Lead Exposure Reduction Amendments Act of 2013

Mr. President, I rise today to reintroduce the Tribal Gaming Eligibility Act.

This bill sets forth what I believe is a very reasonable, moderate standard for where tribes are allowed to open gaming establishments.

The standard is simple: a tribe must demonstrate that it has a modern and an aboriginal connection to the land before it can open a gaming establishment on it.

The new standard is needed because too many tribes in California and across the nation are ``reservation shopping''. They look for a profitable casino location, and then seek to put that land in trust regardless of their historical ties to the area.

To be clear, most tribes do not fit this mold. Most play by the rules and acquire land in appropriate locations.

But as wealthy Las Vegas casino interests search for ways to expand their gaming syndicates, the problem is getting worse. These syndicates have no interest in preserving native cultures and they have little interest in pursuing other forms of economic development; so they also have little interest in limiting casinos to bone fide historical tribal lands.

The tragic part is that these casinos are going up despite objections from communities and other Native American tribes. That is why I am introducing the Tribal Gaming Eligibility Act.

This legislation addresses the problems that arise from off reservation casinos by requiring that tribes meet two simple conditions before taking land into trust for gaming:

First the tribe must demonstrate a ``substantial direct modern connection to the land.''

Second, the tribe must demonstrate a ``substantial direct aboriginal connection to the land.''

Simply put, tribes must show that both they, and their ancestors, have a connection to the land in question.

California voters thought they settled the question of reservation shopping in 2000 when Proposition 1A authorized the Governor to negotiate gambling compacts with tribes, provided that gaming only occurred ``on Indian lands.''

The words ``on Indian lands'' were critical. This made clear that gaming is appropriate only on a tribe's historical lands, and voters endorsed this bargain with 65 percent of the vote.

But fast-forward 12 years and this agreement is being put to the test. More than 100 new Las Vegas style casinos have opened in the State in the last 12 years.

Unfortunately things aren't slowing down; the Department of the Interior has approved three extremely controversial new casinos just last year, some nowhere near the tribe's aboriginal territory or current reservation.

When given the opportunity voters have rejected the idea of reservation shopping. Two years ago in Richmond, CA, a tribe proposed taking land into trust at Point Molate to open a 4,000-slot-machine mega-casino. Proponents touted it as a major economic engine for a depressed area.

But the voters of Richmond knew the reality was far different. The project threatened to burden state and local government services, and it threatened to irreparably change the character of the community.

So Richmond voters made it clear how they felt by overwhelmingly rejecting the advisory measure by a margin of 58 to 42. Voters also elected two new city council members who strongly opposed the casino. It was an unambiguous rejection of this reservation shopping proposal.

Fortunately the Department of the Interior rejected the misguided Point Molate proposal. But voters in Yuba County were not so lucky.

In 2005, Yuba County voters had an opportunity to weigh in on a casino in this mostly rural and suburban Northern California community. By a margin of 52-48, voters rejected the proposal. Many cited concerns about crime as a reason they opposed the project.

But after the dust settled, the Department of the Interior decided to move forward with the project anyway. Despite the fact that voters rejected it and only one of the 21 public officials in the area polled on the issue expressed support for the project.

Moreover, the Department's claim that even one local official supported the project is dubious. The so-called support is based on a Memorandum of Understanding the County entered into prior to the advisory election. The county never offered a letter of support when consulted and still has not to this day.

As a former mayor, I know the financial pressures that local governments face, especially in these tough times. The temptation to support large casinos, with the promises of hundreds of construction jobs, can be strong.

But I also know the heavy price that society pays for the siren song of gambling. This price includes addiction and crime, strained public services and increased traffic congestion.

Some Indian gaming proponents and their out of state gaming syndicate backers would have us believe that these off-reservation gaming establishments are a sign of growth and economic development.

But a 2006 report, titled Gambling in the Golden State, paints a different picture. The report compiled a comprehensive body of research on the effects of casinos on their surrounding communities. The results were staggering.

New casinos are associated with a 10 percent increase in violent crime and a 10 percent increase in bankruptcy rates.

New casinos are also associated with an increase in law enforcement expenditures of $15.34 per resident.

