Tim Johnson

Mr. JOHNSON

Mr. JOHNSON. Mr. President, with great honor and pride, today I pay tribute to a retiring member of the Fourth Estate in my home State of South Dakota. David Kranz is retiring after a journalism career that has spanned 42 years, an impressive mark in any profession but most certainly in the newspaper field. David, the son of Wilfred and Sally Kranz, was born November 3, 1945. After attending Holy Rosary Grade School in Kranzburg, he graduated from Watertown High School and obtained his degree in journalism in 1968 from South Dakota State University. David began his career by spending 8 years as a city reporter and city editor at the Austin Daily Herald in Minnesota, where he began penning a political column. It would be that political column that would define and shape David's journalism career. He left Austin in 1976 and moved back to his beloved home State of South Dakota to become managing editor of the Mitchell Daily Republic, a position he held until 1983 when he left to work for South Dakota's largest newspaper, the Sioux Falls Argus Leader. From executive city editor and managing editor to reporter and columnist, there wasn't much David didn't witness, or comment on, during his 24 years with the Argus Leader. Dave Kranz ranks with other widely known and popular journalists from South Dakota, including Tom Brokaw, Al Neuharth and Ken Bode. People in political circles valued Dave's wit and wisdom, his speculation and satire, his candor, and commentary. David received the National Scripps-Howard Public Service Reporting Award at the National Press Club. He also has earned numerous state and national awards, was recognized for countless individual stories, and was presented with the SDSU Distinguished Alumni Award. There is perhaps no better tribute to a person than to listen to the heartfelt words of one's peers. Here are just a few of David's contemporaries in the journalism world and what they have to say about this dedicated writer. ``Dave is the heart and conscience of South Dakota journalism. He was a walking databank of history, trends and current events long before the term was invented. Dave has a special knack for telling the stories of real South Dakotans and giving them the dignity and devotion they deserve. He has a gift of friendship that transcends his craft and puts him on a first-name basis with people all over the state,'' says Chuck Raasch of the Gannett News Service. Distinguished professor Robert Burns of the South Dakota State University and the University of South Dakota, said of Dave, ``He enjoys a high readership because of the quality and timing of his reporting. David's column is consistently timely and accurate because he has cultivated an excellent professional relationship with the leading political actors and political observers in our state. Political actors are candid in their discussions with him because they know he will be fair in his reporting of political developments and news.'' Sioux Falls Argus Leader publisher Randell Beck says, ``Dave is the hardest working journalist I know. He's often at work when I arrive-- hunkered down, on the phone, in his cubicle that is eternally overstuffed with reports, stacks of old papers, scrawled notes on napkins--and he's often there when I leave.'' I am among those who have long valued Dave's political instincts, wit and wisdom. During my years in the State legislature and in Congress, I missed very few of his political columns. I always knew Dave would be well prepared when he interviewed me. Over his career, David has interviewed every national political candidate and office holder who came to South Dakota. David was always fair and honest in his reporting. David and I would frequently meet for coffee where it was often more interesting to hear the political news from him directly rather than waiting for his column to appear in the paper. I sometimes got more out of those coffees than he did from me. But most importantly, I valued his friendship and insight. I know he will have more time now to add to his impressive collections of baseball cards and political buttons. He may also find more time to follow his beloved Atlanta Braves. Thank you, David, for sharing your career with the newspaper readers and the citizens of South Dakota--a career filled with professionalism and dedication. You are a true credit to your craft.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I recognize ECCO, Inc., a wonderful organization based in Madison, SD, that provides support services for people with disabilities. ECCO has steadily grown in the last 35 years to become a thriving center for employment and housing assistance. In its beginning, the organization was a day program serving four individuals; however, with hard work and a devotion to serving others, ECCO has grown dramatically. Currently it is able to provide a 24-hour support staff to individuals throughout the community. ECCO's 91 full- time and part-time employees work to see that all individuals are able to maintain their independence. Sixty-eight people receive services from ECCO, and half of those live in ECCO housing. With three group homes and an apartment building, ECCO strives to make sure all citizens are able to have their own lives. To celebrate reaching its 35th anniversary, ECCO will have an open house August 6 with tours of the main building. I am proud to recognize this organization and all the people who have made it a success. The goals of ECCO are praiseworthy, and I am thankful we have such a wonderful organization serving the Madison area.