[Pages S6483-S6494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. McCAIN (for himself and Mr. Dorgan):
S. 1231. A bill to amend the Indian Self-Determination and Education
Assistance Act to modify provisions relating to the National Fund for
Excellence in American Indian Education; to the Committee on Indian
Affairs.
Mr. McCAIN. Mr. President, today I introduce the National Fund for
Excellence in American Indian Education Amendments Act of 2005 to
revise the Act.
In 2000, Congress authorized the establishment of a Federally-
chartered non-profit foundation to further the educational
opportunities for Native American students. This foundation, named the
National Fund for Excellence in American Indian Education, was
established in July, 2004 and has the potential for success in
providing critical support to Native American students.
The legislation I introduce today will enable the foundation to
become self-sufficient by authorizing appropriations for endowment or
seed money and authorize the Secretary of the Interior to provide
funding for the foundation's operating costs on a reimbursement basis.
The legislation authorizes $5 million each fiscal year 2007 through
2009 and increases the administration cost limit from 10 percent to 15
percent of donations and transferred funds. This bill will also allow
the Board to appoint the Chief Operating Officer who will be
experienced in Indian education.
Mr. President, this legislation will provide significant improvements
for the foundation in its mission of advancing Indian education and I
urge my colleagues to join me in this effort. I ask unanimous consent
that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1231

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Fund for Excellence
in American Indian Education Amendments Act of 2005''.

SEC. 2. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN
EDUCATION.

Section 501 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bbb) is amended--
(1) in subsection (g), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The officers of the Foundation shall
be--
``(A) a chief operating officer, to be appointed in
accordance with paragraph (2); and
``(B) any other officers, to be appointed or elected in
accordance with the constitution and bylaws of the
Foundation.
``(2) Chief operating officer.--
``(A) Appointment.--The Board shall appoint a chief
operating officer to the Foundation.
``(B) Requirements.--The chief operating officer of the
Foundation shall--
``(i) demonstrate experience and knowledge in matters
relating to--

``(I) education, in general; and
``(II) education of Indians, in particular; and

``(ii) serve at the direction of the Board.''; and
(2) by adding at the end the following:
``(o) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years
2007 through 2009.
``(2) Effect on other funds.--Funds appropriated under
paragraph (1) shall not reduce the amount of funds available
for any other program relating to Indian education.''.

SEC. 3. ADMINISTRATIVE SERVICES AND SUPPORT.

Section 502 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bbb-1) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) may provide funds--
``(A) to pay the operating costs of the Foundation; and
``(B) to reimburse travel expenses of a member of the Board
under section 501; and''; and
(2) in subsection (b), by inserting ``operating and''
before ``travel expenses''.
______

By Mr. DURBIN (for himself and Mr. Obama):
S. 1233. A bill for the relief of Diana Gecaj Engstrom; to the
Committee on the Judiciary.
Mr. DURBIN. Mr. President, today I and my colleague Senator Obama are
introducing a private relief bill on behalf of Diana Gejac Engstrom.
This bill would grant legal permanent residency status to Ms. Engstrom.
The Engstrom story is one of service. Both the late Todd Engstrom and
his widow, Diana, have spent their professional lives in service of
human rights and American ideals. Todd served as a Commander in the
United Nations Special Operations Group; Diana worked as a United
Nations translator in Kosovo. After their marriage in 2003, Diana filed
for legal permanent residency, with the ultimate goal of achieving
American citizenship.

[[Page S6484]]

After the commencement of Operation Iraqi Freedom, Todd joined EOD
Technology, Inc. as a Security Manager for Iraq. The U.S. Army assigned
Todd to Iraq as a contractor to support our rebuilding efforts. Before
leaving for Iraq, Todd asked Diana to raise his son, Dalton, in the
event of his death.
Assigned to an area just outside of Fallujah, Todd helped train Iraqi
security forces. On September 14, 2004, Todd died in a rocket-propelled
grenade attack on his convoy by Iraqi insurgents.
As it stands, in addition to the tragedy of losing her husband, Diana
can no longer continue the process of applying for legal residency and
is in danger of deportation. Diana and Todd were not married for 2
years and therefore our immigration laws will not allow her to apply
for permanent residency as a widow. The permanent residency application
process for the surviving spouses of active duty soldiers who die in
the course of duty is allowed, under current immigration law, to
continue after death, even if the couple has not been married for 2
years.
Todd died in service of the American mission in Iraq; Congress should
grant Diana the right to stay on the path towards LPR status. Deporting
Diana would unjustly deny Todd's wish that Diana raise his son Dalton.
Todd trained Iraq soldiers so the Iraqi government could one day
defend the country on its own. President Bush has made the training of
Iraqi security services a central goal in the reconstruction of Iraq.
Todd died in pursuit of this goal. Todd's service to our country was
significant. His wife should not be made to suffer both the loss of her
husband and deportation. This private bill will ensure that the
sacrifice of Todd Engstrom is not forgotten.
______

By Mr. CRAIG:
S. 1234. A bill to increase, effective as of December 1, 2005, the
rates of compensation for veterans with service-connected disabilities
and the rates of dependency and indemnity compensation for the
survivors of certain disabled veterans; to the Committee on Veterans'
Affairs.
Mr. CRAIG. Mr. President, I have sought recognition to comment on
legislation I am introducing today to provide a cost-of-living, COLA,
adjustment for certain veterans benefits programs. This COLA adjustment
would affect payments made to nearly 3 million Department of Veterans
Affairs, VA, beneficiaries, and would be reflected in beneficiary
checks that are received in January 2006, and thereafter.
An annual cost-of-living adjustment in veterans benefits is an
important tool which protects veterans' cash-transfer benefits against
the corrosive effects of inflation. The principal programs affected by
the adjustment would be compensation paid to disabled veterans, and
dependency and indemnity compensation--DIC--payments made to the
surviving spouses, minor children and other dependants of persons who
died in service, or who died after service as a result of service-
connected injuries or diseases.
The President's budget anticipates inflation to be at a 2.3 percent
level at the close of this year as measured by the consumer price
index--CPI--published by the Department of Labor's Bureau of Labor
Statistics. If inflation is held to the 2.3-percent level, that will be
the level of COLA adjustment under this legislation since it ties the
increase directly to the CPI increase as measured by the Department of
Labor. Whatever the CPI increase eventually turns out to be, however,
veterans' and survivors' benefits payments must be protected by being
increased by a like amount. The Senate has already concurred with that
judgment with passage of a budget resolution which assumes an increase
equal to the CPI and which sets aside the funds necessary to finance
the COLA increase envisioned by this legislation.
I ask my colleagues to support this vital legislation.
I request unanimous consent that this bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1234

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Veterans' Compensation Cost-
of-Living Adjustment Act of 2005''.

SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.

(a) Rate Adjustment.--Effective on December 1, 2005, the
Secretary of Veterans Affairs shall increase, in accordance
with subsection (c), the dollar amounts in effect on November
30, 2005, for the payment of disability compensation and
dependency and indemnity compensation under the provisions
specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be
increased pursuant to subsection (a) are the following:
(1) Wartime disability compensation.--Each of the dollar
amounts under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts under sections 1115(1) of such title.
(3) Clothing allowance.--The dollar amount under section
1162 of such title.
(4) Dependency and indemnity compensation to surviving
spouse.--Each of the dollar amounts under subsections (a)
through (d) of section 1311 of such title.
(5) Dependency and indemnity compensation to children.--
Each of the dollar amounts under sections 1313(a) and 1314 of
such title.
(c) Determination of Increase.--
(1) Percentage.--Except as provided in paragraph (2), each
dollar amount described in subsection (b) shall be increased
by the same percentage as the percentage by which benefit
amounts payable under title II of the Social Security Act (42
U.S.C. 401 et seq.) are increased effective December 1, 2005,
as a result of a determination under section 215(i) of such
Act (42 U.S.C. 415(i)).
(2) Rounding.--Each dollar amount increased under paragraph
(1), if not a whole dollar amount, shall be rounded to the
next lower whole dollar amount.
(d) Special Rule.--The Secretary of Veterans Affairs may
adjust administratively, consistent with the increases made
under subsection (a), the rates of disability compensation
payable to persons under section 10 of Public Law 85-857 (72
Stat. 1263) who have not received compensation under chapter
11 of title 38, United States Code.

SEC. 3. PUBLICATION OF ADJUSTED RATES.

The Secretary of Veterans Affairs shall publish in the
Federal Register the amounts specified in section 2(b), as
increased under that section, not later than the date on
which the matters specified in section 215(i)(2)(D) of the
Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to
be published by reason of a determination made under section
215(i) of such Act during fiscal year 2006.
______

By Mr. CRAIG:
S. 1235. A bill to amend chapters 19 and 37 of title 38, United
States Code, to extend the availability of $400,000 in coverage under
the servicemembers' life insurance and veterans' group life insurance
programs, and for other purposes; to the Committee on Veterans'
Affairs.
Mr. CRAIG. Mr. President, I have sought recognition to comment on
legislation that I have introduced today that will improve insurance
and housing benefits available for our Nation's servicemembers and
veterans. The ``Veterans Benefits Improvement Act of 2005'' would
increase the maximum amount of Servicemembers' Group Life Insurance,
SGLI, and Veterans' Group Life Insurance, VGLI, coverage from $250,000
to $400,000; would require the Secretary of Defense to notify spouses
of insured servicemembers when those servicemembers elect an SGLI
beneficiary other than their spouse or when they elect to reduce SGLI
coverage amounts; would provide a two-year, post-discharge window
within which totally disabled veterans might elect to convert their
insurance coverage from SGLI to VGLI; and would provide flexibility to
VA's hybrid adjustable rate mortgage program so that servicemembers and
veterans might use their VA home loan benefits in conjunction with this
popular type of mortgage financing.
There already has been a great deal of discussion in the 109th
Congress about the adequacy of benefits for the survivors of those who
have lost their lives in service. There has also been a great deal of
action. Section 1012 of Public Law 109-13, the ``Emergency Supplemental
Appropriation Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005,'' made improvements to the SGLI program. However, section
1012 also specified that the SGLI improvements made in the act be
terminated effective September 30, 2005, and that the law as it existed
prior to the enactment of Public Law 109-13 be revived on that date. As
I understand it, the purpose of the termination language was to give
the committee of jurisdiction--in this case, the Veterans' Affairs
Committee, which I

