inserting the following:
``Sec. 157. Cooperative education statistics partnerships.''.
PART D--NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL
ASSISTANCE
SEC. 171. ESTABLISHMENT.
Section 171 (20 U.S.C. 9561) is amended--
(1) in subsection (b)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;
(C) in paragraph (1), as redesignated by subparagraph (B), by striking ``of such programs'' and all that follows through
``science)'' and inserting ``and to evaluate the implementation of such programs''; and
(D) in paragraph (2), as redesignated by subparagraph (B), by striking ``and wide dissemination of results of'' and inserting ``and, consistent with section 114(j), the wide dissemination and utilization of results of all''; and
(2) by striking subsection (c).
SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION AND REGIONAL
ASSISTANCE.
Section 172 (20 U.S.C. 9562) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
``(2) widely disseminate, consistent with section 114(j), all information on scientifically valid research and statistics supported by the Institute and all scientifically valid education evaluations supported by the Institute, particularly to State educational agencies and local educational agencies, to institutions of higher education, and to the public, the media, voluntary organizations, professional associations, and other constituencies, especially with respect to the priorities described in section 115;'';
(B) in paragraph (3)--
(i) by inserting ``, consistent with section 114(j)'' after
``timely, and efficient manner''; and
(ii) by striking ``that shall include all topics covered in paragraph (2)(E)'';
(C) in paragraph (4)--
(i) by striking ``development and dissemination'' and inserting ``development, dissemination, and utilization''; and
(ii) by striking ``the provision of technical assistance,'';
(D) in paragraph (5)--
(i) by striking ``subsection (d)'' and inserting
``subsection (e)''; and
(ii) by inserting ``and'' after the semicolon;
(E) in paragraph (6)--
(i) by striking ``Director'' and inserting ``Board'';
(ii) by striking ``preparation of a biennial report,'' and inserting ``preparation and dissemination of each evaluation report''; and
(iii) by striking ``119; and'' and inserting ``116(d).''; and
(F) by striking paragraph (7);
(2) in subsection (b)(1)--
(A) by inserting ``all'' before ``information disseminated''; and
(B) by striking ``, which may include'' and all that follows through ``of this Act)'';
(3) by striking subsection (c);
(4) by redesignating subsection (d) as subsection (e);
(5) by inserting after subsection (b) the following:
``(c) Plan.--The Evaluation and Regional Assistance Commissioner shall propose to the Director and, subject to the approval of the Director, implement a plan for the activities of the National Center for Education Evaluation and Regional Assistance that--
``(1) is consistent with the priorities and mission of the Institute and the mission of the Center described in section 171(b);
``(2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Center's most recent evaluation report under section 116(d); and
``(3) describes how the Center will use the performance management system described in section 185 to assess and improve the activities of the Center.
``(d) Grants, Contracts, and Cooperative Agreements.--
``(1) In general.--In carrying out the duties under this part, the Evaluation and Regional Assistance Commissioner may--
``(A) award grants, contracts, or cooperative agreements to eligible applicants to carry out the activities under this part; and
``(B) provide technical assistance.
``(2) Eligibility.--For purposes of this section, the term
`eligible applicant' means an applicant that has the ability and capacity to carry out activities under this part.
``(3) Entities to conduct evaluations.--In awarding grants, contracts, or cooperative agreements under paragraph (1) to carry out activities under section 173, the Evaluation and Regional Assistance Commissioner shall make such awards to eligible applicants with the ability and capacity to conduct scientifically valid education evaluations.
``(4) Applications.--
``(A) In general.--An eligible applicant that wishes to receive a grant, contract, or cooperative agreement under paragraph (1) shall submit an application to the Evaluation and Regional Assistance Commissioner at such time, in such manner, and containing such information as the Commissioner may require.
``(B) Contents.--An application submitted under subparagraph (A) shall describe how the eligible applicant will address and demonstrate progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under such grant, contract, or cooperative agreement.
``(5) Duration.--Notwithstanding any other provision of law, the grants, contracts, and cooperative agreements under paragraph (1) may be awarded, on a competitive basis, for a period of not more than 5 years, and may be renewed at the discretion of the Evaluation and Regional Assistance Commissioner for an additional period of not more than 2 years if the recipient demonstrates progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under the grant, contract, or cooperative agreement.''; and
(6) in subsection (e), as redesignated by paragraph (4)--
(A) in paragraph (1), by striking ``There is established'' and all that follows through ``Regional Assistance'' and inserting ``The Evaluation and Regional Assistance Commissioner may establish'';
(B) in paragraph (2)(A), by inserting ``all'' before
``products''; and
(C) in paragraph (2)(B)(ii), by striking ``2002'' and all that follows through the period and inserting ``2002).''.
SEC. 173. EVALUATIONS.
Section 173 (20 U.S.C. 9563) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``may'' and inserting ``shall'';
(ii) in subparagraph (A), by striking ``evaluations'' and inserting ``high-quality evaluations, including impact evaluations that use rigorous methodologies that permit the strongest possible causal inferences,'';
(iii) in subparagraph (B), by inserting before the semicolon at the end the following: ``, including programs under part A of such title (20 U.S.C. 6311 et seq.)'';
(iv) by striking subparagraph (C);
(v) by redesignating subparagraph (D) as subparagraph (C);
(vi) by striking subparagraphs (E) and (G);
(vii) by redesignating subparagraph (F) as subparagraph
(D);
(viii) in subparagraph (D), as redesignated by clause
(vii), by striking ``and'' at the end; and
(ix) by inserting after subparagraph (D), as redesignated by clause (vii), the following:
``(E) provide evaluation findings in an understandable, easily accessible, and usable format to support program improvement;
``(F) support the evaluation activities described in section 401 of the Strengthening Education through Research Act that are carried out by the Director; and
``(G) to the extent feasible--
``(i) examine evaluations conducted or supported by others to determine the quality and relevance of the evidence of effectiveness generated by those evaluations, with the approval of the Director;
``(ii) review and supplement Federal education program evaluations, particularly such evaluations by the Department, to determine or enhance the quality and relevance of the evidence generated by those evaluations;
``(iii) conduct implementation evaluations that promote continuous improvement and inform policymaking;
``(iv) evaluate the short- and long-term effects and cost efficiencies across programs assisted or authorized under Federal law and administrated by the Department; and
``(v) synthesize the results of evaluation studies for and across Federal education programs, policies, and practices.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B), by striking the period and inserting ``under section 114(h); and''; and
(iii) by adding at the end the following:
``(C) be widely disseminated, consistent with section 114(j).''; and
(2) in subsection (b), by striking ``contracts'' and inserting ``grants, contracts, or cooperative agreements''.
SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH,
DEVELOPMENT, DISSEMINATION, AND EVALUATION.
(a) In General.--Section 174 (20 U.S.C. 9564) is amended--
(1) in the section heading, by striking ``technical assistance'' and inserting ``evaluation'';
(2) in subsection (a)--
(A) by striking ``The Director'' and inserting ``Except as provided in subsection (e)(8), the Evaluation and Regional Assistance Commissioner''; and
(B) by striking ``contracts'' and inserting ``grants, contracts, or cooperative agreements'';
(3) in subsection (c)--
(A) by striking ``The Director'' and inserting the following:
``(1) In general.--The Evaluation and Regional Assistance Commissioner'';
(B) by striking ``contracts under this section with research organizations, institutions, agencies, institutions of higher education,'' and inserting ``grants, contracts, or cooperative agreements under this section with public or private, nonprofit or for-profit research organizations, other organizations, or institutions of higher education,'';
(C) by striking ``or individuals,'';
(D) by striking ``, including regional entities'' and all that follows through ``107-110))''; and
(E) by adding at the end the following:
``(2) Definition.--For purposes of this section, the term
`eligible applicant' means an entity described in paragraph
(1).'';
(4) by striking subsections (d) through (j) and inserting the following:
``(d) Applications.--
``(1) Submission.--
``(A) In general.--Each eligible applicant desiring a grant, contract, or cooperative agreement under this section shall submit an application at such time, in such manner, and containing such information as the Evaluation and Regional Assistance Commissioner may reasonably require.
