Author: @SoDakCampaigns

Thune Holds Commerce Committee Hearing on Freight Rail Challenges

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Thune Holds Commerce Committee Hearing on Freight Rail Challenges

“As 2013 and 2014’s freight rail delays and service challenges highlighted, rail service is absolutely critical to our nation’s economy…Thankfully, this winter’s relatively mild weather and better service have provided some improvements, but there’s still work to be done.”

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, today held his second hearing as chairman entitled, “Freight Rail Transportation: Enhancing Safety, Efficiency, and Commerce.” The hearing focused on challenges facing our nation’s freight rail network created by higher demand, pending and proposed rules and regulations, and infrastructure needs. Today’s hearing continued Thune’s work to improve freight rail service for ag producers and shippers and prevent future rail service disruptions from occurring.

Thune also invited Dave Brown, Chief Operating Officer of Genesee and Wyoming, parent company to South Dakota’s Rapid City, Pierre, and Eastern line (RCP&E), to testify before the hearing. Dave spoke about the opportunities and challenges that RCP&E and other shortline railroads face. Video of Mr. Brown’s statement is available here.

Last Congress, the Commerce Committee held various rail related hearings, including a hearing on the rail service challenges facing shippers across the country, which included agriculture producers in South Dakota who struggled with access to reliable freight rail service during a record harvest. In addition, on September 17, 2014, the Commerce Committee passed the bipartisan Surface Transportation Board (STB) reform bill that Senator Thune and former Commerce Committee Chairman Jay Rockefeller (D-W.V.) introduced to institute common-sense reforms regarding how the STB works and to address rate disputes and service complaints. For a complete outline of Thune’s work to address last year’s rail service backlog, visit his website.

Video of Thune’s opening statement is here and text is below:

“As 2013 and 2014’s freight rail delays and service challenges highlighted, rail service is absolutely critical to our nation’s economy. South Dakota farmers scrambled to find rail cars and watched as rail turn times worsened, delaying shipments and creating grain storage challenges for the record breaking wheat, corn, and soybean crops.

“However, those delays were not just limited to the north central United States, they also extended across the country and impacted every shipping sector and industry.

“Thankfully, this winter’s relatively mild weather and better service have provided some improvements, but there’s still work to be done.

“I am pleased that Genesee and Wyoming, the parent company of South Dakota’s Rapid City, Pierre, and Eastern Railroad (RCP&E) has joined us for today’s hearing. I look forward to hearing from Dave Brown, the Chief Operating Officer of Genesee and Wyoming, which is the largest Class II railroad in the country with over 100 shortline and regional railroads, about the opportunities and challenges the RCP&E and other shortline railroads face.

“From automobiles, to coal, to ethanol, to agriculture, rail service moves goods from farm and factory to consumer marketplaces across the country and across the globe. The U.S. Department of Transportation (DOT) notes that freight rail moves roughly 40 tons per person each year. As a nation, we rely on cost efficient, timely service to move food, consumer products, and energy resources on a daily basis.

“The private infrastructure that makes up our nation’s freight rail system is costly, as old tracks and equipment require ongoing maintenance and investment. Our nation’s railroads continue to invest in new track, sidings, locomotives, and car resources with the goal of serving their customers. Class I railroads and shortlines alike face increasing demands for prompt, reliable, and safe service.

“In 2014 freight traffic increased nearly five percent over 2013 levels, and we should seek solutions that foster an even stronger freight rail network to meet this increasing demand.

“The Federal Railroad Administration (FRA) has proposed or finalized over 15 new freight rail safety rules since the passage of the Rail Safety Improvement Act of 2008, and many of these regulations will take effect in 2015.

“Not only is the Positive Train Control (PTC) mandate looming, with its December 31st deadline, but the DOT has announced that it expects a crude-by-rail regulation to be published around May of this year.

“Although the PTC deadline is quickly approaching, it remains unattainable. Through the end of 2014, railroads have invested over $5 billion in PTC, and they expect to spend billions more in the coming years.

“They have begun installation of the radio towers, locomotive technology, and other PTC infrastructure, but full compliance with the statutory requirements cannot be achieved by the end of this year. The FRA and the Government Accountability Office have documented the immense technical and programmatic challenges with implementing PTC.

“As a result of these challenges, the DOT has reported that the deadline will not be met and has offered a proposal to ensure the benefits of PTC are realized. I look forward to working with my colleagues on a legislative fix to ensure that we can set a more realistic implementation timeline for this important safety improvement.

