[Congressional Record Volume 156, Number 72 (Thursday, May 13, 2010)]
[Senate]
[Pages S3719-S3721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. UDALL of Colorado (for himself, Ms. Collins, Mr. Burris, 
        Mr. Merkley, Mrs. Murray, and Mr. Tester):
  S. 3364. A bill to amend the Energy Policy and Conservation Act to 
establish the Office of Energy and Renewable Energy as the lead Federal 
agency for coordinating Federal, State, and local assistance provided 
to promote the energy retrofitting of schools; to the Committee on 
Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing a 
bipartisan bill along with my colleague Senator Collins entitled the 
Streamlining Energy Efficiency for Schools Act of 2010. This bill is 
designed to streamline the Federal Government's efforts to improve the 
health and efficiency of our schools, while creating much-needed jobs 
in the process.
  I am pleased that Senators Burris, Merkley and Murray are also 
joining us as original cosponsors of this bill.
  For the past year I have been travelling across Colorado as part of a 
work force tour to talk directly to Coloradans and hear their 
innovative policy ideas to create jobs. These ongoing efforts help me 
identify ways the Federal Government can help or is not as effective as 
it can be in supporting economic development and meeting our national 
energy goals. The Streamlining Energy Efficiency for Schools Act of 
2010 comes directly from visiting with Coloradans. This bill is just 
one of several job-creation proposals developed after I hosted an 
Energy Jobs Summit in February in Colorado.
  There are numerous Federal programs and funds already available to 
schools to help them become more energy efficient. However, schools 
face a morass of programs and agency offices across the government and 
it is challenging for schools to take full advantage of them. This 
bipartisan bill will force the government to coordinate their efforts 
so that schools are less confused and they can better navigate the 
existing federal programs and financing options available to them. Put 
simply, it will streamline the Federal Government while still leaving 
decisions to the states, school boards and local officials to determine 
what is best for their schools.
  I have had a longstanding interest in energy efficiency technologies. 
These technologies further our national goals of broad-based economic 
growth, environmental protection, national security, and economic 
competitiveness.
  I have also been a long-time champion of energy efficiency in our 
schools, introducing and co-sponsoring many bills over the years in the 
House of Representatives that promoted the efficient use of energy by 
our schools.
  I have seen these energy efficient buildings first hand when 
traveling in Colorado. It is good to see that there are schools in my 
state that are already incorporating this technology into their 
buildings. For example, the Cherry Creek School District in Greenwood 
Village, CO, has incorporated day lighting techniques and ice storage 
to cool the buildings during the day. Because of these innovative 
improvements, the school district has enjoyed significant cost savings. 
This is good news not just for Colorado students, but also for Colorado 
taxpayers.
  In another example, Colorado's Poudre School District in Fort 
Collins, CO, actively promotes sustainable design guidelines, calling 
it their ``Ethic of Sustainability.'' This program includes an 
elementary school in Fort Collins that actually uses recycled blue 
jeans as insulation for the school buildings. This school has a ``Truth 
Wall,'' an exposed cross-section where kids can see the denim at work, 
look at pipes and electrical systems, and check school energy use.
  I hope that in passing this bill we will see more examples of these 
successful and creative projects across the country--projects that will 
increase the efficiency of our schools and teach our students about the 
importance of saving energy.
  Through effective use of existing Federal Government programs and 
financing options, schools can reduce costs and create jobs at the same 
time becoming more energy efficient. Though it is often overlooked, 
energy efficiency is a huge job creator. Not only does it create jobs 
through the purchase and installation of efficient materials, it frees 
up scarce school finances to retain teachers and important programs.
  What excites me most about this bill is that it will create jobs for 
Americans in every neighborhood where schools improve their energy 
efficiency. Right now, creating jobs is priority one for all of us.
  But additionally, this bill helps reduce barriers to schools wishing 
to incorporate innovative energy efficiency measures, and creates a 
simple, streamlined structure to allow schools

[[Page S3720]]

to more effectively use existing Federal funds and programs--at a low 
cost. These cutting edge actions--which we are all seeing across our 
states--are making government more efficient and saving taxpayer 
dollars, a goal we all share. I urge my colleagues--of both parties--to 
join me in supporting this bipartisan legislation.
                                 ______
                                 