[[Page S6485]]

chair in the Senate--the opportunity to proceed with proposals that
would put a more permanent stamp on changes to the SGLI program.
Towards that end, and consistent with the changes enacted in Public
Law 109-13, section 2(a) of my legislation would increase the maximum
amount of SGLI and VGLI coverage from $250,000 to $400,000 effective
October 1, 2005. SGLI coverage meets the insurance needs of
servicemembers and Reserve members; VGLI coverage is available to meet
the insurance needs of veterans as they transition out of military or
naval service. The higher amount of coverage in my bill, in combination
with other Federal assistance provided by VA, the Department of
Defense, and the Social Security Administration, would provide for a
more appropriate level of financial assistance for survivors of insured
servicemembers and veterans. For example, the surviving spouse of an
Army Sergeant killed in action who has two dependent children would
have eligibility for up to $625,186 in lump-sum benefit assistance from
the Federal government.
In addition, section 2(a) of the legislation I have introduced today
would require the Secretary of Defense to notify, in writing, the
spouses of servicemembers who elect either to name beneficiaries other
than their spouses, or who elect to reduce their SGLI coverage. Under
existing law, servicemembers have the right to name the insurance
beneficiary of their choice. There are, however, some incidences of
spouses of married servicemembers being left without adequate insurance
for themselves or their children because they were unaware of the
insurance decisions the servicemembers had made. I believe the spousal
notification requirement in my bill strikes an appropriate balance
between the long-standing rights of servicemembers to make their own,
unfettered insurance choices, and the rights of spouses to be informed
of matters that may impact on their future financial stability.
Turning to the insurance needs of severely disabled servicemembers,
section 2(b) of this bill would extend for 1 year the period within
which totally disabled veterans discharged from service might apply to
convert their SGLI coverage to VGLI coverage. Under current law,
servicemembers discharged from service have a 120-day grace period
within which they are provided premium-free coverage under SGLI and may
convert to VGLI coverage without needing to meet underwriting
requirements. Servicemembers separated from service who are totally
disabled may apply for an extension of the free SGLI coverage and VGLI
conversion benefit that lasts up to one year after military discharge.
There are two benefits of applying for the 1 year extension. The first
is that SGLI coverage during the 1 year period is provided at no cost
to the servicemember. The second is that the application for extension
also serves as an application for automatic conversion from SGLI to
VGLI. The opportunity to convert life insurance coverage to VGLI is
essential for totally disabled veterans, many of whom have no hope of
obtaining commercial insurance coverage.
VA's Insurance Service conducts targeted outreach to severely
disabled veterans in an attempt to encourage them to apply for the 1
year extension of SGLI and conversion to VGLI benefit. However,
information obtained from this outreach effort reveals that many
severely disabled veterans are not taking advantage of the extension
because they are precluded from post-separation financial planning by
the effects of their disabilities and their need to focus on
rehabilitation. Preliminary data obtained from VA suggest only 45
percent of totally disabled servicemembers apply for the extension
despite VA's outreach effort. My legislation will provide 1 additional
year within which severely disabled veterans may apply. The extra year
will give VA more time--a total of 2 years after their discharge from
the military--to reach veterans when they are perhaps more able to
focus on their financial planning needs.
Finally, section 3 of the legislation I have introduced today would
provide VA with greater flexibility to set appropriate interest rate
cap protections on hybrid ARM loans it guarantees. Under existing law,
VA has the authority to guaranty hybrid ARM loans through fiscal year
2008. Hybrid ARM loans are a new, and popular, financing option for
borrowers that features a fixed period of interest on a loan for
between 3 and 10 years followed by a period of annual adjustments
thereafter. For VA hybrid ARM loans with an initial fixed rate of 5 or
more years, VA may prescribe the maximum increase of the initial
adjustment and the maximum adjustment permitted over the life of the
loan. These interest rate ``caps'' are common in the mortgage financing
industry, and serve to protect borrowers against wild upward swings in
interest rates that might make a borrower more likely to default.
However, unlike the flexibility given to VA to set caps for the initial
adjustment and for the aggregate adjustment for the life of a loan, the
law specifically limits annual interest rate adjustments after the
initial adjustment to one percentage point. I am informed by industry
and VA experts that without providing VA with greater flexibility to
set an appropriate interest rate cap for annual adjustments, lenders
will either be reluctant to make VA hybrid ARM loans available to
veterans, or will require that veterans pay higher interest rates than
otherwise would be required. My legislation would provide VA with the
flexibility it needs to fix this problem.
Mr. President, the provisions of this legislation are important for
veterans and their loved ones. We must give greater peace of mind to
the families of those serving in the military, especially during a
wartime period, that their Government has made available to them life
insurance coverage to meet their basic financial needs in the event of
death. We must give every opportunity for severely wounded
servicemembers, many with war wounds, to remain insured under a
government life insurance policy if their injuries might preclude them
from being covered at reasonable cost under a private policy. And we
must ensure that we remain flexible with mortgage industry standards so
that veterans have the greatest array of financing options available to
them when seeking to partake in the American dream of home ownership.
My bill will accomplish all of these things and I ask my colleagues for
their support of it.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1235

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Veterans' Benefits
Improvement Act of 2005''.

SEC. 2. GROUP LIFE INSURANCE.

(a) Servicemembers' Group Life Insurance.--Section 1967 of
title 38, United States Code, as in effect on October 1,
2005, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding at the end the following:
``(C) With respect to a policy of insurance covering an
insured member, the Secretary of Defense shall make a good-
faith effort to notify the spouse of a member if the member
elects, at any time, to--
``(i) reduce amounts of insurance coverage of an insured
member; or
``(ii) name a beneficiary other than the insured member's
spouse.
``(D) The failure of the Secretary of Defense to provide
timely notification under subparagraph (C) shall not affect
the validity of an election by the member.
``(E) If a servicemember marries or remarries after making
an election under subparagraph (C), the Secretary of Defense
is not required to notify the spouse of such election.
Elections made after marriage or remarriage are subject to
the notice requirement under subparagraph (C).''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) In the case of a member, $400,000.''; and
(ii) in subparagraph (B), by striking ``member or spouse''
and inserting ``member, be evenly divisible by $50,000 and,
in the case of a member's spouse''; and
(2) in subsection (d), by striking ``$250,000'' and
inserting ``$400,000''.
(b) Duration of Coverage.--Section 1968(a) of title 38,
United States Code, is amended--
(1) in paragraph (1)(A), by striking ``one year'' and
inserting ``2 years''; and
(2) in paragraph (4), by striking ``one year'' and
inserting ``2 years''.
(c) Veterans' Group Life Insurance.--Section 1977(a) of
title 38, United States Code, as in effect on October 1,
2005, is amended by striking ``$250,000'' each place it
appears and inserting ``$400,000''.

[[Page S6486]]

SEC. 3. ADJUSTABLE RATE MORTGAGES.

Section 3707(c)(4) of title 38, United States Code, is
amended by striking ``1 percentage point'' and inserting
``such percentage as the Secretary may prescribe''.

SEC. 4. EFFECTIVE DATE.

The amendments made by this Act shall take effect on
October 1, 2005, immediately after the execution of section
1012(i) of Public Law 109-13.
______

By Mr. McCAIN (for himself and Mr. LIEBERMAN):
S. 1237. A bill to expedite the transition to digital television
while helping consumers to continue to use their analog televisions; to
the Committee on Finance.
Mr. McCAIN. Mr. President, I rise today to introduce a bill to
support the Nation's finest: our police, fire fighters and other
emergency response personnel. The Spectrum Availability for Emergency-
response and Law-enforcement to Improve Vital Emergency Services Act,
otherwise known as The SAVE LIVES Act. This bill is drafted in response
to the 9-11 Commission's final report, which recommended the
``expedited and increased assignment of radio spectrum for public
safety purposes.''
To meet this recommendation, the SAVE LIVES Act would set a date
certain for the allocation of spectrum to public safety agencies,
specifically the 24 MHz of spectrum in the 700 MHz band that Congress
promised public safety agencies in 1997. This is a promise Congress has
yet to deliver to our Nation's first responders. Now is the time for
congressional action before another national emergency or crisis takes
place. Access to this specific spectrum is essential to our Nation's
safety and welfare as emergency communications sent over these
frequencies are able to penetrate walls and travel great distances, and
can assist multiple jurisdictions in deploying interoperable
communications systems.
In addition to setting a date certain, this bill would authorize
funds for public safety agencies to purchase emergency communications
equipment and ensure that Congress has the ability to consider whether
additional spectrum should be provided for public safety communications
prior to the recovered spectrum being auctioned. The bill contains
significant language concerning consumer education of the digital
television transition. The bill would mandate that warning labels be
displayed on analog television sets sold prior to the transition,
require warning language to be displayed at television retailers,
command the distribution at retailers of brochures describing the
television set options available, and call on broadcasters to air
informational programs to better prepare consumers for the digital
transition.
The bill would ensure that no television viewer's set would go
``dark'' by providing digital-to-analog converter boxes to over-the-air
viewers that have a household income that does not exceed 200 percent
of the poverty line and by allowing cable companies to down convert
digital signal signals if necessary. I continue to believe that
broadcast television is a powerful communications tool and important
information source for citizens. I know that on 9/11, I learned about
the attack on the Twin Towers and the Pentagon like most Americans--by
watching television. Therefore, this bill seeks to not only protect
citizens' safety but also the distribution of broadcast television.
Lastly, the bill would establish a tax credit for the recycling of
television sets and require the Environmental Protection Agency to
report to Congress on the need for a national electronic waste
recycling program.
The 9-11 Commission's final report contained harrowing tales about
police officers and fire fighters who were inside the Twin Towers and
unable to receive evacuation orders over their radios from commanders.
In fact, the report found that this inability to communicate was not
only a problem for public safety organizations responding at the World
Trade Center, but also for those responding at the Pentagon and
Somerset County, PA, crash sites where multiple organizations and
multiple jurisdictions responded. Therefore, the Commission recommended
that Congress accelerate the availability of more spectrum for public
safety.
The SAVE LIVES Act would implement the important recommendation and
ensure that when our Nation experiences another attack, or other
critical emergencies occur, our police, fire fighters, and other
emergency response personnel will have the ability to communicate with
each other and their commanders to prevent another catastrophic loss of
life. Now is the time for congressional action before another national
emergency or crisis takes place.
Several lawmakers attempted to act last year during the debate on the
intelligence reform bill, but our efforts were thwarted by the powerful
National Association of Broadcasters. This year, I hope we can all work
together and to pass a bill that ensures the country is not only better
prepared in case of another attack but also protects the vital
communications outlet of broadcast television. I believe the SAVE LIVES
Act does just that.
Mr. President, in an effort to expeditiously retrieve the spectrum
for the Nation's first responders, to preserve over-the-air television
accessibility to consumers and to ensure the adequate funding of both,
I urge the enactment of the SAVE LIVES Act.
______