“I am also closely monitoring the proposed crude-by-rail requirements.

“I have expressed concerns to the Office of Management and Budget as well as the DOT about the unintended harms that could result from the proposed rule. The DOT estimates its proposed crude-by-rail rule could cost nearly $6 billion, and it acknowledges the rule would increase network delays and out-of-service time for rail equipment.

“Without question, we must improve the safety of our nation’s rail system, but I am concerned about the unattainable deadlines the rule proposes. Like the PTC mandate, there are very real impacts when federal agencies set unreasonable and, many times, unachievable deadlines.

“Among other things, the DOT issued this proposed rule without analyzing the potential tank car shop capacity needed to retrofit or replace over 100,000 DOT-111 tank cars. Shippers have raised concerns about a tank car shortage, with a disruption in energy supply transportation, if DOT finalizes this rule with an unattainable deadline.  I look forward to working with my colleagues, stakeholders, and the Secretary of Transportation on a realistic timeline for such a phase-out.

“While safety can and should be improved, we certainly do not need to build in system-wide delays and congestion like we have witnessed during the past year and a half.

“Our transportation network connects port to rail to truck. Delays, burdensome regulations, and failing infrastructure disrupt our nation’s economy and cost jobs. So, we must work together to find workable solutions.

“In addition, we must ensure that the Surface Transportation Board, which is tasked with resolving railroad rate and service disputes and reviewing proposed railroad mergers, can provide effective and efficient oversight of the rail industry.

“This committee has a great deal of work to do in addressing freight rail service and safety in addition to passenger rail reauthorizations. I hope members will bring forward thoughtful solutions as we address these challenges.”

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Rounds Introduces SDDOT Secretary Bergquist as Witness at Senate EPW Hearing

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Rounds Introduces SDDOT Secretary Bergquist as Witness at Senate EPW Hearing

WASHINGTON – U.S. Sen. Mike Rounds (R-S.D.), a member of the Senate Environment and Public Works (EPW) Committee, today introduced South Dakota Transportation Secretary Darin Bergquist as a witness at an EPW hearing to discuss America’s transportation needs.

“I’ve known Darin for years and I had the opportunity to actually appoint him as Secretary of Transportation when I was Governor,” said Rounds. “I can share with you that he has seen the ins and outs of trying to work with limited funding and in a rural state in which there’s always a challenge in how you take the dollars and spread them out, and literally deliver the best you can.”

Rounds went on to emphasize the importance of passing a long-term transportation bill that recognizes the needs of rural states as well as urban ones.

“The federal highway program is vital to making sure South Dakota has the funds that we need to manage our state’s highways and bridges, thereby providing for economic growth so that all South Dakotans can travel safely.”

A little more insight into the mysterious Capitol Tunnels, and why cards aren’t issued.

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I had forgotten about this, until a correspondent had brought it up.

So, why is access to the Capitol tunnels tightly controlled? It sounds as if they’re not tunnels of transit, but tunnels of naughtiness.

Doesn’t anyone remember why they always get closed? Illicit sexual rendezvous. And, the tunnels were a known benefit of being a DOT or Capitol employee. After the no smoking rule got put in place, it became the indoor smoking place to go.

Smoking and Sin.

Maybe the state should keep them off limits.

Two members of State House of Representatives get into public facebook spat

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Two Republican members of the State House of Representatives today took a disagreement over the killing of one member’s bill public via facebook today, with accusations being leveled regarding “secret meetings” and the other being called “a petulant child” and “grandstanding.”

But, read for yourself:

house_member_fight

Can’t we just all get along? Hug it out guys.

Release: Delegation Meets with Foxx, Huerta to Outline Powder River Expansion Timeline

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Delegation Meets with Foxx, Huerta to Outline Powder River Expansion Timeline

DOT_FAA_MeetingWASHINGTON, D.C.—U.S. Sens. John Thune (R-S.D.) and Mike Rounds (R-S.D.) and Rep. Kristi Noem (R-S.D.) today met with U.S. Secretary of Transportation Anthony Foxx and Federal Aviation (FAA) Administrator Michael Huerta to reiterate the importance of finalizing the Powder River Training Complex (PRTC) expansion.

“We had a productive meeting today and underscored to the secretary and administrator the importance of finalizing this expansion,” said the delegation. “This project has been nine years in the making, with the FAA having coordinated with the Air Force for nearly five of those. We were pleased to hear that the FAA will prioritize the review of the expansion, and we will continue to stay in close contact with the FAA as it moves forward. It is time to finalize this training space, which will increase national security, save taxpayer dollars, and ensure that our airmen and women have the training they need to come home safely after defending our nation abroad. We appreciate the FAA’s efforts to realize these benefits.”

