SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care Access and Refundability
Expansion Act'' or as the ``Child CARE Act''.

SEC. 2. CREDIT FOR DEPENDENT CARE EXPENSES.

    (a) Credit Made Refundable.--
            (1) In general.--The Internal Revenue Code of 1986 is
        amended by redesignating section 21 as section 36C and by
        moving such section after section 36B.
            (2) Credit not allowed for services provided outside the
        united states.--Section 36C(b)(2)(A) of such Code, as
        redesignated by this section, is amended by adding at the end
        the following: ``Such term shall not include any amount paid
        for services provided outside the United States.''.
            (3) Conforming amendments.--
                    (A) Section 23(f)(1) of such Code is amended by
                striking ``section 21(e)'' and inserting ``section
                36C(e)''.
                    (B) Section 35(g)(6) of such Code is amended by
                striking ``section 21(e)'' and inserting ``section
                36C(e)''.
                    (C) Section 36C(a)(1) of such Code, as redesignated
                by this section, is amended by striking ``this
                chapter'' and inserting ``this subtitle''.
                    (D) Section 129(a)(2)(C) of such Code is amended by
                striking ``section 21(e)'' and inserting ``section
                36C(e)''.
                    (E) Section 129(b)(2) of such Code is amended by
                striking ``section 21(d)(2)'' and inserting ``section
                36C(d)(2)''.
                    (F) Section 129(e)(1) of such Code is amended by
                striking ``section 21(b)(2)'' and inserting ``section
                36C(b)(2)''.
                    (G) Section 213(e) of such Code is amended by
                striking ``section 21'' and inserting ``section 36C''.
                    (H) Section 6211(b)(4)(A) of such Code is amended
                by inserting ``36C,'' after ``36B,''.
                    (I) Section 6213(g)(2)(H) of such Code is amended
                by striking ``section 21'' and inserting ``section
                36C''.
                    (J) Section 6213(g)(2)(L) of such Code is amended
                by striking ``section 21, 24, 32, or 6428'' and
                inserting ``section 24, 32, 36C, or 6428''.
                    (K) Paragraph (2) of section 1324(b) of title 31,
                United States Code, is amended by inserting ``36C,''
                after ``36B,''.
                    (L) The table of sections for subpart A of part IV
                of subchapter A of chapter 1 of the Internal Revenue
                Code of 1986 is amended by striking the item relating
                to section 21.
                    (M) The table of sections for subpart C of part IV
                of subchapter A of chapter 1 of such Code is amended by
                inserting after the item relating to section 36B the
                following new item:

``Sec. 36C. Expenses for household and dependent care services
                            necessary for gainful employment.''.
    (b) Increase in Dollar Limitation.--Section 36C(c) of such Code, as
redesignated by this section, is amended--
            (1) by striking ``$3,000'' in paragraph (1) and inserting
        ``$8,000'', and
            (2) by striking ``$6,000'' in paragraph (2) and inserting
        ``twice the dollar amount in effect under paragraph (1)''.
    (c) Credit Allowed for 50 Percent of Qualified Expenses.--Section
36C(a)(2) of such Code, as redesignated by this section, is amended by
striking ``35 percent'' and all that follows and inserting ``50
percent.''.
    (d) Income Limitation.--Section 36C(a) of such Code, as
redesignated by this section, is amended by adding at the end the
following new paragraph:
            ``(3) Income limitation.--No credit shall be allowed under
        paragraph (1) with respect to any taxpayer for any taxable year
        if the taxpayer's adjusted gross income for such taxable year
        exceeds $200,000.''.
    (e) Inflation Adjustment of Dollar and Income Limitations.--Section
36C(e) of such Code, as redesignated by this section, is amended by
adding at the end the following new paragraph:
            ``(11) Inflation adjustment.--
                    ``(A) In general.--In the case of any taxable year
                beginning in a calendar year after 2015, the $8,000
                amount in subsection (c)(1) and the $200,000 amount in
                subsection (a)(3) shall each be increased by an amount
                equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year in which the taxable year begins,
                        determined by substituting `calendar year 2014'
                        for `calendar year 1992' in subparagraph (B)
                        thereof.
                    ``(B) Rounding.--Any increase determined under
                subparagraph (A) shall be rounded to the nearest
                multiple of $100.''.
    (f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.

SEC. 3. CREDIT FOR EDUCATION OF EMPLOYEES OF CHILD CARE CENTERS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:

``SEC. 45S. CHILD CARE CENTER EDUCATION CREDIT.

    ``(a) In General.--For the purposes of section 38, the child care
center education credit determined under this section for the taxable
year is an amount equal to 50 percent of so much of the child care
educational expenses paid or incurred by the taxpayer with respect to
the operation of a qualified child care center during the taxable year.
    ``(b) Limitation.--The child care educational expenses taken into
account under subsection (a) with respect to any eligible employee of
the taxpayer for any taxable year shall not exceed $1,000.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Child care educational expenses.--
                    ``(A) In general.--The term `child care educational
                expenses' means, with respect to any eligible employee,
                expenses paid or incurred by the taxpayer to an
                eligible educational institution (as defined in section
                25A(f)(2)) for classes related to early childhood
                education or development or child care certification.
                    ``(B) Eligible employee.--The term `eligible
                employee' means any employee of the taxpayer whose
                primary job function is providing care to children in a
                qualified child care center.
            ``(2) Qualified child care center.--The term `qualified
        child care center' means any dependent care center (as defined
        in section 36C(b)(2)(D)) located in the United States which
        meets the requirements of section 36C(b)(2)(C)(i).
    ``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for the portion of the expenses otherwise allowable
as a deduction that are taken into account in determining the credit
under this section for the taxable year.''.
    (b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (35), by striking the period at the end of paragraph (36)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
            ``(37) the child care center education credit determined
        under section 45S(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 45S. Child care center education credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date.

Summary: Child Care Access and Refundability Expansion Act or the Child CARE Act This bill amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) make such credit refundable, (2) deny such creditnbsp. For services provided outside the United States, (3) increase the dollar limit on the allowable amount of such credit and the percentage rate for qualified expenses, (4) deny such credit for taxpayers whose adjusted gross income exceeds $200,000 in a taxable year. And (5) allow an annual inflation adjustment to the threshold amount for reducing such credit and the maximum allowable credit amount, beginning after 2015. The bill also allows a new tax credit for 50 of the child care educational expenses, up to a maximum of $1,000 in any taxable year,nbsp. Paid with respect to the operation of a qualified child care center.

Child CARE Act


SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Railroad
Infrastructure Financing Improvement Act''.
    (b) References to the Railroad Revitalization and Regulatory Reform
Act of 1976.--Except as otherwise expressly provided, wherever in this
Act 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 Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et
seq.).

SEC. 2. DEFINITIONS.

    Section 501 (45 U.S.C. 821) is amended--
            (1) by redesignating paragraph (8) as paragraph (10);
            (2) by redesignating paragraphs (6) and (7) as paragraphs
        (7) and (8), respectively;
            (3) by inserting after paragraph (5) the following:
            ``(6) The term `investment-grade rating' means a rating of
        BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a
        rating agency.'';
            (4) by inserting after paragraph (8), as redesignated, the
        following:
            ``(9) The term `master credit agreement' means an agreement
        to make 1 or more direct loans or loan guarantees at future
        dates for a program of related projects secured by a common
        security pledge on terms acceptable to the Secretary.''; and
            (5) by adding at the end the following:
            ``(11) The term `project obligation' means as note, bond,
        debenture, or other debt obligation issued by a borrower in
        connection with the financing of a project, other than a direct
        loan or loan guarantee under this title.
            ``(12) The term `railroad' has the meaning given the term
        `railroad carrier' in section 20102 of title 49, United States
        Code.
            ``(13) The term `rating agency' means a credit rating
        agency registered with the Securities and Exchange Commission
        as a nationally recognized statistical rating organization (as
        defined in section 3(a) of the Securities Exchange Act of 1934
        (15 U.S.C. 78c(a))).
            ``(14) The term `substantial completion' means--
                    ``(A) the opening of a project to passenger or
                freight traffic; or
                    ``(B) a comparable event, as determined by the
                Secretary and specified in the direct loan.''.

SEC. 3. ELIGIBLE APPLICANTS.

