Tim Johnson

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I recognize the 125th anniversary of the founding of Claremont, SD. Claremont, home of the Honkers, is a thriving community located in Brown County. The city of Claremont is a town that contributes greatly to the identity of rural South Dakota. Located along the Great Northern Railway, the vibrant community of Claremont was founded in 1886 and formally incorporated in 1903. Claremont's rich history began with its prosperous farmers and railroad workers. The creation of the railroad was essential to the survival of the town. Claremont thrived thanks to the rich soil and accessibility to clean water. Like many frontier towns, the residents endured blizzards, droughts, and fires. The commitment of the early settlers to the land truly embodied the pioneer spirit, and can be seen in the actions of the residents even today. The men's softball team, the Honkers, calls Claremont home. They are the pride of the town and bring the community together to celebrate America's pastime. Along with sports, Claremont is well known for the ample geese that fly over the town, providing enjoyment to hunters and nature enthusiasts alike. Claremont will be commemorating its quasquicentennial celebration with softball and volleyball games, a parade, a 5K road race, food, dancing, and fireworks. To wrap up a fun-filled weekend, Claremont has planned an outdoor church service and potluck lunch. Other festivities include an all school reunion, old time photos, and a historical display. Mr. President, 125 years after its founding, Claremont is still a wholesome, rural community with true South Dakota values. I am proud to recognize the achievements of Claremont and to congratulate its residents on this memorable occasion.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I wish to recognize the community of Ferney, SD, on reaching the 125th anniversary of its founding. Ferney, located in Brown County, truly is a community born from the railroad and will be celebrating its quasquicentennial the weekend of July 2-3. Named after the French hometown of the wife of a railroad official, Ferney is a community with a colorful past. For many German families, Ferney was a treasure they could call home. The local Lutheran Church even held services in both German and English into the 1930s. During prohibition Ferney was one of the few cities in South Dakota to continue the sale of alcohol. Fernery's past was born from the Chicago Northwestern Rail Road, but the town was sustained through agriculture. Today agriculture still plays a major role in the life of the residents of Ferney. The local co-op provides the area with the farming needs to keep the crops fertile. While small, Ferney continues to prosper with local business such as the Ferney Farmers Bar and Grill and Harry Implements, Inc. These small businesses make each and every town in South Dakota a unique treasure. Ferney plans to celebrate this milestone by holding numerous events, including a parade, tractor pull, softball tournament, and street dance. South Dakota has a reputation for kindness and hard work. The residents of Ferney embody this wholesome reputation that makes South Dakota a place you want to call home, and I congratulate the citizens of Ferney on their accomplishments over the last 125 years and look forward to their future endeavors.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I recognize the community of Armour, SD, on reaching the 125th anniversary of its founding. Armour is a energetic community, which serves as the county seat for Douglas County, and will be celebrating its quasiquicentennial July 1 through 4. The town Armour, being founded in 1886, has the notable distinction of being a city before South Dakota achieved statehood. On the day that President Benjamin Harrison's proclamation of statehood for South Dakota reached Armour, the residents rang the brand new school bell to celebrate and alert the town. The children of Armour have always come first in the eyes of the residents; the first school was built just 1 year after the city was founded. Armour also claims to be home to the first Boy Scout Troop in the State of South Dakota. Today the town of Armor still holds education and children in high regards, and in 2008 Armour was one of only 320 schools in the Nation to be honored as a blue ribbon school for academic excellence. Armour will celebrate its 125th anniversary by holding an all-school reunion, as well as many other community events such as trolley rides, a 5K race, and chili cook-off. Armour is a thriving community that maintains small town values. Even 125 years after its founding, Armour remains a vital community and a great asset to the wonderful State of South Dakota. I am proud to publicly honor Armour on this historic milestone, and congratulate the people of Armour on their achievements.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I recognize the community of Harrold, SD, for the tremendous milestone of reaching the 125th anniversary of its founding. Harrold is a close-knit community located in Hughes County, and represents the small town spirit that makes South Dakota stand out in the Midwest. Named after Harrold McCullaugh, an officer of the Chicago and North Western Railroad, people began settling in the Harrold area around 1883 thanks in part to the newly built railroad line and rich farm land. Harrold was incorporated in 1886. The town thrived with the creation of a post office, new businesses, churches, and a school. Through adversity over the years including crop failures, blizzards, and tornadoes, the people of Harrold have shown resiliency and maintain pride in their community. Today the town of Harrold has become a hunter's paradise. Many hunting lodges call Harrold home and offer visitors and community members the thrill of hunting game such as pheasant. Even with the great hunting opportunities, agriculture still exists as the lifeblood of the community. In more recent years, the Global Harvest Birdseed Company has expanded their business and brought needed jobs to this Midwest community. Harrold will be celebrating its quasquicentennial the weekend of July 2-3. The town will celebrate this milestone with many community activates including a parade, antique tractor pull, nickel in a haystack scramble, rib fest, and street dance. Even 125 years after its founding, Harrold remains as a shining example of the steadfast spirit of small-town South Dakota. Harrold was built on hard work and solid values, and serves as a reminder of South Dakota's rich heritage. This grand achievement will serve to bring this close-knit community even closer. I am proud to honor the people of Harrold on this memorable occasion, and to extend my congratulations to them.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I pay tribute to the 125th anniversary of the founding of the city of Bowdle, SD. Bowdle, like many of the cities in South Dakota, was founded for its position along the railroad tracks. Alex M. Bowdle, an employee for Chicago & Milwaukee Railroad, founded Bowdle in 1886. He chose the location for its readily available access to clean water. This water was essential for the trains to use in their boilers, and helped to keep the trains moving on schedule. The water also greatly benefited area farmers who needed it for irrigation of their crops. Bowdle through the years has continued to be a thriving community. Their commitment to education can be seen in the graduates of the Bowdle School District. In addition city of Bowdle has many outdoor recreation options including pheasant hunting and the Bowdle Golf Club, which residents believe is one of the best courses in the State. Bowdle's residents have a strong local community and take pride in their city. To celebrate the momentous occasion the city is planning to hold a street dance with live music, along with many other events to bring the surrounding community together to share stories and experiences of the beloved city of Bowdle. I am proud to publicly honor Bowdle on this memorable occasion. Small communities such as Bowdle are part of the backbone of our great State, and help to preserve our rich frontier history and deep-seated character. Bowdle exemplifies what it means to be a great South Dakota community.