Senator Conrad Burns’ Montana eNewsLetter Friday, April 29, 2005 version 4, edition 82

Legislation to Protect Rail Customers

On Wednesday I introduced a bill with two of my Senate colleagues to combat monopolistic practices faced by agriculture producers and manufacturers who ship their product via rail. Since the railroad industry was partially deregulated in 1980, the industry has consolidated from over 40 major railroads to seven, four of which handle 90% of the nation’s rail traffic. I introduced the Railroad Competition Act of 2005 to help limit the impact of railroad monopolies on captive shippers—rail customers who don’t have access to rail competition. In Montana, Burlington Northern Santa-Fe (BNSF) is essentially the only railroad serving rail shippers. Our rail customers pay a premium rate to move their product and with that, subsidize the lower rates in areas where there is competition. BNSF is the only game in town, and legislation would give our producers what they deserve—a level playing field in order to compete on the global commodities market.

Protecting Amtrak

I spoke at a Senate Surface Transportation and Merchant Marine Subcommittee hearing this week regarding the future of Amtrak. Every year we find ourselves battling the issue of funding, and every year I am on the front lines fighting for Amtrak because I understand how important it is. In Montana we have a lot of ground to cover—from the NW corner to the SE corner is a further distance than from Chicago to Washington, DC—and Amtrak is a critical portion of our transportation system. Right now there are several proposals out there, and this week’s hearing was our first opportunity to look at these options and ask questions of the folks in the heart of it all. We need to determine the best way to tackle reauthorization, and I have been working closely with Chairman Lott to do just that, and I plan to continue my efforts to sustain this "lifeline of the Hi-Line."

Helping Parents Control Family TV Viewing

Cable operators will now air public service announcements in Montana, provide material about parental controls at retailers in the state, and improve customer notification about the availability of these tools in billing statements and during visits by cable service technicians to the home. I applaud this week’s announcement by the cable industry to voluntarily provide parents with the necessary tools to make informed decisions about what their children watch on television. I’ve worked closely with the industry to ensure that cable operators continue to educate parents so they are made aware of the options and technology currently available to block programming that may be unsuitable for younger viewers. It’s a tough job being a parent today. Moms and dads need to know they have the tools to protect their children from unwanted programming, and I believe this commitment by the cable industry is good for all Montanans.

Bankruptcy Abuse Prevention and Consumer Protection Act

The United States Senate recently passed with my support the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” to reform our current bankruptcy system. I would like to take this opportunity to share with you some changes this legislation makes. It was apparent that our current bankruptcy system was in desperate need of modernization. The bankruptcy system had not been substantially improved since the 1970s. In this legislation, Congress has strengthened the requirements for Chapter 7 and Chapter 13 bankruptcy filers. In short, Chapter 7 filers are people who can not pay back their debts and Chapter 13 filers are able to enter a repayment plan and pay back a portion of their debt. The bankruptcy bill includes a “means test,” to determine whether or not individuals can pay back their debts and if they qualify for Chapter 7 or Chapter 13. The means test will require the bankruptcy court to determine whether the filing should be dismissed for abuse of the system or referred to a repayment plan. This means test does not apply to some individuals who face dire financial hardship. These reforms and others help ensure that those who truly need relief are given the opportunity to work with the court in a good faith effort. Bankruptcy should not be viewed as a financial planning tool – rather, a last resort for those who truly need it.

"Cell-ing" You a Line

You may have received an e-mail telling you that your cell phone is about to be assaulted by telemarketing calls as a result of a new cell phone number database. That’s not the case. The federal government doesn’t maintain a national cell phone registry. Personal cell phone users have always been able to add their numbers to the National Do Not Call Registry. The FTC and Federal Communications Commission have issued a consumer advisory so you can get all the facts. It’s available by pointing your webbrowser to: http://www.ftc.gov/opa/2005/04/dnc.htm.

