Senator Conrad Burns’ Montana eNewsLetter Friday, October 7, 2005 version 5, edition 6

Miers Nomination

This morning I met with Supreme Court Nominee Harriet Miers in advance of her confirmation hearings in the Senate Judiciary Committee. We had an extremely positive meeting. Ms. Miers has a great sense of humor and a great understanding of the importance of the legal arena in our nation. I was happy to have the opportunity to sit down with her today and discuss many of the issues important to my state of Montana, and I believe she has a great understanding of western values which is a good think in my book. I am confident we will learn a great deal more about Ms. Miers in the coming weeks as the Judiciary Committee holds confirmation hearings, and I look forward to this next step in the confirmation process.

Future of Our Energy Infrastructure

At an Energy and Natural Resources Committee hearing this week, I discussed the impact of the recent hurricanes on our nation’s energy infrastructure. Hurricanes Rita and Katrina have been devastating to our energy industries. Oil and gas production, refining, pipelines, and electricity distribution have all been affected. While parts of the country were spared from the direct effects of the storm, everyone is feeling the aftershocks in high fuel and natural gas prices. It’s already snowing in Montana, and natural gas is trading at over $14 – a 121% increase from a year ago. It is our job now to move forward and make the right policy decisions with respect to this country’s energy future. We need to look offshore in places other than the Gulf, and we need to use our resources onshore more effectively. On October 25th I am chairing a hearing on the impediments to accessing oil and gas on federal lands, where there are billions of cubic feet of natural gas that we are not able to access, despite the fact that they could be used to dramatically increase our supply.

U.S. Softwood Lumber Interests

This week, I reacted to the fact that the binational panel created under the North American Free Trade Agreement (NAFTA) dealt a damaging blow to U.S. lumber interests. This extra-governmental entity again ruled against U.S. interests when it failed to uphold the decision of the U.S. that Canadian lumber is subsidized and therefore given an unfair advantage in U.S. markets. This is just another chapter in the long and unsuccessful rulings against our timber industry in their ongoing struggle with Canadian imports. This decision undermines U.S. authority, and challenges the findings made by the U.S. Department of Commerce. The ruling tells the Department of Commerce it must now adopt a specified value of log seller profit, and refused to support the conclusion reached by the Department of Commerce that the Canadian lumber industry is heavily subsidized. I’m not happy with this decision, but I can’t say I’m surprised. Anytime the U.S. delegates away its authority, especially to a body created under NAFTA whose decisions are not reviewable by U.S. courts, their power goes unchecked by U.S. law. It’s time that the Department of Commerce takes this issue head on, and United States Trade Representative should take notice of this faulty dispute resolution process to avoid any future mistakes.

Economic Measures against Japan

Yesterday, I signed onto a letter to U.S. Trade Representative Rob Portman, calling for retaliatory economic action against Japan due to the continued impasse over resumption of U.S. beef exports. Japan closed its borders to U.S. beef exports in 2003, following the discovery of bovine spongiform encephalopathy (BSE) in a Canadian-born cow in Washington State. Japan was the largest export market for U.S. beef prior to the embargo, at over $1.7 billion annually. The U.S. cattle industry estimates that it loses $60 million per week due to the border closure. On October 4, Japan’s Food Safety Commission concluded that risk of bovine spongiform encephalopathy (BSE) from U.S. beef and beef products under 20 months of age is “very low.” However, Japan gave no indication of when exports might resume. I’ve said before that I’m not a fan of sanctions, but enough is enough. The Japanese government must be made to understand that the American beef industry and government cannot continue to stand idly by while Montana producers are struggling to make ends meet. We produce the best beef in the world, and it’s time that Japan gets serious about ending this embargo. I welcome this week’s announcement out of Japan, but am concerned that these unnecessary delay tactics will continue. This embargo is costing us American jobs, and denying Montana cattle producers access to a valuable export market. If Japan doesn’t demonstrate actual commitment to resuming trade, then we will be left with no choice but to pursue economic sanctions. It is unfortunate that we are in this position.