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I wish to recognize the community of Conde, SD, on reaching the 125th anniversary of its founding. Located in Spink County, this small, close-knit community will be celebrating its quasquicentennial the weekend of June 24 to 26. The building of railroad branches in South Dakota by the Chicago and Northwestern Railroad created growth for numerous towns. Amongst the newly established area, the town of Conde was founded in 1886. This railroad town was formerly known as Coral until April 15, 1882. A railroad official's wife selected the name in honor of the Conde family of France and the French town of Conde. Conde, SD, ``The Place to Call Home,'' is known for its beautiful scenery and outdoor activities. Conde is settled in the rolling Coteau Hills and is an excellent area for Ring Neck Pheasant and White Tail Deer hunting. The city of Conde still has a variety of businesses located in this community. Conde will commemorate its anniversary with a weekend of events. The community has planned to host live music bands, an all-school reunion, a 5K ``Roll and Stroll'' through the beautiful town of Conde, and plenty of food vendors. Conde exemplifies the hometown community spirit of South Dakota. After 125 years, the community of Conde is still thriving, and it is my honor to publicly congratulate the citizens of Conde on reaching this commendable milestone.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I wish to recognize the town of Hecla, SD, on reaching the 125th anniversary of its founding. This small town in Brown County has flourished from its humble pioneer origins to a vibrant South Dakotan community. The completion of the Dakota Central Railroad, known later as the Chicago Northwestern, breathed life into this region of Brown County, and the community of Hecla was born in 1886. The railroad was essential to the progress of the town as it provided a means to get supplies, export harvests, and transport mail. Mystery surrounds the naming of Hecla as the railroad crew decided to name the town after the volcano, Mt. Hekla, in Iceland for unknown reasons. Today, Hecla is a progressive small town community. It features several local businesses, including grain elevators, lodging sites, banks, restaurants, meat processors, and insurance agencies, and is home to several churches. Hecla will be commemorating its anniversary with a celebration on the weekend of June 25th-26th. The town plans to celebrate with many events including a parade and a dance to be held on Hecla's Main Street. The events of the weekend promise to provide great opportunities to celebrate such a historic milestone. Most South Dakotans call small towns like Hecla home. Even 125 years after its founding, Hecla still exemplifies what it means to be a great South Dakota community. I am proud to publicly honor Hecla on this memorable occasion and congratulate the people of Hecla on their achievements.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, I wish to recognize the 125th anniversary of the founding of Langford, SD. Langford served historically as a city born from the railroads, and for many residents was the first stop to a new life on the prairie. Founded in 1886, Langford was settled as the Chicago, Milwaukee and St. Paul Railroad Company continued to lay their track across the prairie. Sam Denton originally surveyed the 190-acre plot overlooking the South Dakota countryside. John A. Edmunds' hardware store was the first business established in Langford. The store was delivered prebuilt as a shanty. The very next day a blacksmith shop was opened with several churches soon to follow. From its earliest days, Langford has been marked by a strong sense of community with residents gathering frequently in the Langford Opera House, now the Legion Hall. Langford at one time boasted five schoolhouses, and still continues this commitment to education with the Langford Area School District. Residents plan to celebrate the 125th with many activities, including a parade, car show, softball tournament, and a Sunday service. Main Street in Langford will be filled with the pride of all the residents from the area, past and present. A hundred twenty five years after its founding, Langford continues to be a vibrant community and a great asset to South Dakota. I am proud to honor the achievements of Langford on this memorable occasion.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I pay tribute to the 125th anniversary of the founding of Turton, SD. This small town in Spink County embodies the very values that South Dakota was founded upon. Named after Joseph Turton, one of the town's first settlers from England, the town was founded in 1886 and formally incorporated in 1907. Situated along the Groton branch of the Chicago Northwestern Railroad, Turton was originally established as a railroad town. The railroad was essential to the development of the vibrant town as it provided necessary supplies and a means to transport goods. Today, Turton is best known for their beautiful Catholic church, which was built in 1893, and is still in use today. Residents of Turton will kick off the town's quasquicentennial celebration and their annual St. John's Day with the Turton Community Golf Tournament, street dances, games, and banquets. To wrap up a fun filled weekend, Turton has planned a Sunday morning mass and breakfast. Small towns like Turton symbolize what it means to be a South Dakotan community. I am pleased to recognize the achievements of Turton, and to offer my congratulations to the residents of the town on this historic milestone.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I wish to recognize the community of Bryant, SD, on reaching the 125th anniversary of its founding. Bryant is a community-oriented town located in Hamlin County and will be celebrating its quasquicentennial the weekend of June 24 to 26. Founded in 1887 upon the completion of the Chicago, Milwaukee, and St. Paul railroads, the small town embraced its origins and was named after the local railroad official. Bryant prides itself on its fire preparedness and is home to a dedicated volunteer fire department. The importance of community to the town is evident in the presence of their well-maintained auditorium and parks which host town gatherings, baseball games, dances, craft fairs, and suppers. Bryant will celebrate this milestone with many activities including a car and tractor show, a parade, and even fireman's games. South Dakota is built on the values and spirit of small communities like Bryant. It is because of our small tight-knit communities that many choose to call South Dakota home. I congratulate the citizens of Bryant on their accomplishments over the last 125 years and look forward to seeing their future endeavors.