California spends an estimated $1 billion to deal with problem- gamblers and pathological-gamblers, 75 percent of which identify Indian casinos as their primary gambling preference.

The report confirms what many local elected officials and community activists already know: casinos come at a tremendous cost.

Some have tried to mischaracterize my legislation. They have said it limits the sovereignty of tribes or it destroys the ability to undertake economic development.

But I am here today to say that nothing could be farther from the truth.

The bill preserves the right of tribes to acquire trust land in any location, provided they secure the approval of the Governor and meet the strict two-part determination standards.

The bill puts no limits on where a tribe can acquire land for any purpose other than gaming.

Because the fact of the matter is that most casinos are appropriately placed, on historical tribal lands, and there is no need to argue about the legitimacy of these establishments.

My legislation only deals with those proposals that are truly beyond the scope of Congressional intent when the Indian Gaming Regulatory Act was passed in 1988.

I look forward to working with my colleagues on this important issue.

Mr. President, we have made great strides in improving the accountability of health insurance companies and protecting consumers from egregious practices. However, despite the progress we have made, many States still lack the ability to regulate excessive health insurance rate increases.

Health insurance premiums in the individual and small group market continue to grow beyond the rate of medical inflation. The Affordable Care Act has brought greater scrutiny to the market and we've seen some great progress. In fact, the number of requested increases in health insurance premiums beyond 10 percent comprised 75 percent of rate filings in 2010, and that has declined to 34 percent in 2012. This is a large step forward but without closing the remaining loophole not all consumers will be able to benefit from protection from unreasonable rate increases. Health insurance companies will continue to do what they have done for far too long: put their profits ahead of people. Rapidly escalating insurance costs strain businesses, families, and individuals.

Currently, 15 States still have little or no authority to block or modify unreasonable rate increases in the individual and small group markets. This means that even when the state's insurance regulators find a rate increase to be excessive, they do not have the ability to block or modify the increase. The Health Insurance Rate Review Act creates a Federal fallback for States currently lacking this authority. This will create parity across the country and give greater consistency of review and accountability for insurance companies seeking to raise rates beyond what is reasonable.

This legislation is a simple, commonsense solution: for States where the insurance commissioner does not have or use authority to block unreasonable rate increases, the Secretary of Health and Human Services can do so.

Affordability is vital to insuring access to quality health care. A 2010 survey by the Commonwealth Fund found

that 70 percent of people with a health problem found it difficult or impossible to find affordable coverage on the individual market. This problem goes beyond the increased cost of overall medical care. From the year 2000 to 2010, average premiums for family coverage increased by 117 percent, compared to medical inflation which rose close to 49 percent.

Insurance premiums make up a higher percentage of household income than ever before, increasing around three times faster than wages are. This means that more and more families have to choose between health care and daily living expenses, saving for retirement, and education. This is unacceptable, and more must be done to protect consumers.

The Affordable Care Act made important steps forward in defining the rate review process and making rate increases and reviews public information. This has improved transparency but falls short of creating a strong rate review system in all States, and relies too heavily on the notion that public disclosure of rates will cause insurance companies to change their behavior every time they should.

I believe there needs to be a Federal fallback in states that lack the legal authority, capacity, or resources to conduct strong rate review.

In some States, like California, companies are not required to go through prior approval before rate increases go into effect. This means that when the California Insurance Commissioner finds rate increases to be unreasonable and excessive, he has no authority to actually stop or modify the increases to consumers. California is facing double digit rate hikes again this year and this legislation would help prevent such excessive increases.

Earlier this year the California Insurance Commissioner found a rate increase by Anthem Blue Cross to be unreasonable and the company decided to proceed anyway. This affected around 250,000 small business policy holders who saw an increase of around 10.6 percent, and when combined with previous increases the average rate hike over two years reaches 19.5 percent.

In 2012, proposed rate increases across nine States by the John Alden Life Insurance Company and Time Insurance Company were found to be unreasonable but went forward anyway. These increases varied from a 12 percent increase in Louisiana to a 24 percent increase in Wisconsin. These increases in the individual and small group market also affected Arizona, Idaho, Missouri, Montana, Nebraska, Virginia, and Wyoming.

In some States, insurance commissioners already have this authority and are using it to protect consumers. This bill doesn't touch what they are doing.

