[Congressional Record Volume 161, Number 184 (Thursday, December 17, 2015)]
[Senate]
[Pages S8796-S8830]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           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

[[Page S8797]]

     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

[[Page S8798]]

       ``(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

[[Page S8799]]

     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,

[[Page S8800]]

     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

[[Page S8801]]

     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

[[Page S8802]]

       (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

[[Page S8803]]

       ``(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

[[Page S8804]]

     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

[[Page S8805]]

     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

[[Page S8806]]

     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

[[Page S8807]]

     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.

[[Page S8808]]

       ``(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

[[Page S8809]]

     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.

[[Page S8810]]

       ``(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

[[Page S8811]]

     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

[[Page S8812]]

     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

[[Page S8813]]

       ``(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.

[[Page S8814]]

       ``(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)'';

[[Page S8815]]

       (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:

[[Page S8816]]

  


     ``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.''.

[[Page S8817]]

  


                   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--

[[Page S8818]]

       ``(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);

[[Page S8819]]

       (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

[[Page S8820]]

     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).

[[Page S8821]]

  


     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.--

[[Page S8822]]

       ``(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.

[[Page S8823]]

       ``(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)--

[[Page S8824]]

       (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.''.

[[Page S8825]]

  


     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)--

[[Page S8826]]

       (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,'';

[[Page S8827]]

       (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,

[[Page S8828]]

     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''.
                                 ______
                                 
  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.
                                 ______
                                 
  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

[[Page S8829]]

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.

[[Page S8830]]

       (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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