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, I rise today to discuss two amendments to the underlying bill: amendment No. 411 offered by Senator McCain and amendment No. 476 offered by Senators Feinstein and Coburn. I oppose these amendments. Abruptly pulling support for ethanol, as these amendments attempt to do, runs counter to vital efforts to reduce dependence on foreign oil. The ethanol industry supports over 400,000 American jobs, offers consumers a choice at the pump, lowers fuel prices, and displaces millions of gallons of foreign oil with a homegrown alternative. Amendment No. 476, offered by Senators Feinstein and Coburn, would eliminate the blender tax credit for the use of ethanol and end the tariff on imported ethanol that ensures tax incentives are limited to domestically produced renewable fuels. Senator McCain's amendment, No. 411, would block federal efforts to promote ethanol blender pumps or ethanol storage facilities. Last fall, Agriculture Secretary Vilsack announced a goal of installing 10,000 blender pumps nationwide over 5 years to help give consumers a choice at the pump. Senator McCain's amendment would end this type of important initiative to promote renewable fuel infrastructure. While I support responsible efforts to reform and significantly reduce the cost of tax incentives for ethanol, we must focus on developing our ethanol infrastructure that will facilitate the transition toward advanced biofuels and cellulosic ethanol. The renewable fuels industry, and ethanol in particular, has played an important role in addressing our energy needs. Our support of renewable fuels to date has brought us to a point where ethanol displaces millions of gallons of oil. Unfortunately, this amendment would not only hinder our existing ethanol industry, but it would also stall the development of the next generation of biofuels like cellulosic ethanol. Ethanol also has been shown to reduce prices at the pump. A recent study by the Center for Agricultural and Rural Development, CARD, found that the increased use of ethanol reduced wholesale gasoline prices by an average of $0.89 per gallon in 2010. At a time when high fuel prices are having a detrimental impact of the budgets of millions of Americans, it is important that we not hastily take steps that will further increase those prices. Rather than voting to abruptly end the current incentives for ethanol, I have worked with colleagues on an alternative proposal that would transition from the existing blender credit to targeted investments, while also reducing the deficit. This effort, led by Senators Klobuchar and Thune, would end the current form of the volumetric ethanol excise tax credit and redirect a portion of the estimated savings toward deficit reduction and the remaining toward renewable fuels infrastructure, a safeguard credit for ethanol should oil prices fall below certain points, and continued support for small producers and development of advanced biofuels. I support efforts to reform incentives that promote our renewable fuels industry and reduce the deficit, but I oppose these amendments. I hope that my colleagues will continue to discuss further alternatives that ensure we continue to have a strong renewable fuels industry. I yield the floor and suggest the absence of a quorum.

Mr. JOHNSON of South Dakota. Yes, that is correct. My understanding is that HUD has been working to determine the impact of a change in how interest is accrued on FHA loans and the Department is committed to working with the junior Senator from Maryland on this issue. At the Banking Committee, my staff and I will also continue to study the issue and work with the Senator's staff and various stakeholders to discern the impact that such a change would have on interest rates and on the mortgage-backed securities market. With help from the Department and the junior Senators from Maryland and Georgia, we will move this process forward to bring about the best outcome for FHA borrowers. I want to assure the junior Senator from Maryland that I share his concern for FHA borrowers and am committed to pursuing policies that protect borrowers while also ensuring robust real estate and mortgage markets. I thank my colleague for bringing this issue to the attention of the Senate and I look forward to working with him.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I join Senator Shelby and other senior Senators to introduce the Libyan Assets for Humanitarian Relief Act of 2011, designed to explicitly authorize the President to confiscate and distribute some of the assets of Muammar Qaddafi's government to be used to provide urgent humanitarian relief for the people of Libya. This issue lies within the jurisdiction of the Committee on Banking, Housing and Urban Affairs because it involves frozen assets being held by U.S. banks and other financial institutions. We are joined by Chairman Kerry of the Senate Foreign Relations Committee, Armed Services Committee Chairman Levin and Ranking Minority Member John McCain, and Homeland Security and Government Affairs Committee Chairman Lieberman as original cosponsors of this measure. A few weeks ago the President's senior advisors from the Treasury Department, the State Department, and the White House came to Congress and provided draft legislation to explicitly authorize the President to seize and vest the Qaddafi government's assets to be used to benefit the Libyan people. This measure is an updated version of that legislation, imposing certain conditions on that authority, and providing for certain reporting, tracking and auditing requirements on the use of the funds. Currently, there are approximately $36 billion in Libyan Government assets in banks and other financial institutions subject to the jurisdiction of the United States, both here and abroad. According to the Treasury Department, a little over $8.1 billion is physically present in the U.S.--and of that, a little over $200 million is in cash and available for immediate seizure and use to support humanitarian efforts in Libya. This measure would allow for confiscation of up to $8 billion of the Qaddafi government's assets--plus an additional $2 billion if necessary to avert an imminent humanitarian emergency. The bill provides for the confiscation and distribution of the funds in two batches--the first $4 billion could be seized, vested and distributed upon the bill's enactment, and a second $4 billion could be confiscated and released after a 30-day notification period designed to give Congress an opportunity to deny the seizure of the funds via enactment of a joint resolution of disapproval. The additional $2 billion could be released upon certification of a humanitarian emergency. Notwithstanding how my colleagues feel about the current military situation, or U.S. involvement in Libya--and I know there is a wide range of opinions in Congress on that issue, which we'll likely debate on the Senate floor soon--one thing is clear: in the wake of continuing violence perpetrated by the Libyan regime against its own people, there is a real, urgent and growing need for humanitarian relief and assistance. The U.S. has already provided tens of millions of dollars of its own funds in relief aid for Libya's citizens, and last week pledged additional aid. This bill would simply authorize the confiscation of certain assets of the Government of Libya, already frozen by the U.S. government under existing legal authorities, to be used to provide additional humanitarian relief to meet urgent needs there. It would effectively give the true owners of these