``(B) Input.--To ensure that applications submitted under this paragraph are reflective of the needs of the regions to be served, each eligible applicant submitting such an application shall seek input from State educational agencies and local educational agencies in the region that the award will serve, and other individuals with knowledge of the region's needs.
``(2) Plan.--
``(A) In general.--Each application submitted under paragraph (1) shall contain a plan for the activities of the regional educational laboratory to be established under this section, which shall be updated, modified, and improved, as appropriate, on an ongoing basis, including by using the results of the laboratory's interim evaluation under subsection (i)(3).
``(B) Contents.--A plan described in subparagraph (A) shall address--
``(i) the priorities for applied research, development, evaluations, and wide dissemination established under section 207;
``(ii) the needs of State educational agencies and local educational agencies, on an ongoing basis, using available State and local data; and
``(iii) if available, demonstrated support from State educational agencies and local educational agencies in the region, such as letters of support or signed memoranda of understanding.
``(3) Non-federal support.--In conducting a competition for grants, contracts, or cooperative agreements under subsection
(a), the Evaluation and Regional Assistance Commissioner shall give priority to eligible applicants that will provide a portion of non-Federal funds to maximize support for activities of the regional educational laboratories to be established under this section.
``(e) Awarding Grants, Contracts, or Cooperative Agreements.--
``(1) Assurances.--In awarding grants, contracts, or cooperative agreements under this section, the Evaluation and Regional Assistance Commissioner shall--
``(A) make such an award for not more than a 5-year period;
``(B) ensure that regional educational laboratories established under this section have strong and effective governance, organization, management, and administration, and employ qualified staff; and
``(C) ensure that each such laboratory has the flexibility to respond in a timely fashion to the needs of the laboratory's region, including--
``(i) through using the results of the laboratory's interim evaluation under subsection (i)(3) to improve and modify the activities of the laboratory before the end of the award period; and
``(ii) through sharing preliminary results of the laboratory's research, as appropriate, to increase the relevance and usefulness of the research.
``(2) Coordination.--To ensure coordination and prevent unnecessary duplication of activities among the regions, the Evaluation and Regional Assistance Commissioner shall--
``(A) share information about the activities of each regional educational laboratory with each other regional educational laboratory, the Department, the Director, and the National Board for Education Sciences;
``(B) ensure, where appropriate, that the activities of each regional educational laboratory established under this section also serve national interests;
``(C) ensure each such regional educational laboratory establishes strong partnerships among practitioners, policymakers, researchers, and others, so that such partnerships are continued in the absence of Federal support; and
``(D) enable, where appropriate, for such a laboratory to work in a region being served by another laboratory or to carry out a project that extends beyond the region served by the laboratory.
``(3) Collaboration with technical assistance providers.-- Each regional educational laboratory established under this section shall, on an ongoing basis, coordinate its activities, collaborate, and regularly exchange information with the comprehensive centers (established in section 203) in the region in which the laboratory is located, and with comprehensive centers located outside of its region, as appropriate.
``(4) Outreach.--In conducting competitions for grants, contracts, or cooperative agreements under this section, the Evaluation and Regional Assistance Commissioner shall--
``(A) by making information and technical assistance relating to the competition widely available, actively encourage eligible applicants to compete for such an award; and
``(B) seek input from the chief executive officers of States, chief State school officers, educators, parents, superintendents, and other individuals with knowledge of the needs of the regions to be served by the awards, regarding--
``(i) the needs in the regions for applied research, evaluation, development, and wide-dissemination activities authorized by this title; and
``(ii) how such needs may be addressed most effectively.
``(5) Performance management.--Before the Evaluation and Regional Assistance Commissioner awards a grant, contract, or cooperative agreement under this section, the Director shall establish measurable performance indicators for assessing the ongoing progress and performance of the regional educational laboratories established with such awards that address the requirements of the performance management system described in section 185.
``(6) Standards.--The Evaluation and Regional Assistance Commissioner shall adhere to the Institute's system for technical and peer review under section 114(h) in reviewing the applied research activities and research-based reports of the regional educational laboratories.
``(7) Required consideration.--In determining whether to award a grant, contract, or cooperative agreement under this section--
``(A) to an eligible applicant that previously established a regional educational laboratory under this section, the Evaluation and Regional Assistance Commissioner shall--
``(i) consider the results of such laboratory's summative evaluation under subsection (i)(2), or, if not available, any interim evaluation findings under subsection (i)(3); and
``(ii) ensure that only such laboratories determined effective in their relevant interim or summative evaluations, as described in subsection (i), are eligible to receive a new grant, contract, or cooperative agreement; and
``(B) to any eligible applicant, the Evaluation and Regional Assistance Commissioner shall ensure that such applicant has--
``(i) a history of effectiveness in conducting high-quality applied research; and
``(ii) the capacity to meet the measurable performance indicators established under paragraph (5).
``(8) Flexibility in laboratory number.--
``(A) Determination.--The Evaluation and Regional Assistance Commissioner, in consultation with the regional educational laboratory advisory boards described in subsection (h), may determine that establishing 10 regional educational laboratories is unnecessary, as required in subsection (a), and grant an alternative number of awards or reorganize such laboratories, which may include not basing the awards on the regions described in subsection (b), if--
``(i) an insufficient number of regional educational laboratories are meeting the needs of the regions described in subsection (b), as determined by the Commissioner;
``(ii) an insufficient number of laboratories are meeting the measurable performance indicators established under paragraph (5), as determined by the Commissioner and the most recent interim or summative evaluation under subsection (i); or
``(iii) an insufficient number of eligible applicants have the capacity to meet the measurable performance indicators established under paragraph (5), as determined by the Commissioner.
``(B) Limitation.--If the Evaluation and Regional Assistance Commissioner uses the determination authority described in subparagraph (A), there shall be no more than 10 regional educational laboratories established.
``(f) Mission.--Each regional educational laboratory established under this section shall--
``(1) conduct applied research, development, data analysis, and evaluation activities with State educational agencies, local educational agencies, and, as appropriate, schools funded by the Bureau;
``(2) widely disseminate such work, consistent with section 114(j); and
``(3) develop the capacity of State educational agencies, local educational agencies, and, as appropriate, schools funded by the Bureau to carry out the activities described in paragraphs (1) and (2).
``(g) Activities.--To carry out the mission described in subsection (f), each regional educational laboratory established under this section shall carry out the following activities:
``(1) Conduct, widely disseminate, and promote utilization of applied research, development activities, evaluations, data analysis, and other scientifically valid research.
``(2) Develop and improve the plan for the laboratory under subsection (d)(2) for serving the region of the laboratory, and as appropriate, national needs, on an ongoing basis, which shall include seeking input and incorporating feedback from the representatives of State educational agencies and local educational agencies in the region, and other individuals with knowledge of the region's needs.
``(3) Ensure research and related products are relevant and responsive to the needs of the region.
``(h) Regional Educational Laboratory Advisory Board.--
``(1) Establishment.--Each regional educational laboratory established under this section may establish an advisory board that shall support the priorities of such laboratory.
``(2) Duties.--Each advisory board established under paragraph (1) shall advise the regional educational laboratory--
``(A) concerning the activities described in subsection
(g);
``(B) on strategies for monitoring and addressing the educational needs of the region, on an ongoing basis, and as appropriate, national needs;
``(C) on maintaining a high standard of quality in the performance of the laboratory's activities, especially in meeting the measurable performance indicators established under subsection (e)(5);
``(D) on carrying out the laboratory's duties in a manner that promotes progress toward improving student academic achievement;
``(E) on the activities undertaken by the comprehensive center in the region, other centers, as appropriate, and other laboratories to align the work of such entities, reduce redundancy, and increase collaboration and resource-sharing in such activities; and
``(F) on joint activities with other comprehensive centers or laboratories that would meet the needs of multiple regions.
