Category: US Senator John Thune

Thune to DHS, DOL: H-2B Visa Fix Isn’t Good Enough

-Letter calls on DOL, DHS to begin processing premium H-2B visa applications-

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.) today sent a letter to U.S. Department of Homeland Security Secretary (DHS) Jeh Johnson and U.S. Department of Labor (DOL) Secretary Thomas Perez calling on the agencies to work together to alleviate the current backlog of H-2B visa applications and immediately reinstate the premium processing service for H-2B petitions. Earlier this month, DOL began halting all H-2B labor visas after a federal judge ruled the agency was stepping outside its statutory authority. Last week Thune called on DOL and DHS to take immediate steps to resume the processing of H-2B visas.

Since then, the U.S. District Court for the Northern District of Florida granted a motion permitting DOL to begin issuing temporary labor certificates under the H-2B visa program. While the judge’s ruling is good news for South Dakota employers, the temporary injunction has already caused a backlog in processing that may take some time to resolve. Thune’s letter calls for DOL to resume premium processing of H-2B visas, which should not only help address the backlog, but should also expedite many of the applications, ensuring seasonal positions for the upcoming tourist and construction seasons are filled.

“We’re talking about numerous South Dakota businesses across multiple industries being hamstrung by the Obama administration’s poor planning and lack of foresight—and that’s totally unacceptable,” said Thune. “While I’m pleased H-2B visas are being processed again to ensure South Dakota businesses are able to fill important seasonal positions ahead of the upcoming tourist and construction season, we need to address the backlog as quickly as possible and that means reinstating the premium processing service for H-2B petitions. I’ll continue to stay in close contact with DOL and DHS and remain committed to working with South Dakota businesses to ensure DOL reinitiates premium processing as soon as possible.”

Thune encourages South Dakota employers to stay in contact with his office about the delays they are experiencing.

The text of the senator’s letter is below:

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March 20, 2015

The Honorable Thomas Perez
Secretary of Labor
Office of the Secretary
U.S. Department of Labor
200 Constitution Avenue, NW, Room S-2018
Washington, DC 20210

The Honorable Jeh Johnson
Secretary of Homeland Security
Office of the Secretary
U.S. Department of Homeland Security
Washington, DC 20528

Dear Secretaries Perez and Johnson:

As you know, on March 18, 2015, the U.S. District Court for the Northern District of Florida, in Perez v. Perez, granted a motion permitting the Department of Labor (DOL) to begin issuing temporary labor certificates under the H-2B visa program.  Although the court’s ruling allows adjudication of H-2B visas to recommence, the temporary injunction has already caused a backlog in processing that may take time to resolve.  Additionally, despite this ruling, the premium processing option for H-2B visas has yet to be reinstated, which means employers who need workers for the upcoming tourist and construction seasons in South Dakota may not be able to fill these positions in time.

For this reason, I request that DOL and the Department of Homeland Security work to alleviate this backlog and immediately resume premium processing for H-2B visas.  Please let me know your respective departments’ projected timelines for recommencing the premium processing option for H-2B visas.

Sincerely,

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Thune and Nelson Introduce Bipartisan Freight Rail Reform Bill
-Legislation scheduled for Commerce Committee mark-up next week-

WASHINGTON, D.C. – U.S. Sen. John Thune (R-S.D.) and U.S. Sen. Bill Nelson (D-Fla.), who respectively serve as the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation, today introduced S. 808, the Surface Transportation Board (STB) Reauthorization Act of 2015.

The STB is the federal regulatory body responsible for economic oversight of the nation’s freight rail system. Run by a three-member, bipartisan board, the agency has regulatory jurisdiction over railroad rate reasonableness, mergers, line acquisitions, new rail-line construction, line abandonment, and other rail issues. The STB was created by Congress in 1996 as the successor to the Interstate Commerce Commission. Since that time, the STB has not been reauthorized or substantively reformed.