On January 16, 2015, the Air Force announced that it finalized its Record of Decision to approve the PRTC. Now that the Air Force has completed its portion of the process, the FAA will complete its review before the training airspace can be utilized.

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There seems to be a lot of Democrats who want the votes of dead people to count.

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Senate Bill 111
Sponsors: Senators Parsley, Buhl O’Donnell, Haverly, Hunhoff (Bernie), Olson, Omdahl, and Sutton and Representatives Wollmann, Bartling, Bolin, Feickert, Gibson, Johns, McCleerey, Otten (Herman), Rasmussen, Ring, Romkema, Schoenfish, and Schrempp

Purpose: repeal the provision that invalidates absentee ballots cast by voters who died before the date of the election.

I notice there’s a disproportionate number of Democrats who who want the votes of dead people to count in elections.

There ought to be a law? Not in this case. The “I-don’t-want-to-put-my-coat-on” act.

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Every year, there are bills introduced that leave you asking “really?”  This would be an example:

SENATE BILL NO. 105

Introduced by: Senators Olson, Bradford, Brown, Buhl O’Donnell, Cammack, Curd, Ewing, Frerichs, Greenfield (Brock), Haggar (Jenna), Haverly, Heineman (Phyllis), Heinert, Holien, Hunhoff (Bernie), Jensen (Phil), Lederman, Monroe, Novstrup (David), Otten (Ernie), Parsley, Peters, Peterson (Jim), Rampelberg, Rave, Soholt, Solano, Sutton, Tidemann, Vehle, and White and Representatives Gosch, Anderson, Beal, Bolin, Bordeaux, Brunner, Campbell, Craig, Deutsch, Feickert, Gibson, Greenfield (Lana), Haggar (Don), Harrison, Haugaard, Heinemann (Leslie), Hickey, Hunhoff (Jean), Hunt, Johns, Kaiser, Klumb, Latterell, Marty, May, McCleerey, Mickelson, Otten (Herman), Partridge, Peterson (Kent), Rasmussen, Ring, Romkema, Rounds, Rozum, Russell, Schaefer, Schoenfish, Sly, Stalzer, Stevens, Tulson, Verchio, Westra, Wiik, Wink, and Wollmann

FOR AN ACT ENTITLED, An Act to provide Legislators access to the state capitol complex tunnel system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 2-4 be amended by adding thereto a NEW SECTION to read as follows:

Each member of the Legislature has access to all public buildings through the capitol complex tunnel system during regular business hours throughout the regular legislative session. The Bureau of Administration shall provide to the Legislative Research Council a tunnel access card for each Legislator for distribution no later than the first day of each regular Legislative session. The Bureau of Administration may charge the Legislative Research Council the usual and customary charge for the tunnel access cards. The Legislative Research Council shall pay any charges for the tunnel access cards from funds appropriated to the Legislature.

31 Senators and 47 Representative sponsoring a measure that the state issue all legislators keycards to the tunnel system that runs from the State Capitol to two or three buildings immediately adjacent to the Capitol, with said tunnels originally constructed for heat pipes. (They have similar steam pipe tunnels at SDSU, which are far more extensive, and cool as they spider across campus.)

But I’m still forced to ask – Really?  Having worked in the State Capitol Complex for a good number of years, I can personally attest to the fact that between going down the stairs, and up the stairs, all you’re really saving is the effort to put on a coat to go across the street…. For a trip that probably takes you less time.

And the last I knew, South Dakota fresh air never hurt anyone.

Noem’s Human Trafficking Provision Passes U.S. House

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Noem’s Human Trafficking Provision Passes U.S. House

Washington, D.C. – Rep. Kristi Noem’s bipartisan Human Trafficking Prevention, Intervention, and Recovery Act was passed today by the U.S. House of Representatives.

“Human trafficking is happening in our backyard and we must address it,” said Rep. Noem.  “The legislation passed today targets trafficking from multiple angles.  First, I’m hopeful my bill will give caregivers, state law enforcement officers, and others the tools they need to prevent trafficking in our communities.  And when prevention efforts fail, my hope is that this legislation gives us more information about how to intervene while also diverting critical resources to creating safe places for survivors to escape to.”

