[Congressional Record (Bound Edition), Volume 151 (2005), Part 9]
[Senate]
[Pages 12385-12397]
[From the U.S. 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.
  After the commencement of Operation Iraqi Freedom, Todd joined EOD 
Technology, Inc. as a Security Manager for Iraq. The U.S. Army assigned

[[Page 12386]]

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

[[Page 12387]]

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 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

[[Page 12388]]

       (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''.

     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.

[[Page 12389]]

  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.
  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

[[Page 12390]]

       (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 
     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

[[Page 12391]]

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 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

[[Page 12392]]

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:

                                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

[[Page 12393]]

     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.
       ``(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''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.

     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).

[[Page 12394]]

     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.
  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

[[Page 12395]]

     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 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

[[Page 12396]]

     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.
  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.

[[Page 12397]]

  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.

                          ____________________