assets--the Libyan people-- access to some of their own money to provide relief for Libya's citizens. The bill authorizes the President to seize and distribute these assets. I understand the Administration intends the funds to be overseen by the State Department, and to go mainly through non- governmental humanitarian relief and development organizations currently active in Libya; this measure ultimately allows the President to decide who the recipients are, with some limitations. It also requires that the funds be used only for purposes related to humanitarian relief, consistent with UN Security Council resolutions on this matter, and imposes a set of accounting, recordkeeping and Congressional reporting requirements on the funds. It requires that the funds not go to anyone or any organization whose assets are blocked under U.S. law, or those identified as terrorists or affiliated with terrorist organizations, or those complicit in human rights abuses. It also provides the President with powerful investigative and penalty authorities, to ensure appropriate distribution of the funding and to combat any potential fraud in the distribution of aid. The Administration has made clear that such assets would be disbursed only through partners that meet U.S. legal and policy standards that the United States generally applies to the provision of assistance, including those relating to human rights and transparent oversight of the disbursements. While these are not U.S. taxpayer funds, I believe we still have a fiduciary responsibility for its efficient and effective distribution, and that's why we have imposed these important accountability measures. Such seizure of another government's assets is not unprecedented. In the past, the U.S. government has seized and frozen the assets of other governments with whom we were involved in a conflict, going all the way back to World War I. The latest example is when we seized and used a portion of Iraqi government assets in 2003 to provide urgent reconstruction assistance and other forms of support for the people of Iraq. I hope we can move quickly on this legislation to authorize the release of these funds and show that Congress and the Executive branch are working together on this issue and that despite our differences on U.S. military action there we can act promptly and decisively to provide needed humanitarian assistance to the people of Libya. I urge my colleagues to join us in this effort. Mr. President, I ask unanimous consent that the text of the bill and a letter of support be printed in the Record.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I join Senator Shelby and other senior Senators to introduce the Libyan Assets for Humanitarian Relief Act of 2011, designed to explicitly authorize the President to confiscate and distribute some of the assets of Muammar Qaddafi's government to be used to provide urgent humanitarian relief for the people of Libya. This issue lies within the jurisdiction of the Committee on Banking, Housing and Urban Affairs because it involves frozen assets being held by U.S. banks and other financial institutions. We are joined by Chairman Kerry of the Senate Foreign Relations Committee, Armed Services Committee Chairman Levin and Ranking Minority Member John McCain, and Homeland Security and Government Affairs Committee Chairman Lieberman as original cosponsors of this measure. A few weeks ago the President's senior advisors from the Treasury Department, the State Department, and the White House came to Congress and provided draft legislation to explicitly authorize the President to seize and vest the Qaddafi government's assets to be used to benefit the Libyan people. This measure is an updated version of that legislation, imposing certain conditions on that authority, and providing for certain reporting, tracking and auditing requirements on the use of the funds. Currently, there are approximately $36 billion in Libyan Government assets in banks and other financial institutions subject to the jurisdiction of the United States, both here and abroad. According to the Treasury Department, a little over $8.1 billion is physically present in the U.S.--and of that, a little over $200 million is in cash and available for immediate seizure and use to support humanitarian efforts in Libya. This measure would allow for confiscation of up to $8 billion of the Qaddafi government's assets--plus an additional $2 billion if necessary to avert an imminent humanitarian emergency. The bill provides for the confiscation and distribution of the funds in two batches--the first $4 billion could be seized, vested and distributed upon the bill's enactment, and a second $4 billion could be confiscated and released after a 30-day notification period designed to give Congress an opportunity to deny the seizure of the funds via enactment of a joint resolution of disapproval. The additional $2 billion could be released upon certification of a humanitarian emergency. Notwithstanding how my colleagues feel about the current military situation, or U.S. involvement in Libya--and I know there is a wide range of opinions in Congress on that issue, which we'll likely debate on the Senate floor soon--one thing is clear: in the wake of continuing violence perpetrated by the Libyan regime against its own people, there is a real, urgent and growing need for humanitarian relief and assistance. The U.S. has already provided tens of millions of dollars of its own funds in relief aid for Libya's citizens, and last week pledged additional aid. This bill would simply authorize the confiscation of certain assets of the Government of Libya, already frozen by the U.S. government under existing legal authorities, to be used to provide additional humanitarian relief to meet urgent needs there. It would effectively give the true owners of these assets--the Libyan people-- access to some of their own money to provide relief for Libya's citizens. The bill authorizes the President to seize and distribute these assets. I understand the Administration intends the funds to be overseen by the State Department, and to go mainly through non- governmental humanitarian relief and development organizations currently active in Libya; this measure ultimately allows the President to decide who the recipients are, with some limitations. It also requires that the funds be used only for purposes related to humanitarian relief, consistent with UN Security Council resolutions on this matter, and imposes a set of accounting, recordkeeping and Congressional reporting requirements on the funds. It requires that the funds not go to anyone or any organization whose assets are blocked under U.S. law, or those identified as terrorists or affiliated with terrorist organizations, or those complicit in human rights abuses. It also provides the President with powerful investigative and penalty authorities, to ensure appropriate distribution of the funding and to combat any potential fraud in the distribution of aid. The Administration has made clear that such assets would be disbursed only through partners that meet U.S. legal and policy standards that the United States generally applies to the provision of assistance, including those relating to human rights and transparent oversight of the disbursements. While these are not U.S. taxpayer funds, I believe we still have a fiduciary responsibility for its efficient and effective distribution, and that's why we have imposed these important accountability measures. Such seizure of another government's assets is not unprecedented. In the past, the U.S. government has seized and frozen the assets of other governments with whom we were involved in a conflict, going all the way back to World War I. The latest example is when we seized and used a portion of Iraqi government assets in 2003 to provide urgent reconstruction assistance and other forms of support for the people of Iraq. I hope we can move quickly on this legislation to authorize the release of these funds and show that Congress and the Executive branch are working together on this issue and that despite our differences on U.S. military action there we can act promptly and decisively to provide needed humanitarian assistance to the people of Libya. I urge my colleagues to join us in this effort. Mr. President, I ask unanimous consent that the text of the bill and a letter of support be printed in the Record.