``(3) Composition.--
``(A) In general.--Each advisory board shall--
``(i) not exceed 25 members;
``(ii) include the chief State school officer, or such officer's designee, or other State official, of States within the region of the laboratory who have primary responsibility under State law for elementary and secondary education in the State;
``(iii) include representatives of local educational agencies, including rural and urban local educational agencies, that represent the geographic diversity of the region;
``(iv) include researchers; and
``(v) include not less than 1 representative from an advisory board of a comprehensive center serving the region, if applicable.
``(B) Eligibility.--The membership of each regional educational laboratory advisory board may include the following:
``(i) Representatives of institutions of higher education.
``(ii) Parents.
``(iii) Practicing educators, including classroom teachers, school leaders, administrators, school board members, and other local school officials.
``(iv) Representatives of business.
``(v) Policymakers.
``(4) Recommendations.--In choosing individuals for membership on a regional educational laboratory advisory board, the regional educational laboratory shall consult with, and solicit recommendations from, the Evaluation and Regional Assistance Commissioner, the chief executive officers of States, chief State school officers, local educational agencies, and other education stakeholders within the applicable region.
``(5) Special rule.--The total number of members on each regional educational laboratory advisory board who are selected under clauses (ii) and (iii) of paragraph (3)(A), in the aggregate, shall exceed the total number of members who are selected under paragraph (3)(B), collectively.
``(i) Evaluations.--
``(1) In general.--The Evaluation and Regional Assistance Commissioner shall--
``(A) provide for ongoing summative and interim evaluations described in paragraphs (2) and (3), respectively, of each of the regional educational laboratories established under this section in carrying out the full range of duties described in this section; and
``(B) transmit the results of such evaluations, through appropriate means, to the appropriate congressional committees, the Director, and the public.
``(2) Summative evaluations.--The Evaluation and Regional Assistance Commissioner shall ensure each regional educational laboratory established under this section is evaluated by an independent entity at the end of the period of the grant, contract, or cooperative agreement that established such laboratory, and such evaluation shall--
``(A) be completed in a timely fashion;
``(B) assess how well the laboratory is meeting the measurable performance indicators established under subsection (e)(5); and
``(C) consider the extent to which the laboratory ensures that the activities of such laboratory are relevant and useful to the work of State and local practitioners and policymakers.
``(3) Interim evaluations.--The Evaluation and Regional Assistance Commissioner shall ensure each regional educational laboratory established under this section is evaluated at the midpoint of the period of the grant, contract, or cooperative agreement that established such laboratory, and such evaluation shall--
``(A) assess how well such laboratory is meeting the performance indicators described in subsection (e)(5); and
``(B) be used to improve the effectiveness of such laboratory in carrying out its plan under subsection (d)(2).
``(j) Continuation of Awards; Recompetition.--
``(1) Continuation of awards.--The Evaluation and Regional Assistance Commissioner shall continue awards made to each eligible applicant for the support of regional educational laboratories established under this section prior to the date of enactment of the Strengthening Education through Research Act, as such awards were in effect on the day before the date of enactment of such Act, for the duration of those awards, in accordance with the terms and agreements of such awards.
``(2) Recompetition.--Not later than the end of the period of the awards described in paragraph (1), the Evaluation and Regional Assistance Commissioner shall--
``(A) hold a competition to make grants, contracts, or cooperative agreements under this section to eligible applicants, which may include eligible applicants that held awards described in paragraph (1); and
``(B) in determining whether to select an eligible applicant that held an award described in paragraph (1) for an award under subparagraph (A) of this paragraph, consider the results of the summative evaluation under subsection
(i)(2) of the laboratory established with the eligible applicant's award described in paragraph (1).'';
(5) by striking subsection (l);
(6) by redesignating subsections (m), (n), and (o) as subsections (l), (m), and (n), respectively;
(7) in subsection (l), as redesignated by paragraph (6), by inserting ``and local'' after ``achieve State'';
(8) by striking subsection (m), as redesignated by paragraph (6), and inserting the following:
``(m) Annual Report.--Each regional educational laboratory established under this section shall submit to the Evaluation and Regional Assistance Commissioner an annual report containing such information as the Commissioner may require, but which shall include, at a minimum, the following:
``(1) A summary of the laboratory's activities and products developed during the previous year.
``(2) A listing of the State educational agencies, local educational agencies, and schools the laboratory assisted during the previous year.
``(3) Using the measurable performance indicators established under subsection (e)(5), a description of how well the laboratory is meeting educational needs of the region served by the laboratory.
``(4) Any changes to the laboratory's plan under subsection
(d)(2) to improve its activities in the remaining years of the grant, contract, or cooperative agreement.''; and
(9) by adding at the end the following:
``(o) Appropriations Reservation.--Of the amounts appropriated under section 194(a), the Evaluation and Regional Assistance Commissioner shall reserve 16.13 percent of such funds to carry out this section, of which the Commissioner shall use not less than 25 percent to serve rural areas (including schools funded by the Bureau which are located in rural areas).''.
(b) Conforming Amendment.--The table of contents in section 1 of the Act of November 5, 2002 (Public Law 107-279; 116 Stat. 1940), is amended by striking the item relating to section 174 and inserting the following:
``Sec. 174. Regional educational laboratories for research, development, dissemination, and evaluation.''.
PART E--NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH
SEC. 175. ESTABLISHMENT.
Section 175(b) (20 U.S.C. 9567(b)) is amended--
(1) in paragraph (1), by striking ``and children'' and inserting ``children, and youth'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and inserting a semicolon; and
(4) by adding at the end the following:
``(4) to promote quality and integrity through the use of accepted practices of scientific inquiry to obtain knowledge and understanding of the validity of education theories, practices, or conditions with respect to special education research and evaluation described in paragraphs (1) through
(3); and
``(5) to promote scientifically valid research findings in special education that may provide the basis for improving academic instruction and lifelong learning.''.
SEC. 176. COMMISSIONER FOR SPECIAL EDUCATION RESEARCH.
Section 176 (20 U.S.C. 9567a) is amended by inserting ``and youth'' after ``children''.
SEC. 177. DUTIES.
Section 177 (20 U.S.C. 9567b) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by inserting ``and youth'' after
``children'';
(B) in paragraph (2), by striking ``scientifically based educational practices'' and inserting ``educational practices, including the use of technology based on scientifically valid research,'';
(C) in paragraph (4)--
(i) by striking ``scientifically based''; and
(ii) by inserting ``are based on scientifically valid research and'' after ``interventions that'';
(D) in paragraph (10), by inserting before the semicolon the following: ``, including how secondary school credentials are related to postsecondary and employment outcomes'';
(E) by redesignating paragraphs (11) through (15) and paragraphs (16) and (17) as paragraphs (12) through (16), respectively, and paragraphs (18) and (19), respectively;
(F) by inserting after paragraph (10), the following:
``(11) examine the participation and outcomes of students with disabilities in secondary and postsecondary career and technical education programs;'';
(G) in paragraph (14), as redesignated by subparagraph (E), by inserting ``and professional development'' after
``preparation'';
(H) in paragraph (16), as redesignated by subparagraph (E), by striking ``help parents'' and inserting ``examine the methods by which parents may'';
(I) by inserting after paragraph (16), as redesignated by subparagraph (E), the following:
``(17) assist the Board in the preparation and dissemination of each evaluation report under section 116(d);'';
(J) in paragraph (18), as redesignated by subparagraph (E), by striking ``and'' at the end;
(K) by striking paragraph (19), as redesignated by subparagraph (E), and inserting the following:
``(19) examine the needs of children with disabilities who are English learners, are gifted and talented, or have other unique learning needs; and''; and
(L) by adding at the end the following:
``(20) examine innovations in the field of special education, such as multi-tiered systems of support.'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``for the activities of the Special Education Research Center'' after ``a research plan''; and
(ii) by striking ``Services, that--'' and inserting
``Services, and, subject to the approval of the Director, implement the research plan. The research plan shall be a plan that--'';
(B) in paragraph (1), by inserting ``described in section 175(b)'' after ``Center'';
(C) by striking paragraph (2) and inserting the following:
``(2) is carried out, and, as appropriate, updated and modified, including by using the results of the Special Education Research Center's most recent evaluation report under section 116(d);'';
(D) by striking paragraph (5);
(E) by redesignating paragraphs (3), (4), and (6) as paragraphs (4), (5), and (7), respectively;
(F) by inserting after paragraph (2) the following:
``(3) provides for research that addresses significant questions of practice where such research is lacking;'';
(G) in paragraph (5), as redesignated by subparagraph (E), by striking ``and types of children with'' and inserting ``, student subgroups, and types of''; and
(H) by inserting after paragraph (5), as redesignated by subparagraph (E), the following:
``(6) describes how the Special Education Research Center will use the performance management system described in section 185 to assess and improve the activities of the Center; and'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``Director'' and inserting ``Special Education Research Commissioner'';
(B) by striking paragraph (3) and inserting the following:
``(3) Applications.--
``(A) In general.--An eligible applicant that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Special Education Research Commissioner at such time, in such manner, and containing such information as the Special Education Research Commissioner may require.