    Section 502(a) (45 U.S.C. 822(a)) is amended--
            (1) in paragraph (5), by striking ``one railroad; and'' and
        inserting ``1 of the entities described in paragraph (1), (2),
        (3), (4), or (6);'';
            (2) by amending paragraph (6) to read as follows:
            ``(6) solely for the purpose of constructing a rail
        connection between a plant or facility and a rail carrier,
        limited option freight shippers that own or operate a plant or
        other facility; and''; and
            (3) by adding at the end the following:
            ``(7) any obligor, as designated by an entity otherwise
        eligible to receive a direct loan or loan guarantee under this
        section, including a special purpose entity receiving user fees
        or other payments or revenues from dedicated sources for debt
        service and maintenance of the equipment or facilities to be
        acquired or improved; and
            ``(8) solely for a project described in subsection
        (b)(1)(D), a public-private partnership, private entity, or
        consortium that specializes in real estate development.''.

SEC. 4. ELIGIBLE PURPOSES.

    Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended--
            (1) in subparagraph (A), by inserting ``, and including
        costs related to these activities and excluding operating
        expenses'' after ``shops'';
            (2) in subparagraph (B), by striking ``subparagraph (A);
        or'' and inserting ``subparagraph (A) or (C);'';
            (3) in subparagraph (C), by striking the period at the end
        and inserting ``; or''; and
            (4) by adding at the end the following:
                    ``(D) finance economic development, including
                commercial and residential development, and related
                infrastructure and activities, that--
                            ``(i) incorporates private investment;
                            ``(ii) is physically or functionally
                        related to a passenger rail station or
                        multimodal station; and
                            ``(iii) is likely to increase ridership at
                        that station.''.

SEC. 5. PROGRAM ADMINISTRATION.

    (a) Application Processing Procedures.--Section 502(i) (45 U.S.C.
822(i)) is amended to read as follows:
    ``(i) Application Processing Procedures.--
            ``(1) Application status notices.--Not later than 30 days
        after the date that the Secretary receives an application under
        this section, the Secretary shall provide the applicant written
        notice as to whether the application is complete or incomplete.
            ``(2) Incomplete applications.--If the Secretary determines
        that an application is incomplete, the Secretary shall--
                    ``(A) provide the applicant with a description of
                all of the specific information or material that is
                needed to complete the application; and
                    ``(B) allow the applicant to resubmit the
                information and material described under subparagraph
                (A) to complete the application without prejudice.
            ``(3) Application approvals and disapprovals.--Not later
        than 60 days after the date the Secretary notifies an applicant
        that an application is complete under paragraph (1), the
        Secretary shall provide the applicant written notice as to
        whether the Secretary has approved or disapproved the
        application.
            ``(4) Expedited processing.--The Secretary shall implement
        procedures and measures to economize the time and cost involved
        in obtaining an approval or a disapproval of credit assistance
        under this title.''.
    (b) Administration of Direct Loans and Loan Guarantees.--Section
503 (45 U.S.C. 823) is amended--
            (1) in subsection (a), by striking the period at the end
        and inserting ``, including a program guide and standard term
        sheet, application deadlines, and specific timetables.'';
            (2) by redesignating subsections (c) through (l) as
        subsections (d) through (m), respectively;
            (3) by striking ``(b) Assignment of Loan Guarantees.--''
        and inserting ``(c) Assignment of Loan Guarantees.--'';
            (4) in subsection (d), as redesignated--
                    (A) in paragraph (1), by striking ``; and'' and
                inserting a semicolon;
                    (B) in paragraph (2), by striking the period at the
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the modification cost has been covered under section
        502(f).''; and
            (5) by amending subsection (l), as redesignated, to read as
        follows:
    ``(l) Charges.--
            ``(1) Purposes.--The Secretary may collect from each
        applicant a reasonable charge for--
                    ``(A) the cost of evaluating the application,
                amendments, modifications, and waivers, including
                appraisal of the value of the equipment or facilities
                for which the direct loan or loan guarantee is sought,
                and for making necessary determinations and findings;
                    ``(B) the cost of award management and project
                management oversight;
                    ``(C) the cost of services from expert firms,
                including counsel, in the field of railroad, municipal,
                and project finance, to assist in the underwriting,
                auditing, servicing, and exercise of rights with
                respect to direct loans and loan guarantees; and
                    ``(D) the cost of all other expenses incurred as a
                result of a breach of any term or condition or any
                event of default on a direct loan or loan guarantee.
            ``(2) Standards.--The Secretary shall prescribe standards
        for applying a charge under this subsection to ensure that it
        does not prevent an applicant from having adequate access to
        direct loans and loan guarantees under this title.
            ``(3) Safety and operations account.--Amounts collected
        under this subsection shall be credited directly to the Safety
        and Operations account of the Federal Railroad Administration,
        and shall remain available until expended to pay for the costs
        described in this subsection.''.

SEC. 6. LOAN TERMS AND REPAYMENT.

    (a) Prerequisites for Assistance.--Section 502(g)(1) (45 U.S.C.
822(g)(1)) is amended by striking ``35 years from the date of its
execution'' and inserting ``the lesser of 50 years or 90 percent of the
estimated useful life of the rail equipment or facilities to be
acquired, rehabilitated, improved, developed, or established''.
    (b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) is
amended--
            (1) in paragraph (1), by striking ``the sixth anniversary
        date of the original loan disbursement'' and inserting ``5
        years after the date of substantial completion''; and
            (2) by adding at the end the following:
            ``(3) Deferred payments.--
                    ``(A) In general.--If at any time after the date of
                substantial completion the project is unable to
                generate sufficient revenues to pay the scheduled loan
                repayments of principal and interest on the direct
                loan, the Secretary, subject to subparagraph (B), may
                allow the obligor to add unpaid principal and interest
                to the outstanding balance of the direct loan.
                    ``(B) Interest.--A payment deferred under
                subparagraph (A) shall--
                            ``(i) continue to accrue interest under
                        paragraph (2) until the loan is fully repaid;
                        and
                            ``(ii) be scheduled to be amortized over
                        the remaining term of the loan.
            ``(4) Prepayments.--
                    ``(A) Use of excess revenues.--Any excess revenues
                that remain after satisfying scheduled debt service
                requirements on the project obligations and direct loan
                and all deposit requirements under the terms of any
                trust agreement, bond resolution, or similar agreement
                securing project obligations may be applied annually to
                prepay the direct loan without penalty.
                    ``(B) Use of proceeds of refinancing.--The direct
                loan may be prepaid at any time without penalty from
                the proceeds of refinancing from non-Federal funding
                sources.''.

SEC. 7. CREDIT RISK PREMIUMS.

    Section 502(f) (45 U.S.C. 822(f)) is amended--
            (1) in paragraph (1), by amending the first sentence to
        read as follows: ``In lieu of or in combination with
        appropriations of budget authority to cover the costs of direct
        loans and loan guarantees as required under section 504(b)(1)
        of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)),
        including the cost of a modification thereof, the Secretary may
        accept on behalf of an applicant for assistance under this
        section a commitment from a non-Federal source, including a
        State or local government or agency thereof, to fund in whole
        or in part credit risk premiums and modification costs with
        respect to the loan that is the subject of the application or
        modification.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (D), by adding ``and'' after
                the semicolon;
                    (B) by striking subparagraph (E); and
                    (C) by redesignating subparagraph (F) as
                subparagraph (E);
            (3) by striking paragraph (4);
            (4) by redesignating paragraph (3) as paragraph (4);
            (5) by inserting after paragraph (2) the following:
            ``(3) Creditworthiness.--An applicant may propose and the
        Secretary may accept as a basis for determining the amount of
        the credit risk premium under paragraph (2) any of the
        following in lieu of the value of any tangible asset as
        collateral under paragraph (2)(A):
                    ``(A) A rate covenant, if applicable.
                    ``(B) Adequate coverage requirements to ensure
                repayment, on a non-recourse basis, from cash flows
                generated by the project or any other dedicated revenue
                source, including--
                            ``(i) tolls;
                            ``(ii) user fees; or
                            ``(iii) payments owing to the obligor under
                        a public-private partnership.
                    ``(C) An investment-grade rating on debt senior to
                the direct loan or loan guarantee.
                    ``(D) A rating on the direct loan or loan
                guarantee, as applicable.'';
            (6) in paragraph (4), as redesignated, by striking
        ``amounts'' and inserting ``amounts (and in the case of a
        modification, before the modification is executed), to the
        extent appropriations are not available to the Secretary to
        meet the costs of direct loans and loan guarantees, including
        costs of modifications thereof''; and
            (7) by adding at the end the following:
            ``(5) Use of other federal funds.--Notwithstanding any
        other provision of law, an applicant may use other Federal
        funds to pay part or all of a credit risk premium under this
        subsection.''.