In New York, because state regulators have the authority to modify rates, the average individual market increase for 2013 is four and a half percent instead of the initial request of a nine and a half percent increase.

In 2011, the Connecticut Insurance Department found an increase of nearly 13 percent by Anthem Blue Cross and Blue Shield to be excessive, and approved a four percent increase instead.

Also in 2011, some North Dakota consumers on the individual health insurance market were facing a nearly 30 percent increase before state regulators stepped in and decreased the proposed hikes by almost half.

I strongly believe that we need to take action to strengthen the law so all consumers get the protection of effective health insurance rate review. I appreciate working with Representative Schakowsky, who is sponsoring the House companion bill.

I urge my colleagues to join me in supporting the Health Insurance Rate Review Act to stand up for American families struggling to pay for health coverage. I look forward to working with my colleagues on this important issue.

Mr. President, back in 2003, the Government Accountability Office, the investigative arm of Congress, issued a report that revealed that suspected terrorists could stay in the country after their visas had been revoked on grounds of terrorism because of a legal loophole in the wording of revocation papers. The GAO shed light on a serious problem in our visa policies that posed a threat to our national security. The GAO found that many individuals were granted visas, but later, the FBI and intelligence community suspected ties of terrorism. The FBI didn't share the derogatory information with our consular officers in

time. Consular officers had one tool at their disposal, and that was to revoke the visas. But, many of the individuals had made it to the United States.

What the GAO found was that even though the visas were revoked, immigration officials couldn't do a thing about it because the revocation didn't go into effect until after the alien departed. They were handicapped from locating the visa holders and deporting them. Today, our immigration agents may not be able to locate the individual even if they could deport them.

The GAO report opened our eyes and showed us how revocations were not being used effectively, and how terrorists could exploit a loophole to stay in the country. Since the GAO report was issued, I have attempted to plug this hole in the system. Today I am reintroducing a bill to give the Department of Homeland Security a critical tool that allows the Secretary to issue revocations and remove aliens from the United States without the hurdles they currently face.

Let me elaborate. Under current law, visas approved or denied by consular officers abroad are non-reviewable. We give our consular officers great latitude to protect the country and make a determination if an applicant is eligible for admission into the United States. This is known as consular non-reviewability. In 1950, the U.S. Supreme Court, in Knauff v. Shaughnessy, 338 U.S. 537, determined that ``it is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the Government to exclude a given alien.''

Justice Minton, in his decision, stated, ``At the outset we wish to point out that an alien who seeks admission to this country may not do so under any claim of right. Admission of aliens to the United States is a privilege granted by the sovereign United States Government. Such privilege is granted to an alien only upon such terms as the United States shall prescribe. It must be exercised in accordance with the procedure which the United States provides.''

The doctrine of non-reviewability is a long-standing one that allows the Department of State to keep foreign nationals from entering the United States. But, the doctrine should be applied in instances when a person is granted a visa, enters in the country, and the Government subsequently revokes that visa.

There are some national security implications at stake. The ability to deport an alien on U.S. soil with a revoked visa is nearly impossible today if the alien is given the opportunity to appeal the revocation. So, in effect, the State Department doesn't use their authority to revoke. In fact, I am told they aren't doing it at all when the alien, even a potential terrorist, is in the country. They need a change so that foreign nationals are not able to freely roam our communities when they shouldn't be here in the first place.

Secretary Chertoff, former Secretary of the Department of Homeland Security agreed that the policy needed to be changed. When Secretary, he said,

The fact is that we can prevent someone who's coming in as

a guest. We can say, ``You can't come in overseas,'' but once

they come in, if they abuse their terms and conditions of

their coming in, we have to go through a cumbersome process.

That strikes me as not particularly sensible. People who are

admitted as guests like guests in my house--if the guest

misbehaves, I just tell them to leave; they don't get to go

to court over it.

What's more, allowing judicial review of revoked visas, especially on terrorism grounds, could jeopardize the classified intelligence that led to the revocation. It can force agencies such as the FBI and CIA to be hesitant to share information. Why would our intelligence community share information with the State Department if they knew State wouldn't revoke a visa when the alien is in the U.S.? Current law could be reversing our progress on information sharing. Intelligence officials need to share information with immigration and consular officers to prevent terrorists from entering the United States and to impede their mobility.