``(B) Contents.--An application submitted under subparagraph (A) shall describe how the eligible applicant will address and demonstrate progress on the requirements of the performance management system described in section 185, with respect to the activities that will be carried out under such grant, contract, or cooperative agreement.''; and
(C) by adding at the end the following:
``(4) Duration.--Notwithstanding any other provision of law, the grants, contracts, and cooperative agreements under this section may be awarded or entered into, on a competitive basis, for a period of not more than 5 years, and may be renewed at the discretion of the Special Education Research Commissioner for an additional period of not more than 2 years if the recipient demonstrates progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under the grant, contract, or cooperative agreement received or entered into under this section.'';
(4) by striking subsection (e) and inserting the following:
``(e) Dissemination.--The Special Education Research Center shall synthesize and, consistent with section 114(j), widely disseminate and promote utilization of the findings and results of special education research conducted or supported by the Special Education Research Center.''; and
(5) in subsection (f), by striking ``part such sums as may be necessary for each of fiscal years 2005 through 2010.'' and inserting the following: ``part--
``(1) for fiscal year 2016, $54,000,000;
``(2) for fiscal year 2017, $55,242,000;
``(3) for fiscal year 2018, $56,512,566;
``(4) for fiscal year 2019, $57,812,355;
``(5) for fiscal year 2020, $59,142,039; and
``(6) for fiscal year 2021, $66,922,118.''.
PART F--GENERAL PROVISIONS
SEC. 181. PROHIBITIONS.
Section 182 (20 U.S.C. 9572) is amended--
(1) in subsection (b), by inserting ``specific academic achievement or content standards or assessments,'' after
``the curriculum,''; and
(2) in subsection (c), by striking ``an elementary school or secondary school'' and inserting ``early education, or in an elementary school, secondary school, or institution of higher education''.
SEC. 182. CONFIDENTIALITY.
Section 183 (20 U.S.C. 9573) is amended--
(1) in subsection (b)--
(A) by striking ``their families, and information with respect to individual schools,'' and inserting ``and their families''; and
(B) by inserting before the period at the end the following: ``, and that any disclosed information with respect to individual schools not reveal such individually identifiable information'';
(2) in subsection (d)(2), by inserting ``, including voluntary and uncompensated services under section 190'' after ``providing services''; and
(3) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting ``and Director'' after
``Secretary''.
SEC. 183. AVAILABILITY OF DATA.
Section 184 (20 U.S.C. 9574) is amended by striking ``use of the Internet'' and inserting ``electronic means, such as posting in an easily accessible manner on the Institute's website''.
SEC. 184. PERFORMANCE MANAGEMENT.
Section 185 (20 U.S.C. 9575) is amended to read as follows:
``SEC. 185. PERFORMANCE MANAGEMENT.
``The Director shall establish a system for managing the performance of all activities authorized under this title to promote continuous improvement of the activities and to ensure the effective use of Federal funds by--
``(1) developing and using measurable performance indicators, including timelines, to evaluate and improve the effectiveness of the activities;
``(2) using the performance indicators described in paragraph (1) to inform funding decisions, including the awarding and continuation of all grants, contracts, and cooperative agreements under this title;
``(3) establishing and improving formal feedback mechanisms to--
``(A) anticipate and meet stakeholder needs; and
``(B) incorporate, on an ongoing basis, the feedback of such stakeholders into the activities authorized under this title; and
``(4) promoting the wide dissemination and utilization, consistent with section 114(j), of all information, products, and publications of the Institute.''.
SEC. 185. AUTHORITY TO PUBLISH.
Section 186(b) (20 U.S.C. 9576(b)) is amended by striking
``any information to be published under this section before publication'' and inserting ``any publication under this section before the public release of such publication''.
SEC. 186. REPEALS.
(a) Repeals.--Sections 187 (20 U.S.C. 9577) and 193 (20 U.S.C. 9583) are repealed.
(b) Conforming Amendments.--The table of contents in section 1 of the Act of November 5, 2002 (Public Law 107-279; 116 Stat. 1940), is amended by striking the items relating to sections 187 and 193.
SEC. 187. FELLOWSHIPS.
Section 189 (20 U.S.C. 9579) is amended--
(1) by inserting ``and the mission of each National Education Center authorized under this title'' after
``related to education''; and
(2) by striking ``historically Black colleges and universities'' and inserting ``minority-serving institutions''.
SEC. 188. AUTHORIZATION OF APPROPRIATIONS.
Section 194 (20 U.S.C. 9584) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There are authorized to be appropriated to administer and carry out this title (except part E)--
``(1) for fiscal year 2016, $337,343,000;
``(2) for fiscal year 2017, $345,101,889;
``(3) for fiscal year 2018, $353,039,232;
``(4) for fiscal year 2019, $361,159,135;
``(5) for fiscal year 2020, $369,465,795; and
``(6) for fiscal year 2021, $376,225,846.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Reservations.--Of the amounts appropriated under subsection (a) for each fiscal year--
``(1) not less than the amount provided to the National Center for Education Statistics (as such Center was in existence on the day before the date of enactment of the Strengthening Education through Research Act) for fiscal year 2015 shall be provided to the National Center for Education Statistics, as authorized under part C; and
``(2) not more than the lesser of 2 percent of such appropriated amounts or $2,000,000 shall be made available to carry out section 116 (relating to the National Board for Education Sciences).''.
PART G--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 191. TECHNICAL AND CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Carl D. Perkins Career and Technical Education Act of 2006.--Section 3(25) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(25)) is amended by striking ``using scientifically based research standards, as defined in section 102'' and inserting ``in accordance with the principles of scientific research, as defined in section 102''.
(b) Elementary and Secondary Education Act of 1965.-- Section 9529(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7909(b)) is amended by striking ``section 153(a)(5)'' and inserting ``section 153(a)(6)''.
(c) Individuals With Disabilities Education Act.--Section 681(a)(1) of the Individuals with Disabilities Education Act
(20 U.S.C. 1481(a)(1)) is amended by striking ``section 178(c)'' and inserting ``section 177(c)''.
TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE
SEC. 201. REFERENCES.
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.).
SEC. 202. DEFINITIONS.
Section 202 (20 U.S.C. 9601) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) School leader.--The term `school leader' has the meaning given the term in section 102.''.
SEC. 203. COMPREHENSIVE CENTERS.
Section 203 (20 U.S.C. 9602) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Authorization.--
``(1) In general.--Subject to paragraph (3) and except as provided in subsection (b)(5), the Secretary shall award 17 grants, contracts, or cooperative agreements to eligible applicants to establish comprehensive centers.
``(2) Mission.--The mission of the comprehensive centers is to provide State educational agencies and local educational agencies technical assistance, analysis, and training to build their capacity in implementing the requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and other Federal education laws, and research- based practices.
``(3) Regions.--In awarding grants, contracts, or cooperative agreements under paragraph (1), the Secretary--
``(A) shall establish at least one comprehensive center for each of the 10 geographic regions served by the regional educational laboratories established under section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 6041(h)) (as such provision existed on the day before the date of enactment of this Act);
``(B) may establish additional comprehensive centers--
``(i) for one or more of the regions described in subparagraph (A); or
``(ii) to serve the Nation as a whole by providing technical assistance on a particular content area of importance to the Nation, as determined by the Secretary; and
``(C) may make such arrangements as the Secretary determines necessary to ensure that the Bureau of Indian Education and States or local educational agencies serving significant numbers of American Indian, Alaska Native, or Native Hawaiian students have access to services provided under this section.