SEC. 8. MASTER CREDIT AGREEMENTS.

    Section 502 (45 U.S.C. 822) is amended by adding at the end the
following:
    ``(k) Master Credit Agreements.--
            ``(1) In general.--Subject to section 502(d) and paragraph
        (2) of this subsection, the Secretary may enter into a master
        credit agreement if--
                    ``(A) the common security pledge receives an
                investment-grade rating from a rating agency prior to
                the Secretary entering into the master credit
                agreement; and
                    ``(B) all of the conditions for the provision of
                direct loans or loan guarantees, as applicable, under
                this title are satisfied.
            ``(2) Conditions.--Each master credit agreement shall--
                    ``(A) establish the maximum amount and general
                terms and conditions of each applicable direct loan or
                loan guarantee;
                    ``(B) identify 1 or more dedicated non-Federal
                revenue sources that will secure the repayment of each
                applicable direct loan or loan guarantee;
                    ``(C) provide for the obligation of funds for the
                direct loans or loan guarantees after all requirements
                have been met for the projects subject to the master
                credit agreement; and
                    ``(D) unless otherwise extended by the Secretary,
                require that each applicable direct loan and loan
                guarantee results in a financial close and obligation
                of assistance, or release of the master credit
                agreement, not later than 3 years after the date of
                entry by the Secretary into the agreement.
    ``(l) Non-Federal Share.--The proceeds of a direct loan under this
title may be used for any non-Federal share of project costs required
under chapter 244 of title 49, United States Code, if the loan is
repayable from non-Federal funds.''.

SEC. 9. MISCELLANEOUS PROVISIONS.

    (a) Priority Projects.--Section 502(c)(5) (45 U.S.C. 822(c)(5)) is
amended by inserting ``or chapter 227 of title 49'' after ``section 135
of title 23''.
    (b) Conditions of Assistance.--Section 502(h) (45 U.S.C. 822(h)) is
amended--
            (1) in paragraph (2), by inserting ``, if applicable''
        after ``project''; and
            (2) by adding at the end the following:
            ``(4) For a project described in subsection (b)(1)(D), the
        Secretary shall require the applicant to pay, in addition to
        the interest required under subsection (e), a fee or payment in
        an amount determined appropriate by the Secretary to provide an
        equitable share of revenue to support capital or operating
        costs of routes serving the passenger rail station or
        multimodal station where the development is located.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for each of fiscal years
2015 through 2020 $100,000,000, to remain available until expended, for
the cost of direct loans and loan guarantees under sections 502 through
504 of the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.).

SEC. 11. SAVINGS PROVISION.

    This Act, and the amendments made by this Act, shall not affect any
direct loan (or direct loan obligation) or an outstanding loan
guarantee (or loan guarantee commitment) that was in effect prior to
the date of enactment of this Act. Any such transaction entered into
before the date of enactment of this Act shall be administered until
completion under its terms as if this Act were not enacted.

Summary: Railroad Infrastructure Financing Improvement Act This bill amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Department of Transportation (DOT) to make direct loans and loan guarantees to: joint ventures that include, instead of at least one railroad, at least one railroad, state or local government, interstate compact, or government sponsored authority or corporation (entity). And any obligor, as designated by such an entity, including a special purpose entity receiving user fees or other payments or revenues from dedicated sources for debt service and maintenance of the equipment or facilities to be acquired or improved. Direct loans and loan guarantees may also be solely for a public-private partnership, private entity, a consortium that specializes in real estate development, or an economic development project physically or functionally related to a passenger rail station or multimodal station. DOT shall notify direct loan or loan guarantee applicants if their applications are incomplete, and within another 60 days approve or disapprove a resubmitted application. Charges may be collected for certain costs additional to the evaluation of applications. The current formula cap on such a charge is repealed. The term for repayment of a direct loan or loan guarantee may extend from a maximum of 35 years to a maximum of the lesser of 50 years or 90 of the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established. DOT may allow an obligor to add unpaid principal and interest to the outstanding balance if at any time after the date of substantial completion the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on a direct loan. Prepayments without penalty are also allowed. Authority for cohorts of loans is repealed. A direct loan or loan guarantee applicant may propose, and DOT may accept as collateral, as a basis for determining the amount of a credit risk premium any of the following in lieu of the value of any tangible asset: a rate covenant. Adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source. An investment-grade rating on debt senior to the direct loan or loan guarantee. Or a rating on the direct loan or loan guarantee. DOT may enter into a master credit agreement if: the common security pledge receives an investment-grade rating from a rating agency before entry into the master credit agreement. And all specified conditions for the provision of direct loans or loan guarantees, as applicable, are satisfied. DOT must require the applicant for an economic development project to pay, in addition to interest, a fee to provide an equitable share of revenue to support capital or operating costs of routes serving the passenger rail station or multimodal station where the development is located.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Disciplinary Fairness Act of
2015''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Too many juveniles are introduced to the formal
        criminal justice system for minor behavioral infractions at
        school.
            (2) Common behavioral infractions at school often result in
        suspension, expulsion, or incarceration of the juvenile
        students involved.
            (3) Zero-tolerance school discipline policies increase the
        number of incarcerated juveniles.
            (4) Research shows that juveniles who are incarcerated are
        significantly less likely to complete secondary school,
        experience less human capital development and diminished
        earnings potential, and are more likely to recidivate and be
        incarcerated as adults.

SEC. 3. SCHOOL DISCIPLINE POLICY.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) is amended by inserting after title V the
following new title:

                  ``TITLE VI--SCHOOL DISCIPLINE POLICY

``SEC. 601. ESTABLISHMENT OF OFFICE.

    ``(a) In General.--There is hereby established within the Office of
Juvenile Justice and Delinquency Prevention an Office of School and
Discipline Policy (referred to in this title as the `Office'), headed
by a Director appointed by the Administrator of the Office of Juvenile
Justice and Delinquency Prevention.
    ``(b) Purpose.--The purpose of the Office shall be to reduce the
number of juveniles who are incarcerated and develop a criminal record
based on activity that occurs while the juvenile is at school.

``SEC. 602. DUTIES.

    ``The Office shall--
            ``(1) collect and publish data, in collaboration with the
        Office for Civil Rights of the Department of Education,
        relating to the arrest and incarceration of juvenile students
        for violations of school rules or policies;
            ``(2) work with States, units of local government, local
        educational agencies, and non-governmental organizations in
        order to expand the use of alternatives to detention and
        incarceration programming in schools in order to reduce the
        number of juvenile students who are arrested and incarcerated
        for violating school rules or policies; and
            ``(3) collect and publish data, in collaboration with the
        Office of Justice Programs, relating to the relationship
        between the presence of a school resource officer at a school
        and the rate of juvenile students who are arrested and
        incarcerated for violations of school rules or policies.

``SEC. 603. SCHOOL DISCIPLINE POLICY GRANT PROGRAM.

    ``(a) Grants Authorized.--The Director may make grants to States,
units of local government, and local educational agencies in order to
further the purpose described in section 601(b).
    ``(b) Application.--A State, unit of local government, or local
educational agency seeking a grant under this section shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may reasonably require.
    ``(c) Preference.--The Director shall give preference in awarding
grants to an applicant that demonstrates that it has, at the time of
submitting an application, begun to take steps to further the purpose
described in section 601(b).
    ``(d) Uses of Funds.--A State, unit of local government or local
educational agency that receives a grant under this section shall use
such funds for programs that reduce the rate of juvenile students who
are arrested and incarcerated for violations of school rules or
policies, and any other activity that the Director determines will
further the purpose described in section 601(b).

``SEC. 604. DEFINITIONS.