“While the STB has been working diligently to ensure the major rail service issues experienced last year by shippers and businesses in South Dakota and other states across the U.S. don’t happen again, last year’s crisis highlighted some of the inefficiencies that currently exist at the agency,” said Thune. “Oversight efforts have identified causes of wasteful and unnecessary delays in adjudicating cases that harm rail shippers, freight operators, and ultimately consumers who pay higher costs. These reforms will help make the STB a more efficient, effective, and accountable agency for the benefit of shippers and railroads alike.”

Thune and Nelson’s bill would allow board members to work together in a more streamlined approach. Their bill would expand the STB board membership from three to five members, and allow for board members to discuss pending matters without issuing a public meeting notice, but with later public disclosure. The bill would also allow the board to initiate some investigations, not just respond to complaints, and would require the STB to establish a database of complaints and prepare quarterly reports on them.

Thune and Nelson’s bill would also change the case review process by requiring the board to establish timelines for stand-alone rate cases and a report on rate case methodology. The bill would codify an arbitration process for certain rate disputes and carrier complaints.

The STB reform bill expands on the work Thune has done over the past year and a half to prevent the rail service challenges experienced in the Upper Midwest in 2013 and 2014 from happening in the future. Thune has worked with the STB, as well as senior leadership of Canadian Pacific Railway and BNSF Railroad, to address service issues that South Dakota shippers have raised.

Thune serves on both the Commerce, Science, and Transportation Committee which has jurisdiction over our nation’s freight and passenger railroads, as well as the Senate Agriculture Committee. In addition, Thune previously served as State Railroad Director under former Governor George S. Mickelson from 1991-1993. For a complete outline of Thune’s work to reduce the rail service backlog, visit his website.

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Thune to FCC: Can’t Apply Old Rules of Telecom to New World of Internet

“… the Internet is not the telephone network, and you cannot apply the old rules of telecom to the new world of the Internet. Three weeks ago, three regulators turned their backs on that consensus, and I believe the Internet and its users will ultimately suffer for it.”

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, today at a hearing entitled, “Oversight of the Federal Communications Commission” questioned the five members of the FCC about its controversial Open Internet Order.

Video of the questions for the commissioners is here and remarks as prepared for delivery are below.

“Welcome to today’s oversight hearing on the Federal Communications Commission. Every day, every single American relies on some part of our nation’s vast communications system – the Internet, the telephone, television, GPS, or the radio. An efficient, effective communications system is the bedrock of our nation’s economy and it is the tie that binds together our 21st century society.

“The FCC sits right in the middle of America’s digital world. And this is even more true following the FCC’s recent decision to turn our nation’s broadband Internet infrastructure into a public utility. As is apparent from that action last month, the FCC is also a potentially threatening and unpredictable agency as it struggles to operate under legal authority designed nearly 100 years ago and not seriously updated in decades.

“To be clear, today’s hearing is not a response to the Title II order, but clearly no discussion about the FCC can ignore one of the most significant and most controversial decisions in the agency’s history. My views on this subject are well known. I believe there should be clear rules for the digital road with clear authority for the FCC to enforce them. I have put forward a draft bill with my House colleagues to begin the legislative discussion about how best to put such rules into statute. Like most first drafts, our draft bill is not perfect. I invite members of this committee and stakeholders from across the political spectrum to offer us ideas on how we can improve it, so that the final draft can win bipartisan support and provide everyone in the Internet world with the certainty that they need.

“The FCC’s recent action accomplished the exact opposite. Rather than exercising regulatory humility, the three majority commissioners chose to take the most radical, polarizing, and partisan path possible. Instead of working with me and my colleagues in the House and Senate on a bipartisan basis, to find a consensus, the three of you chose an option that I believe will only increase political, regulatory, and legal uncertainty, which will ultimately hurt average Internet users. Simply put, your actions jeopardize the open Internet that we are all seeking to protect.

“The tech and telecom industries agree on few regulatory matters, but there was one idea that unified them for nearly two decades – the Internet is not the telephone network, and you cannot apply the old rules of telecom to the new world of the Internet. Three weeks ago, three regulators turned their backs on that consensus, and I believe the Internet and its users will ultimately suffer for it.

