Sec. 9. PROHIBITIONS
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## SEC. 9 PROHIBITIONS Section 8 (20 U.S.C. 2306a) is amended— ####
(1)in subsection (a), by striking “ Federal Government to mandate, ” and all that follows through the period at the end and inserting > “Federal Government— > > > #### “(1) > > to condition or incentivize the receipt of any grant, contract, or cooperative agreement, or the receipt of any priority or preference under such grant, contract, or cooperative agreement, upon a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school’s adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards); > > > #### “(2) > > through grants, contracts, or other cooperative agreements, to mandate, direct, or control a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards); or > > > #### “(3) > > except as required under sections 112(b), 211(b), and 223— > > > ##### “(A) > > to mandate, direct, or control the allocation of State or local resources; or > > > ##### “(B) > > to mandate that a State or a political subdivision of a State spend any funds or incur any costs not paid for under this Act.” > ; ####
(2)by amending subsection
(d)to read as follows: > > ### “(d) 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).” > ; and ####
(3)by adding at the end the following: > > ### “(f) Congressional Notice and Comment > > > #### “(1) Notice to congress > > Not less than 15 business days prior to issuing a notice of proposed rulemaking related to this Act 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) > > a description of how the regulation is consistent with the scope of this Act; > > > ##### “(D) > > the anticipated burden (including the time, cost, and paperwork burden) the regulation will impose on an eligible agency, institution, or recipient that may be impacted by the regulation, including the potential impact on rural areas; > > > ##### “(E) > > the anticipated benefits to an eligible agency, institution, or recipient that may be impacted by the regulation, including in rural areas; and > > > ##### “(F) > > 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 members of 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.” > .
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