    ``In this title:
            ``(1) The term `school' means an elementary school or a
        secondary school as such terms are defined in section 9101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801).
            ``(2) The term `school resource officer' has the meaning
        given such term in section 1709 of the Omnibus Crime Control
        and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8).
            ``(3) The term `local educational agency' has the meaning
        given such term in section 9101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7801).
            ``(4) The term `juvenile student' means a juvenile who is
        enrolled in school.

``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated such sums as may be
necessary for fiscal years 2014 and 2015 to carry out this title.''.

SEC. 4. CONDITIONS FOR STATES TO RECEIVE ``COPS ON THE BEAT'' GRANTS.

    Section 1702(c) of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end
        and inserting ``; and''; and
            (3) by inserting after paragraph (11), the following new
        paragraph:
            ``(12) in the case of an applicant that is a State or unit
        of local government, provide assurances that--
                    ``(A) the administration of juvenile justice in the
                applicant's jurisdiction is consistent with any
                requirements of the United States Constitution and the
                4th, 5th, and 14th amendments to the Constitution,
                including assurances that--
                            ``(i) before a juvenile is arrested, the
                        arresting law enforcement officer must have
                        probable cause specific to that juvenile; and
                            ``(ii) juveniles who are arrested must
                        receive adequate procedural due process,
                        including--
                                    ``(I) adequate and timely notice to
                                the juvenile and the juvenile's
                                guardian regarding any court
                                proceedings related to the incident for
                                which the juvenile was arrested;
                                    ``(II) representation by an
                                attorney in any court proceeding as a
                                result of which the juvenile could face
                                incarceration;
                                    ``(III) protections against self-
                                incrimination; and
                                    ``(IV) an opportunity to cross-
                                examine any witness testifying against
                                the juvenile; and
                    ``(B) any contract governing the terms of probation
                for a juvenile shall not contain any clauses that--
                            ``(i) the juvenile cannot understand; and
                            ``(ii) in the case of a juvenile student
                        (as such term is defined in section 604 of the
                        Juvenile Justice and Delinquency Prevention Act
                        of 1974), could result in incarceration for
                        violations of school rules or policies.''.

SEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO ACCESS CERTAIN RECORDS
              RELATING TO JUVENILE JUSTICE.

    Section 210401 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14141) is amended by adding at the end the
following:
    ``(c) Access to Certain Records Relating to Juvenile Justice.--The
Attorney General may issue subpoenas requiring the production of any
documents relating to any matter which the Attorney General is
authorized to investigate under subsection (a).''.

SEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM.

    (a) Program Authorized.--From the amounts appropriated to carry out
this section, the Secretary of Education (acting through the Office of
Civil Rights of the Department of Education) shall make grants to
eligible entities to fund training for school personnel in elementary
schools and secondary schools on de-escalation techniques to teach the
personnel procedures and tactics to mitigate delinquent student
behavior which may avoid a referral to law enforcement officials.
    (b) Application.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary of
Education at such time, in such manner, and containing such information
as the Secretary may require, including information that demonstrates
that the eligible entity--
            (1) is fully compliant with all applicable Federal school
        discipline data reporting requirements, including, if
        applicable, the reporting requirements of section 618 of the
        Individuals with Disabilities Education Act of 1965 (20 U.S.C.
        1418(a)); and
            (2) has provided complete information to all applicable
        data surveys of Department of Education, including the Office
        for Civil Rights.
    (c) Limitation.--An elementary school or secondary school may only
receive assistance under this section during a grant period from 1
eligible entity receiving a grant under this section during the grant
period.
    (d) Definitions.--For purposes of this section:
            (1) Eligible entity.--The term ``eligible entity'' means a
        State, unit of general local government, or juvenile justice
        agency.
            (2) General esea terms.--The terms ``elementary schools'',
        ``secondary schools'', and ``State'' have the meanings given
        the terms in section 9101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7801).
            (3) School personnel.--The term ``school personnel'' has
        the meaning given the term in section 4151 of the Elementary
        and Secondary Education Act of 1965 (20 U.S.C. 7161).
    (e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2014 and
2015 to carry out this section.

Summary: Student Disciplinary Fairness Act of 2015 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish an Office of School and Discipline Policy within the Department of Justice (DOJ). The Office must collect and publish data on the arrests or incarceration of juvenile students for violations of school rules or policies. It must also collaborate with states and local governments to expand alternatives to juvenile detention and incarceration. The legislation amends the Omnibus Crime Control and Streets Act of 1968 to require state or local governments that apply for public safety and community policing grants to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees, including due process and equal protection, and that probation terms for a juvenile meet certain conditions. This bill amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize DOJ to issue subpoenas during investigations of law enforcement agencies for alleged patterns or practices of conduct that violate constitutional rights. The Office of Civil Rights of the Department of Education must make grants to states, local governments, and juvenile justice agencies to train elementary and secondary school teachers and administrators on de-escalation techniques to mitigate delinquent student behavior.


SECTION 1. SHORT TITLE AND DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``National Renewable
Energy Lands Act of 2002''.
    (b) Definitions.--For purposes of this Act:
            (1) The term ``renewable energy'' means electric energy
        generated by solar, wind, or geothermal power.
            (2) The term ``candidate sites'' means sites identified
        under section 4 as candidates for the siting of renewable
        energy production facilities.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The expedited development and deployment of energy
        efficiency and renewable energy technologies and resources in
        the United States will both increase our energy independence
        and contribute to ensuring our energy security.
            (2) Renewable energy facilities produce cleaner energy and
        have much less impact on the environment than conventional
        energy facilities and fuels in terms of air pollution, acid
        rain, and greenhouse gases.
            (3) The United States has abundant solar, wind, and
        geothermal resources on Federal lands providing, a tremendous
        potential for the development and deployment of renewable
        energy power.
            (4) The use of solar, wind, and geothermal technologies and
        resources can be enhanced through the use of integrated
        hydroelectric storage systems.
            (5) The development and deployment of renewable energy
        technologies and resources on Federal lands can be done in an
        expedited fashion consistent with the requirements of the
        Federal Land Management Policy Act of 1976 and the National
        Environmental Policy Act of 1969.

SEC. 3. EVALUATION OF FEDERAL HYDROELECTRIC FACILITY CANDIDATE SITES.

    The Secretary of the Interior, acting through the Bureau of
Reclamation and the Bureau of Land Management, and in consultation with
the Federal Power Marketing Administrations and other appropriate
Federal agencies, shall evaluate all Federal hydroelectric facilities
on Federal lands and, within 1 year after the enactment of this Act,
identify facilities that are candidates for interconnection with
potential renewable energy generation facilities. Evaluation criteria
to identify candidate facilities shall include--
            (1) proximity of the hydroelectric facilities to Federal
        lands suitable for renewable energy projects;
            (2) existing transmission capacity infrastructure in
        proximity to the hydroelectric facilities;
            (3) the need for, and value of, enhanced peaking power
        production capability in conjunction with the hydroelectric
        facilities;
            (4) the value of increased Department of the Interior
        ability to address varied multiple-use concerns, such as water
        resource management, recreational and wildlife uses, deriving
        from the additional margins of generation potentially provided
        by collocated renewable energy production facilities; and
            (5) other criteria to be determined.

SEC. 4. EVALUATION OF FEDERAL RENEWABLE ENERGY PRODUCTION CANDIDATE
              SITES.

    The Secretary of the Interior, acting through the Bureau of
Reclamation and the Bureau of Land Management, and in consultation with
the Federal Power Marketing Administrations and other appropriate
Federal agencies, shall, within 1 year after the enactment of this Act,
evaluate and identify potential renewable energy production sites on
Federal lands. Evaluation criteria to identify candidate sites shall
include each of the following:
            (1) Proximity to (A) hydroelectric facilities that are
        identified under section 3 as candidates for interconnection
        with potential renewable energy generation facilities, or (B)
        support infrastructure, including roadways, transmission lines,
        and other facilities.
            (2) Topography appropriate for solar, wind, or geothermal
        generation systems.
            (3) The absence of cultural or historic resources.
            (4) The impact of facilities on wildlife including the
        likelihood of interference with federally listed threatened or
        endangered species and their habitats.
            (5) The absence of any other potential impediments to the
        development of electric energy generation and transmission
        facilities.
Upon completion of the evaluation, the Secretary shall publish a list
of the sites that the Secretary finds to be qualified for the location
of renewable energy facilities. Such list shall be made available for
public comment for a period of at least 90 days.