Community Outreach Hold Hours in Conrad

My Great Falls Field Representative, Sarah Converse, will be holding community outreach hours in Conrad on Tuesday, May 3. Sarah will be available from 4:00 pm to 5:00 pm at the Jury Room of the Pondera County Courthouse, 20 4th Ave. SW to meet with anyone who has a problem with a federal agency or questions or concerns regarding issues before Congress. With all the distances we have to travel in our state, I like to have my staff visit communities to save folks the trip to our Great Falls field office. Please take a moment to stop by and visit with Sarah if you have comments or questions, and feel we might be able to assist you. Sarah will let me know what’s on your mind and we’ll do what we can to help out. If you have any questions, please feel free to call Sarah Converse at (406) 452-9585 or (800) 344-1513.

Emergency Conservation Program Funds

I’m pleased to tell you that six of our counties will receive Emergency Conservation Program (ECP) funds for drought through the USDA Farm Service Agency. Carter, Custer, Fallon, Garfield, Golden Valley, and Powder River will receive funding through ECP to assist producers with cost-share assistance to provide emergency water in pastures where the previously adequate water source has failed. Many of our producers are suffering from lack of vegetation and diminishing livestock watering sources due to drought and these funds are an important boost for those folks. It’s been a dry number of years for us in Montana, and although we have had some moisture in the past few weeks, that certainly can’t change the tide of what has been such a long-term problem. This will be a real help for these counties, and I am glad to see them get this great news today. The following is a list of the funding each county will receive: Carter County, $105,000; Custer County, $105,000; Fallon County, $75,000; Garfield County, $105,000; Golden Valley County, $60,000; Powder River County, $195,000. Further information regarding the Emergency Conservation Program may be obtained at your local county Farm Service Agency office.

OPI Talent Pool

State Superintendent Linda McCulloch is again seeking recommendations of outstanding educators for the OPI Talent Pool. The Talent Pool is a list of K-12 Montana educators who have been recommended to the Office of Public Instruction to be outstanding teachers, and have demonstrated exceptional instructional ability, an inspiring presence, and exhibit professional leadership. Nominations must be confidential and the person being nominated must not know they are being considered. This year the Talent Pool focuses on recommendations for Middle and High School educators. Recommendations should be made using the 2005 Talent Pool Nomination Form, available by going to: http://www.opi.mt.gov/superintendent/talentpool.html. The deadline for recommendations is May 20, 2005. For more information, contact Jan Lombardi at 406-444-1641 or [email protected], or Sue Tinsley at (406) 444-5643 or [email protected].

National Health Centers Week

I have always said that health centers are America’s healthcare safety net. Health centers play a critical role in Montana by providing health services for the medically underserved population in many areas of Montana. Multiple studies show that health centers provide high quality, cost-effective primary care at competitive prices. By providing access to basic health services, health centers save billions of dollars annually in reduced use of costly emergency room, specialty, and hospital inpatient visits. In support of Montana’s community-based providers, I am co-sponsoring a resolution designating the week of August 8-14 as “National Health Centers Week.” This measure is intended to increase public awareness of the vital health care services provided by community, migrant, and homeless health centers. The resolution expresses the sense of Congress that these health centers contribute to the health and well-being of their communities by keeping children healthy and in school and helping adults remain productive and on the job. As your Senator, I will continue to support vital health care initiatives such as this one that provide quality services to those most in need. Please do not hesitate to contact my office with any questions or concerns that you may have.

Come Home Montana

I’d like to point out the Come Home Montana Project, a great resource for anyone considering moving to Montana or anyone who wants more information about our state. The Come Home Montana Project believes in the importance of retaining, regaining and attracting talented, creative individuals to Montana. To aid in your quest home, the Come Home Montana Project has created a website where you can find community specific information that will assist you in making sound decisions in determining which community provides the best fit for your vision of the future. It’s a fantastic resource, and gives people the ability to raise their families in the kind of environment that only Montana can offer. I encourage each and every one of you to give it a look. To access the Come Home Montana website, point your web browser to: http://www.comehomemontana.org.