By Mrs. FEINSTEIN (for herself, Mr. Bingaman, and Mr. Domenici):
S. 1238. A bill to amend the Public Lands Corps Act of 1993 to
provide for the conduct of projects that protect forests, and for other
purposes; to the Committee on Energy and Natural Resources.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Public
Lands Corps Healthy Forest Restoration Act of 2005. I am introducing
this bill with Senators Domenici and Bingaman, whose cosponsorship I
greatly appreciate. I also understand that Congressmen Greg Walden and
Tom Udall are introducing an identical version of the bill in the
House, which I also appreciate.
This bill authorizes the Secretaries of Agriculture and Interior to
enter into contracts and cooperative agreements with qualified corps to
perform appropriate conservation projects, assist governments and
Indian tribes in performing research and public education associated
with natural and cultural resources, introduce young people to public
service and expand their educational opportunities, and stimulate
interest among the Nation's youth in careers in conservation and land
management.
Consistent with the Healthy Forest Restoration Act, this bill also
identifies a series of priority projects for corps to carry out
including the restoration and protection of public lands threatened by
severe fire, insect or disease infestation or other damaging agents;
the protection, restoration, or enhancement of forest ecosystem
components to promote the recovery of threatened and endangered
species; the improvement of biological diversity; and, the enhancement
of productivity and carbon sequestration.
In general, the Secretaries may give a preference to those corps that
enroll young people who are economically, physically, or educationally
disadvantaged. When it comes to the priority projects, the Secretaries
shall ``to the maximum extent practicable'' give preference to those
corps that have a substantial number of members who are disadvantaged.
It also allows the Secretaries to grant noncompetitive hiring status to
corps alumni for future Federal hiring. Finally, the bill authorizes
$15 million a year, of which $10 million is for the priority projects
identified in the bill and $5 million is for nonpriority projects.
I have named this legislation the Public Lands Corps Healthy Forests
Restoration Act because it builds on both the Public Lands Corps Act of
1993 and the recently enacted Healthy Forest Restoration Act. I also
want to note that last year the administration supported an earlier,
but substantially similar, version of this bill.
This bill uses the cost saving resources of youth corps to carry out
projects. It is estimated that youth corps generate $1.60 in immediate
benefits for every dollar in costs. This figure is important given both
the great need and great costs associated with fighting fires. The
Federal Government is responsible for overseeing 689 million acres of
land and five Federal agencies reported spending $1.6 billion in 2002
on fire fighting suppression efforts--a whopping $300 million more than
the previous record.

[[Page S6487]]

As an example of what can happen in one State, consider 2003's
catastrophic wildfires in southern California. Before these wildfires
were contained, they scorched a total of 739,597 acres, killed 24
people, and destroyed approximately 3,631 homes and thousands of other
structures. Not only did insurance payouts cost more than $3 billion,
but public expenditures for firefighting and recovery ran into the
hundreds of millions of dollars. And California is certainly not the
only State to incur large costs from fires.
I want to reduce the chances of this type of catastrophe recurring in
the future. To do so, we must use every resource at our disposal. I
know that youth service and conversation corps can play a significant
role in reducing the physical and financial strain that public land
management agencies bear, and help protect our Nation's public lands
from wildfires and other forms of devastation.
I have seen firsthand the benefits that service and conservation
corps bring to communities and the difference that they make in the
lives of disadvantaged youth. In 1983, I founded the first urban youth
corps as mayor of San Francisco, and during that time I saw a great
improvement in the quality of life of the corps members and of the city
itself. When the program started, it had a million-dollar budget and
employed 36 disadvantaged young people 18 to 23 years old. They needed
some direction, wanted a challenge, and to make themselves socially
useful.
That first year, we paid corps members $3.35 an hour to repair
bathrooms in affordable housing for senior citizens and others, build a
park in Hunter's Point, clear scotch broom from the Twin Peaks
hillside, and fix up Alcatraz Island. In the subsequent 22 years, the
San Francisco Conservation Corps, SFCC, has grown into a multisite,
multifaceted agency that engages more than 500 young adults annually
who have completed over 3.5 million hours of community service.
The San Francisco Conservation Corps has also given thousands of
corps members a sense of personal pride, helped connect them with their
community, and prove that hard work pays off. I started the corps to
help young people break out of the cycle of poverty and crime and
improve their job skills by giving them guidance and support through
labor-intensive activities.
I am introducing this bill with the hope that the success of the San
Francisco Conservation Corps can be duplicated nationwide. This program
will not reach every disadvantaged young person in need of guidance and
a second chance. But it is a start, and I urge my colleagues to join me
in this effort.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1238

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Public Lands Corps Healthy
Forests Restoration Act of 2005''.

SEC. 2. AMENDMENTS TO THE PUBLIC LANDS CORPS ACT OF 1993.

(a) Definitions.--Section 203 of the Public Lands Corps Act
of 1993 (16 U.S.C. 1722) is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (13), respectively;
(2) by inserting after paragraph (7) the following:
``(8) Priority project.--The term `priority project' means
an appropriate conservation project conducted on eligible
service lands to further 1 or more of the purposes of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et
seq.), as follows:
``(A) To reduce wildfire risk to a community, municipal
water supply, or other at-risk Federal land.
``(B) To protect a watershed or address a threat to forest
and rangeland health, including catastrophic wildfire.
``(C) To address the impact of insect or disease
infestations or other damaging agents on forest and rangeland
health.
``(D) To protect, restore, or enhance forest ecosystem
components to--
``(i) promote the recovery of threatened or endangered
species;
``(ii) improve biological diversity; or
``(iii) enhance productivity and carbon sequestration.'';
and
(3) by inserting after paragraph (11) (as redesignated by
paragraph (1)) the following:
``(12) Secretary.--The term `Secretary' means--
``(A) with respect to National Forest System land, the
Secretary of Agriculture; and
``(B) with respect to Indian lands, Hawaiian home lands, or
land administered by the Department of the Interior, the
Secretary of the Interior.''.
(b) Qualified Youth or Conservation Corps.--Section 204(c)
of the Public Lands Corps Act of 1993 (16 U.S.C. 1723(c)) is
amended--
(1) by striking ``The Secretary of the Interior and the
Secretary of Agriculture are'' and inserting the following:
``(1) In general.--The Secretary is''; and
(2) by adding at the end the following:
``(2) Preference.--
``(A) In general.--For purposes of entering into contracts
and cooperative agreements under paragraph (1), the Secretary
may give preference to qualified youth or conservation corps
located in a specific area that have a substantial portion of
members who are economically, physically, or educationally
disadvantaged to carry out projects within the area.
``(B) Priority projects.--In carrying out priority projects
in a specific area, the Secretary shall, to the maximum
extent practicable, give preference to qualified youth or
conservation corps located in that specific area that have a
substantial portion of members who are economically,
physically, or educationally disadvantaged.''.
(c) Conservation Projects.--Section 204(d) of the Public
Lands Corps Act of 1993 (16 U.S.C. 1723(d)) is amended--
(1) in the first sentence--
(A) by striking ``The Secretary of the Interior and the
Secretary of Agriculture may each'' and inserting the
following:
``(1) In general.--The Secretary may''; and
(B) by striking ``such Secretary'' and inserting ``the
Secretary'';
(2) in the second sentence, by striking ``Appropriate
conservation'' and inserting the following:
``(2) Projects on indian lands.--Appropriate
conservation''; and
(3) by striking the third sentence and inserting the
following:
``(3) Disaster prevention or relief projects.--The
Secretary may authorize appropriate conservation projects and
other appropriate projects to be carried out on Federal,
State, local, or private land as part of a Federal disaster
prevention or relief effort.''.
(d) Conservation Centers and Program Support.--Section 205
of the Public Lands Corps Act of 1993 (16 U.S.C. 1724) is
amended--
(1) by striking the heading and inserting the following:

``SEC. 205. CONSERVATION CENTERS AND PROGRAM SUPPORT.'';