SEC. 5. ENGINEERING FEASIBILITY ANALYSIS.

    The Secretary of the Interior, acting through the Bureau of
Reclamation and the Bureau of Land Management, and in consultation with
other appropriate Federal agencies, shall complete an engineering
feasibility analysis for sites that are identified under section 4 as
candidate sites setting forth each of the following:
            (1) The capability and cost estimates of additional hydro-
        related transmission equipment additions (if any) based on pro
        forma power production increases in 1-percent increments up to
        a total of 10 percent of the subject hydrofacilities current
        production capacity.
            (2) An analysis of the potential financial benefits of
        coordinated operation of the potential renewable energy
        facilities located at the candidate sites with hydroelectric
        facilities on Federal lands.
            (3) An analysis of the potential environmental benefits to
        affected aquatic ecosystems arising from improved flexibility
        in hydrofacility water management attributable to collocated
        renewable energy systems.

SEC. 6. LEASING.

    (a) In General.--Upon the completion of the engineering feasibility
analysis under section 5 of this Act, the Secretary of the Interior,
acting through the Director of the Bureau of Land Management, shall
expeditiously make the most promising of the candidate sites identified
under section 4 available for long-term lease pursuant to a competitive
bidding process to qualified renewable energy development firms. In
identifying the candidate areas to be made available for leasing under
this section, the Secretary shall locate such areas and determine the
size of such areas in such manner as will (1) minimize the need for
additional rights of way for transmission and for transportation, and
(2) provide such lands to enable the lessee to expand the size of any
initial facility to be constructed on the lease lands.
    (b) Advertising.--The Director of the Bureau of Land Management
shall publicly advertise the terms and conditions of potential long-
term lease agreements for the candidate sites.
    (c) Request for Proposals.--The Director of the Bureau of Land
Management shall prepare a request for proposals to develop the
candidate sites identified under section 4.
    (d) Issuance of Leases.--The leases issued under this section shall
be for a period of not less than 30 years.
    (e) Commencement of Construction and Operation.--As a condition of
any lease under this section, the Director of the Bureau of Land
Management shall require lessees to commence construction of a
renewable energy production facility within 24 months of the signing of
the lease and be fully capable of producing electric energy for sale
within 36 months of the signing of the lease for the public lands site.

SEC. 7. GAO REPORT.

    The Comptroller General of the United States shall undertake an
investigation of, and prepare and submit to the Congress a report on,
the existing impediments to the construction of renewable energy
projects on Federal lands and the measures, including legislative
measures, necessary to expedite the development of such projects.

SEC. 8. CONTRACT EXPIRATION.

    Upon expiration and renegotiation of any contract for the sale of
electric energy generated by a Federal hydroelectric facility on
Federal land, the interconnection of potential renewable energy sources
to such facility shall be evaluated and implemented in accordance with
the evaluation criteria as defined in section 3 of this Act.

Summary: National Renewable Energy Lands Act of 2002 - Instructs the Secretary of the Interior, acting through the Bureau of Reclamation and the Bureau of Land Management, to: (1) evaluate all Federal hydroelectric facilities on Federal lands and identify candidates for interconnection with potential renewable energy generation facilities. (2) evaluate and identify renewable energy production candidate sites on Federal lands, (3) complete an engineering feasibility analysis for such sites. And (4) expeditiously make the most promising of the candidate sites available for long-term lease pursuant to a competitive bidding process to qualified renewable energy development firms. Requires the Comptroller General to investigate and report to Congress on the existing impediments to construction of renewable energy projects on Federal lands and the measures necessary to expedite project development.

To allow for the augmentation of electric power production at hydroelectric facilities located on certain Federal lands by making other Federal lands available for renewable energy production, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superfund Recycling Equity Act of
1995''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to promote the reuse and recycling of scrap material,
        in furtherance of the goals of waste minimization and natural
        resource conservation, while protecting human health and the
        environment;
            (2) to level the playing field between the use of virgin
        materials and recycled materials; and
            (3) to remove the disincentives and impediments to
        recycling created by potential liability under the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9601 et seq.).

SEC. 3. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING
              TRANSACTIONS.

    Title I of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding
at the end the following:

``SEC. 127. RECYCLING TRANSACTIONS.