My bill would give the U.S. Government the ability to expedite the deportation of suspected terrorists by applying the same ``non- reviewability'' standard for revocation decisions. It would treat revocations similar to visa denials. My bill gives the Federal Government the ability to deport an alien who has already entered the United States but shouldn't have ever been granted a visa.

Terrorists took advantage of our system before 9/11. We can't let that happen again. We should not allow potential terrorists and others who act counter to our laws to remain on U.S. soil and run to the courts and seek relief from deportation. We need to ensure that the government has all the tools at its disposal to keep the homeland safe.

I urge my colleagues to support my bill.

Mr. President, today I am reintroducing the Small Business Efficiency Act with my colleagues Senators Nelson, Portman, and Pryor. Many small businesses rely on Professional Employer Organization, PEOs, and to handle many of their human resources responsibilities. The Small Business Efficiency Act will provide an important layer of certainty and protection for small business owners and their workers by eliminating any ambiguity about a certified PEOs ability to assume employment tax responsibility. It further implements safeguards for the certified PEOs small business clients. This will give small businesses peace of mind that their human resources and employment tax responsibilities are taken care of so they can focus on their core business and create more jobs.

I urge my colleagues to support this common sense legislation.

Mr. President, today I am proud to reintroduce legislation to support greater public involvement in the administration of one of Maryland's most treasured National Historical Parks. The Chesapeake and Ohio Canal National Historical Park Advisory Commission Act ensures that the communities located along the 184\1/2\ mile-long C&O Canal National Historical Park have a voice with the National Park Service regarding decisions affecting the administration of the Park. The Commission keeps the people and small businesses most affected by the operation of the C&O Canal National Historical Park informed and involved in the decisions surrounding the Park. Citizen involvement in the governmental process is a hallmark of our democracy and the C&O Canal National Historical Park Advisory Commission Act exemplifies the goal of ensuring the public's role in government decision making.

The importance of the Commission is intrinsically tied to the uniqueness of the C&O Canal National Historical Park. The Park covers an area of 20,000 acres winding North and West along the Potomac River from the heart of Georgetown's old industrial district in Washington D.C. to Cumberland, MD nestled in the valleys and mountains of Western Maryland. The Park's watered canal, contiguous towpath, popular among cyclists, backpackers, day hikers and runners, hundreds of historic structures and towns like Hancock, Hagerstown, Brunswick, Harpers Ferry, Williamsport and Sharpsburg that grew during the Canal's heyday, all tell the story of how the C&O Canal once served as a crucial East/ West commercial link. The Park also preserves pristine views of the Potomac River, evocative of the C&O Canal's working days. At its widest points, the C&O Canal National Historical Park spans less than two- tenths of a mile across and in many areas directly abuts neighboring commercial and residential properties bordering the Park.

During the commercial operation of the C&O Canal, these towns were local commercial centers where area farmers and tradesman utilized the canal boats to deliver their goods to market. Today, the hospitality and tourism industries of these communities thrive upon the C&O Canal National Historical Park's popularity and are integral to enhancing the park user experience. Whether it is a hotel or Bed and Breakfast to spend the night in, a restaurant or diner to grab a meal, stores to shop in and perhaps stock up on camping provisions, boathouses to rent a canoe for the afternoon, bike shops to service a flat tire or make repairs to your bike or any of the myriad of goods and services park visitors may need, the communities along the C&O Canal are as important to the Park user experience as the Park's users are to maintaining their businesses.

In 2009, more than 3.75 million people visited the C&O Canal National Historical Park. To put it in perspective, in 2009, more people visited this historic treasure than the number of people who visited Yellowstone, Yosemite, the Everglades or Shenandoah National Park. Much of the C&O Canal National Historical Park's success is attributable to the positive relationship that has developed over time between the National Park Service and the local community leaders that span the length of the Park. The Park's Commission has greatly facilitated this relationship.

The Commission provides the vital link between the affected communities that the Park runs through and the National Park Service. The Commission ensures that the public is engaged in the numerous processes surrounding operational policy and infrastructure maintenance and restoration projects on the C&O Canal National Historic Park. The Commission plays a vital consultation and planning role for park activities and operations. The cooperation that has developed between the Commission and the National Park Service helps tie the Park to its communities. The Commission serves a purely advisory function and does not have the authority to make binding park policy.