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I join with my colleague and friend from Iowa, Chuck Grassley, in introducing the Rural America Preservation Act of 2011, which will provide for common- sense, meaningful farm program payment limitations. Particularly given our country's budgetary constraints, this is a straight-forward and fiscally responsible proposal that would target our farm program payments and safety net. The current farm program payment structure has, quite frankly, failed rural America. According to the United States Department of Agriculture's Economic Research Service, in 2008, the largest 12.4 percent of farms received 62.4 percent of farm program payments. The current rules permit the most capitalized farming corporations to receive massive subsidies and deprive small and medium-sized family farmers of the opportunity to thrive. The farm bill is intended to provide programs that function as a safety net for farmers, in contrast to the cash cow they've become for a few producers. It is important that we maintain a safety net for producers, but such a system must be targeted to family farmers instead of large agribusinesses. The 2008 farm bill took some important first steps in strengthening the integrity of our farm programs. Under the law, anyone making more than $500,000 in non-farm Adjusted Gross Income will not receive farm payments and producers making over $750,000 AGI will lose their direct payments. Additionally, the law eliminates the triple-entity loophole and farm payments now go directly to an individual, rather than a corporation or general partnership, through direct attribution. I support direct attribution and elimination of the triple-entity loophole; however, I believe these provisions should have been much stronger and I have consistently pressed for a hard payment cap of at least $250,000. The bill we introduced today would finally provide for meaningful payment limitations and ensure that assistance goes to small and medium-sized family farms. Our legislation includes several specific limits. Direct payments would be capped at $20,000 per producer and counter-cyclical payments would be limited to $30,000. Additionally, the bill would establish a cap of $75,000 on loan deficiency payments, LDPs, and marketing loan gains. There is currently no cap on LDPs and marketing loan gains, essentially meaning there is no effective payment limitation. Just as important as establishing a hard payment limitations cap is how we define whether an individual is actively engaged in the operation of a farm. Current law lacks a defined active management test, and therefore someone could participate in no more than a yearly conference call and be eligible to receive payments. Our bill closes the management loophole which has allowed ``paper partners'' to collect payments without contributing any real or meaningful role in the operation. This proposal will improve the management standards determining payment eligibility by requiring that management be provided on a regular, substantial, and continuous basis through direct supervision and direction of the operations of the farm. These are reasonable and common-sense requirements which seek to further ensure the integrity of the farm safety net. Agriculture is the economic engine that drives our rural communities, and without viable family farmers, our small towns and Main Street businesses throughout South Dakota would face significant financial hardships. I am proud to join with my friend from Iowa, Senator Grassley, who has also been a longtime champion of family farmers, in introducing this important legislation.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, I want to express my support for the amendment by Senator Tester. Last year when Congress passed the debit interchange fee provision, I opposed the measure. I was not convinced that the provision would work for small banks and credit unions, and I was not convinced that the benefits would be passed on to consumers. My thinking has not changed. Throughout this debate many studies have been cited, but none of those studies looked at the questions we have before us today--will a two-tier system work for small banks, credit unions, retailers and consumers, and what will the impact be on debit card users? I remain concerned about the debit interchange provision. As I suspected last year, finding a workable solution is not easily or quickly accomplished. As the Fed has worked on this issue and released its rule for public comment, it has become clear that there are many concerns about the rule's impact on consumers, small banks and credit unions. Chairman Bernanke and other regulators have voiced these concerns several times in recent months at hearings before the Banking Committee, which I chair. While there may be a need for debit interchange reform, it should be done right. This amendment by Senator Tester will give the Fed and other agencies more time to study this issue to find a workable solution, especially the small bank exemption that is intended to allow the community banks and credit unions to continue to serve consumers all across America. Let's be clear, the Tester amendment does not repeal the debit interchange provision, it simply asks for more time to study and get it right. I thank Senator Tester for his efforts to help produce a bipartisan compromise that works for our community banks and credit unions. Just like in his home State of Montana, the community banks and credit unions are important to my constituents in South Dakota. As we saw in the last Congress, Senator Tester is an effective legislator who does a great job building bipartisan consensus, and this latest effort of his is another commonsense proposal that bridges the gap on a complicated financial issue. Debit cards are important to consumers and to the retail industry. This is not about picking sides--this is about creating a functioning payment system that works for all stakeholders. And I believe Senator Tester's amendment will help us accomplish the goal of getting this right. I encourage my colleagues to support Senator Tester's amendment.