    ``(a) Definitions.--In this section:
            ``(1) Consuming facility.--The term `consuming facility'
        means a facility where recyclable material is handled,
        processed, reclaimed, or otherwise managed by a person other
        than a person who arranges for the recycling of the recyclable
        material.
            ``(2) Recyclable material.--
                    ``(A) In general.--Subject to subparagraph (B), the
                term `recyclable material' means scrap paper, scrap
                plastic, scrap glass, scrap textiles, scrap rubber
                (other than whole tires), scrap metal, or spent lead-
                acid, spent nickel-cadmium, or other spent batteries,
                as well as minor quantities of material incident to or
                adhering to the scrap or spent material as a result of
                the normal and customary use of the material prior to
                the material becoming scrap or spent material.
                    ``(B) PCBs.--The term `recyclable material' does
                not include a material that contains polychlorinated
                biphenyls in excess of--
                            ``(i) 50 parts per million; or
                            ``(ii) any standard promulgated under
                        Federal law after the date of enactment of this
                        section.
            ``(3) Scrap metal.--The term `scrap metal' means 1 or more
        bits or pieces of metal parts (such as a bar, turning, rod,
        sheet, or wire), or 1 or more metal pieces that may be combined
        together with bolts or soldering (such as a radiator, scrap
        automobile, or railroad box car), that, when worn or
        superfluous, can be recycled, except for--
                    ``(A) a material that the Administrator excludes
                from the definition of scrap metal by regulation; and
                    ``(B) a steel shipping container with a capacity of
                not less than 30 and not more than 3,000 liters,
                whether intact or not, that has any hazardous substance
                (but not metal bits or pieces) contained in or adhering
                to the container.
    ``(b) Limitation on Liability.--
            ``(1) In general.--Subject to subsection (c), a person who
        arranges for the recycling of recyclable material shall not be
        liable under paragraph (3) or (4) of section 107(a).
            ``(2) Transactions deemed to be recycling of a recyclable
        material.--For purposes of this section, a transaction
        involving a recyclable material is considered to be arranging
        for recycling of recyclable material if the person arranging
        for the transaction can demonstrate, by a preponderance of the
        evidence, that, at the time of the transaction--
                    ``(A) the recyclable material met a commercial
                specification grade;
                    ``(B) a market existed for the recyclable material;
                    ``(C) a substantial portion of the recyclable
                material was made available for use as a feedstock for
                the manufacture of a new salable product;
                    ``(D) the recyclable material could have been a
                replacement or substitute for a virgin raw material, or
                the product to be made from the recyclable material
                could have been a replacement or substitute for a
                product made, in whole or in part, from a virgin raw
                material;
                    ``(E) in the case of a transaction occurring not
                later than 90 days after the date of enactment of this
                section, the person exercises reasonable care to
                determine that the consuming facility was in compliance
                with any substantive (and not procedural or
                administrative) provision of Federal, State, or local
                environmental law or regulation, and any compliance
                order or decree issued pursuant to the law or
                regulation, applicable to the handling, processing,
                reclamation, storage, or other management activity
                associated with the recyclable material;
                    ``(F) in the case of a transaction involving scrap
                metal--
                            ``(i) in the case of a transaction
                        occurring after the effective date of the
                        issuance of a regulation or standard regarding
                        the storage, transport, management, or other
                        activity associated with the recycling of scrap
                        metal that the Administrator promulgates under
                        the Solid Waste Disposal Act (42 U.S.C. 6901 et
                        seq.) subsequent to the date of enactment of
                        this section, the person acted in compliance
                        with the regulation or standard; and
                            ``(ii) the person did not melt the scrap
                        metal prior to the transaction; and
                    ``(G) in the case of a transaction involving a
                battery--
                            ``(i) the person did not recover the
                        valuable components of the battery;
                            ``(ii) in the case of a transaction
                        involving a lead-acid battery, the person acted
                        in compliance with any applicable Federal
                        environmental regulation or standard regarding
                        the storage, transport, management, or other
                        activity associated with the recycling of a
                        spent lead-acid battery;
                            ``(iii) in the case of a transaction
                        involving a nickel-cadmium battery--
                                    ``(I) a Federal environmental
                                regulation or standard is in effect
                                regarding the storage, transport,
                                management, or other activity
                                associated with the recycling of a
                                spent nickel-cadmium battery; and
                                    ``(II) the person acted in
                                compliance with the regulation or
                                standard; and
                            ``(iv) with respect to a transaction
                        involving a spent battery other than a lead-
                        acid or nickel-cadmium battery--
                                    ``(I) a Federal environmental
                                regulation or standard is in effect
                                regarding the storage, transport,
                                management, or other activity
                                associated with the recycling of the
                                spent battery; and
                                    ``(II) the person acted in
                                compliance with the regulation or
                                standard.
            ``(3) Sweating.--For purposes of paragraph (2)(F)(ii),
        melting of scrap metal does not include the thermal separation
        of 2 or more materials due to differences in the melting points
        of the materials.
            ``(4) Processing of battery by third person.--For purposes
        of paragraph (2)(G)(i), a person who, by contract, arranges or
        pays for processing of a battery by an unrelated third person,
        and receives from the third person materials reclaimed from the
        battery, shall be considered not to have recovered the valuable
        components of the battery.
            ``(5) Reasonable care.--For purposes of paragraph (2)(E),
        reasonable care shall be determined using criteria that
        include--
                    ``(A) the price paid to or received by the person
                in the recycling transaction;
                    ``(B) the ability of the person to detect the
                nature of the operations of the consuming facility
                concerning the handling, processing, reclamation, or
                other management activities associated with the
                recyclable material; and
                    ``(C) the result of any inquiry made to an
                appropriate Federal, State, or local environmental
                agency regarding the past and current compliance of the
                consuming facility with substantive (and not procedural
                or administrative) provisions of Federal, State, and
                local environmental laws and regulations, and any
                compliance order or decree issued pursuant to the laws
and regulations, applicable to the handling, processing, reclamation,
storage, or other management activity associated with the recyclable
material.
    ``(c) Exclusion From Limitation on Liability.--
            ``(1) In general.--Subsection (b) shall not apply if the
        person arranging for recycling of a recyclable material--
                    ``(A) had an objectively reasonable basis to
                believe at the time of the recycling transaction that--
                            ``(i) the recyclable material would not be
                        recycled;
                            ``(ii) the recyclable material would be
                        burned as fuel, or for energy recovery or
                        incineration; or
                            ``(iii) in the case of a transaction
                        occurring not later than 90 days after the date
                        of the enactment of this section, the consuming
                        facility acting not in compliance with a
                        substantive (and not a procedural or
                        administrative) provision of any Federal,
                        State, or local environmental law or
                        regulation, or a compliance order or decree
                        issued pursuant to the law or regulation,
                        applicable to the handling, processing,
                        reclamation, or other management activity
                        associated with the recyclable material;
                    ``(B) added a hazardous substance to the recyclable
                material for purposes other than processing for
                recycling; or
                    ``(C) failed to exercise reasonable care with
                respect to the management or handling of the recyclable
                material.
            ``(2) Reasonable basis for belief.--For purposes of
        paragraph (1)(A), an objectively reasonable basis for belief
        shall be determined using criteria that include--
                    ``(A) the size of any business owned by the person;
                    ``(B) the customary industry practices for any
                business owned by the person;
                    ``(C) the price paid to or received by the person
                in the recycling transaction;
                    ``(D) the ability of the person to detect the
                nature of the operations of the consuming facility
                concerning the handling, processing, reclamation, or
                other management activities associated with the
                recyclable material.
    ``(c) Permit Requirement.--For the purposes of this section, a
requirement to obtain a permit applicable to the handling, processing,
reclamation, or other management activity associated with a recyclable
material shall be considered to be a substantive provision.
    ``(d) Regulations.--The Administrator may issue regulations to
carry out this section.
    ``(e) Liability for Attorney Fees for Certain Actions.--Any person
who commences an action for contribution against a person who is
alleged to be liable under this Act but is found not to be liable as a
result of this section shall be liable to the person defending the
action for all reasonable costs of defending the action, including all
reasonable attorney and expert witness fees.
    ``(f) Effect on Pending or Concluded Actions.--This section shall
not affect a judicial or administrative action concluded prior to the
date of enactment of this section, or a pending judicial action
initiated by the United States prior to the date of enactment of this
section.
    ``(g) Effect on Other Liability.--Nothing in this section affects
the liability of a person under paragraph (1) or (2) of section 107(a).
    ``(h) Relationship to Liability Under Other Laws.--Nothing in this
section affects--
            ``(1) liability under any other Federal, State, or local
        law, or regulation promulgated pursuant to the law, including
        any requirement promulgated by the Administrator under the
        Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
            ``(2) the ability of the Administrator to promulgate a
        regulation under any other law, including the Solid Waste
        Disposal Act.''.

Summary: Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons who arranged for the recycling of recyclable material from liability for environmental response actions. Excludes from the definition of recyclable material any material that contains polychlorinated biphenyls in excess of 50 parts per million or any Federal standard promulgated after this Act's enactment. Considers transactions involving scrap paper, plastic, glass, textiles, rubber , or metal or spent batteries to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) the recyclable material met a commercial specification grade and a market existed for the material. (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product. (3) the material could have been a replacement for a virgin raw material. (4) in the case of transactions occurring no later than 90 days after this Act's enactment, the person exercised reasonable care to determine that the consuming facility was in compliance with Federal, State, or local environmental laws or regulations. (5) in the case of transactions involving scrap metal that occurred after the effective date of a regulation or standard associated with scrap metal recycling promulgated under the Solid Waste Disposal Act, the person was in compliance with such regulation or standard and did not melt the metal prior to the transaction. And (6) in the case of transactions involving batteries, the person did not recover the valuable components of the battery and the person was in compliance with Federal environmental regulations or standards regarding battery recycling. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that, in the case of transactions occurring no later than 90 days after this Act's enactment, the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations. (2) added hazardous substances to the material for purposes other than processing for recycling. Or (3) failed to exercise reasonable care with respect to the management of the material.

Superfund Recycling Equity Act of 1995


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Education Tax Credit
Act''.

SEC. 2. CREDIT FOR EDUCATION EXPENSES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:

``SEC. 35. EDUCATION EXPENSES.