(2) by striking subsection (a) and inserting the following:
``(a) Establishment and Use.--
``(1) In general.--The Secretary may establish and use
conservation centers owned and operated by the Secretary
for--
``(A) use by the Public Lands Corps; and
``(B) the conduct of appropriate conservation projects
under this title.
``(2) Assistance for conservation centers.--The Secretary
may provide to a conservation center established under
paragraph (1) any services, facilities, equipment, and
supplies that the Secretary determines to be necessary for
the conservation center.
``(3) Standards for conservation centers.--The Secretary
shall--
``(A) establish basic standards of health, nutrition,
sanitation, and safety for all conservation centers
established under paragraph (1); and
``(B) ensure that the standards established under
subparagraph (A) are enforced.
``(4) Management.--As the Secretary determines to be
appropriate, the Secretary may enter into a contract or other
appropriate arrangement with a State or local government
agency or private organization to provide for the management
of a conservation center.''; and
(3) by adding at the end the following:
``(d) Assistance.--The Secretary may provide any services,
facilities, equipment, supplies, technical assistance,
oversight, monitoring, or evaluations that are appropriate to
carry out this title.''.
(e) Living Allowances and Terms of Service.--Section 207 of
the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Living Allowances.--The Secretary shall provide each
participant in the Public Lands Corps and each resource
assistant with a living allowance in an amount established by
the Secretary.''; and
(2) by adding at the end the following:
``(c) Hiring.--The Secretary may--
``(1) grant to a member of the Public Lands Corps credit
for time served with the Public Lands Corps, which may be
used toward future Federal hiring; and
``(2) provide to a former member of the Public Lands Corps
noncompetitive hiring status for a period of not more than
120 days after the date on which the member's service with
the Public Lands Corps is complete.''.
(f) Funding.--The Public Lands Corps Act of 1993 is
amended--
(1) in section 210 (16 U.S.C. 1729), by adding at the end
the following:
``(c) Other Funds.--Amounts appropriated pursuant to the
authorization of appropriations under section 211 are in
addition to amounts allocated to the Public Lands Corps

[[Page S6488]]

through other Federal programs or projects.''; and
(2) by inserting after section 210 the following:

``SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.--There is authorized to be appropriated
to carry out this title $15,000,000 for each fiscal year, of
which $10,000,000 is authorized to carry out priority
projects.
``(b) Availability of Funds.--Notwithstanding any other
provision of law, amounts appropriated for any fiscal year to
carry out this title shall remain available for obligation
and expenditure until the end of the fiscal year following
the fiscal year for which the amounts are appropriated.''.
(g) Conforming Amendments.--The Public Lands Corps Act of
1993 is amended--
(1) in section 204 (16 U.S.C. 1723)--
(A) in subsection (b)--
(i) in the first sentence, by striking ``Secretary of the
Interior or the Secretary of Agriculture'' and inserting
``Secretary'';
(ii) in the third sentence, by striking ``Secretaries'' and
inserting ``Secretary''; and
(iii) in the fourth sentence, by striking ``Secretaries''
and inserting ``Secretary''; and
(B) in subsection (e), by striking ``Secretary of the
Interior and the Secretary of Agriculture'' and inserting
``Secretary'';
(2) in section 205 (16 U.S.C. 1724)--
(A) in subsection (b), by striking ``Secretary of the
Interior and the Secretary of Agriculture'' and inserting
``Secretary''; and
(B) in subsection (c), by striking ``Secretary of the
Interior and the Secretary of Agriculture'' and inserting
``Secretary'';
(3) in section 206 (16 U.S.C. 1725)--
(A) in subsection (a)--
(i) in the first sentence--

(I) by striking ``Secretary of the Interior and the
Secretary of Agriculture are each'' and inserting ``Secretary
is''; and
(II) by striking ``such Secretary'' and inserting ``the
Secretary'';

(ii) in the third sentence, by striking ``Secretaries'' and
inserting ``Secretary''; and
(iii) in the fourth sentence, by striking ``Secretaries''
and inserting ``Secretary''; and
(B) in the first sentence of subsection (b), by striking
``Secretary of the Interior or the Secretary of Agriculture''
and inserting ``the Secretary''; and
(4) in section 210 (16 U.S.C. 1729)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``Secretary of the
Interior and the Secretary of Agriculture are each'' and
inserting ``Secretary is''; and
(ii) in paragraph (2), by striking ``Secretary of the
Interior and the Secretary of Agriculture are each'' and
inserting ``Secretary is''; and
(B) in subsection (b), by striking ``Secretary of the
Interior and the Secretary of Agriculture'' and inserting
``Secretary''.
______

By Mr. McCAIN (for himself, Mr. Dorgan, and Mr. Baucus):
S. 1239. A bill to amend the Indian Health Care Improvement Act to
permit the Indian Health Service, an Indian tribe, a tribal
organization, or an urban Indian organization to pay the monthly part D
premium of eligible medicare beneficiaries; to the Committee on Indian
Affairs.
Mr. McCAIN. Mr. President, today I introduce the American Indian
Elderly and Disabled Access to Health Care Act of 2005 to revise the
Indian Health Care Improvement Act.
The legislation I introduce today will amend the Indian Health Care
Improvement Act to permit the Indian Health Service, an Indian tribe,
tribal or Urban Indian organization to use their funding to pay the
Medicare Part D premiums of eligible Indian beneficiaries. These
premium payments are for the American Indians and Alaska Natives
enrolled in the prescription drug plans under part D of title XVIll of
the Social Security Act. Currently, these funds can be used for paying
Medicare Parts A and B premiums but not Part D, and this legislation
will enable eligible Indian beneficiaries to enroll and participate in
the Part D program when it begins in January, 2006.
Mr. President, this legislation will increase the ability of the
elderly and disabled American Indians and Alaska Natives to access the
prescription drug benefits available under Medicare Part D and assist
the Indian Health Service in achieving potentially significant cost
savings. I urge my colleagues to join me in improving access to health
care for American Indians and Alaska Natives.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1239

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``American Indian Elderly and
Disabled Access to Health Care Act of 2005''.

SEC. 2. PAYMENT OF MEDICARE MONTHLY PART D PREMIUM.

(a) In General.--Section 404 of the Indian Health Care
Improvement Act (25 U.S.C. 1644) is amended by adding at the
end the following new subsection:
``(d) Payment of Monthly Part D Premium Under the Medicare
Program.--
``(1) Payment of monthly part d premium.--The Service, an
Indian tribe, a tribal organization, or an urban Indian
organization may use appropriated funds or funds collected
pursuant to the authority granted in this title to pay the
monthly beneficiary premium (as determined under section
1860D-13 of the Social Security Act (42 U.S.C. 1395w-113) of
an eligible medicare beneficiary enrolled in a prescription
drug plan or an MA-PD plan under part D of title XVIII of
such Act (42 U.S.C. 1395w-101 et seq.).
``(2) Considerations.--In deciding whether to pay the
premium of an eligible medicare beneficiary under paragraph
(1), the Indian Health Service, Indian tribe, tribal
organization, or urban Indian organization shall consider the
cost effectiveness of paying such premium for such
individual, taking into account--
``(A) the beneficiary's expected drug utilization; and
``(B) other factors that the Service, Indian tribe, tribal
organization, or urban Indian organization determines
appropriate for the purpose of determining the cost
effectiveness of paying such premium.
``(3) Eligible beneficiary defined.--The term `eligible
medicare beneficiary' means an individual who--
``(A) is an Indian;
``(B) is a part D eligible individual (as defined in
section 1860D-1(a)(3)(A) of the Social Security Act (42
U.S.C. 1395w-101(a)(3)(A))); and
``(C) is not a subsidy eligible individual who receives a
full premium subsidy under 1860D-14(a)(1)(A) of such Act (42
U.S.C. 1395w-114(a)(1)(A)).''.
(b) Effective Date.--The amendment made by this section
shall apply to monthly beneficiary premium payments made with
respect to months beginning on or after January 1, 2006.
______

By Mr. SMITH (for himself and Mrs. Lincoln):
S. 1240. A bill to amend the Internal Revenue Code of 1986 to allow
an investment tax credit for the purchase of trucks with new diesel
engine technologies, and for other purposes; to the Committee on
Finance.
Mr. SMITH. Mr. President, today I introduce legislation critically
important to our Nation's continued economic growth and future
environmental progress. I am joined by my friend and colleague from
Arkansas, Senator Lincoln.
Nearly everything sold in the United States moves by truck at some
stage of delivery. In fact, America's trucking industry is responsible
for moving nearly 70 percent of the tonnage of all products sold in the
U.S.--a total of more than 9.8 billion tons of freight shipped in 2004.
If trucking serves as the circulatory system for the U.S. economy,
then diesel engines provide America's economic heartbeat. Because of
their superior fuel efficiency, durability and reliability, diesel
engines power 100 percent of the long-haul trucks responsible for the
bulk of freight deliveries in the U.S. Engineers have revolutionized
this technology over the past decade by dramatically reducing emissions
while maintaining diesel's inherent fuel efficiency. For example, a new
truck sold today produces 78 percent fewer smog-forming and particulate
emissions than a similar truck built in 1987.
Even more advanced, cleaner technology is scheduled to begin rolling
on America's highways in 2007. Beginning that year, a new Environmental
Protection Agency, EPA, regulation for diesel trucks will require
further reductions in smog-forming and particulate emissions--
reductions of over 90 percent compared to current levels. When fully
implemented in 2010, EPA's clean diesel rule is estimated to reduce
smog-forming emissions of nitrogen oxides by 2.6 million tons each
year, along with 110,000 tons of fine particulate matter annually.
These clean diesel trucks are expected to play a leading role in
helping cities and states meet strict new federal standards for ozone
and fine particulates. And the technology is real; truck manufacturers
and suppliers have demonstrated their commitment to delivering clean
diesel by 2007.
However, we must recognize that clean air comes at a price. Trucks
containing clean diesel engines that meet the EPA regulation in 2007
will include innovative emissions control technology that will increase
purchase and