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Madam President, suspicious activity reports, or SARs, are just what they seem--reports by banks and other financial institutions when they come across obviously suspicious activity by one of their customers. They have been, and continue to be, valuable lead information for law enforcement in investigating and prosecuting terrorism, major money laundering offenses, and other serious crimes. The Bank Secrecy Act authorizes Treasury to require financial institutions to report suspicious activity to law enforcement. In response, the Treasury Department has created an extensive and effective system for banks, casinos, securities firms, money service businesses, and other financial institutions to file SARs that are regularly reviewed by law enforcement. SARs are used by the FBI, organized crime units, drug trafficking task forces, border security, Secret Service, State and local police, and more. They have enabled the prosecution of a great number of serious crimes over the years. Law enforcement agencies use SAR data daily to fight terrorist financing, money laundering, drug trafficking, corruption, financial fraud, mortgage fraud, and illicit money flows of all types. A 2009 GAO report gave these examples of how SARs are used: FBI includes SAR data in its Investigative Data Warehouse to identify ``financial patterns associated with money laundering, bank fraud, and other aberrant financial activities.'' It uses SAR data to investigate ``criminal, terrorist, and intelligence networks.'' The Organized Crime Drug Enforcement Task Force's Fusion Center combines SAR data with other data to ``produce comprehensive integrated intelligence products and charts.'' The IRS uses SARs to identify ``financial crimes, including individual and corporate tax frauds, and terrorist activity.'' The Secret Service uses SAR data to ``map and track trends in financial crimes.'' Sharply restricting current law and longstanding practice, this amendment would only authorize the reporting of SARs after a law enforcement agency makes a specific request of a bank, money service business, or other entity, which would in turn require a demonstration that suspicious activity already exists, rendering a SARS filing moot. It would basically turn SARs reporting upside down by requiring law enforcement to establish the basis for an investigation before requesting a SAR, rather than relying upon a SAR to initiate or supplement an investigation that would then lead to a search warrant or subpoena. So instead of being used as leads, flagging drug or terrorism-related or money laundering activity for law enforcement, under the amendment SARSs would simply confirm suspicious activity. That would severely degrade their value, which is to make law enforcement aware of potential criminal activity. If the United States were to disable its SAR reporting system by requiring individual requests for SAR reports, it would invite the worst of criminals to misuse U.S. financial institutions for their schemes, knowing their activities would not automatically be reported to law enforcement. It makes no sense, especially in a context where there is no serious claim that these legal authorities have been misused. How does the system work now, as a practical matter? Let's say a drug dealer comes into a bank with $9,000 in cash and the cash reeks of marijuana. Under current law, the teller is trained to flag that transaction, and compliance officers in the bank's back office would assess it and likely file a SAR, to be examined by law enforcement. Let's say that the same person does this in four or five banks in town that same afternoon, with the same amounts, structured to be just below reporting limits, reeking of marijuana. Now he is effectively laundered almost $50,000 in one day. I would say we at least want to know about that, and the system now enables that. Under this amendment, that would all go by the boards. Let's say the person is a terrorist conspirator or arms proliferator. Same scenario, only this time with a twist--a series of large structured cash deposits in a series of banks here on the same day, that are then the next day wired to the same overseas account in Pakistan or Afghanistan or Iraq, withdrawn by a coconspirator there, and used to buy IEDs to hit U.S. troops. Would we not want those transactions at least flagged by responsible bank officials and assessed for patterns? I think so, and I think my colleagues will agree. If the thresholds in this amendment were implemented, very few SARs would be filed because there would be no reason for law enforcement to request that SARs be filed after identifying suspicious activity by other means. Law enforcement would instead obtain a search warrant to obtain all relevant information--i.e., the underlying bank records-- from the financial institution. The amendment would also cause the United States to be in noncompliance with international anti-money laundering and terrorist financing standards--for instance, the recommendations of the Financial Action Task Force, FATF, which require suspicious activity reporting when a financial institution has reasonable grounds to suspect criminal activity. This is a very serious problem. For years other countries have looked to us for guidance and best practices on these issues. This amendment would make the United States an outlier bank secrecy jurisdiction. SARs themselves do not unreasonably impinge on personal privacy. The reports are confidential and cannot be used as evidence. They contain allegations that must be further investigated and proven before adverse action is taken by law enforcement. The reports are only made available to law enforcement, intelligence, and appropriate supervisory agencies under applicable authorities and are subject to the protections of the Federal Privacy Act. I urge my colleagues to oppose this unwise and ill-conceived amendment.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today, with great pride, I pay tribute to Michael J. Fitzmaurice who will be retiring at the end of the month after 24 years of service at the Sioux Falls, SD, VA Medical Center. Michael entered into service with the U.S. Army in October 1969. After completing his basic training at Fort Lewis, WA, and advanced individual training at Fort Knox, KY, he was deployed to Vietnam with the D-Troop 17th Calvary, 101st Airborne Division. Michael served with great distinction in Vietnam eventually earning our nation's highest award for valor, the Congressional Medal of Honor, for his heroic actions at Khe Sanh, Vietnam. Michael received an honorable discharge from the Army on April 7, 1972. In addition to the Medal of Honor, which he was awarded by President Nixon in November 1973, Michael received several other decorations for his uncommonly brave service to our Nation; including the Vietnam Service Medal with Bronze Star, Vietnam Campaign Medal, and the Purple Heart, among others. In recognition of his service, the South Dakota State Veterans Home in Hot Springs was renamed the Michael J. Fitzmaurice State Veterans Home in October 1998. Following his return from Vietnam, Michael met Patty Dolan, whom he married in July 1973. Michael and Patty would raise two sons, Michael Jr. and Brian. Eager to continue his service to our country after returning home, Michael joined the South Dakota Army National Guard 153rd Engineering Battalion in Huron, SD, in April 1973. Michael continued his service with the South Dakota Army National Guard until his discharge in April 1990. He joined the South Dakota Air National Guard in May 1990 and retired from military service in May 1992 after 23 dedicated years of service to his country. In addition to serving his country for 23 years in the military, Michael has dedicated his life to the service of his fellow veterans in South Dakota. He is retiring after 24 years of service as a plumber at the Sioux Falls VA Medical Center. He is a lifelong member of the Congressional Medal of Honor Society, Disabled American Veterans, Veterans of Foreign Wars, American Vets, and the 101st Airborne Association. Michael is a humble man. He is never one to flaunt his heroic actions, nor bring attention to his decorated military service. He would likely rather blend in the crowd with his fellow veterans than be singled out; however, on the occasion of his retirement from the Sioux Falls VA Medical Center, it is appropriate that he be publicly recognized. I commend Michael J. Fitzmaurice for his many years of dedicated service to the State of South Dakota and our nation. Michael, a grateful nation thanks you for your service. Best wishes on your retirement.