The bipartisan Human Trafficking Prevention, Intervention, and Recovery Act (H.R.350) would launch a review to look into federal and state trafficking prevention activities.  This will help us identify best practices to stop human trafficking.  It also requires an inventory of existing federal anti-trafficking efforts to make sure all federal agencies and programs work together and that federal resources are being targeted where needed.  Finally, the legislation improves an existing Department of Justice grant, ensuring that the grant is open to shelters and facilities looking to provide housing for survivors.

This legislation was first introduced by Rep. Noem in the 113th Congress to help give shelters, law enforcement officers, and caregivers more resources to address the human trafficking crisis.  While the legislation passed the House late last year, the Senate failed to consider the legislation.  Rep. Noem reintroduced the legislation at the beginning of this Congress with California Democrat Rep. Doris Matsui.

Noem, Klobuchar Lead Bipartisan Group of Lawmakers Urging Administration to Provide Crucial Funding for Lewis and Clark Water System

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Noem, Klobuchar Lead Bipartisan Group of Lawmakers Urging Administration to Provide Crucial Funding for Lewis and Clark Water System

kristi noem headshot May 21 2014Congress recently approved an additional $31 million for work on authorized Bureau of Reclamation water projects; in a letter to Bureau of Reclamation Commissioner, the lawmakers pressed for strong funding to advance construction on the Lewis and Clark project

When completed, the Lewis and Clark Regional Water System will cover a service territory of more than 5,000 square miles and provide drinking water to 300,000 residents and businesses in southwest Minnesota, northwest Iowa and southeast South Dakota

WASHINGTON, DC – U.S. Representative Kristi Noem (R-SD) and Senator Amy Klobuchar (D-MN) today led a bipartisan coalition of lawmakers urging the Administration to provide crucial funding for the Lewis and Clark Regional Water System (LCRWS). Congress recently approved an additional $31 million for work on authorized Bureau of Reclamation water projects. In a letter to the Commissioner of the Bureau of Reclamation, the lawmakers pressed for strong funding to advance construction on the Lewis and Clark project. When completed, the Lewis and Clark Regional Water System will cover a service territory of more than 5,000 square miles and provide drinking water to 300,000 residents and businesses in southwest Minnesota, northwest Iowa and southeast South Dakota. The letter was led by Klobuchar and Noem and co-signed by Senators John Thune (R-SD), Al Franken (D-MN), Charles Grassley (R-IA), and Mike Rounds (R-SD) as well as Representatives Collin Peterson (D-MN), Tim Walz (D-MN) and Steve King (R-IA).

“The Fiscal Year 2015 Omnibus Appropriations Bill Congress provided the Bureau of Reclamation with an additional $31 million for ongoing work on authorized rural water projects,” the lawmakers wrote. “As you consider how to allocate the funding for ongoing projects, we request that you give full consideration to the Lewis and Clark Regional Water System project to advance construction in a meaningful way. We look forward to working with you until the Lewis and Clark project is complete and the federal government has fulfilled its commitment.”

The full text of the lawmakers’ letter is below:

Dear Commissioner López:

Congratulations on your appointment as Commissioner of the Bureau of Reclamation.  We look forward to working with you to fulfill the Bureau of Reclamation’s mission to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

The Fiscal Year 2015 Omnibus Appropriations Bill provided the Bureau of Reclamation with an additional $31 million for ongoing work on authorized rural water projects.  Authorized rural water projects within the Bureau of Reclamation play a key role in providing reliable, quality drinking water to communities in our states.  One such project is the Lewis and Clark Regional Water System (LCRWS).  When complete, it will cover a service territory of more than 5,000 square miles.  As you consider how to allocate the funding for ongoing projects, we request that you give full consideration to the LCRWS project to advance construction in a meaningful way.

In 2000, Congress authorized LCRWS to supply high quality, dependable drinking water to more than 300,000 residents and businesses in southwest Minnesota, northwest Iowa and southeast South Dakota.  The Lewis and Clark project is currently 65 percent complete and has seen significant investment at the local, state, and federal level, allowing for the construction of intake wells, a water treatment plant, pumping stations, and pipelines that now connect 11 of the 20 member systems.  Local project sponsors and the three states have collectively pre-paid 100% of the non-federal cost share of $154 million.  The remaining federal cost share to finish the entire project is just over $200 million.