[[Page S6489]]

maintenance costs. Additionally, the 2007 trucks will run on low-sulfur
diesel fuel that will be more expensive because of the added cost of
sulfur removal. These additional financial burdens will fall upon
America's trucking industry--where 96 percent of companies are
designated as small businesses.
Equally important for those of us concerned about clean air, we must
recognize that EPA's projected environmental benefits will materialize
only if trucking companies can afford to purchase the cleaner but more
expensive trucks equipped with the clean diesel engines. Federal
regulation can require manufacturers to produce emissions compliant
products, but the government cannot mandate the purchase of these clean
diesel trucks. Customers always have the option of holding on to older
trucks longer, rebuilding older engines, leasing older trucks, or
turning to the used truck market. They can also simply buy more trucks
today, with older design components and without the cleanest
technology, and defer the purchase of cleaner trucks.
The bottom line is that the actual trucks in service on America's
highways in 2007 and beyond will not yield the emissions reductions
currently projected by EPA's own air quality models unless trucking
companies can afford to buy the new clean diesels. Absent a short-term
incentive for the purchase of these new trucks in 2007, simple
economics will drive most trucking companies to either pre-purchase
trucks that do not meet the new EPA regulation or extend the lives of
their current fleets. This ``pre-buy/low-buy'' scenario played out most
recently with the introduction of lower emission diesel trucks in
October 2002.
Avoiding this problem, Mr. President, is the reason I am introducing
this legislation today. Truck manufacturers and suppliers have
responded to our clean air challenge and will be ready for the on-time
delivery of remarkably clean trucks in 2007. The Federal Government
needs to take the next step by helping to ensure the widest possible
distribution of this clean diesel technology into the U.S. trucking
fleet.
Under the proposal I am introducing today with Senator Lincoln,
taxpayers would be allowed an investment tax credit equal to 5 percent
of the cost of EPA-compliant diesel equipment for acquisitions after
December 31, 2006 but before January 1, 2008. The credits could be used
against the taxpayer's regular tax or AMT liability. The credit would
be part of the general business credit and thus credits unutilized in a
taxable year would be carried over to another taxable year.
In addition, taxpayers would be allowed to expense the acquisition
cost of qualifying equipment acquired and placed in service after
December 31, 2006 and before January 1, 2008, for purposes of both the
regular tax and the AMT.
Enacting the short-term tax incentive that Senator Lincoln and I
propose would put the cost of new clean diesel technology on at least a
level playing field with the cost of today's trucks. It would ensure
that trucking companies have the financial ability to purchase these
modern clean diesels. Consequently, our legislation would ensure that
Americans can breathe easier because the full air quality benefits
intended by EPA's clean diesel rule will be realized.
I look forward to working with Senator Lincoln and the rest of my
colleagues to see this important clean air legislation enacted.
______

By Mr. KOHL (for himself and Mr. Feingold):
S. 1241. A bill to suspend temporarily the duty on fixed ratio speed
changers for truck-mounted concrete mixers; to the Committee on
Finance.
Mr. KOHL. Mr. President, I rise today to introduce legislation which
would temporarily suspend the duty on fixed ratio speed changers for
truck-mounted concrete mixers. In the past 5 years, the manufacturers
of diesel engines have been subject to new regulations, including more
stringent emission standards for diesel engines, which have increased
the cost to make the engines. That cost increase has been passed onto
consumers. This legislation would allow U.S. manufacturers to import
the parts duty free and help manufacturers remain competitive and
continue to provide high quality and affordable engines.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1241

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. FIXED RATIO SPEED CHANGERS.

(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:

`` 9902.84.01 Fixed ratio speed Free No change No change On or before 12/ ''.
changers for 31/2008
truck-mounted
concrete mixer
drums (provided
for in subheading
8483.40.50)......

(b) Effective Date.--The amendment made by subsection (a)
applies to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
______

Mr. GRASSLEY (for himself and Mrs. Lincoln):
S. 1244. A bill to amend the Internal Revenue Code of 1986 to allow
individuals a deduction for qualified long-term care insurance
premiums, use of such insurance under cafeteria plans and flexible
spending arrangements, and a credit for individuals with long-term
needs; to the Committee on Finance.
Mr. GRASSLEY, Mr. President, I rise today to introduce the Long-Term
Care and Retirement Security Act. I am pleased to be sponsoring this
bill with my distinguished colleague from Arkansas, Senator Blanche
Lincoln.
Our bill would ease the tremendous cost of long-term care for
Americans everywhere. First, it would allow individuals a tax deduction
for the cost of long-term care insurance premiums. Increasingly,
Americans are interested in private long-term care insurance to pay for
nursing home stays, assisted living, home health aides, and other
services. However, most people find the policies unaffordable. The
younger the person is at the time the longcare insurance contract is
purchased, the lower the insurance premium. Yet most people are not
ready to buy a policy until retirement. A deduction for long-term care
insurance premiums would encourage more people to buy a long-term care
insurance policy.
Our proposal would also give individuals or their care gives a $3,000
tax credit to help cover their long-term care expenses. This would
apply to those who have been certified by a doctor as needing help with
at least three activities of daily living, such as eating, bathing or
dressing. This credit--would help care givers pay for medical supplies,
nursing care and any other expenses incurred while caring for family
members with disabilities.
This year, I have been pleased to see our Nation turn its attention
to the need to address the challenges of our aging population. The
President has used the power of the Presidency to jumpstart a national
discussion of the need to reform Social Security. Attention also has
been focused on the need to increase our abysmally low savings rate and
to ensure that workers' pensions are fully funded. At the same time, I
have been glad to see attention also focused on helping Americans'
prepare for future long-term care expenses. Enactment of the bill we
are introducing today would mark a giant step forward in doing just
that.
An aging Nation has no time to waste in preparing for long-term care,
and the need to help people afford long-term care is more pressing than
ever. I look forward to working with Senator Lincoln and our colleagues
in the Senate to get our bill passed into law as soon as possible.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

[[Page S6490]]

S. 1244

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Long-Term Care and
Retirement Security Act of 2005''.

SEC. 2. TREATMENT OF PREMIUMS ON QUALIFIED LONG-TERM CARE
INSURANCE CONTRACTS.

(a) In General.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional
itemized deductions) is amended by redesignating section 224
as section 225 and by inserting after section 223 the
following new section:

``SEC. 224. PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE
CONTRACTS.

``(a) In General.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the
applicable percentage of the amount of eligible long-term
care premiums (as defined in section 213(d)(10)) paid during
the taxable year for coverage for the taxpayer and the
taxpayer's spouse and dependents under a qualified long-term
care insurance contract (as defined in section 7702B(b)).
``(b) Applicable Percentage.--For purposes of subsection
(a), the applicable percentage shall be determined in
accordance with the following table:

------------------------------------------------------------------------
The
applicable
For taxable years beginning in calendar year-- percentage
is--
------------------------------------------------------------------------
2005, 2006, or 2007........................................ 25
2008....................................................... 35
2009....................................................... 65
2010 or thereafter......................................... 100.

------------------------------------------------------------------------

``(c) Coordination With Other Deductions.--Any amount paid
by a taxpayer for any qualified long-term care insurance
contract to which subsection (a) applies shall not be taken
into account in computing the amount allowable to the
taxpayer as a deduction under section 162(l) or 213(a).''.
(b) Long-term Care Insurance Permitted to Be Offered Under
Cafeteria Plans and Flexible Spending Arrangements.--
(1) Cafeteria plans.--The last sentence of section 125(f)
of such Code (defining qualified benefits) is amended by
inserting before the period at the end ``; except that such
term shall include the payment of premiums for any qualified
long-term care insurance contract (as defined in section
7702B) to the extent the amount of such payment does not
exceed the eligible long-term care premiums (as defined in
section 213(d)(10)) for such contract''.
(2) Flexible spending arrangements.--Section 106 of such
Code (relating to contributions by an employer to accident
and health plans) is amended by striking subsection (c) and
redesignating subsection (d) as subsection (c).
(c) Conforming Amendments.--
(1) Section 62(a) of such Code is amended by inserting
before the last sentence at the end the following new
paragraph:
``(21) Premiums on qualified long-term care insurance
contracts.--The deduction allowed by section 224.''.
(2) Sections 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B),
3231(e)(11), 3306(b)(18), 3401(a)(22), 4973(g)(1), and
4973(g)(2)(B)(i) of such Code are each amended by striking
``section 106(d)'' and inserting ``section 106(c)''.
(3) Section 6041 of such Code is amended--
(A) in subsection (f)(1) by striking ``(as defined in
section 106(c)(2))'', and
(B) by adding at the end the following new subsection:
``(h) Flexible Spending Arrangement Defined.--For purposes
of this section, a flexible spending arrangement is a benefit
program which provides employees with coverage under which--
``(1) specified incurred expenses may be reimbursed
(subject to reimbursement maximums and other reasonable
conditions), and
``(2) the maximum amount of reimbursement which is
reasonably available to a participant for such coverage is
less than 500 percent of the value of such coverage.
In the case of an insured plan, the maximum amount reasonably
available shall be determined on the basis of the underlying
coverage.''.
(4) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the last item
and inserting the following new items:

``Sec. 224. Premiums on qualified long-term care insurance contracts
``Sec. 225. Cross reference''.

(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2004.
(2) Cafeteria plans and flexible spending arrangements.--
The amendments made by subsection (b) shall apply to taxable
years beginning after December 31, 2006.

SEC. 3. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS.

(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after
section 25B the following new section:

``SEC. 25C. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS.

``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to the applicable credit amount multiplied by
the number of applicable individuals with respect to whom the
taxpayer is an eligible caregiver for the taxable year.
``(2) Applicable credit amount.--For purposes of paragraph
(1), the applicable credit amount shall be determined in
accordance with the following table:

------------------------------------------------------------------------
The
applicable
For taxable years beginning in calender year-- credit
amount is--
------------------------------------------------------------------------
2005....................................................... $1,000
2006....................................................... 1,500
2007....................................................... 2,000
2008....................................................... 2,500
2009 or thereafter......................................... 3,000.

