Sec. 1601. GENERAL PROVISIONS
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## SEC. 1601 GENERAL PROVISIONS ###
(a)Federal Regulations Section 1601 (20 U.S.C. 6571), as redesignated by section 1501(a)(4) of this Act, is amended— ####
(1)in subsection (a), by inserting “, in accordance with subsections
(b)through
(d)and subject to section 1111(e),” after “may issue”; ####
(2)in subsection (b)— #####
(A)in paragraph (1), by inserting “principals, other school leaders (including charter school leaders),” after “teachers,”; #####
(B)in paragraph (2), by adding at the end the following: “Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.”; #####
(C)in paragraph (3)(A), by striking “standards and assessments” and inserting “standards, assessments under section 1111(b)(2), and the requirement under section 1118 that funds under part A be used to supplement, and not supplant, State and local funds”; #####
(D)by striking paragraph
(4)and inserting the following: > > #### “(4) Process > > Such process— > > > ##### “(A) > > shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.); and > > > ##### “(B) > > shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V, United States Code (commonly known as the ‘Negotiated Rulemaking Act of 1990’).” > ; and #####
(E)by striking paragraph (5); ####
(3)by redesignating subsection
(c)as subsection (d); ####
(4)by inserting after subsection
(b)the following: > > ### “(c) Alternative Process for Certain Exceptions > > If consensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under subsection (b)(3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner: > > > #### “(1) Notice to congress > > Not less than 15 business days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include— > > > ##### “(A) > > a copy of the proposed regulation; > > > ##### “(B) > > the need to issue the regulation; > > > ##### “(C) > > the anticipated burden, including the time, cost, and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; > > > ##### “(D) > > the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and > > > ##### “(E) > > any regulations that will be repealed when the new regulation is issued. > > > #### “(2) Comment period for congress > > The Secretary shall— > > > ##### “(A) > > before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and > > > ##### “(B) > > include and seek to address all comments submitted by Congress in the public rulemaking record for the regulation published in the Federal Register. > > > #### “(3) Comment and review period; emergency situations > > The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall— > > > ##### “(A) > > designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1); > > > ##### “(B) > > publish the length of the comment and review period in such notice and in the Federal Register; and > > > ##### “(C) > > conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.” > ; ####
(5)in subsection (d), as redesignated by paragraph (3), by striking “Regulations to carry out this part” and inserting “Regulations to carry out this title”; and ####
(6)by inserting after subsection (d), as redesignated by paragraph (3), the following: > > ### “(e) Rule of Construction > > Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’) or chapter 8 of title 5, United States Code (commonly known as the ‘Congressional Review Act’).” > . ###
(b)Agreements and Records Subsection
(a)of section 1602 (20 U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this Act, is amended to read as follows: > > ### “(a) Agreements > > In any case in which a negotiated rulemaking process is established under section 1601(b), all published proposed regulations shall conform to agreements that result from the rulemaking described in section 1601 unless the Secretary reopens the negotiated rulemaking process.” > . ###
(c)State administration Section 1603 (20 U.S.C. 6573), as redesignated by section 1501(a)(4) of this Act, is further amended— ####
(1)in subsection (a)— #####
(A)in paragraph (1)— ######
(i)in subparagraph (C), by striking “and” after the semicolon; ######
(ii)in subparagraph (D), by striking the period and inserting “; and”; and ######
(iii)by adding at the end the following: > > ##### “(E) > > > ######
(i)> > identify any duplicative or contrasting requirements between the State and Federal rules or regulations; and > > > ###### “(ii) > > eliminate the State rules and regulations that are duplicative of Federal requirements.” > ; and #####
(B)in paragraph (2), by striking “the challenging State student academic achievement standards” and inserting “the challenging State academic standards”; and ####
(2)in subsection (b)(2), by striking subparagraphs
(C)through
(G)and inserting the following: > > ##### “(C) > > teachers from traditional public schools and charter schools (if there are charter schools in the State) and career and technical educators; > > > ##### “(D) > > principals and other school leaders; > > > ##### “(E) > > parents; > > > ##### “(F) > > members of local school boards; > > > ##### “(G) > > representatives of private school children; > > > ##### “(H) > > specialized instructional support personnel and paraprofessionals; > > > ##### “(I) > > representatives of authorized public chartering agencies (if there are charter schools in the State); and > > > ##### “(J) > > charter school leaders (if there are charter schools in the State).” > . # TITLE II PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS
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