“The debate over the open Internet illustrates the importance of the FCC, which makes it all the more amazing that Congress has not reauthorized the FCC since then-Representative Markey’s bill was passed a quarter century ago. Indeed, the FCC is the oldest expired authorization within this committee’s expansive jurisdiction – a situation that I intend to rectify this Congress.

“Today’s hearing marks the beginning of the Commerce Committee’s efforts to write and pass legislation to reauthorize the FCC. I know that contentious matters like Title II divide the membership of this committee, but FCC reauthorization is an area where I believe Republicans and Democrats can and should work together. Wanting the FCC to be an effective, efficient, and accountable regulator shouldn’t be a partisan goal. I know members on both sides of the aisle have common-sense ideas to make the agency more responsive to the needs of consumers, Congress, and regulated companies alike, and I look forward to hearing their suggestions and views. And I look forward to hearing the commissioners’ thoughts today about ways Congress can help their agency improve.

“Writing a new FCC reauthorization bill should not be a one-off effort. It is my hope that the committee will get back to regularly authorizing the commission as part of its normal course of business. In order to do that effectively, the committee must be diligent in its oversight. As such, the commission should expect to come before this committee again.

“How the commission works is just as important as what the commission does. In addition to discussing important communications policy matters, I hope members will use today’s hearing to explore the Commission’s operations, processes, and budget. For example, the FCC has requested $530 million dollars for Fiscal Year 2016. This funding level would be the highest in the Commission’s history. That alone raises eyebrows, particularly when American households continue to do more with less in this stagnant economy, but the FCC also wants to fund this increase in part by raiding the Universal Service Fund.

“Paying for record high budgets by siphoning money from USF is a dangerous precedent. While members of this committee may have varying views on the USF’s efficiency, scope, and growth, one thing I think we can all agree on is that its limited funds should not be used as a reserve fund to pay for the FCC’s core statutory functions.  That’s what the Commission’s regulatory fees are for.  USF funds should pay for USF services, and I don’t believe the FCC should jeopardize the stability and integrity of the Universal Service Fund in order to paper over its record high budget request.

“Given the significant interest in hearing from the commission today, I do not expect this hearing will be a short one. In order to more quickly get to members’ questions, I have asked that all the witnesses limit their oral statements to three minutes apiece. Their longer written statements will be submitted for the record.

“I look forward to hearing from our witnesses in what I hope will be a productive afternoon.”

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Democrats Choose Obstruction Over Progress on Human Trafficking Bill

“If ever there were an issue that should be above and beyond politics, protecting children from human trafficking is it.”

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.) issued the following statement on Senate Democrats’ continued filibuster of the Justice for Victims of Trafficking Act:

“If ever there were an issue that should be above and beyond politics, protecting children from human trafficking is it. The fact that Senate Democrats are choosing to play partisan political games with such an important bill is unconscionable. My hope is that Senate Democrats will end their filibuster and see this bill for what it is – a bipartisan, common-sense approach to targeting human trafficking and protecting its victims.”

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From Jon Ellis at the Argus Leader, US Senator John Thune has announced that he’s picked his next campaign manager, and it’s someone well known in Republican circles here in South Dakota – Josh Shields.

Sen. John Thune has taken a major step toward running for a third term by hiring a veteran campaign operative to manage his 2016 campaign.

Joshua Shields has taken the top job, which he started Monday. Thune has yet to officially announce a third term, but it’s really only a matter of time before that happens.

“I couldn’t be more pleased to have Joshua back on my team to manage the re-election campaign,” Thune said in a statement. “Joshua knows South Dakota, he knows how to organize and he knows how to win.”

and…

His crowning victory came in 2010, when he managed Kristi Noem’s campaign to victory over incumbent Rep. Stephanie Herseth Sandlin. He then joined Noem’s staff for a brief period before leaving politics to return to Rapid City, where he worked with Black Hills Corp.