    ``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year, the amount of the qualified education expenses paid by
the taxpayer during the taxable year for the education of the taxpayer,
the taxpayer's spouse, or any individual with respect to whom the
taxpayer is allowed a deduction under section 151(c).
    ``(b) Limitation.--
            ``(1) Amount per individual.--The amount allowed as a
        credit under subsection (a) for any taxable year with respect
        to the qualified education expenses of any 1 individual shall
        not exceed $450.
            ``(2) Proration of credit where more than one taxpayer pays
        expenses.--If the qualified education expenses of an individual
        are paid by more than one taxpayer during any calendar year,
        the dollar limitation under paragraph (1) shall be allocated
        among such taxpayers in proportion to their respective shares
        of the qualified education expenses of such individual paid
        during such calendar year by all such taxpayers.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified education expenses.--
                    ``(A) In general.--The term `qualified education
                expenses' means amounts paid for--
                            ``(i) tuition and fees required for the
                        enrollment or attendance of a student at an
                        eligible educational institution, and
                            ``(ii) fees, books, supplies, and equipment
                        required for courses of instruction at an
                        eligible educational institution.
                    ``(B) Meals and lodging expenses not included.--
                Such term does not include any amount paid, directly or
                indirectly, for meals, lodging, or similar personal,
                living, or family expenses. In the event an amount paid
                for tuition or fees includes an amount for meals,
                lodging, or similar expenses which is not separately
                stated, the portion of such amount which is
                attributable to meals, lodging, or similar expenses
                shall be determined under regulations prescribed by the
                Secretary.
                    ``(C) Special rule for home schooling.--In the case
                of education furnished in the home (as a substitute for
                public education) which meets the requirements of State
                law relating to compulsory school attendance, the term
                `qualified education expenses' means amounts paid for
                books, computer software, and other supplies used in
                furnishing such education.
            ``(2) Eligible educational institution.--The term `eligible
        educational institution' means--
                    ``(A) an institution of higher education,
                    ``(B) a vocational school,
                    ``(C) a secondary school, or
                    ``(D) an elementary school.
            ``(3) Institution of higher education.--The term
        `institution of higher education' means the institutions
        described in section 1201(a) or 481(a) of the Higher Education
        Act of 1965.
            ``(4) Vocational school.--The term `vocational school'
        means an area vocational education school as defined in section
        521(3) of the Carl D. Perkins Vocational Education Act.
            ``(5) Elementary and secondary schools.--The terms
        `elementary school' and `secondary school' have the respective
        meanings given such terms by section 14101 of the Elementary
        and Secondary Education Act of 1965.
    ``(d) Special Rules.--
            ``(1) Adjustment for certain scholarships and veterans'
        benefits.--The amounts otherwise taken into account under
        subsection (a) as qualified education expenses of any
        individual during any period shall be reduced (before the
        application of subsection (b)) by the sum of the amounts
        referred to in section 135(d)(1) which are received with
        respect to such individual for the taxable year.
            ``(2) Eligible courses.--Except as provided in subsection
        (c)(1)(C), amounts paid for qualified education expenses of any
        individual shall be taken into account under subsection (a)
        only to the extent such expenses--
                    ``(A) are attributable to courses of instruction
                offered by an elementary or secondary school, or
                    ``(B) are attributable to courses of instruction
                for which credit is allowed toward a baccalaureate or
                graduate degree by an institution of higher education
                or toward a certificate of required course work at a
                vocational school.
            ``(3) Individual must be at least half-time student.--
        Except as provided in subsection (c)(1)(C), no credit shall be
        allowed under subsection (a) for amounts paid during the
        taxable year for qualified education expenses with respect to
        any individual unless that individual, during any 4 calendar
        months during the calendar year in which the taxable year of
        the taxpayer begins, is at least a half-time student at an
        eligible education institution.
            ``(4) Spouse.--No credit shall be allowed under subsection
        (a) for amounts paid during the taxable year for qualified
        education expenses for the spouse of the taxpayer unless--
                    ``(A) the taxpayer is entitled to an exemption for
                his spouse under section 151(b) for the taxable year,
                or
                    ``(B) the taxpayer files a joint return with his
                spouse for the taxable year.
    ``(e) Disallowance of Expenses as Deduction.--No deduction shall be
allowed under section 162 (relating to trade or business expenses) for
any qualified education expense which (after the application of
subsection (b)) is taken into account in determining the amount of any
credit allowed under subsection (a). The preceding sentence shall not
apply to the qualified education expenses of any taxpayer who, under
regulations prescribed by the Secretary, elects not to apply the
provisions of this section with respect to such expenses for the
taxable year.
    ``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''
    (b) Technical Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting before the period ``or
        from section 35 of such Code''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the last item and inserting the following new items:

                              ``Sec. 35. Education expenses.
                              ``Sec. 36. Overpayments of tax.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Summary: Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish an annual tax credit for qualified educational expenses paid by a taxpayer for the taxpayer, a spouse, or a dependent. Provides for: (1) credit proration in cases of shared expenses, (2) inclusion of certain home schooling expenses. And (3) adjustments for certain scholarships and veterans' benefits. Defines eligible educational institution as an institution of higher education, or a vocational, secondary, or elementary school.

Children's Education Tax Credit Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community College Teacher
Preparation Enhancement Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Well qualified teachers and paraprofessionals are
        critical to the success of the Nation's students.
            (2) In order to meet the changing demands of their jobs and
        the Federal requirements under the No Child Left Behind Act of
        2001 (Public Law 107-110), teachers and prospective teachers
        must have access to high-quality teacher training.
            (3) The 1,200 community colleges across the United States
        play an important role in training teachers, offering
        professional development, and continuing education.
            (4) Community colleges enroll more than 6,000,000 credit
        students or 44 percent of all undergraduates in the United
        States.
            (5) At least 25 percent of undergraduates receiving a
        teaching degree began their postsecondary education at a
        community college.
            (6) Due to teacher attrition, teacher retirement, and a
        growing student population, the Nation will require an
        additional 2,400,000 teachers over the next decade.
            (7) If left unchanged, the production rate of teachers is
        200,000 short of meeting the expected future demand.
            (8) In subjects such as mathematics, science, special
        education, and bilingual education, the Nation risks a severe
        teacher shortfall.
            (9) Community colleges offer accessibility and a link to
        education opportunities present at 4-year institutions of
        higher education.
            (10) There is no systematic infrastructure or resources in
        place to advance more students from community colleges to 4-
        year institutions of higher education and into the teaching
        profession.
            (11) Many 4-year institutions of higher education and
        community colleges have engaged in collaborative agreements for
        teacher training.
            (12) To meet the Nation's needs for highly qualified
        teachers, it is appropriate that the community college role in
        teacher training be enhanced and that cooperation between
        community colleges and 4-year institutions of higher education
        be increased.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) foster collaboration between 4-year institutions of
        higher education and community colleges to enhance teacher
        preparation as required under the No Child Left Behind Act of
        2001 (Public Law 107-110);
            (2) enhance the opportunity for community college students
        in teacher training programs to complete a baccalaureate degree
        in kindergarten through grade 12 education;
            (3) promote the development of best practices for
        coordinating teacher training between community colleges and 4-
        year institutions of higher education; and
            (4) expand community college teaching infrastructure to
        provide, among other things, professional development as called
        for under the No Child Left Behind Act of 2001 (Public Law 107-
        110) to existing teachers.

SEC. 4. TEACHER TRAINING ENHANCEMENT.

    Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended by adding at the end the following:

                 ``PART C--TEACHER TRAINING ENHANCEMENT

``SEC. 231. DEFINITIONS.

    ``In this part:
            ``(1) 4-year institution of higher education.--The term `4-
        year institution of higher education' means an institution of
        higher education, as defined in section 101(a), whose highest
        undergraduate degree offered is predominantly the baccalaureate
        degree.
            ``(2) Community college.--The term `community college' has
        the meaning given the term `junior or community college' in
        section 312(f).
            ``(3) Eligible entity.--
                    ``(A) In general.--The term `eligible entity'
                means--
                            ``(i) a statewide governing or coordinating
                        board with jurisdiction over community colleges
                        and 4-year institutions of higher education;
                            ``(ii) a partnership between a statewide
                        governing or coordinating board with
                        jurisdiction over community colleges and a
                        statewide governing or coordinating board with
                        jurisdiction over 4-year institutions of higher
                        education;
                            ``(iii) a partnership between 1 or more
                        community colleges and 1 or more 4-year
                        institutions of higher education; or
                            ``(iv) a community college offering a
                        teacher preparation program that provides all,
                        or a significant portion of, teacher training,
                        postbaccalaureate certification, and
                        professional development.
                    ``(B) Inclusions.--The term `eligible entity' under
                clauses (i) and (ii) of subparagraph (A) may include
                other institutions with responsibility for teacher
                preparation or teacher standards.
            ``(4) Highly qualified.--The term `highly qualified' has
        the meaning given the term in section 9101 of the Elementary
        and Secondary Education Act of 1965.
            ``(5) Professional development.--The term `professional
        development' has the meaning given the term in section 9101 of
        the Elementary and Secondary Education Act of 1965.

``SEC. 232. GRANT PROGRAM.

    ``The Secretary is authorized to award grants to eligible entities
to enable such entities to pay the Federal share of the costs of
carrying out teacher training or preparation programs.

``SEC. 233. APPLICATION.

    ``An eligible entity that desires to receive a grant under this
part shall submit to the Secretary an application at such time, in such
manner, and containing such information or assurances as the Secretary
may require.

``SEC. 234. AWARDING OF GRANTS.

    ``(a) Priority.--In awarding grants under this part, the Secretary
shall give priority to eligible entities that propose any of the
following:
            ``(1) Grant funds will be used to provide for teacher
        preparation in geographic areas with shortages of highly
        qualified teachers.
            ``(2) Grant funds will be used to prepare teachers in
        kindergarten through grade 12 subject content areas that have a
        shortage of highly qualified teachers.
            ``(3) Grant funds will be used to carry out innovative
        programs to address teacher training or teacher preparation.
            ``(4) Grant funds will be used to conduct outreach into
        secondary schools.
            ``(5) Grant funds will be used to carry out a plan to
        disseminate information.
    ``(b) Geographic Diversity.--The Secretary shall ensure that grants
are awarded in a geographically diverse manner.
    ``(c) Duration.--Grants awarded under this part shall be for 5
years in duration.