The Commission was first established as part of the 1971 Chesapeake and Ohio Canal Development Act sponsored by Rep. Gilbert Gude, R-MD. Every ten years, a bill like mine comes before Congress, when the 10- year extension of the Commission's authorization expires. Three times over a 40-year period extension bills have passed by unanimous consent and without controversy. My bill is another 10-year extension of the Advisory Commission's authorization and makes no changes to the Commission's authority. Legislative precedent has never set an authorization amount for the Commission, but the Commission has always functioned at a nominal cost.

The General Services Administration's Federal Advisory Commissions Act database determined that the C&O Canal Advisory Commission's expenses totaled $33,199 for fiscal year 2010. All expenses came out of the National Park Service's general operating budget. Expenses covered the cost of travel for commission members, $295, Federal staff time, $28,074, and miscellaneous expenses, $4,830, like meeting space, printing, supplies and website maintenance.

The National Park System is a showcase of America's natural and historical treasures. So much of the National Park System's success is rooted in the citizen stewardship projects and the involvement of caring citizens and community leaders. Like so many of our National Parks the C&O Canal National Historical Park has an extensive backlog of maintenance and repair projects. The Commission plays a critical role in helping keep these projects moving forward and assisting the National Park Service with their completion because there is recognition of the shared responsibility between the Park Service and the Commission about the importance of continuing to make the Park a desirable tourism and outdoor recreation destination. The Commission provides that bridge between the government and public. I urge my colleagues to support this bill.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce the Lead Exposure Reduction Amendments Act of 2013.

In April 2010, an EPA rule governing work done in homes constructed before 1978 took effect. The aim of this rule is to protect at-risk populations, defined as pregnant women and children under the age of six, from harmful lead paint dust particles that may be generated during home construction, rehabilitation, and remodeling work. While lead paint was generally discontinued from in-home use in the 1960s and 1970s, the rule applies to all homes built before 1978 and requires all contractors to be certified by the EPA and be supervised by an EPA certified renovator while following rigorous and costly safe lead work practices.

Some of these requirements include sealing off the area where the renovation is occurring; removing all objects from the work area; covering any porous work areas with smooth, cleanable areas; using special tools that have emission exhaust controls; vacuuming all items, including people's clothes, who leave the work space; and generally cleaning the work area to ensure there is no dust following completion of the job.

I believe everyone in this chamber stands strongly behind the intent of the rule, which is to protect children

and pregnant women from the harmful effects of lead. With 20 kids and grandkids, I appreciate the importance of the rule, and the potential it has to further decrease lead exposure. But this rule does add significant cost to the completion of renovation jobs and adds significant regulatory hurdles to many small business owners in situations where it may not at all be necessary.

Fortunately, the original rule included an opt-out provision for homeowners who did not have any at-risk individuals living in their homes. Provided the contractor made them aware of the potential lead- paint risks, the homeowner could give the contractor permission to carry out the job without following the EPA's lead safe work practices. This makes sense because the health issues caused by renovation work in homes with lead paint are minor for adults and older children who are not members of the at-risk population.

But in July 2010, just three months after the rule took effect, the EPA removed this opt-out provision. By doing this, EPA more than doubled the number of homes requiring safe work practices and increased the economy-wide cost of compliance by well more than $336 million by EPA's own estimate, which is significantly less than reality.

Further, EPA has failed to meet the requirements of its own rule because there are no commercially available lead paint test kits. Test kits would allow contractors to see whether work spaces include any lead paint, and if none is detected then the contractor would not have to follow lead safe work practices, which makes sense. Unfortunately, the test kits that are currently available produce 60-percent false positives, requiring many homeowners to pay significantly more for home remodeling work, even though there may not be any lead to protect them from.

The bill I'm introducing today is simple. It would first require the EPA to restore the opt-out provision. If homeowners have no residents who are at-risk to lead paint contamination, then they should be able to waive the regulatory requirement.

The bill will also suspend the rule for homes built after 1960 if the EPA does not develop workable test kits, unless those homes include members of the at-risk population. The bill would also provide a de minimis exemption for first-time paperwork violations against contractors. The EPA has focused its enforcement efforts on these violations despite the fact that the contractors may be appropriately following safe lead practices.