Read it all here.

Big congratulations to Josh in his new position running the Thune campaign effort.

(Of course, that’s assuming Democrats manage to find an opponent.)

Protecting Our Sporting Heritage
By Senator John Thune

South Dakotans have long held a deep appreciation and respect for our Second Amendment rights. Responsible use of firearms for sporting purposes and personal protection are valued components of South Dakota’s heritage, ones that support important hunting and tourism industries, as well as keep our communities safe. As your U.S. Senator, I take seriously my responsibility to represent and protect your right to bear arms.

Last month, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) put forward a proposal that would have effectively banned the manufacture and sale of popular sporting ammunition, such as the M855 5.56 x 45 mm cartridge, to law-abiding gun owners. This significant overstep by the ATF would have limited access to ammo for commonly used sporting firearms, pricing responsible gun owners out of market.

That is why I joined 51 of my Senate colleagues in sending a letter to ATF Director Todd Jones on March 9 requesting that the ATF withdraw its proposal severely limiting access to rifle ammunition used primarily for sporting purposes. The proposal would have created a subjective test for determining whether certain types of ammunition are “primarily intended for sporting purposes,” which could exempt or restrict certain rounds from a law intended to protect law enforcement officers from armor-piercing bullets that can be fired from handguns. Historically, the attorney general has exempted such ammunition, but the ATF’s proposal would have been a significant overstep of its statutory authority and would have infringed on the rights of lawful gun owners.

Responsible firearm ownership is woven into South Dakota’s culture, and I am pleased that the ATF withdrew its proposed framework after receiving over 80,000 public comments generated since it was introduced in February. The ATF clearly saw the writing on the wall—this proposal significantly overstepped the agency’s statutory authority and ultimately would have infringed on responsible gun owners’ constitutionally-protected right to bear arms.

Unfortunately, this is not first time the Obama administration has attempted to curtail the rights of gun owners. While the ATF and other agencies may attempt to restrict the right to bear arms, rest assured, I will remain a vigilant advocate for the Second Amendment and for protecting the rights of South Dakota gun owners.

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Black Hills Future Uncertain Due to Long-Eared Bat
By Senator John Thune

Hundreds of different wildlife species call the Black Hills National Forest home. Bison, deer, elk, coyotes, and antelope are all part of the vast array of wildlife that make the Black Hills a unique place to visit. Among the lesser-known wildlife species that call the Black Hills their home is the northern long-eared bat.

Unfortunately, northern long-eared bats are dying at alarming rates in parts of the country. Researchers have determined that the leading cause of death among northern long-eared bats is a disease in certain areas of the country known as white-nose syndrome. While this disease has been found in 22 states across the country, it has not been detected in South Dakota.

In 2011, the U.S. Fish and Wildlife Service (FWS) reached a secret sue-and-settle agreement with two radical environmental groups resulting in endangered species listing determinations for more than 250 species across the United States, including the northern long-eared bat. Despite the lack of evidence suggesting white nose syndrome exists in our state, if the FWS chooses to list the northern long-eared bat under the Endangered Species Act (ESA) it would likely institute a number of restrictive measures in the Black Hills to “preserve” the long-eared bats’ habitat, including severely limiting active forest management.

Active forest management is critical to combating the spread of pine beetles, preventing forest fires, and cultivating a healthy forest in the Black Hills. Maintaining forest health isn’t just for the purpose of preserving the beauty and majesty of this treasured area of our state, but also represents an important sector of our state’s business interests. The FWS’s proposed forest management restrictions would significantly curtail the timber industry in the Black Hills at a cost of more than 1,500 jobs and $119 million in lost revenue to local economies. Additionally, widespread forest fires or pine beetle advances could jeopardize the state’s second largest industry, tourism; and ironically destroy the habitat of the species it is trying to protect under the listing.