      By Mr. AKAKA:
  S. 3367. A bill to amend title 38, United States Code, to increase 
the rate of pension for disabled veterans who are married to one 
another and both of whom require regular aid and attendance, and for 
other purposes; to the Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on 
Veterans' Affairs, I introduce legislation today to correct an inequity 
which affects a small number of couples where both the husband and wife 
are wartime veterans and each meets the criteria for VA pension with 
additional aid and attendance benefits. Currently these couples receive 
annual benefits of $30,480. Under my bill, the annual amount would be 
increased by $825 to $31,305.
  This measure would correct a mistake which occurred in 1998 with the 
enactment of Public Law 105-178. Section 8206 of that law increased the 
aid and attendance rates for veterans in receipt of VA pension who were 
in need of aid and attendance. Due to a drafting error, this increase 
was not provided to couples where both members were pension receipients 
in need of aid and attendence. This bill would correct that mistake by 
bringing the pension of a wartime veteran couple eligible for pension 
and aid and attendance into conformity with what their peers receive.
  This is an appropriate result. Both members of such couples served 
our Nation with honor. In their time of need, they should not be short-
changed by this mistake. Although only a small number of veterans 
qualify for this benefit, those who do so often pay large amounts of 
money to receive care in nursing homes, assisted-living facilities, or 
at home. My bill would increase the amounts paid so that each member of 
the couple would have their service taken into account in determining 
the benefit level.
  I urge our colleagues to support this bill so that all veterans who 
served during wartime and are eligible for VA pension receive the same 
benefit payments and no member of a wartime veteran couple is 
shortchanged.
  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. 3367

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

     SECTION 1. INCREASE IN RATE OF PENSION FOR DISABLED VETERANS 
                   MARRIED TO ONE ANOTHER AND BOTH OF WHOM REQUIRE 
                   REGULAR AID AND ATTENDANCE.

       (a) In General.--Section 1521(f)(2) of title 38, United 
     States Code, is amended by striking ``$8,911'' and inserting 
     ``$31,305''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
      By Mr. AKAKA:
  S. 3368. A bill to amend title 38, United States Code, to authorize 
certain individuals to sign claims filed with the Secretary of Veterans 
Affairs on behalf of claimants, and for other purposes; to the 
Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on 
Veterans' Affairs, I introduce legislation today that would give the 
Department of Veterans Affairs the same authority as the Social 
Security Administration with respect to claimants who are unable to 
complete applications for benefits without requiring assistance.
  Occasionally, claimants for VA benefits are so disabled as to be 
incapable of understanding the information on the application form. VA 
lacks authority to authorize a court appointee or caregiver to sign an 
application form allowing the adjudication of the claim to proceed. 
Without a signed application, the claim cannot proceed.
  The Social Security Administration has specific authority under the 
Social Security Act that permit an certain individuals, such as court 
appointed representatives, to sign a claim form on behalf of 
individuals unable to sign a claim form.
  My bill would extend the same authority to the Department of Veterans 
Affairs, and would allow court appointed representatives and caregivers 
of applicants for VA benefits and services, including institutional 
representatives, to sign application forms. This bill does not alter 
the responsibility of VA to evaluate and appoint a fiduciary in cases 
where the beneficiary is determined to be incompetent to manage his or 
her benefits.
  I urge our colleagues to support this bill so that unnecessary delays 
in the adjudication of these claims will be avoided.
  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. 3368

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

     SECTION 1. AUTHORITY FOR CERTAIN INDIVIDUALS TO SIGN CLAIMS 
                   FILED WITH SECRETARY OF VETERANS AFFAIRS ON 
                   BEHALF OF CLAIMANTS.