``(4) Nation.--In the case of a comprehensive center established to serve the Nation as described in paragraph
(3)(B)(ii), the Nation shall be considered to be a region served by such Center.
``(5) Award period.--A grant, contract, or cooperative agreement under this section may be awarded, on a competitive basis, for a period of not more than 5 years.
``(6) Responsiveness.--The Secretary shall ensure that each comprehensive center established under this section has the ability to respond in a timely fashion to the needs of State educational agencies and local educational agencies, including through using the results of the center's interim evaluation under section 204(c), to improve and modify the activities of the center before the end of the award period.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, contracts, or cooperative agreements'' after ``Grants'';
(ii) by striking ``research organizations, institutions, agencies, institutions of higher education,'' and inserting
``public or private, nonprofit or for-profit research organizations, other organizations, or institutions of higher education,'';
(iii) by striking ``, or individuals,'';
(iv) by striking ``subsection (f)'' and inserting
``subsection (e)''; and
(v) by striking ``, including regional'' and all that follows through ``107-110))''; and
(B) by striking paragraphs (2) and (3) and inserting the following:
``(2) Outreach.--In conducting competitions for grants, contracts, or cooperative agreements under this section, the Secretary shall--
``(A) by making widely available information and technical assistance relating to the competition, actively encourage eligible applicants to compete for such awards; and
``(B) seek input from chief executive officers of States, chief State school officers, educators, parents, superintendents, and other individuals with knowledge of the needs of the regions to be served by the awards, regarding--
``(i) the needs in the regions for technical assistance authorized under this title; and
``(ii) how such needs may be addressed most effectively.
``(3) Performance management.--Before awarding a grant, contract, or cooperative agreement under this section, the Secretary shall establish measurable performance indicators to be used to assess the ongoing progress and performance of the comprehensive centers to be established under this title that address paragraphs (1) through (3) of the performance management system described in section 185.
``(4) Required consideration.--In determining whether to award or enter into a grant, contract, or cooperative agreement under this section--
``(A) to an eligible applicant that previously established a comprehensive center under this section, the Secretary shall--
``(i) consider the results of such center's summative evaluation under section 204(b) or, if not available, any interim evaluation results under section 204(c); and
``(ii) ensure that only centers determined effective in the centers' relevant interim or summative evaluations, as described in section 204, are eligible to receive a new grant, contract, or cooperative agreement; and
``(B) to any eligible applicant, the Secretary shall ensure that such applicant has--
``(i) a history of effectiveness in providing high-quality technical assistance; and
``(ii) the capacity to meet the measurable performance indicators established under paragraph (3).
``(5) Flexibility in comprehensive center number.--
``(A) Determination.--The Secretary, in consultation with the comprehensive center advisory boards described in subsection (f), may determine that establishing 17 comprehensive centers under this section is unnecessary, as required in subsection (a)(1), and grant an alternative number of awards or reorganize such centers, which may include organizing the centers around content area instead of by the regions described in subsection (a)(3), if--
``(i) an insufficient number of such comprehensive centers are meeting the needs of the regions described in paragraphs
(3) and (4) of subsection (a), as determined by the Secretary;
``(ii) an insufficient number of such comprehensive centers are meeting the measurable performance indicators established under paragraph (3), as determined by the Secretary and the most recent interim or summative evaluation under section 204; or
``(iii) an insufficient number of eligible applicants have the capacity to meet the measurable performance indicators established under paragraph (3), as determined by the Secretary.
``(B) Limitation.--The Secretary shall not use the determination authority described in subparagraph (A) to establish more than 17 comprehensive centers under this section.
``(6) Continuation of awards.--
``(A) Continuation of awards.--The Secretary shall continue awards made to each eligible applicant for the support of comprehensive centers established under this section prior to the date of enactment of the Strengthening Education through Research Act, as such awards were in effect on the day before the date of enactment of such Act, for the duration of those awards, in accordance with the terms and agreements of such awards.
``(B) Recompetition.--Not later than the end of the period of the awards described in subparagraph (A), the Secretary shall--
``(i) hold a competition to make grants, contracts, or cooperative agreements under this section to eligible applicants, which may include eligible applicants that held awards described in subparagraph (A); and
``(ii) in determining whether to select an eligible applicant that held an award described in subparagraph (A) for an award under clause (i) of this subparagraph, consider the results of the summative evaluation under section 204(b) of the center established with the eligible applicant's award described in subparagraph (A).
``(7) Eligible applicant defined.--For purposes of this section, the term `eligible applicant' means an entity described in paragraph (1).'';
(3) by striking subsection (c) and inserting the following:
``(c) Applications.--
``(1) Submission.--
``(A) In general.--Each eligible applicant seeking a grant, contract, or cooperative agreement under this section shall submit an application at such time, in such manner, and containing such additional information as the Secretary may reasonably require.
``(B) Input.--To ensure that applications submitted under this paragraph are reflective of the needs of the regions to be served, each eligible applicant submitting such an application shall seek input from--
``(i) State educational agencies and local educational agencies in the region that the award will serve; and
``(ii) other individuals with knowledge of the region's needs.
``(2) Plan.--
``(A) In general.--Each application submitted under paragraph (1) shall contain a plan for the comprehensive center to be established under this section, which shall be updated, modified, and improved, as appropriate, on an ongoing basis, including by using the results of the center's interim evaluation under section 204(c).
``(B) Contents.--A plan described in subparagraph (A) shall address--
``(i) the priorities for technical assistance established under section 207;
``(ii) the needs of State educational agencies and local educational agencies, on an ongoing basis, using available State and local data, including how the needs of schools identified for improvement and schools and local educational agencies with a high percentage or number of low-income students will be prioritized and served; and
``(iii) if available, demonstrated support from State educational agencies and local educational agencies, such as letters of support or signed memoranda of understanding.
``(3) Non-federal support.--In conducting a competition for grants, contracts, or cooperative agreements under subsection
(a), the Secretary shall give priority to eligible applicants that will provide a portion of non-Federal funds to maximize support for activities of the comprehensive centers to be established under this section.'';
(4) in subsection (d), by inserting ``the number of low- performing schools in the region,'' after ``economically disadvantaged students,'';
(5) by striking subsections (e), (g), and (h);
(6) by redesignating subsection (f) as subsection (e);
(7) in subsection (e), as redesignated by paragraph (6)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``support dissemination and technical assistance activities by'' and inserting ``support State educational agencies and local educational agencies, including by'';
(ii) in subparagraph (A)--
(I) in clause (i), by inserting ``and other Federal education laws'' before the semicolon;
(II) in clause (ii)--
(aa) in the matter preceding subclause (I), by striking
``and assessment tools'' and inserting ``, assessment tools, and other educational strategies'';
(bb) in subclause (I), by striking ``mathematics, science,'' and inserting ``mathematics and science, which may include computer science or engineering,''; and
(cc) in subclause (III), by inserting ``, including innovative tools and methods'' before the semicolon; and
(III) by striking clause (iii) and inserting the following:
``(iii) the replication and adaptation of exemplary practices and innovative methods that have an evidence base of effectiveness; and'';
(iii) in subparagraph (B)--
(I) by inserting ``, consistent with section 114(j),'' after ``disseminating''; and
(II) by striking ``(as described'' and all that follows through ``is located''; and
(iv) by striking subparagraph (C) and inserting the following:
``(C) ensuring activities carried out under this section are relevant and responsive to the needs of the region being served.''; and
(B) in paragraph (2)--
(i) by inserting ``, on an ongoing basis,'' after ``this section shall''; and
(ii) by striking ``in which the center is located'' and inserting ``served by the center or other regional educational laboratories or comprehensive centers, as appropriate''; and
(8) by adding at the end the following:
``(f) Comprehensive Center Advisory Board.--
``(1) Establishment.--Each comprehensive center established under this section may establish an advisory board that shall support the priorities of such center.