After working closely with the Black Hills communities and timber industry, I introduced a bill on March 4 to prevent the FWS from listing the northern long-eared bat under the ESA. Since learning of the potential listing late last year, I have been actively engaging with the FWS and stakeholders to prevent these unintended consequences from impacting the Black Hills, including sending two separate letters calling on the FWS to stand down on its listing of the long-eared bat and resulting misguided forest management policies.

Limiting forest management practices due to listing the long-eared bat as endangered is unnecessary, reckless, and irresponsible. Rather than limiting active forest management in the Black Hills, the FWS should be focusing its efforts on eradicating white-nose syndrome. Over the past 10 years, no wildlife species has been listed by the FWS naming disease as a primary cause, which makes listing the long-eared bat even more questionable. I will continue working with my colleagues in the Senate to stop the FWS’s ESA listing, and advocate for common-sense policies that protect the forest and the animals that call it home.

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Thune, Klobuchar Requested Report Outlines Rail Service Challenges in Upper Midwest

-USDA report examines impact of rail congestion and underscores importance of robust rail network-

WASHINGTON, D.C.—U.S. Sens. John Thune (R-S.D.) and Amy Klobuchar (D-Minn.) today commented on a newly released report that they called for from the U.S. Department of Agriculture examining the rail service challenges in the Upper Midwest in 2013 and 2014 and the implications these issues had on the region’s agricultural sectors. The report examines the causes and effects of rail congestion and underscores the importance of ensuring robust rail network capacity and investment in the future.

“Grain car backlogs, storage issues, and rail car premiums affect transportation costs and commodity prices, which are critically important to our agricultural producers in South Dakota,” said Thune. “This report is an important resource for understanding future vulnerabilities and the importance of maintaining strong rail service for our agricultural producers and other shippers. While the railroads have made important gains in rail service in recent months, we need to work to ensure that this service continues. As chairman of the Senate Commerce Committee and a member of the Senate Agriculture Committee, I look forward to working on long-term solutions that address the increasing demands for prompt, reliable, and safe service.”

“Reliable and affordable rail service is critical for providing Minnesota’s agriculture producers with access to markets beyond our state’s borders,” Klobuchar said. “While service has improved in recent months, delays have caused lost sales, involuntary shutdowns at processing facilities and disruption to agriculture markets. This report underscores the importance of strong rail service to agricultural producers and will serve as a critical tool as we continue to improve rail service in Minnesota and across the country.”

The report finds that in September of 2014 some of the major grain producing states most impacted by poor rail performance‎ had remaining grain and oilseed stocks in storage up to 40 percent higher than in previous years. USDA notes that the situation left less permanent storage available to accommodate another record harvest, as production and stocks exceeded permanent capacity by over 900 million bushels during the 2014-2015 harvest. The report also finds capacity issues and service concerns caused shippers to pay record-high car premiums, 28 to 150 percent above the average previous levels for roughly 65 consecutive weeks.

Access to the full USDA report is available here.

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Don’t Break the Net
By Senator John Thune

Whether it is to catch the scores of last night’s game, read the morning news, or stay connected with friends and family, like many South Dakotans, I depend on fast, reliable Internet service. The role of the Internet in our lives is only going to continue to grow. It will keep revolutionizing things like transportation, commerce, agriculture, and education. But heavy-handed government regulation could delay the next big transformation.

On February 26, three unelected officials of the Federal Communications Commission (FCC) voted to approve the most controversial agenda item in the agency’s modern history, a policy awkwardly known as Title II reclassification of broadband. The FCC voted 3-2 to impose heavy-handed regulations on the Internet that were designed and intended for monopoly phone companies in the 1930s. The regulations being imposed by the FCC are an attempted power-grab that will create new barriers for innovation and open the door to new taxes and fees on internet service for American households.

In the 317 page rule that has yet to be made public, the FCC gives itself broad power to decide how broadband services may be offered in the market. For example, mobile broadband plans that allow unlimited music streaming could be prohibited by the government. Additionally, the FCC action could make broadband more expensive because compliance with these regulations will increase operational costs for providers that will likely be passed along to customers in the form higher prices for broadband Internet service.