       (a) In General.--Section 5101 of title 38, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``A specific'' and inserting ``(1) A 
     specific''; and
       (B) by adding at the end the following new paragraph:
       ``(2) If an individual has not attained the age of 18 
     years, is mentally incompetent, or is physically unable to 
     sign a form, a form filed under paragraph (1) for the 
     individual may be signed by a court appointed representative 
     or a person who is responsible for the care of the 
     individual, including a spouse or other relative. If the 
     individual is in the care of an institution, the manager or 
     principal officer of the institution may sign the form.'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by inserting ``, signs a form on behalf of a person to 
     apply for,'' after ``who applies for''; and
       (ii) by inserting ``, or TIN in the case that the person is 
     not an individual,'' after ``of such person''; and
       (B) in paragraph (2), by inserting ``or TIN'' after 
     ``social security number'' each place it appears; and
       (3) by adding at the end the following new subsection:
       ``(d) In this section:
       ``(1) The term `mentally incompetent' with respect to an 
     individual means that the individual lacks the mental 
     capacity--
       ``(A) to provide substantially accurate information needed 
     to complete a form; or
       ``(B) to certify that the statements made on a form are 
     true and complete.
       ``(2) The term `TIN' has the meaning given the term in 
     section 7701(a)(41) of the Internal Revenue Code of 1986.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to claims filed on or after the date 
     of the enactment of this Act.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Kyl, Mr. Schumer, Mr. Cornyn, 
        Mrs. Boxer, Mrs. Hutchison, Mr. Bingaman, Mr. McCain, Mr. 
        Durbin, and Mr. Crapo):
  S. 3376. A bill to authorize to be appropriated $950,000,000 for each 
of the fiscal years 2012 through 2015 to carry out the State Criminal 
Alien Assistance Program; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce a bill, the SCAAP 
Reauthorization Act, on behalf of myself and Mr. Kyl, to assist with 
alleviating the costs of illegal immigration to State and local 
governments by reauthorizing the State Criminal Alien Assistance 
Program, SCAAP, though 2015.
  We are pleased to be joined today by Senators Schumer, Cornyn, Boxer, 
Hutchison, Bingaman, McCain, Durbin, and Crapo.
  I believe that immigration policy and control of our borders is 
exclusively a Federal responsibility. Yet many undocumented criminal 
aliens are housed in our State prisons and our county jails at a cost 
that rises into the hundred of millions of dollars.
  Understanding the expenses that States and localities bear, Congress 
enacted the State Criminal Alien Assistance Program, (SCAAP), in 1994 
as part of the Violent Crime Control Act. The program was designed to 
help reimburse States and localities for the costs of incarcerating 
undocumented criminal aliens. Under this program, States can be 
reimbursed for costs for housing undocumented aliens who are convicted 
of a felony or two or more misdemeanors in violation of State or

[[Page S3721]]

local law and incarcerated for at least 4 consecutive days.
  Over the years, Senator Kyl and I have worked to increase 
Congressional funding of SCAAP. Last year, Congress appropriated 393 
million dollars to SCAAP. While this is only a fraction of the costs 
that States and localities bear for housing undocumented criminal 
aliens, even this level of funding is critical.
  In 2009, undocumented aliens comprised approximately 11 percent of 
the inmates in California's State prison system. This year, the State 
of California is expected to spend 970.3 million dollars from the 
general fund on the incarceration of undocumented criminal aliens. 
However, it is expected that California will only receive reimbursement 
for 10 percent of its total costs. The State of California and its 
counties simply cannot afford to take on these costs, which stretch 
already thin budgets.
  When the Federal Government does not reimburse States and localities 
for the cost of incarcerating criminal aliens, it is at the expense of 
our local educators, social services, and law enforcement. Insufficient 
SCAAP funding forces localities to engage in the ``early release'' of 
prisoners with misdemeanors as a cost saving measure and make cuts to 
other necessary public safety services. American communities simply 
cannot afford to shoulder the weight of our immigration policies.
  I believe this legislation will reaffirm the Federal government's 
commitment to working with States and localities to address their 
financial concerns.
  Mr. President, I ask unanimous consent that the text of 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. 3376

       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 ``SCAAP Reauthorization Act''.

     SEC. 2. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR THE 
                   STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       Subparagraph (C) of section 241(i)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(i)(5)) is amended by 
     striking ``2011.'' and inserting ``2015.''.

                          ____________________