Rural water projects generate both short-term and long-term economic activity and expand economic development opportunities. The member communities awaiting connection to LCRWS have shown the ability to attract economic development if sufficient water supply is made available through the project.  For example, in Worthington, Minnesota, a large pork processing plant needs a reliable water supply before it can expand its operations.  In Madison, South Dakota the lack of water is preventing the community from taking advantage of the new businesses and industries interested in moving to the community. In Hull, Iowa a dairy plant is ready to expand when sufficient water is available.  These are just a few examples of many demonstrating the potential for economic growth with proper investment in LCRWS.  As you evaluate how to allocate funding, we urge you to consider the ability of LCRWS to utilize funds to effectively promote economic development and jobs in communities in our states.

We look forward to working with you until the Lewis and Clark project is complete and the federal government has fulfilled its commitment. Thank you for your consideration of this request.

Sincerely,

Moran, Tester, Thune Introduce Bill to Preserve Rural Therapy Care

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Moran, Tester, Thune Introduce Bill to Preserve Rural Therapy Care
-PARTS Act would protect rural Americans’ access to important health services-

John_Thune,_official_portrait,_111th_CongressWASHINGTON, D.C. – U.S. Sens. Jerry Moran (R-Kan.), Jon Tester (D-Mont.), and John Thune (R-S.D.) – members of the Senate Rural Health Caucus – today introduced S. 257, the Protecting Access to Rural Therapy Services (PARTS) Act. The legislation would ensure rural and other patients have access to a full range of outpatient therapeutic services in hospitals in their own communities. The senators introduced the PARTS Act last Congress (S. 1143).

“Requiring supervising physicians to be present for some outpatient therapy services places an unnecessary strain on the already overextended staff of rural health care facilities,” said Sen. Thune. “Further, this CMS requirement can place extraordinary demands on physicians, and it is these kinds of regulations that keep physician recruitment to rural areas challenging. I look forward to working with my colleagues in the Senate to move our common-sense legislation forward, ensuring we provide rural health care facilities in states like South Dakota with the flexibility needed to continue to deliver quality outpatient therapy services without being subjected to budget-busting workforce regulations.”

“Rural hospitals need reasonable flexibility to appropriately staff their facilities so they can provide a full range of services to their communities,” Sen. Moran said. “Many hospitals find the Centers for Medicare and Medicaid Services’ direct supervision requirements impossible to meet, which jeopardizes access to this important care. The PARTS Act would preserve patient safety and oversight while easing unreasonable supervision requirements for therapy care. This bill is crafted to make certain federal regulations reflect the realities of rural health care and address this issue on a permanent basis.”

“Rural families face unique health care hardships and they deserve access to quality care without being forced to travel long distances,” Sen. Tester said. “This bill removes burdens for rural patients, provides Critical Access Hospitals certainty, and upholds the standard of health care that rural Americans expect.”

“Outpatient therapeutic services” include services such as pulmonary rehabilitation, certain behavior health assessments and counseling, demonstration/evaluating the use of an inhaler or nebulizer, and certain casting/splinting procedures. Hospital outpatient therapeutic services have always been administered by licensed, skilled professionals under the overall direction of a physician. However, in 2009 the Centers for Medicare and Medicaid Services (CMS) abruptly shifted policy to require that outpatient therapeutic services must be furnished under the “direct supervision” of a physician who is required to be physically present in the department at all times that Medicare beneficiaries receives these services. While CMS subsequently revised its standard to also permit direct supervision by certain qualified non-physician practitioners (NPPs), the agency still requires the physical presence of the supervising professional by mandating the supervisor be “immediately available” at all times these services are provided to beneficiaries.

While the need for this “direct supervision” is recognized for certain high risk, complex outpatient services, CMS’ policy often applies to even low risk services, such as some medication injections and minor wound debridement. For many years, these procedures have been safely administered in hospital outpatient departments under “general supervision,” a standard that permits services to be furnished under the general oversight and control of a supervising practitioner without requiring his or her physical presence. In fact, in December 2014 President Obama signed into law H.R. 4067 – legislation unanimously passed by Congress – that suspended enforcement of this CMS regulation on Critical Access Hospitals (CAHs) and other small rural hospitals in 2014.

The PARTS Act would:

  • Require CMS to allow a default setting of general supervision, rather than direct supervision, for outpatient therapeutic services;
  • Create an advisory panel to establish an exceptions process for risky and complex outpatient services;
  • Create a special rule for CAHs that recognizes their unique size and Medicare conditions of participation; and
  • Hold hospitals and CAHs harmless from civil or criminal action for failing to meet CMS’ current direct supervision policy for the period 2001 through 2016.

Click here to read the text of the bill.

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