New investment in communications networks will also be threatened. Broadband networks are expensive to build, operate, and maintain, and nowhere is that more apparent than in South Dakota, with our relatively small population and large landmass.

Advocates for reclassification worry that future entities that control Internet access could abuse that position to affect what content users can access. I have generally not been in favor of instituting government regulations until we know there is a real and actual need. But, to prevent the FCC’s heavy-handed regulatory overreach, I believe it is time for Congress to act by updating our telecommunication laws.

As chairman of the Senate Commerce Committee, which oversees the FCC and policies relating to telecommunications and the Internet, I put forward a legislative solution earlier this year to create common-sense rules for the digital road. What I am proposing is very different from what the FCC has jammed through. The FCC regulations are 317 pages. My draft proposal is six pages that focuses on what consumers want – prohibiting practices like “blocking,” which is the process blocking legal content, and “paid prioritization,” which is demanding special payments for access to certain services, all without the legal uncertainty associated with the FCC’s plan.

Above all, I don’t want the debate about protecting the open Internet to be used as an excuse for the federal government to grab control of the Internet from innovators. I will continue to pursue a legislative solution with my colleagues on both sides of the aisle to address the problems associated with the FCC overreach, and I will fight for policies that maintain the light-touch regulatory structure that has enabled the Internet to thrive.

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Thune Pressures Vilsack for Answers on Undetermined Wetlands Backlog and CRP Mid-Contract Management

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.) today questioned U.S. Department of Agriculture (USDA) Secretary Tom Vilsack at a 2014 Farm Bill implementation hearing before the Senate Agriculture Committee about Conservation Reserve Program (CRP) Mid-Contract Management policies and a backlog of undetermined wetlands in eastern and northeastern South Dakota.

Video of Thune’s remarks and questions can be viewed here.

CRP mid-contract management guidelines:

CRP land must be managed to control weeds and undergrowth by removing the vegetative cover once or twice during the lifetime of the contract. USDA has been requiring many South Dakota CRP participants to burn the vegetative cover or harvest it and destroy the hay.

“South Dakota producers received letters last year telling them that the residue they removed must be destroyed,” said Thune. “Over the years, this has resulted in literally of thousands of tons of feed that could have been put to use instead of being burned. I have requested in a letter that you either allow this residue to be donated with no reduction to the CRP annual payment, or if used by the participant that an annual payment reduction would be assessed. You responded in a letter that this concern would be addressed in future CRP policy changes. The question I have is can you assure me today that CRP participants will no longer receive letters requiring them to destroy residue removed during mid-contract management – on any CRP practices?”

Backlog of Undetermined wetlands in South Dakota:

The 2014 Farm Bill included a provision that requires farmers to meet conservation compliance rules on their land in order to be eligible for crop insurance premium assistance. Farmers need wetland determinations from the Natural Resources Conservation Service (NRCS) to ensure tiling, ditching, and other water management practices meet NRCS conservation compliance rules. South Dakota has the highest number of undetermined wetlands in the United States.

“We’ve had for several years now, farmers in eastern and especially in northeastern South Dakota have been faced with flooding and drainage issues and thousands of requests have been made to NRCS for wetlands determinations so they know how to manage their land and still meet the conservation compliance provisions,” said Thune

“According to the most recent South Dakota NRCS report we still have more than 2,000 undetermined wetlands in the state – which is three times or more as many as in any other surrounding state.

“Farmers are concerned, our state’s farm and commodity organizations are concerned, and I believe the South Dakota NRCS office staff is making an effort to reduce this backlog – but so far Mr. Secretary, the results just haven’t materialized. I requested last summer a meeting and there were some personnel from NRCS headquarters that attended in Aberdeen, and we had more than 350 farmers there, which tells you kind of how important this issue is to them. I know [the NRCS staff] came back to Washington having heard first-hand the frustrations of some of these farmers due to the backlog. My question is: what more can you do at headquarters do to help get this wetlands determination backlog under control?”

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