``(2) Duties.--Each advisory board established under paragraph (1) shall advise the comprehensive center--
``(A) concerning the activities described in subsection
(e);
``(B) on strategies for monitoring and addressing the educational needs of the region being served on an ongoing basis and, as appropriate, national needs;
``(C) on maintaining a high standard of quality in the performance of the center's activities, especially in meeting the measurable performance indicators established under subsection (b)(3);
``(D) on carrying out the center's duties in a manner that promotes progress toward improving student academic achievement;
``(E) on the activities undertaken by regional educational laboratories of the region being served, other regional educational laboratories, as appropriate, and other comprehensive centers to align the work of the laboratories and centers, reduce redundancy, and increase collaboration and resource-sharing in such activities; and
``(F) on joint activities, with other comprehensive centers or regional educational laboratories from other regions, that would meet the needs of multiple regions.
``(3) Composition.--
``(A) In general.--Each advisory board shall--
``(i) not exceed 25 members;
``(ii) include the chief State school officer, or such officer's designee, or other State official, of States within the region served by the comprehensive center who have primary responsibility under State law for elementary and secondary education in the State;
``(iii) include representatives of local educational agencies, including rural and urban local educational agencies, that represent the geographic diversity of the region;
``(iv) include researchers; and
``(v) include not less than 1 representative from the advisory board of a regional educational laboratory in the region being served by the comprehensive center.
``(B) Eligibility.--The membership of each comprehensive center advisory board may include the following:
``(i) Representatives of institutions of higher education.
``(ii) Parents.
``(iii) Practicing educators, including classroom teachers, school leaders, administrators, school board members, and other local school officials.
``(iv) Representatives of business.
``(v) Policymakers.
``(4) Recommendations.--In choosing individuals for membership on a comprehensive center advisory board, the comprehensive center shall consult with, and solicit recommendations from, the Secretary, chief executive officers of States, chief State school officers, local educational agencies, and other education stakeholders within the applicable region.
``(5) Special rule.--The total number of members on each board who are selected under clauses (ii) and (iii) of paragraph (3)(A), in the aggregate, shall exceed the total number of members who are selected under paragraph (3)(B), collectively.
``(g) Report to the Secretary.--Each comprehensive center established under this section shall submit to the Secretary an annual report, at such time, in such manner, and containing such information as the Secretary may require, which shall include the following:
``(1) A summary of the center's activities and products developed during the previous year.
``(2) A listing of the State educational agencies, local educational agencies, and schools the center assisted during the previous year.
``(3) Using the measurable performance indicators established under subsection (b)(3), a description of how well the center is meeting educational needs of the region served by the center.
``(4) Any changes to the center's plan under subsection
(c)(2) to improve its activities in the remaining years of the grant, contract, or cooperative agreement.''.
SEC. 204. EVALUATIONS.
Section 204 (20 U.S.C. 9603) is amended to read as follows:
``SEC. 204. EVALUATIONS.
``(a) In General.--The Secretary shall--
``(1) provide for ongoing summative and interim evaluations described in subsections (b) and (c), respectively, of each of the comprehensive centers established under this title in carrying out the full range of duties of the center under this title; and
``(2) transmit the results of such evaluations, through appropriate means, to the appropriate congressional committees, the Director of the Institute of Education Sciences, and the public.
``(b) Summative Evaluation.--The Secretary shall ensure each comprehensive center established under this title is evaluated by an independent entity at the end of the period of the grant, contract, or cooperative agreement that established such center, which shall--
``(1) be completed in a timely fashion;
``(2) assess how well the center is meeting the measurable performance indicators established under section 203(b)(3); and
``(3) consider the extent to which the center ensures that the technical assistance of such center is relevant and useful to the work of State and local practitioners and policymakers.
``(c) Interim Evaluation.--The Secretary shall ensure that each comprehensive center established under this title is evaluated at the midpoint of the period of the grant, contract, or cooperative agreement that established such center, which shall--
``(1) assess how well such center is meeting the measurable performance indicators established under section 203(b)(3); and
``(2) be used to improve the effectiveness of such center in carrying out its plan under section 203(c)(2).''.
SEC. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS.
(a) Repeal.--Section 205 (20 U.S.C. 9604) is repealed.
(b) Conforming Amendment.--The table of contents in section 1 of the Act of November 5, 2002 (Public Law 107-279; 116 Stat. 1940), is amended by striking the item relating to section 205.
SEC. 206. REGIONAL ADVISORY COMMITTEES.
(a) Repeal.--Section 206 (20 U.S.C. 9605) is repealed.
(b) Conforming Amendment.--The table of contents in section 1 of the Act of November 5, 2002 (Public Law 107-279; 116 Stat. 1940), is amended by striking the item relating to section 206.
SEC. 207. PRIORITIES.
Section 207 (20 U.S.C. 9606) is amended--
(1) by inserting ``Director and'' before ``Secretary shall establish'';
(2) by striking ``of the Education Sciences Reform Act of 2002'';
(3) by striking ``of this title'';
(4) by striking ``to address, taking onto account the regional assessments conducted under section 206 and other'' and inserting ``, respectively, using the results of''; and
(5) by striking ``relevant regional'' and all that follows through ``Secretary deems appropriate'' and inserting
``relevant regional and national surveys of educational needs''.
SEC. 208. GRANT PROGRAM FOR STATEWIDE, LONGITUDINAL DATA
SYSTEMS.
Section 208 (20 U.S.C. 9607) is amended--
(1) in subsection (a)--
(A) by inserting before the period at the end the following: ``, the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)''; and
(B) by adding at the end the following: ``State educational agencies receiving a grant under this section may provide subgrants to local educational agencies to improve the capacity of local educational agencies to carry out the activities authorized under this section.'';
(2) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (g), respectively;
(3) by inserting after subsection (b), the following:
``(c) Performance Management.--Before awarding a grant under this section, the Secretary shall establish measurable performance indicators--
``(1) to be used to assess the ongoing progress and performance of State educational agencies receiving a grant under this section; and
``(2) that address paragraphs (1) through (3) of the performance management system described in section 185.'';
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``, promotes linkages across States,'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``supports school improvement and'' after ``data that'';
(ii) in subparagraph (A), by striking ``and other reporting requirements and close achievement gaps; and'' and inserting
``and other reporting requirements, close achievement gaps, and improve teaching and school leadership;'';
(iii) in subparagraph (B), by striking ``and close achievement gaps; and'' and by inserting ``, close achievement gaps, and improve teaching and school leadership; and''; and
(iv) by inserting after subparagraph (B) the following:
``(C) to align statewide, longitudinal data systems from early education through postsecondary education (including pre-service preparation programs), and the workforce, consistent with privacy protections under section 183;''; and
(C) by striking paragraph (3) and inserting the following:
``(3) ensures the protection of student privacy, and includes a review of how State educational agencies, local educational agencies, and others that will have access to the statewide, longitudinal data systems under this section will adhere to Federal privacy laws and protections, consistent with section 183, in the building, maintenance, and use of such data systems;
``(4) ensures State educational agencies receiving a grant under this section support professional development that builds the capacity of teachers and school leaders to use data effectively; and
``(5) gives priority to State educational agencies that leverage the use of statewide, longitudinal data systems to improve student achievement and growth, including such State educational agencies that--
``(A) are carrying out the activities described in section 153(a)(5);
``(B) define the roles of State educational agencies, local educational agencies, and others in providing timely access to data under the statewide, longitudinal data systems, consistent with privacy protections in section 183; and
``(C) demonstrate the capacity to share teacher and school leader performance data, including student achievement and growth data, with local educational agencies and teacher and school leader preparation programs.'';
(5) by inserting after subsection (e), as redesignated by paragraph (2), the following:
``(f) Renewal of Awards.--The Secretary may renew a grant awarded to a State educational agency under this section for a period not to exceed 3 years, if the State educational agency has demonstrated progress on the measurable performance indicators established under subsection (c).''; and
(6) by striking subsection (g), as redesignated by paragraph (2), and inserting the following:
``(g) Reports.--
``(1) First report.--Not later than 1 year after the date of enactment of the Strengthening Education through Research Act, the Secretary shall prepare and make publicly available a report on the implementation and effectiveness of the activities carried out by State educational agencies receiving a grant under this section, including--
``(A) information on progress in the development and use of statewide, longitudinal data systems described in this section;
``(B) information on best practices and areas for improvement in such development and use; and
``(C) how the State educational agencies are adhering to Federal privacy laws and protections in the building, maintenance, and use of such data systems.
