[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.''.
____________________