------------------------------------------------------------------------

``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) shall be reduced (but not below zero) by $100
for each $1,000 (or fraction thereof) by which the taxpayer's
modified adjusted gross income exceeds the threshold amount.
For purposes of the preceding sentence, the term `modified
adjusted gross income' means adjusted gross income increased
by any amount excluded from gross income under section 911,
931, or 933.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' means--
``(A) $150,000 in the case of a joint return, and
``(B) $75,000 in any other case.
``(3) Indexing.--In the case of any taxable year beginning
in a calendar year after 2005, each dollar amount contained
in paragraph (2) shall be increased by an amount equal to the
product of--
``(A) such dollar amount, and
``(B) the medical care cost adjustment determined under
section 213(d)(10)(B)(ii) for the calendar year in which the
taxable year begins, determined by substituting `August 2004'
for `August 1996' in subclause (II) thereof.
If any increase determined under the preceding sentence is
not a multiple of $50, such increase shall be rounded to the
next lowest multiple of $50.
``(c) Definitions.--For purposes of this section--
``(1) Applicable individual.--
``(A) In general.--The term `applicable individual' means,
with respect to any taxable year, any individual who has been
certified, before the due date for filing the return of tax
for the taxable year (without extensions), by a physician (as
defined in section 1861(r)(1) of the Social Security Act) as
being an individual with long-term care needs described in
subparagraph (B) for a period--
``(i) which is at least 180 consecutive days, and
``(ii) a portion of which occurs within the taxable year.
Notwithstanding the preceding sentence, a certification shall
not be treated as valid unless it is made within the 39\1/2\
month period ending on such due date (or such other period as
the Secretary prescribes).
``(B) Individuals with long-term care needs.--An individual
is described in this subparagraph if the individual meets any
of the following requirements:
``(i) The individual is at least 6 years of age and--

``(I) is unable to perform (without substantial assistance
from another individual) at least 3 activities of daily
living (as defined in section 7702B(c)(2)(B)) due to a loss
of functional capacity, or
``(II) requires substantial supervision to protect such
individual from threats to health and safety due to severe
cognitive impairment and is unable to preform, without
reminding or cuing assistance, at least 1 activity of daily
living (as so defined) or to the extent provided in
regulations prescribed by the Secretary (in consultation with
the Secretary of Health and Human Services), is unable to
engage in age appropriate activities.

``(ii) The individual is at least 2 but not 6 years of age
and is unable due to a loss of functional capacity to perform
(without substantial assistance from another individual) at
least 2 of the following activities: eating, transferring, or
mobility.
``(iii) The individual is under 2 years of age and requires
specific durable medical equipment by reason of a severe
health condition or requires a skilled practitioner trained
to address the individual's condition to be available if the
individual's parents or guardians are absent.
``(2) Eligible caregiver.--
``(A) In general.--A taxpayer shall be treated as an
eligible caregiver for any taxable year with respect to the
following individuals:
``(i) The taxpayer.
``(ii) The taxpayer's spouse.
``(iii) An individual with respect to whom the taxpayer is
allowed a deduction under section 151(c) for the taxable
year.
``(iv) An individual who would be described in clause (iii)
for the taxable year if section 151(c) were applied by
substituting for the exemption amount an amount equal to the
sum of the exemption amount, the standard deduction under
section 63(c)(2)(C), and any additional standard deduction
under section 63(c)(3) which would be applicable to the
individual if clause (iii) applied.

[[Page S6491]]

``(v) An individual who would be described in clause (iii)
for the taxable year if--

``(I) the requirements of clause (iv) are met with respect
to the individual, and
``(II) the requirements of subparagraph (B) are met with
respect to the individual in lieu of the support test under
subsection (c)(1)(D) or (d)(1)(C) of section 152.

``(B) Residency test.--The requirements of this
subparagraph are met if an individual has as his principal
place of abode the home of the taxpayer and--
``(i) in the case of an individual who is an ancestor or
descendant of the taxpayer or the taxpayer's spouse, is a
member of the taxpayer's household for over half the taxable
year, or
``(ii) in the case of any other individual, is a member of
the taxpayer's household for the entire taxable year.
``(C) Special rules where more than 1 eligible caregiver.--
``(i) In general.--If more than 1 individual is an eligible
caregiver with respect to the same applicable individual for
taxable years ending with or within the same calendar year, a
taxpayer shall be treated as the eligible caregiver if each
such individual (other than the taxpayer) files a written
declaration (in such form and manner as the Secretary may
prescribe) that such individual will not claim such
applicable individual for the credit under this section.
``(ii) No agreement.--If each individual required under
clause (i) to file a written declaration under clause (i)
does not do so, the individual with the highest adjusted
gross income shall be treated as the eligible caregiver.
``(iii) Married individuals filing separately.--In the case
of married individuals filing separately, the determination
under this subparagraph as to whether the husband or wife is
the eligible caregiver shall be made under the rules of
clause (ii) (whether or not one of them has filed a written
declaration under clause (i)).
``(d) Identification Requirement.--No credit shall be
allowed under this section to a taxpayer with respect to any
applicable individual unless the taxpayer includes the name
and taxpayer identification number of such individual, and
the identification number of the physician certifying such
individual, on the return of tax for the taxable year.
``(e) Taxable Year Must Be Full Taxable Year.--Except in
the case of a taxable year closed by reason of the death of
the taxpayer, no credit shall be allowable under this section
in the case of a taxable year covering a period of less than
12 months.''.
(b) Conforming Amendments.--
(1) Section 6213(g)(2) of such Code is amended by striking
``and'' at the end of subparagraph (L), by striking the
period at the end of subparagraph (M) and inserting ``,
and'', and by inserting after subparagraph (M) the following
new subparagraph:
``(N) an omission of a correct TIN or physician
identification required under section 25C(d) (relating to
credit for taxpayers with long-term care needs) to be
included on a return.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25B the
following new item:

``Sec. 25C. Credit for taxpayers with long-term care needs''.

SEC. 4. ADDITIONAL CONSUMER PROTECTIONS FOR LONG-TERM CARE
INSURANCE.

(a) Additional Protections Applicable to Long-term Care
Insurance.--Subparagraphs (A) and (B) of section 7702B(g)(2)
of the Internal Revenue Code of 1986 (relating to
requirements of model regulation and Act) are amended to read
as follows:
``(A) In general.--The requirements of this paragraph are
met with respect to any contract if such contract meets--
``(i) Model regulation.--The following requirements of the
model regulation:

``(I) Section 6A (relating to guaranteed renewal or
noncancellability), other than paragraph (5) thereof, and the
requirements of section 6B of the model Act relating to such
section 6A.
``(II) Section 6B (relating to prohibitions on limitations
and exclusions) other than paragraph (7) thereof.
``(III) Section 6C (relating to extension of benefits).
``(IV) Section 6D (relating to continuation or conversion
of coverage).
``(V) Section 6E (relating to discontinuance and
replacement of policies).
``(VI) Section 7 (relating to unintentional lapse).
``(VII) Section 8 (relating to disclosure), other than
sections 8F, 8G, 8H, and 8I thereof.
``(VIII) Section 11 (relating to prohibitions against post-
claims underwriting).
``(IX) Section 12 (relating to minimum standards).
``(X) Section 13 (relating to requirement to offer
inflation protection).
``(XI) Section 25 (relating to prohibition against
preexisting conditions and probationary periods in
replacement policies or certificates).
``(XII) The provisions of section 26 relating to contingent
nonforfeiture benefits, if the policyholder declines the
offer of a nonforfeiture provision described in paragraph
(4).

``(ii) Model act.--The following requirements of the model
Act:

``(I) Section 6C (relating to preexisting conditions).
``(II) Section 6D (relating to prior hospitalization).
``(III) The provisions of section 8 relating to contingent
nonforfeiture benefits, if the policyholder declines the
offer of a nonforfeiture provision described in paragraph
(4).

``(B) Definitions.--For purposes of this paragraph--
``(i) Model provisions.--The terms `model regulation' and
`model Act' mean the long-term care insurance model
regulation, and the long-term care insurance model Act,
respectively, promulgated by the National Association of
Insurance Commissioners (as adopted as of October 2000).
``(ii) Coordination.--Any provision of the model regulation
or model Act listed under clause (i) or (ii) of subparagraph
(A) shall be treated as including any other provision of such
regulation or Act necessary to implement the provision.
``(iii) Determination.--For purposes of this section and
section 4980C, the determination of whether any requirement
of a model regulation or the model Act has been met shall be
made by the Secretary.''.
(b) Excise Tax.--Paragraph (1) of section 4980C(c) of the
Internal Revenue Code of 1986 (relating to requirements of
model provisions) is amended to read as follows:
``(1) Requirements of model provisions.--
``(A) Model regulation.--The following requirements of the
model regulation must be met:
``(i) Section 9 (relating to required disclosure of rating
practices to consumer).
``(ii) Section 14 (relating to application forms and
replacement coverage).
``(iii) Section 15 (relating to reporting requirements).
``(iv) Section 22 (relating to filing requirements for
marketing).
``(v) Section 23 (relating to standards for marketing),
including inaccurate completion of medical histories, other
than paragraphs (1), (6), and (9) of section 23C.
``(vi) Section 24 (relating to suitability).
``(vii) Section 29 (relating to standard format outline of
coverage).
``(viii) Section 30 (relating to requirement to deliver
shopper's guide).
The requirements referred to in clause (vi) shall not include
those portions of the personal worksheet described in
Appendix B relating to consumer protection requirements not
imposed by section 4980C or 7702B.
``(B) Model act.--The following requirements of the model
Act must be met:
``(i) Section 6F (relating to right to return).
``(ii) Section 6G (relating to outline of coverage).
``(iii) Section 6H (relating to requirements for
certificates under group plans).
``(iv) Section 6J (relating to policy summary).
``(v) Section 6K (relating to monthly reports on
accelerated death benefits).
``(vi) Section 7 (relating to incontestability period).
``(C) Definitions.--For purposes of this paragraph, the
terms `model regulation' and `model Act' have the meanings
given such terms by section 7702B(g)(2)(B).''.
(c) Effective Date.--The amendments made by this section
shall apply to policies issued more than 1 year after the
date of the enactment of this Act.

SEC. 5. TREATMENT OF EXCHANGES OF LONG-TERM CARE INSURANCE
CONTRACTS.