``SEC. 235. USES OF FUNDS.

    ``(a) Mandatory Use.--An eligible entity that receives a grant
under this section shall use the grant funds to carry out not less than
1 of the following:
            ``(1) Enhancing the collaboration of teacher training
        between community colleges and 4-year institutions of higher
        education.
            ``(2) The development of programs that provide
        opportunities for community college students to complete a
        baccalaureate degree in kindergarten through grade 12
        education.
            ``(3) The establishment of partnerships in teacher training
        between community colleges and 4-year institutions of higher
        education.
            ``(4) The establishment of programs at community colleges
        that prepare students to enter teacher preparation programs at
        4-year institutions of higher education.
            ``(5) Developing programs to provide pathways for secondary
        school students to pursue careers in teaching.
            ``(6) Establishing postbaccalaureate teacher certification
        programs.
    ``(b) Permissive Use of Funds.--An eligible entity that receives a
grant under this section may use the grant funds to carry out any of
the following:
            ``(1) The creation of kindergarten through grade 12 teacher
        education programs and teacher aid programs to meet
        requirements under the Elementary and Secondary Education Act
        of 1965.
            ``(2) The coordination of teacher and paraprofessional
        curricula for use at community colleges and 4-year institutions
        of higher education.
            ``(3) The establishment of curricula and programs for
        professional development for teachers.

``SEC. 236. REPORT AND EVALUATION.

    ``(a) Annual Report.--An eligible entity that receives a grant
under this section shall submit an annual report to the Secretary on--
            ``(1) the progress made toward the goals of the grant;
            ``(2) the activities supported by the grant;
            ``(3) the number of students served;
            ``(4) when applicable, the ability to place students
        graduating from schools supported by a grant under this part;
        and
            ``(5) when applicable, the number of students graduating
        from schools supported by a grant under this part who meet the
        requirements for highly qualified teachers under the Elementary
        and Secondary Education Act of 1965.
    ``(b) Evaluation.--The Secretary shall review and evaluate the
reports submitted under subsection (a).

``SEC. 237. MATCHING REQUIREMENT.

    ``(a) In General.--The Federal share of the costs of carrying out a
teacher training or preparation program shall be--
            ``(1) 65 percent for the first year of the grant;
            ``(2) 60 percent for the second year of the grant;
            ``(3) 55 percent for the third year of the grant;
            ``(4) 50 percent for the fourth year of the grant; and
            ``(5) 45 percent for the fifth year of the grant.
    ``(b) In Cash or In-Kind.--The non-Federal share of the costs of
carrying out a teacher training or preparation program may be provided
in cash or in the form of in-kind contributions.

``SEC. 238. REPORT BY THE SECRETARY.

    ``The Secretary shall review and submit an annual report to
Congress on the activities supported under this part and the impact of
this part with respect to--
            ``(1) producing highly qualified teachers and teachers
        aids;
            ``(2) helping address teacher shortages, particularly in
        rural and urban areas; and
            ``(3) enhancing the diversity of the Nation's teaching
        force.

``SEC. 239. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part
$25,000,000 for fiscal year 2005 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.

Summary: Community College Teacher Preparation Enhancement Act of 2004 - Amends the Higher Education Act of 1965 to establish a teacher training enhancement program. Authorizes the Secretary of Education to award matching grants to eligible entities for teacher training or preparation. Includes among eligible entities: (1) statewide boards with jurisdiction over community colleges and four-year institutions of higher education (IHEs). (2) partnerships between statewide boards with jurisdiction over community colleges and statewide boards with jurisdiction over four-year IHEs, (3) partnerships between community colleges and four-year IHEs. Or (4) community colleges offering teacher preparation programs that provide all, or a significant portion of, teacher training, postbaccalaureate certification, and professional development. Gives priority to proposals for using grants for: (1) teacher preparation in geographic areas with shortages of highly qualified teachers. (2) preparing teachers in kindergarten through grade 12 subject content areas that have a shortage of highly qualified teachers, (3) innovative programs to address teacher training or teacher preparation, (4) outreach into secondary schools. Or (5) plans to disseminate information. Requires grantees to use grant funds for at least one of specified mandatory uses. Sets forth permissive uses of grants.

A bill to amend title II of the Higher Education Act of 1965 to enhance teacher training programs, and for other purposes.


SECTION 1. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS.

    (a) In General.--The Secretary shall develop and implement a
process to expedite access to Federal lands under the administrative
jurisdiction of the Secretary for eligible organizations and eligible
individuals to request access to Federal lands to conduct good
Samaritan search-and-recovery missions. The process developed and
implemented pursuant to this subsection shall include provisions that
clarify that--
            (1) an eligible organization or eligible individual granted
        access under this section shall be acting for private purposes
        and shall not be considered a Federal volunteer;
            (2) an eligible organization or eligible individual
        conducting a good Samaritan search-and-recovery mission under
        this section shall not be considered a volunteer under section
        3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i);
            (3) the Federal Torts Claim Act shall not apply to an
        eligible organization or eligible individual carrying out a
        privately requested good Samaritan search-and-recovery mission
        under this section; and
            (4) the Federal Employee Compensation Act shall not apply
        to an eligible organization or eligible individual conducting
        good Samaritan search-and-recovery mission under this section
        and such activities shall not constitute civilian employment.
    (b) Release of the Federal Government From Liability.--The
Secretary shall not require an eligible organization or an eligible
individual to have liability insurance as a condition of accessing
Federal lands under this section if the eligible organization or
eligible individual--
            (1) acknowledges and consents, in writing, to the
        provisions listed in paragraphs (1) through (4) of subsection
        (a); and
            (2) signs a waiver releasing the Federal Government from
        all liability related to the access granted under this section.
    (c) Approval and Denial of Requests.--
            (1) In general.--The Secretary shall notify an eligible
        organization and eligible individual of the approval or denial
        of a request by that eligible organization and eligible
        individual to carry out a good Samaritan search-and-recovery
        mission under this section not more than 48 hours after the
        request is made.
            (2) Denials.--If the Secretary denies a request from an
        eligible organization or eligible individual to carry out a
        good Samaritan search-and-recovery mission under this section,
        the Secretary shall notify the eligible organization or
        eligible individual of--
                    (A) the reason for the denial request; and
                    (B) any actions that eligible organization or
                eligible individual can take to meet the requirements
                for the request to be approved.
    (d) Partnerships.--The Secretary shall develop search-and-recovery
focused partnerships with search-and-recovery organizations to--
            (1) coordinate good Samaritan search-and-recovery missions
        on Federal lands under the administrative jurisdiction of the
        Secretary; and
            (2) expedite and accelerate good Samaritan search-and-
        recovery mission efforts for missing individuals on Federal
        lands under the administrative jurisdiction of the Secretary.
    (e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a joint report to
Congress describing--
            (1) plans to develop partnerships described in subsection
        (c)(1); and
            (2) efforts being taken to expedite and accelerate good
        Samaritan search-and-recovery mission efforts for missing
        individuals on Federal lands under the administrative
        jurisdiction of the Secretary pursuant to subsection (b)(2).
    (f) Definitions.--For the purposes of this section, the following
definitions apply:
            (1) Eligible organization and eligible individual.--The
        terms ``eligible organization'' and ``eligible individual''
        means an organization or individual, respectively, that--
                    (A) is acting in a not-for-profit capacity; and
                    (B) is certificated in training that meets or
                exceeds standards established by the American Society
                for Testing and Materials.
            (2) Good samaritan search-and-recovery mission.--The term
        ``good Samaritan search-and-recovery mission'' means a search
        for one or more missing individuals believed to be deceased at
        the time that the search is initiated.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior or the Secretary of Agriculture, as
        appropriate.

Summary: Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands, and (2) expedite and accelerate mission efforts for missing individuals on such lands.

A bill to direct the Secretary of the Interior and Secretary of Agriculture to expedite access to certain Federal lands under the administrative jurisdiction of each Secretary for good Samaritan search-and-recovery missions, and for other purposes.