Military Service Academy Nominations

Each year I look forward to another round of nominations for bright, young Montana students wanting to attend our U.S. Service Academies. As a former Marine, and now as your United States Senator, I enjoy the opportunity to assist those future American leaders who want to attend a U.S. Service Academy. If you are, or know of, a young man or woman interested in a top-of-the-line education and a commission to the United States Armed Forces, please contact my Academy Advisor, Lisa Wheeler, at (406) 723-3277 or (800) 344-1513. The deadline is November 1st for the following years entering class. For more information, visit my website by going to: http://www.senate.gov/~burns/index.cfm?.FuseAction=Academies.Home.

National Academy of Sciences Report Regarding the Health Effects of Nuclear Bomb Tests

This week, the National Academy of Sciences released a report regarding the health effects of nuclear bomb tests that were carried out at the Nevada Test Site in the 1950s and 1960s. In Montana, individuals from roughly 15 counties have been impacted by the radiation from these tests which were caused by radioactive Iodine being blasted into the atmosphere and carried north to Montana where it settled on the ground and the food and water supply. According to the study, Montanans at the time were exposed to the highest dosages of radiation of any state in the country as a result of this nuclear testing—even higher than folks in Nevada. And right now, Montanans are not eligible for compensation under the Radiation Exposure Compensation Act (RECA). Our folks have been hit the hardest from this and their pain and suffering has been completely ignored. The Radiation Exposure Compensation Act was passed in 1990, which established the Radiation Exposure Compensation Trust Fund for claims for injuries and death due to exposure from the Nevada testing. Currently, it only offers compensation to people who were living in Utah, Nevada, Arizona, Colorado, and New Mexico at the time of the testing; it does not include victims who were living in Montana. However, prior studies have noted that the following 15 counties have been affected by this radiation, and have seen increased cases of thyroid cancer due to the testing in Nevada: Meagher, Broadwater, Beaverhead, Jefferson, Powell, Judith Basin, Madison, Fergus, Gallatin, Petroleum, Lewis and Clark, Blaine, Silver Bow, Chouteau, and Deer Lodge. It is clear that Montana has been wrongfully neglected and these victims deserve both an apology and compensation from the U.S. government—it is proven that these nuclear bomb tests are still causing havoc in our communities today, and it’s about time we do something about it. I will be working with my colleagues to help compensate folks in Montana who have been affected by this tragedy.

Asbestos Legislation is Anything but Fair for Libby Claimants

The Senate Judiciary Committee met this week to discuss the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, legislation to create a $140 billion Asbestos Trust Fund for those suffering from asbestos-related diseases. I was disappointed to learn that the provisions as they relate to Libby were insufficient as included in S. 852, and were different from earlier drafts of the bill which had offered substantive relief for Libby claimants. I wrote a letter to Senate Judiciary Committee Chairman Arlen Specter (R-PA) to voice my concerns. I worked closely with Chairman Specter throughout the drafting process, including provisions recognizing Libby’s tremolite asbestos problems as well as creating an opportunity for Libby residents to set up a health care fund that would not diminish the amount of their recovery under the Trust Fund. Under the bill, any healthcare funds are not considered as “collateral source compensation,” and do not play a factor in the amount someone may receive under the Fund. Bottom line, I won’t support a bill that doesn’t include coverage for Libby claimants. This bill has a lot of moving parts to it, which were adequate in earlier drafts but as introduced recently and considered in the Judiciary Committee, they were very different. I have also worked closely with Libby residents as well as their legal representatives, who estimate that under the current provision, 80% of Libby residents will be excluded from the Trust Fund. This is just not going to do Libby claimants justice, and I will continue working to make sure we include provisions that get those folks what they need. To view the letter I sent to Chairman Specter, visit my website at: http://www.burns.senate.gov.