(a) In General.--Subsection (a) of section 1035 of the
Internal Revenue Code of 1986 (relating to exchanges of
insurance policies) is amended by striking the period at the
end of paragraph (3) and inserting ``; or'' and by adding at
the end the following new paragraph:
``(4) a qualified long-term care insurance contract for
another qualified long-term care insurance contract.''.
(b) Qualified Long-term Care Insurance Contract.--
Subsection (b) of section 1035 of such Code (relating to
definitions) is amended by adding at the end the following
new paragraph:
``(4) Qualified long-term care insurance contract.--The
term `qualified long-term care insurance contract' means--
``(A) any qualified long-term care insurance contract (as
defined in section 7702B), and
``(B) any contract which is treated as such by section
321(f)(2) of the Health Insurance Portability and
Accountability Act of 1996.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to exchanges after December 31, 1997.
(2) Waiver of limitations.--If the credit or refund of any
overpayment of tax with respect to a taxable year ending
before the date of the enactment of this Act resulting from
the application of section 1035(a)(4) of the Internal Revenue
Code of 1986, as added by this section, is prevented at any
time by the operation of any law or rule of law (including
res judicata), such credit or refund may nevertheless be
allowed or made if the claim therefor is filed before the
close of the 1-year period beginning on the date of the
enactment of this Act.

Mrs. LINCOLN. Mr. President, I am pleased to introduce the Long Term
Care and Retirement Security Act of 2005 with the Chairman of the
Senate Finance Committee and my good friend from Iowa, Senator Charles
Grassley.

[[Page S6492]]

The introduction of our bill coincides nicely with the debate we are
about to have in the Senate Finance Committee about Medicaid. Almost
one-third of Medicaid costs can be attributed to long term care of the
elderly and disabled.
The first of the 77 million Baby Boomers turn 65 years old in 2011. I
believe that Congress needs to help them prepare for their futures now
by investing in a private long term care policy. We must also make them
aware that many long term care services are not covered by private
health insurance or by Medicare. Historically, long term care costs
have been paid first by families out-of-pocket and then by Medicaid for
those who qualify and ``spend down'' to the income and assets limits.
Our legislation will create a tax credit for caregivers and
individuals faced with the immediate expense of long-term care. The
bill would also help Americans better prepare for their future needs by
providing a tax deduction to help consumers pay long-term care
insurance premiums for policies that meet strong consumer protection
standards. Such plans will cover both medical and non-medical
supportive care and personal care assistance so that elders can age at
home.
Unless we encourage Americans to plan ahead, demand and costs for
long term care services could deplete their savings and exhaust
government programs. These tax incentives are a good first step forward
to avoiding this problem.
I believe this bill should be seriously considered during the
Medicaid debate. States all over the country are being impacted by
decreased revenues and are being forced to make tough choices. At the
same time, enrollment in Medicaid is increasing.
In fact, compared to other states, enrollment in Medicaid in Arkansas
is growing at one of the fastest rates. Monthly Medicaid enrollment
grew by 9.6 percent from June 2002 to June 2003, while the national
average was 5.9 percent.
This legislation should also be a part of our debate on Social
Security and retirement security. Long term care insurance should be a
part of every family's retirement plan. Nursing home care is expensive,
and not all state Medicaid programs pay for long term care within an
individual's home.
I urge my colleagues to become cosponsors of this important
legislation and work with Senator Grassley and me to pass it as soon as
possible.
______

By Mr. DODD (for himself, Mr. Jeffords, Mr. Kerry, and Mr.
Feingold):
S. 1246. A bill to require the Secretary of Education to revise
regulations regarding student loan payment deferment with respect to
borrowers who are in postgraduate medical or dental internship,
residency, or fellowship programs; to the Committee on Health,
Education, Labor, and Pensions.
Mr. DODD. Mr. President, I rise today with Senators Jeffords, Kerry
and Feingold to introduce the Medical Education Affordability Act,
MEAA. The purpose of this bill is to make medical and dental education
more affordable.
Upon graduation from college, students who demonstrate economic
hardship are eligible to extend their student loan deferment for up to
3 additional years. Using the economic hardship deferment, a formula
that takes into account earnings and debt level, the majority of
medical and dental residents defer repayment of their student loans
until the end of their residency period. Unfortunately, for those
specialties that require a residency of more than 3 years--OB/GYN,
psychiatry, and general surgery to name a few--student loan repayment
begins before a resident's medical or dental education is completed.
This situation creates an enormous financial burden for residents who
have, in most cases, incurred significant debt. In 2004, the average
indebtedness for graduating medical students was $115,000, for
graduating dental students it was $122,263. While lenders are currently
required to offer forbearance to medical and dental students, this is
an expensive option as interest continues to accrue and may be
capitalized more often.
The Medical Education Affordability Act would solve this problem by
extending the economic hardship deferment to cover the entire length of
a medical or dental residency. By altering the definition we are
removing a significant financial obstacle facing students with
residency periods longer than 3 years. I want to stress again,
residents will still have to demonstrate economic hardship--MEAA only
extends the deferment for borrowers that continue to meet the debt-to-
income requirements of the economic hardship deferment.
Mr. President, I hope my colleagues will join me in support of
medical education by signing onto this bill. By working together, I
believe that the Senate as a body can act to ensure that more
individuals are able to pursue a full range of medical specialties.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1246

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Medical Education
Affordability Act''.

SEC. 2. REGULATION REVISION REQUIRED.

(a) Action Required.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Education shall
revise the regulations of the Department of Education that
are promulgated to carry out the provisions relating to
student loan repayment deferment under the Federal Family
Education Loan Program under part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.), the William
D. Ford Federal Direct Loan Program under part D of title IV
of such Act (20 U.S.C. 1087a et seq.), and the Federal
Perkins Loan Program under part E of title IV of such Act (20
U.S.C. 1087aa et seq.), which are promulgated under sections
682.210, 685.204, and 674.34 of title 34, Code of Federal
Regulations, to comply with the requirements of subsection
(b).
(b) Requirements.--The student loan repayment deferment
regulations shall be revised to provide, with respect to a
borrower who is in a postgraduate medical or dental
internship, residency, or fellowship program, that if the
borrower qualifies for student loan repayment deferment under
the economic hardship provision--
(1) the deferment shall be available for the length of the
internship, residency, or fellowship program if the program--
(A) must be successfully completed by the borrower before
the borrower may begin professional practice or service; or
(B) leads to a degree or certificate awarded by a health
professional school, hospital, or health care facility that
offers postgraduate training; and
(2) the borrower shall not be required to apply annually
for such student loan repayment deferment during the length
of the program.
______

By Mr. DODD (for himself, Ms. Mikulski, Ms. Landrieu, Mr. Levin,
Ms. Cantwell, and Mr. Kerry):
S. 1247. A bill to amend the Higher Education Act of 1965 to
establish a scholarship program to encourage and support students who
have contributed substantial public services; to the Committee on
Health, Education, Labor, and Pensions.
Mr. DODD. Mr. President, I rise to introduce, along with Senators
Mikulski, Landrieu, Levin, Cantwell and Kerry, the Youth Service
Scholarship Act. This Act would authorize the Secretary of Education to
award college scholarships of up to $5,000 a year to high school
students and undergraduates who perform community service.
A recent study titled Community Service and Service Learning in U.S.
Public Schools reveals that 66 percent of public schools involve
students in community service. This means that approximately 54,000
public schools in America currently engage about 13.7 million students
in community service each year. Other studies have shown that nearly 84
percent of high school students participate in volunteer activities
either in or out of school and two-thirds of college students have
recently participated in volunteer activities.
The Youth Service Scholarship Act is designed to assist low-income
students who dedicate a significant portion of their time to volunteer
service with money for college. This Act would authorize the Secretary
of Education to award college scholarships of up to $5,000 to high
school students who perform over 300 hours of community service in both
their junior and senior years. In order to be considered, high school
applicants must maintain a 3.0 grade point average, submit character
recommendations, and write an essay

[[Page S6493]]

on the nature of their community service. Additional money will be
available if the student continues to participate in a significant
amount of community service once they are in college.
Voluntarism not only brings support and services to communities in
need, it provides significant benefits to the students who participate.
Research has shown that students who volunteer are 50 percent less
likely to use drugs and alcohol or engage in destructive behavior.
Additionally, students who volunteer are more likely to receive good
grades, be philanthropic, graduate, and be interested in going to
college.
In the 21st Century, higher education is not a luxury, it is a
necessity. For many of our low-income youth, finding money to pay for
college is an obstacle to enrollment. This scholarship program provides
aid to motivated and inspired youth.
I urge my colleagues to join me in supporting the Youth Service
Scholarship Act. I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1247

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Youth Service Scholarship
Act of 2005''.

SEC. 2. FINDINGS.

Congress finds that--
(1) young people under 18 years of age are now our Nation's
most impoverished age group, with 1 of every 5 living in
poverty, a higher proportion than in 1968, and the percentage
of minority children living in poverty is about twice as
high;
(2) more than 1 of 4 families is headed by a single parent
and the percentage of such families has risen steadily over
the past few decades, rising 13 percent since 1990;
(3) there is a need to engage youth as active participants
in decisionmaking that affects their lives, including in the
design, development, implementation, and evaluation of youth
development programs at the Federal, State, and community
levels;
(4) existing outcome driven youth development strategies,
pioneered by community-based organizations, hold real promise
for promoting positive behaviors and preventing youth
problems;
(5) formal evaluations of youth development programs have
documented significant reductions in drug and alcohol use,
school misbehavior, aggressive behavior, violence, truancy,
high-risk sexual behavior, and smoking;
(6) compared to youth in the United States generally, youth
participating in community-based organizations are more than
26 percent more likely to report having received recognition
for good grades than youth in the United States generally and
nearly 20 percent more likely to rate the likelihood of their
going to college as very high; and
(7) the availability and use of Federal resources can be an
effective incentive to leverage broader community support to
enable local programs, activities, and services to provide
the full array of developmental core resources, remove
barriers to access, promote program effectiveness, and
facilitate coordination and collaboration within the
community.