Finally, the bill prohibits EPA from expanding this regulation to commercial and public buildings until it has completed a study to determine the risk of such practices. EPA is in the process of writing these regulations even though it has not yet completed the corresponding study. If there is no risk, why would EPA issue regulations? They would be a solution in search of a problem. EPA needs to do its due diligence and determine whether there would be any meaningful health benefits from extending this rule to other areas.

In closing, I want to reiterate my dedication to the cause of protecting the health of vulnerable populations, and particularly pregnant women and children. But it is important for EPA's regulations to be pursued in a way that make sense, and that is what my bill intends to do. This is an ongoing goal of mine as a senior member of the Environment and Public Works Committee.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce the Lead Exposure Reduction Amendments Act of 2013.

In April 2010, an EPA rule governing work done in homes constructed before 1978 took effect. The aim of this rule is to protect at-risk populations, defined as pregnant women and children under the age of six, from harmful lead paint dust particles that may be generated during home construction, rehabilitation, and remodeling work. While lead paint was generally discontinued from in-home use in the 1960s and 1970s, the rule applies to all homes built before 1978 and requires all contractors to be certified by the EPA and be supervised by an EPA certified renovator while following rigorous and costly safe lead work practices.

Some of these requirements include sealing off the area where the renovation is occurring; removing all objects from the work area; covering any porous work areas with smooth, cleanable areas; using special tools that have emission exhaust controls; vacuuming all items, including people's clothes, who leave the work space; and generally cleaning the work area to ensure there is no dust following completion of the job.

I believe everyone in this chamber stands strongly behind the intent of the rule, which is to protect children

and pregnant women from the harmful effects of lead. With 20 kids and grandkids, I appreciate the importance of the rule, and the potential it has to further decrease lead exposure. But this rule does add significant cost to the completion of renovation jobs and adds significant regulatory hurdles to many small business owners in situations where it may not at all be necessary.

Fortunately, the original rule included an opt-out provision for homeowners who did not have any at-risk individuals living in their homes. Provided the contractor made them aware of the potential lead- paint risks, the homeowner could give the contractor permission to carry out the job without following the EPA's lead safe work practices. This makes sense because the health issues caused by renovation work in homes with lead paint are minor for adults and older children who are not members of the at-risk population.

But in July 2010, just three months after the rule took effect, the EPA removed this opt-out provision. By doing this, EPA more than doubled the number of homes requiring safe work practices and increased the economy-wide cost of compliance by well more than $336 million by EPA's own estimate, which is significantly less than reality.

Further, EPA has failed to meet the requirements of its own rule because there are no commercially available lead paint test kits. Test kits would allow contractors to see whether work spaces include any lead paint, and if none is detected then the contractor would not have to follow lead safe work practices, which makes sense. Unfortunately, the test kits that are currently available produce 60-percent false positives, requiring many homeowners to pay significantly more for home remodeling work, even though there may not be any lead to protect them from.

The bill I'm introducing today is simple. It would first require the EPA to restore the opt-out provision. If homeowners have no residents who are at-risk to lead paint contamination, then they should be able to waive the regulatory requirement.

The bill will also suspend the rule for homes built after 1960 if the EPA does not develop workable test kits, unless those homes include members of the at-risk population. The bill would also provide a de minimis exemption for first-time paperwork violations against contractors. The EPA has focused its enforcement efforts on these violations despite the fact that the contractors may be appropriately following safe lead practices.

Finally, the bill prohibits EPA from expanding this regulation to commercial and public buildings until it has completed a study to determine the risk of such practices. EPA is in the process of writing these regulations even though it has not yet completed the corresponding study. If there is no risk, why would EPA issue regulations? They would be a solution in search of a problem. EPA needs to do its due diligence and determine whether there would be any meaningful health benefits from extending this rule to other areas.

In closing, I want to reiterate my dedication to the cause of protecting the health of vulnerable populations, and particularly pregnant women and children. But it is important for EPA's regulations to be pursued in a way that make sense, and that is what my bill intends to do. This is an ongoing goal of mine as a senior member of the Environment and Public Works Committee.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.