LIHEAP Funding for the Northern Cheyenne Tribal Council, Rocky Boy

I’m pleased to announce that both the Northern Cheyenne Tribal Council and Rocky Boy’s Reservation will be the recipients of $150,000 each from the Department of Health and Human Services for Montana’s Low Income Energy Assistance Program (LIHEAP.) Energy assistance is important to all that receive it, but more so for the elderly, disabled or children. These people are especially at risk for life threatening illness or death if their home is too cold in the winter. LIHEAP is a federally-funded program to help eligible low income households meet their home heating needs and operates in the 50 States, the District of Columbia, Indian tribes or tribal organizations, and the U.S. territories. Old Man Winter’s made an early arrival and many in Montana are going to need a real boost. I am committed to making sure LIHEAP funds are at a level that keeps folks from choosing between such basic necessities as turning on the heat and buying groceries. With this announcement, many families in Lame Deer and Rocky Boy won’t be forced to make that awful decision, and I applaud my Senate colleagues for making this increased funding a reality. We’re in the midst of a real energy crisis these days, and I’m pleased that we can take just a bit of pressure off the people of my state.

Spyware

This week I took part in a Senate Commerce Committee hearing on the growing problem of Spyware. Spyware refers to software which secretly collects information about computer users and shares it with others over the Internet without the users’ knowledge or consent. This sneaky software is often used to track the movements of consumers online or even to steal passwords. Spyware, as we all know, is an increasingly dangerous threat to our everyday activities in cyberspace. As was the case with Spam several years ago, I believe the solution lies in the right mix of technical solutions and tougher legislation. Both will be necessary to make a meaningful dent in the quantity and the types of malicious code that gets downloaded into the private computers of businesses and citizens – without their consent. When it comes to installing software on private computers, we have to make sure we don’t allow some of the more unscrupulous players out there to spoil the field for all the good actors that are just trying to make cyberspace more efficient. As the author of the SPYBLOCK bill, I look forward to helping end this blight on our e-commerce industry.

Servicemembers Can Receive Reimbursement for Protective Gear

In the early days of the war on terror, there was a shortage of interceptor armor. The services issue body armor to those most in need of it. However, some servicemembers – both active and reserve component – bought their own protection. Legislation passed by Congress last year authorized the services to reimburse servicemembers for the expenditures. The legislation applies to a specified set of personal protection equipment and can be claimed "by either the member or by another person on behalf of the member for the member’s personal use in anticipation of, or during, the member’s deployment for operations Noble Eagle, Enduring Freedom or Iraqi Freedom." I’m pleased to tell you that some servicemembers who bought their own protective gear will get reimbursed for the purchase under a new policy approved Oct. 4. The order covers the period between Sept. 10, 2001, and Aug. 1, 2004. Pentagon officials said "relatively few" servicemembers are affected by the order. Reimbursement is limited to the actual purchase price – plus shipping – of the equipment; receipts are not needed. Under the legislation, those claiming reimbursement must turn in their privately purchased gear. The services will destroy the equipment, as it may not meet government standards. Under the policy, reimbursement cannot exceed $1,100 for any one piece of equipment.

Federal Payment Levy Program

National Taxpayer Advocate Nina E. Olson recently unveiled the first in a series of consumer brochures to alert taxpayers to tax law and policy changes that may affect them. This first brochure, "What You Need to Know About the Federal Payment Levy Program," deals with the IRS program that allows the government to levy on federal payments, including Social Security benefits, made to taxpayers who owe taxes. The brochure is available on the Taxpayer Advocate Service website at: http://www.irs.gov/advocate under "consumer tax alerts.”

October is National Cyber Security Month

In light of October being National Cyber Security month, I wanted to share with you a new source of information that you can use to secure your computers from hackers and viruses, guard yourself against Internet fraud, and protect your personal information. A new website, http://www.OnGuardOnline.gov, is the result of a collaborative effort by cyber security experts, online marketers, consumer advocates, and federal officials will help you address such topics as:

· How to recognize scams on the Internet;

· How to shop securely online;

· How to avoid hackers and viruses;

· And how to deal with spam, spyware, phishing, and peer-to-peer file-sharing.

In today’s internet driven world, there’s no such thing as being too careful, so I hope you’ll familiarize yourself with these resources and put their common-sense practices to use.

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.

Assistance with Federal Agencies

Every day, I am able to help Montanans who are having problems with Federal agencies such as the Department of Veterans Affairs, Social Security Administration, Internal Revenue Service, Immigration and Naturalization Service, Department of Defense, and the Forest Service. It is one of my primary responsiblities to ensure Montanans are treated fairly by the Federal government and my constituent’s concerns and problems are presented to the agency and those agencies work to rectify the problem in a timely manner. If you or someone you know could use help with a Federal Government agency, please feel free to contact any of my eight state offices for assistance or call me at 800-344-1513. You can also visit my website at: http://burns.senate.gov/index.cfm?FuseAction=Services.Casework.