SEC. 3. ESTABLISHMENT OF PROGRAM.

Subpart 2 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070a-11 et seq.) is amended--
(1) by redesignating section 407E as section 406E; and
(2) by adding at the end the following:

``CHAPTER 4--PUBLIC SERVICE INCENTIVES

``SEC. 407A. PURPOSE.

``The purpose of this chapter is to establish a scholarship
program to reward low-income students who have, during high
school, and who continue, during college, to make significant
public service contributions to their communities.

``SEC. 407B. SCHOLARSHIPS AUTHORIZED.

``(a) Qualifications for Scholarships.--The Secretary is
authorized to award a scholarship to enable a student to pay
the cost of attendance at an institution of higher education
during the student's first 4 academic years of undergraduate
education, if the student--
``(1) in order to be eligible for the first year of such
scholarship, performed not less than 300 hours of qualifying
public service during each of 2 academic years of the
student's secondary school enrollment;
``(2) in order to be eligible for the second or any
subsequent year of such scholarship, performed not less than
300 hours of qualifying public service during the academic
year of postsecondary school attendance preceding the
academic year for which the student seeks such scholarship;
``(3) was eligible for a free or reduced price lunch under
the Richard B. Russell National School Lunch Act (42 U.S.C.
1721 et seq.);
``(4) is eligible to receive Federal Pell Grants for the
year in which the scholarships are awarded, except that a
student shall not be required to comply or verify compliance
with section 484(a)(5) for purposes of receiving a
scholarship under this chapter; and
``(5) otherwise demonstrates compliance with regulations
prescribed by the Secretary under section 407G.
``(b) Definition of Qualifying Public Service.--For
purposes of subsection (a), the term `qualifying public
service' means service that would be eligible for treatment
as community service under the National and Community Service
Act of 1990 (42 U.S.C. 12501 et seq.) or under the Federal
work-study program under part C.

``SEC. 407C. AMOUNT OF SCHOLARSHIP.

``(a) Amount of Award.--
``(1) In general.--Except as provided in paragraph (2) and
subsection (b), the amount of a scholarship awarded under
this chapter for any academic year shall be equal to $5,000.
``(2) Adjustment for insufficient appropriations.--If,
after the Secretary determines the total number of students
selected under section 407D for an academic year, funds
available to carry out this chapter for the academic year are
insufficient to fully fund all awards under this chapter for
the academic year, the amount of the scholarship paid to each
student under this chapter shall be reduced proportionately.
``(b) Assistance Not to Exceed Cost of Attendance.--A
scholarship awarded under this chapter to any student, in
combination with the Federal Pell Grant assistance and other
student financial assistance available to such student, may
not exceed the student's cost of attendance.

``SEC. 407D. SELECTION OF SCHOLARSHIP RECIPIENTS.

``The Secretary shall designate a panel to select students
for the award of scholarships under this chapter. Such panel
shall be composed of 9 individuals who are selected by the
Secretary and shall be composed of equal numbers of youths,
community representatives, and teachers. The Secretary shall
ensure that no individual assigned under this section to
review any application has any conflict of interest with
regard to the application that might impair the impartiality
with which the individual conducts the review under this
section.

``SEC. 407E. APPLICATIONS.

``Any eligible student desiring to obtain a scholarship
under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information or assurances as the Secretary may require. Such
application shall--
``(1) demonstrate that the eligible student is maintaining
satisfactory academic progress and is achieving a grade point
average of at least 3.0 (on a scale of 4), or its equivalent;
``(2) include a recommendation from--
``(A) the supervisor of the community service project of
the applicant; and
``(B) another individual not related to, but familiar with
the character of the applicant such as a teacher, coach, or
employer; and
``(3) include an essay by the applicant on the nature of
the community service performed by the applicant.

``SEC. 407F. PROGRAM DISSEMINATION AND PROMOTION.

``(a) Development and Dissemination.--The Secretary shall
develop and disseminate to the public information on the
availability of, and application process for, scholarships
under this chapter.
``(b) Promotion.--In disseminating information about the
scholarship program under this chapter, the Secretary shall--
``(1) disseminate such information directly or through
arrangements with local educational agencies, public and
private elementary schools and secondary schools, nonprofit
organizations, consumer groups, Federal, State, or local
agencies, and the media; and
``(2) at a minimum, include a description and the purpose
of the scholarship program, an explanation of how to obtain
an application, and a description of the application process
and procedures.

``SEC. 407G. REGULATIONS.

``The Secretary shall prescribe such regulations as may be
necessary to carry out this chapter.

``SEC. 407H. EVALUATION.

``Not earlier than 2 years after the first fiscal year for
which funds are made available under this chapter, the
Secretary shall prepare and submit to Congress an evaluation
of the effectiveness of the program under this chapter. Such
evaluation shall include--
``(1) an evaluation of the demand, by grade level and types
of community service sites, for the scholarships provided
under this chapter;
``(2) general data on the background of program
participants and the types of service performed; and
``(3) an itemization of the costs of administering the
program under this chapter.

``SEC. 407I. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this
chapter $5,000,000 for fiscal year 2006 and such sums as are
necessary for each of the 3 succeeding fiscal years.''.
______

By Ms. LANDRIEU (for herself, Mr. Levin, and Mr. Schumer):
S. 1248. A bill to establish a servitude and emancipation archival
research clearinghouse in the National Archives; to the Committee on
Homeland Security and Governmental Affairs.

[[Page S6494]]

Ms. LANDRIEU. Mr. President, I rise today to commemorate the 140th
anniversary on this upcoming Sunday of Major General Gordon Granger and
his Union soldiers' arrival in Galveston, TX. On that day in 1865,
these troops brought with them the news that the war had ended and that
the enslaved peoples were henceforth free. Since its origin in 1865,
the observance of June 19 as African American Emancipation Day, or
Juneteenth, is the oldest known celebration of slavery's end.
It took two and a half years from the time that President Lincoln's
Emancipation Proclamation went into effect for the news of freedom to
arrive in Texas. That it took 2 years for African Americans to learn
that the war was over, and that they were now free seems absurd in our
information age. Yet, despite the transformation made in our society by
computers, networks and the internet, there are still gaps in the
information accessible to African Americans around this country. The
bill that I introduce today attempts to address one of them.
Mr. President, it is a very human instinct for people to want to
understand who they are from the lense of who are their ancestors and
where they are from. The very commercially successful, and critically
acclaimed television series ``Roots'' was a seminal event in this
nation's interest in genealogy. Yet while people across the nation were
inspired by Alex Haley's tale to understand their own family history,
African Americans trying to do the same confronted unique challenges.
Unfortunately, African Americans who attempt to trace their genealogy
encounter huge hurdles in reclaiming the usual documentary history that
allows most Americans to piece together their heritage. For this
reason, I am proposing the Servitude and Emancipation Archival Research
Clearing House, SEARCH, Act of 2005. This bill establishes a national
database within the National Archives and Records Administration, NARA,
housing various documents that would assist those in search of a
history that, because of slavery, is almost impossible to find in the
most ordinary registers and census records.
Traditionally, someone researching their genealogy would try looking
up wills and land deeds; however, enslaved African Americans were
prohibited from owning property. In fact, African Americans, must
frequently rely on the records of slave owners--most of which are in
private hands--in hope that they had kept records containing birth and
death information. Even if records do exist, many African Americans in
the past did not have formal last names, thus compounding the
difficulty of tracing their lives. The omission of surnames also
precludes use of the most popular and major source of genealogical
research, the United States Census. Furthermore, letters, diaries, and
other first-person records used by most genealogical researchers are
scarcely available for slaves, owing to the fact that they could not
legally learn to read or write.
We may think that after 1865, African Americans could begin using
traditional genealogical records like voter registrations and school
records. However, African Americans did not immediately begin to
participate in many of the privileges of citizenship, including voting
and attending school. Discrimination meant that African Americans were
barred from sitting on juries or owning businesses. Segregation meant
segregated neighborhoods, schools, churches, clubs, and fraternal
organizations, and thus segregated societies maintained segregated
records. For example, some telephone directories in South Carolina did
not include African Americans in the regular alphabetical listing, but
rather at the end of the book. An African American must maneuver these
distinctive nuances in order to conduct proper genealogical research.
In my own State of Louisiana, descendants of the 9th Cavalry Regiment
and 25th Infantry Regiment, known as the Buffalo Soldiers, would have
to know to look in the index of United States Colored Troops since
there is no mention of them in the index of State Military Regiments.
Abraham Lincoln said, ``A man who cares nothing about his past can
care little about his future.'' By providing $5 million for the
National Historical Publications and Records Commission to establish
and maintain a national database, the SEARCH Act has the potential to
significantly reduce the time and painstaking efforts of those African
Americans who truly care about their American past to contribute to the
American future. This bill also seeks to authorize $5 million for
States, colleges, and universities to preserve, catalogue, and index
records locally.
In a democracy, records matter. The mission of NARA is to ensure that
anyone can have access to the records that matter to them. The SEARCH
Act of 2005 seeks to fulfill that mission by helping African Americans
navigate genealogical research sources and negotiate the unique
challenges that confront them in this process. No longer should any
American have to wait to learn information, which in itself can offer
such freedom.
I hope my colleagues will join me in celebrating the 140th
anniversary of Juneteenth by passing this measure. I ask unanimous
consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1248

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Servitude and Emancipation
Archival Research ClearingHouse Act of 2005'' or the ``SEARCH
Act of 2005''.

SEC. 2. ESTABLISHMENT OF DATABASE.

(a) In General.--The Archivist of the United States shall
establish, as a part of the National Archives, a national
database consisting of historic records of servitude and
emancipation in the United States to assist African Americans
in researching their genealogy.
(b) Maintenance.--The database established by this Act
shall be maintained by the National Historical Publications
and Records Commission.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated--
(1) $5,000,000 to establish the national database
authorized by this Act; and''
(2) $5,000,000 to provide grants to States and colleges and
universities to preserve local records of servitude and
emancipation.

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