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I recognize the 150th anniversary of the founding of one of South Dakota's great cities, Yankton. Located along the Missouri River, Yankton serves as the county seat of Yankton County and is a source of great history. Yankton, founded in 1861 and incorporated on May 8, 1862, was the original capital of Dakota Territory. The founders of Yankton derived the city's name from the Sioux expression E-hank-ton-wan, which means ``people of the end village.'' Yankton College, founded in 1881, was the first liberal arts college in Dakota Territory, providing the community with rich opportunities through higher education, continued today through Mount Marty College. Riverboat Days and the Summer Arts Festival are held every August in Yankton and bring visitors from all over the state to enjoy the scenic beauty and relaxing atmosphere the city has to offer. Yankton is an outdoor enthusiast's dream, offering access to hunting, fishing, golfing, parks, hiking trails, kayaking and canoeing, and other water recreation sports. The Gavins Point Dam makes the city's water recreation possible along with providing hydroelectric power. Yankton is home to the Dakota Territorial museum, which provides a glimpse of the rich history of the Dakota Territory and the events that shaped the Midwest itself. Yankton is also the hometown of perhaps South Dakota's most famous resident, Tom Brokaw, former anchor of the NBC Nightly News, a graduate from Yankton High School. Yankton is celebrating its sesquicentennial with a variety of artists playing a diverse selection of music. This three day concert event will honor the people that have made Yankton their home, from the first rugged settlers to the children of today. Yankton continues to be a vibrant community and a great asset to South Dakota. Yankton boasts a thriving economy, various tourist destinations, and tremendous opportunities for outdoor recreation. I am pleased to recognize the achievements of Yankton, and to offer my congratulations to the residents of the city on this historic milestone.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I wish to recognize the career of a dedicated public servant. Peter P. Henry is retiring as director of the Black Hills VA Health Care System in early July, concluding a career in Federal service that spans 41 years in the Department of Veterans Affairs. Peter has spent two lengthy stints at the helm of the Black Hills VA, totaling 16 years of service. I commend Peter for his dedication, professionalism and steadfast commitment to veterans and their families. I have always appreciated the efforts of the men and women who work in the Black Hills VA Health Care System and exemplify the VA's ``Veterans Come First'' mission. Patient satisfaction numbers have remained high during Peter's leadership at the Black Hills VA, a testimony to the dedicated work of the staff and administrators at the Hot Springs and Fort Meade facilities. Over his career, Peter has witnessed a number of changes in the VA system and has deftly guided and implemented these changes within the Black Hills VA. He worked to merge the Hot Springs VA and Fort Meade VA systems into one collective organization, the Black Hills VA health care system. This action provided a number of challenges including condensing dual missions at two campuses into one mission spanning two facilities. During his many years of service in the Black Hills, Peter has worked diligently to provide VA services to South Dakota veterans who would otherwise not receive such important care. The number of community based outreach clinics, CBOCs, in the Black Hills VA system has increased during Peter's tenure. Veterans living in rural and reservation areas of South Dakota have much better access to VA health care and specialty services through the CBOCs. The needs of rural and reservation veterans must continue to be addressed so that access to quality VA care is preserved and maintained. In 1995, Peter provided key leadership with the opening of the Rapid City Community Based Outreach Clinic, CBOC, at a small facility on the South Dakota National Guard's Camp Rapid campus. In a joint agreement between the Guard and the VA, veterans in Rapid City were able to save on mileage and receive routine levels of care. It wasn't long before VA officials realized that the facility was too small to meet the growing demands of veterans in the Rapid City area. A larger facility was opened near private community-based medical facilities. As Peter's career comes to a close, he continues to work to improve the Rapid City CBOC. Like many agencies, the VA has been asked to do more with less over the years. The Black Hills VA continues to face challenges as it works to meet the complex needs of our ever growing veterans population, including women veterans, younger veterans, veterans with traumatic brain injuries, post traumatic stress disorder and other illnesses. I commend Peter's ability to address these challenges and ensure that South Dakota's veterans are provided the quality care they deserve. I have always appreciated Peter's insight and input on issues impacting the VA Health Care System, the Black Hills VA, and veterans in general. I congratulate Peter on his many years of federal service and applaud him for his passionate work on behalf of veterans and their families. I wish Peter and his wife Sharon all the best in his retirement.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, I wish to speak today to honor the inception of the UH-72 Lakota Light Utility Helicopter into the active fleet of the South Dakota National Guard D Company 1/112th Security and Support Battalion. On May 15, a ceremony will be held at the Crazy Horse Monument in the Black Hills of South Dakota--the traditional homeland of the proud Lakota Sioux for whom this aircraft has been named. After nearly a decade of development, the Light Utility Helicopter program offers the UH-72 Lakota as a state-of- the-art aircraft which will provide medical support to members of our military. The UH-72 Lakota stands as a defining symbol of the continued partnership between the U.S. military and the Sioux people. Native Americans from all reaches of this Nation have proven, time and again, their willingness to serve in the U.S. military to protect our freedoms. In fact, members of Native American tribes like the Lakota have historically served, and continue to serve, at a higher per-capita rate than any other ethnic group in America. In its medical evacuation, homeland security, and drug enforcement aircraft capacities, I know the UH-72 Lakota will do this legacy proud, wherever it serves. Per Department of Defense regulations, military helicopters are named after Native American tribes, and the UH-72 joins the ranks of other distinguished service helicopters like the H-60 Black Hawk, the H-64 Apache, the H-66 Comanche, and many others. Naming the UH-72 after a tribe with such a distinct and honorable history of bravery and service is a tribute to Native American heritage as potent as the service the aircraft itself will provide. I commend the developers of this new aircraft for their hard work in the design and testing phases, as well as the pilots and crews whose input so critically enhanced the UH-72 as a finished product. I was pleased to have the opportunity to view the Lakota up close at a Rosebud Pow Wow a few years ago. I wish the pilots and crews of each of the D Company 1/112th Security and Support Battalion, as well as those serving in other regions, the best of luck with this new aircraft.