``(2) Succeeding reports.--Every succeeding 3 years after the report is made publicly available under paragraph (1), the Secretary shall prepare and make publicly available a report on the implementation and effectiveness of the activities carried out by State educational agencies receiving a grant under this section, including--
``(A) information on the requirements of subparagraphs (A) through (C) of paragraph (1); and
``(B) the progress, in the aggregate, State educational agencies are making on the measurable performance indicators established under subsection (c).''.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
Section 209 (20 U.S.C. 9608) is amended to read as follows:
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) for fiscal year 2016, $82,984,000;
``(2) for fiscal year 2017, $84,892,632;
``(3) for fiscal year 2018, $86,845,163;
``(4) for fiscal year 2019, $88,842,601;
``(5) for fiscal year 2020, $90,885,981; and
``(6) for fiscal year 2021, $92,548,906.''.
TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
SEC. 301. REFERENCES.
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9621 et seq.).
SEC. 302. NATIONAL ASSESSMENT GOVERNING BOARD.
Section 302 (20 U.S.C. 9621) is amended--
(1) in subsection (a), by striking ``shall formulate policy guidelines'' and inserting ``shall oversee and set policies, in a manner consistent with subsection (e) and accepted professional standards,'';
(2) in subsection (b)(1)(L)--
(A) by striking ``principals'' and inserting ``leaders''; and
(B) by striking ``principal'' both places it appears and inserting ``leader'';
(3) in subsection (c), by striking paragraph (4);
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``the Assessment Board after consultation with'' before ``organizations''; and
(ii) in subparagraph (B)--
(I) by striking ``Each organization submitting nominations to the Secretary with'' and inserting ``With''; and
(II) by inserting ``, the Assessment Board'' after
``particular vacancy''; and
(B) in paragraph (2)--
(i) by striking ``that each organization described in paragraph (1)(A) submit additional nominations'' and inserting ``additional nominations from the Assessment Board or each organization described in paragraph (1)(A)''; and
(ii) by striking ``such organization'' and inserting ``the Assessment Board''; and
(5) in subsection (e)(1)--
(A) in subparagraph (A)--
(i) by inserting ``in consultation with the Commissioner for Education Statistics,'' before ``select'';
(ii) by inserting ``and grades or ages'' before ``to be''; and
(iii) by inserting ``, and determine the year in which such assessments will be conducted'' after ``assessed'';
(B) in subparagraph (D), by inserting ``school leaders,'' after ``teachers,'';
(C) in subparagraph (E), by striking ``design'' and inserting ``provide input on'';
(D) by striking ``and'' at the end of subparagraph (I);
(E) by redesignating subparagraph (J) as subparagraph (K);
(F) by inserting after subparagraph (I), the following:
``(J) provide input to the Director on annual budget requests for the National Assessment of Educational Progress; and'';
(G) in subparagraph (K), as redesignated by subparagraph
(E)--
(i) by striking ``plan and execute the initial public release of''; and
(ii) by inserting ``release the initial'' before
``National''; and
(H) in the matter following subparagraph (K), as redesignated by subparagraph (E), by striking ``subparagraph
(J)'' and inserting ``subparagraph (K)''.
SEC. 303. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
Section 303 (20 U.S.C. 9622) is amended--
(1) in subsection (a), by striking ``with the advice of the Assessment Board established under section 302'' and inserting ``in a manner consistent with accepted professional standards and the policies set forth by the Assessment Board under section 302(a)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (D), by inserting ``and consistent with section 302(e)(1)(A)'' after ``resources allow'';
(ii) in subparagraph (G)--
(I) by striking ``limited English proficiency'' and inserting ``English learner status''; and
(II) by striking ``and'' at the end of subparagraph (G);
(iii) in subparagraph (H), by striking the period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(I) determine, after taking into account section 302(e)(1)(I), the content of initial and subsequent reports of all assessments authorized under this section and ensure that such reports are valid and reliable.''; and
(B) in paragraph (5)(C), by striking ``limited English proficiency'' and inserting ``English learner status'';
(3) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``of Education'' after
``Secretary''; and
(B) in subparagraph (D)--
(i) by striking ``Chairman of the House'' before
``Committee on Education'';
(ii) by inserting ``of the House of Representatives'' after
``Workforce'';
(iii) by striking ``Chairman of the Senate'' before
``Committee on Health''; and
(iv) by inserting ``of the Senate'' after ``Pensions'';
(4) in subsection (d)(1), by inserting before the period, the following: ``, except as required under section 1112(b)(1)(F) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)(F))'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``or age''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``shall'' and all that follows through
``be'' and insert ``shall be'';
(II) by redesignating subclauses (I) and (II) as clauses
(i) and (ii), respectively (and by moving the margins 2 ems to the left); and
(III) in clause (ii), as redesignated by subclause (II), by striking ``, or the age of the students, as the case may be'';
(ii) in subparagraph (B)--
(I) by striking ``After the determinations described in subparagraph (A), devising'' and inserting ``The Assessment Board shall, in making the determination described in subparagraph (A), use''; and
(II) by inserting ``, providing for the active participation of teachers, school leaders, curriculum specialists, local school administrators, parents, and concerned members of the general public'' after
``approach''; and
(iii) in subparagraph (D), by inserting ``Assessment'' before ``Board''; and
(6) in subsection (g)(2)--
(A) in the heading, by striking ``affairs'' and inserting
``education''; and
(B) by striking ``Affairs'' and inserting ``Education''.
SEC. 304. DEFINITIONS.
Section 304 (20 U.S.C. 9623) is amended by striking paragraphs (1) and (2) and inserting the following:
``(1) In general.--The terms `elementary school', `local educational agency', and `secondary school' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
``(2) Director.--The term `Director' means the Director of the Institute of Education Sciences.
``(3) School leader.--The term `school leader' has the meaning given the term in section 102.
``(4) Secretary.--The term `Secretary' means the Secretary of Education.
``(5) State.--The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.''.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Section 305(a) (20 U.S.C. 9624(a)) is amended to read as follows:
``(a) In General.--There are authorized to be appropriated--
``(1) for fiscal year 2016--
``(A) $8,235,000 to carry out section 302 (relating to the National Assessment Governing Board); and
``(B) $129,000,000 to carry out section 303 (relating to the National Assessment of Educational Progress);
``(2) for fiscal year 2017--
``(A) $8,424,405 to carry out section 302 (relating to the National Assessment Governing Board); and
``(B) $131,967,000 to carry out section 303 (relating to the National Assessment of Educational Progress);
``(3) for fiscal year 2018--
``(A) $8,618,166 to carry out section 302 (relating to the National Assessment Governing Board); and
``(B) $135,002,241 to carry out section 303 (relating to the National Assessment of Educational Progress);
``(4) for fiscal year 2019--
``(A) $8,816,384 to carry out section 302 (relating to the National Assessment Governing Board); and
``(B) $138,107,293 to carry out section 303 (relating to the National Assessment of Educational Progress);
``(5) for fiscal year 2020--
``(A) $9,019,161 to carry out section 302 (relating to the National Assessment Governing Board); and
``(B) $141,283,760 to carry out section 303 (relating to the National Assessment of Educational Progress); and
``(6) for fiscal year 2021--
``(A) $9,184,183 to carry out section 302 (relating to the National Assessment Governing Board); and
``(B) $143,868,805 to carry out section 303 (relating to the National Assessment of Educational Progress).''.
TITLE IV--EVALUATION PLAN
SEC. 401. RESEARCH AND EVALUATION.
(a) In General.--The Institute of Education Sciences shall be the primary entity for conducting research on and evaluations of Federal education programs within the Department of Education to ensure the rigor and independence of such research and evaluation.