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I wish to recognize the work and military service of COL Jeffrey Taliaferro, who is concluding a 2-year stint as commander of the 28th Bomb Wing, Ellsworth Air Force Base. During the past 2 years, Colonel Taliaferro has commanded the largest B-1 combat wing in the U.S. Air Force and will now move on to the Pentagon as Chief, Combat Forces Division at Headquarters, USAF-A8PC. Colonel Taliaferro's command tenure at Ellsworth Air Force Base is the latest in a long line of impressive assignments. He received his commission from the U.S. Air Force Academy in 1989 and has served in a variety of flying and staff positions. His staff experience includes positions with U.S. Air Force headquarters, Office of the Secretary of Defense, and U.S. Central Command. He is a command pilot with over 2,400 flight hours in the B-1 and T-38. During his 2 years at Ellsworth Air Force Base, a large number of base personnel have been deployed to support Operation Iraqi Freedom, Operation Enduring Freedom and Operation Odyssey Dawn, as well as numerous other missions. During my years in Congress, I have always been impressed with the high degree of patriotism, expertise, commitment and dedication of the Ellsworth personnel and the base's leadership command. Those qualities have been continued in the great leadership of Colonel Taliaferro. I have appreciated Colonel Taliaferro's work on a number of issues impacting Ellsworth Air Force Base and the Air Force in general. He has promoted and developed great relationships with the South Dakota congressional delegation and their staffs, with South Dakota State officials, Black Hills mayors and local officials, as well as the media and local citizens. He has worked to communicate the intricacies and details of a number of issues to officials and the general public, including the proposed expansion of the Powder River Training Complex, privatization of base housing to the local community, the status and effectiveness of the B-1 Lancer fleet, the status of the new MQ-9 mission at Ellsworth, and efforts to support deployed personnel and their families. Colonel Taliaferro has provided oversight on a number of infrastructure changes at Ellsworth during his command and has continued to enhance the great relationship between Ellsworth Air Force Base and the local communities. Few bases enjoy such a friendly working relationship with local businesses and the general public as Ellsworth does with the Black Hills communities, and I commend Colonel Taliaferro for his ability to promote this relationship. I have appreciated the insight and input from Colonel Taliaferro and his staff over the past 2 years. I have had the opportunity to visit the base on a number of occasions during Colonel Taliaferro's time at Ellsworth, and I appreciated his candor. He is a true patriot and a tremendous asset to the U.S. Air Force. I commend Colonel Taliaferro for his service to Ellsworth Air Force Base and wish him, Ellie, and their family all the best in future endeavors.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I recognize the 100th anniversary of the Bricklayers and Allied Craft Workers, BAC, Local 04 of South Dakota Local 04 has served the western region of South Dakota with a sterling dedication to the rights of its members. The Bricklayers and Allied Craft Workers is nationally recognized as the oldest continuous union serving both the United States and Canada. The Local 04 unites trowel trades craftworkers thoughout West River South Dakota. Throughout their existence, Local 04 has served the West River region of South Dakota with a steadfast commitment to its trade. Its membership has always been modest in size, today consisting of 72 members, yet the BAC is dedicated to protecting the working rights of its members. To date, Local 04 has negotiated fair wages, safe working conditions and retirement benefits. I applaud Local 04 for its dedication to ensuring its members' rights and working towards a higher quality of life. I am honored to recognize this historic milestone of 100 years.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. We thank the chairman and ranking member of the Committee on Finance, and agree that this unanimous consent agreement is designed only to apply to this nomination, and not to future nominees for this position.

Mr. JOHNSON of South Dakota

Mr. JOHNSON of South Dakota. Mr. President, today I wish to recognize and honor a South Dakotan who has been a tremendous advocate for rural education and has shown selfless dedication to ensuring thousands of students in South Dakota achieved their highest academic potential. At the close of this school year, Dr. Tim Creal will retire from the Custer School District, where he has served as superintendent for 10 years. Tim began his career as an educator in the Faith School District in 1979. After teaching in Faith, SD, he spent nearly 20 years with the New Underwood School District, working first as a high school math teacher and coach for 10 years. He then served as an elementary principal, special education director, and superintendent for the school district. In 2001, Tim moved to Custer, SD, to serve as the superintendent for the Custer School District. Tim earned his bachelor's degree in mathematics education at Black Hills State University, BHSU, a university known for its exceptional education program. Last year, Tim was honored with the BHSU Excellence in Education Alumni Award, which is an award to honor an alumnus' outstanding contributions to the field of education. Tim is a national leader and advocate for rural education. In 2001, Senator Tom Daschle appointed him to the Forest Counties Payments Committee, where Tim served for 7 years and helped oversee the implementation of the Secure Rural Schools and Community Self- Determination Act. Tim currently is on the board of the National Forest Counties and Schools Coalition. Additionally, Tim is actively involved with the Impact Aid Program and serves as secretary of the Section 8002 Federal property group for the National Association of Federally Impacted Schools, NAFIS. As a founder of the Senate Impact Aid Caucus, I have appreciated working with Tim to ensure children living in rural areas and enrolled in federally impacted schools receive a high-quality education. Over the years, I have enjoyed working closely with Tim on issues of great importance to education in South Dakota and have greatly valued Tim's insight and expertise. I commend Tim for his stewardship and involvement with the Secure Rural Schools and Impact Aid programs. Tim is currently in Washington, DC, for the annual spring NAFIS conference, and I would like to take this opportunity to thank him for his service to our State and Nation. As Tim prepares to retire from the Custer School District, I wish him, as well as his wife Darla, all the very best. I am deeply appreciative of Tim's years of service to students in South Dakota and for helping prepare our State's next generation of leaders.