(b) Flexible Authority.--
(1) Reservation.--Notwithstanding any other provision of law in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) related to evaluation, the Secretary of Education, in consultation with the Director of the Institute of Education Sciences--
(A) may, for purposes of carrying out the activities described in paragraph (2)(B)--
(i) reserve not more than 0.5 percent of the total amount of funds appropriated for each program authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), other than part A of title I of such Act (20 U.S.C. 6311 et seq.) and section 1501 of such Act (20 U.S.C. 6491); and
(ii) reserve, in the manner described in subparagraph (B), an amount equal to not more than 0.1 percent of the total amount of funds appropriated for--
(I) part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); and
(II) section 1501 of such Act (20 U.S.C. 6491); and
(B) in reserving the amount described in subparagraph
(A)(ii)--
(i) shall reserve not more than the total amount of funds appropriated for section 1501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491); and
(ii) may, in a case in which the total amount of funds appropriated for such section 1501 (20 U.S.C. 6491) is less than the amount described in subparagraph (A)(ii), reserve the amount of funds appropriated for part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) that is needed for the sum of the total amount of funds appropriated for such section 1501 (20 U.S.C. 6491) and such amount of funds appropriated for such part A of title I (20 U.S.C. 6311 et seq.) to equal the amount described in subparagraph (A)(ii).
(2) Authorized activities.--If funds are reserved under paragraph (1)--
(A) neither the Secretary of Education nor the Director of the Institute of Education Sciences shall--
(i) carry out evaluations under section 1501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491); or
(ii) reserve funds for evaluation activities under section 3111(c)(1)(C) of such Act (20 U.S.C. 6821(c)(1)(C)); and
(B) the Secretary of Education, in consultation with the Director of the Institute of Education Sciences--
(i) shall use the funds reserved under paragraph (1) to carry out high-quality evaluations (consistent with the requirements of section 173(a) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9563(a)), as amended by this Act, and the evaluation plan described in subsection (c) of this section) of programs authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and
(ii) may use the funds reserved under paragraph (1) to--
(I) increase the usefulness of the evaluations conducted under clause (i) to promote continuous improvement of programs under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); or
(II) assist grantees of such programs in collecting and analyzing data and other activities related to conducting high-quality evaluations under clause (i).
(3) Dissemination.--The Secretary of Education or the Director of the Institute of Education Sciences shall disseminate evaluation findings, consistent with section 114(j) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9514(j)), as amended by this Act, of evaluations carried out under paragraph (2)(B)(i).
(4) Consolidation.--The Secretary of Education, in consultation with the Director of the Institute of Education Sciences--
(A) may consolidate the funds reserved under paragraph (1) for purposes of carrying out the activities under paragraph
(2)(B); and
(B) shall not be required to evaluate under paragraph
(2)(B)(i) each program authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) each year.
(c) Evaluation Plan.--The Director of the Institute of Education Sciences, in consultation with the Secretary of Education, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that--
(1) describes the specific activities that will be carried out under subsection (b)(2)(B) for the 2-year period applicable to the plan, and the timelines of such activities;
(2) contains the results of the activities carried out under subsection (b)(2)(B) for the most recent 2-year period; and
(3) describes how programs authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) will be regularly evaluated.
(d) Rule of Construction.--Nothing in this section shall be construed to affect section 173(b) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9563(b)), as amended by this Act.
______
SA 2934. Mr. McCONNELL (for Mr. Kirk) proposed an amendment to the resolution S. Res. 148, condemning the Government of Iran's state-
sponsored persecution of its Baha'i minority and its continued violation of the International Covenants on Human Rights; as follows:
On page 5, line 8, strike ``12'' and insert ``9''.
______
SA 2935. Mr. McCONNELL (for Mr. Kirk) proposed an amendment to the resolution S. Res. 148, condemning the Government of Iran's state-
sponsored persecution of its Baha'i minority and its continued violation of the International Covenants on Human Rights; as follows:
In the tenth whereas clause of the preamble, strike ``12'' and insert ``9''.
In the thirteenth whereas clause of the preamble, strike
``100'' and insert ``71''.
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SA 2936. Mr. McCONNELL (for Mr. Corker (for himself and Mr. Shelby)) proposed an amendment to the bill H.R. 515, to protect children and others from sexual abuse and exploitation, including sex trafficking and sex tourism, by providing advance notice of intended travel by registered sex offenders outside the United States to the government of the country of destination, requesting foreign governments to notify the United States when a known sex offender is seeking to enter the United States, and for other purposes; as follows:
On page 42, strike lines 13 through 17 and insert the following:
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act $6,000,000 for each of fiscal years 2017 and 2018.
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SA 2937. Mr. McCONNELL (for Mr. Cardin) proposed an amendment to the bill S. 284, to impose sanctions with respect to foreign persons responsible for gross violations of internationally recognized human rights, and for other purposes; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Magnitsky Human Rights Accountability Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Foreign person.--The term ``foreign person'' means a person that is not a United States person.
(2) Person.--The term ``person'' means an individual or entity.
(3) United states person.--The term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence--
(1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek--
(A) to expose illegal activity carried out by government officials; or
(B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections;
(2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph
(1);
(3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or
(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph
(3).
(b) Sanctions Described.--The sanctions described in this subsection are the following:
(1) Inadmissibility to united states.--In the case of a foreign person who is an individual--
(A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or
(B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--
(A) In general.--The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section.
(C) Exception relating to importation of goods.--
(i) In general.--The authority to block and prohibit all transactions in all property and interests in property under subparagraph (A) shall not include the authority to impose sanctions on the importation of goods.
(ii) Good.--In this subparagraph, the term ``good'' has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
(c) Consideration of Certain Information in Imposing Sanctions.--In determining whether to impose sanctions under subsection (a), the President shall consider--
(1) information provided by the chairperson and ranking member of each of the appropriate congressional committees; and
(2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights.
(d) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees.--Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall--
(1) determine if that person has engaged in such an activity; and
(2) submit a report to the chairperson and ranking member of that committee with respect to that determination that includes--
(A) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and
(B) if the President imposed or intends to impose sanctions, a description of those sanctions.
(e) Exception To Comply With United Nations Headquarters Agreement and Law Enforcement Objectives.--Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States would further important law enforcement objectives or is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.
(f) Enforcement of Blocking of Property.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out subsection (b)(2) shall be subject to the penalties set forth in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
(g) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that--
(1) credible information exists that the person did not engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or
(4) the termination of the sanctions is in the vital national security interests of the United States.
(h) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
(i) Identification of Sanctionable Foreign Persons.--The Assistant Secretary of State for Democracy, Human Rights, and Labor, in consultation with the Assistant Secretary of State for Consular Affairs and other bureaus of the Department of State, as appropriate, is authorized to submit to the Secretary of State, for review and consideration, the names of foreign persons who may meet the criteria described in subsection (a).
(j) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.
SEC. 4. REPORTS TO CONGRESS.
(a) In General.--The President shall submit to the appropriate congressional committees, in accordance with subsection (b), a report that includes--
(1) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 3 during the year preceding the submission of the report;
(2) a description of the type of sanctions imposed with respect to each such person;
(3) the number of foreign persons with respect to which the President--
(A) imposed sanctions under section 3(a) during that year; and
(B) terminated sanctions under section 3(g) during that year;
(4) the dates on which such sanctions were imposed or terminated, as the case may be;
(5) the reasons for imposing or terminating such sanctions; and
(6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 3.
(b) Dates for Submission.--
(1) Initial report.--The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act.
(2) Subsequent reports.--
(A) In general.--The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of--
(i) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and
(ii) each calendar year thereafter.
(B) Congressional statement.--Congress notes that December 10 of each calendar year has been recognized in the United States and internationally since 1950 as ``Human Rights Day''.
(c) Form of Report.--
(1) In general.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(2) Exception.--The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President--
(A) determines that it is vital for the national security interests of the United States to do so;
(B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and
(C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section 3(a).
(d) Public Availability.--
(1) In general.--The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.
(e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and
(2) the Committee on Appropriations, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives.
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