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I honor the community of Fedora, SD, and to recognize the 125th Territorial Day. Situated in Miner County, Fedora is a testament to the great State of South Dakota. From its beginnings, agriculture and small businesses have played an instrumental role in the livelihood of Fedora. Fedora was originally named after the daughter of a founding railroad executive. Upon the completion of the railroad, the town of Fedora slowly flourished. A creamery, grocery store and the Farmers Purchasing and Shipping Company gradually urbanized the town's landscape. Over time, small businesses have come and gone, however, the town's bond to agriculture is unwavering. The 125th anniversary celebration will be held July 24, 2010, kicking off with Ghost Parade. More activities include a road race, Jaws of Life demonstration, antique/history display, supper pie auction and a dance. People of all ages will be able to take part in the day's activities. I am proud to publicly congratulate the community on this achievement. As the people of Fedora take this opportunity to appreciate and reflect on how far the town has come from its beginnings, I know they understand the important role Fedora plays in making South Dakota a great State to live.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I pay tribute to the 100th anniversary of Faith, SD. Faith is a strong community, and I am proud to represent them. When the railroad announced its plan to settle a community at the edge of the Cheyenne Sioux Indian Reservation, settlers rushed to the area. Businesses sprung up before the town was officially mapped out. The railroad decided to plot the town south of the tracks so the town would expand into Meade County. Even after the drought in 1911, Faith continued to grow, making changes to its approach to farming and ranching. When the water supply was low in 1946, the town began shipping in water from Mobridge, and started constructing a water filtration plant. Faith is also known for the 1990 discovery of Sue, the most complete and best preserved Tyrannosaurus rex ever found. Sue is now on display at the Field Museum in South Dakota. One hundred years after its founding, Faith holds its history close while continually looking to the future, demonstrating what is great about South Dakota, and why I am proud to call this great State home.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I recognize the town of Vienna, SD, on reaching its 125th anniversary. Throughout its history, this small, rural community in Clark County has faced many hardships yet it still remains a strong town, and I congratulate the people of Vienna for all that they have accomplished. Vienna was founded in 1887 along the Milwaukee railroad. Named by the Austrian founders after Vienna, Austria, this small town quickly grew as a result of daily freight and passenger trains. Unfortunately, a fire in 1913 destroyed six buildings on Main Street, slowing down the progress of the town. However, Vienna persevered and rebuilt two brick buildings which housed a meat market and a drug store. In 1937, a new elevator was built by the Vienna Grain Company, which greatly enhanced the community. Residents of Vienna will kick off their July 30-August 1 celebration with a lawnmower only poker run followed by the Fireman Olympics, threshing bee, all-school reunion, dance, and conclude with a Sunday morning service at Bethlehem Lutheran Church. I am proud to honor Vienna, a town that contributes so much to the identity of rural South Dakota, for its historic milestone.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today i pay tribute to Clarence Wolf Guts who passed away on June 16, 2010, at the South Dakota State Veterans Home at the age of 86. Clarence was the last surviving Lakota Code Talker. Code talkers played a crucial role in World War II in communicating positions and messages that the enemies could not decipher. Their contributions to the war effort are immeasurable. Clarence enlisted in the Army at age 18 and was the personal code talker for MG Paul Mueller, commander of the U.S. Army's 81st Infantry. He traveled with General Mueller and the 81st as the division moved from island to island during the fight against the Japanese during World War II. Clarence did not seek the limelight; he simply served his Nation honorably. In later years, Clarence became a spokesman among tribal elders and traditional leaders about the importance of keeping Native languages alive for future generations. He was very proud to be a veteran, a full-blooded Lakota, and a Lakota speaker. I had the pleasure of meeting Clarence at a ceremony honoring him in 2006 on Capitol Hill. Clarence is one of many South Dakotans who make us proud with their service to our Nation. Our nation owes him a debt of gratitude, and the best way to honor his life is to emulate his commitment to our country. Mr. President, I join with all South Dakotans in expressing my deepest sympathy to the family of Clarence Wolf Guts. He will be missed, but his service to our Nation will never be forgotten.

Mr. JOHNSON

Mr. JOHNSON. Madam President, I rise today to recognize the 20th anniversary of the enactment of the Americans with Disabilities Act. This legislation, signed into law on July 26, 1990, marked a historic affirmation of the principles of equality and inclusion upon which our country was founded. I was proud to cosponsor this legislation as a Member of the House of Representatives, and I am proud of the strides made since that time in protecting and defending the civil rights of citizens with disabilities. When the law was enacted, many Americans believed that it was an impossible dream that all street crosswalks should be wheelchair accessible. Employers feared the prospect of having to make ``reasonable accommodation'' for their employees and customers with disabilities. Frankly, some people found it unthinkable that disabled people would be able to fully participate in our society. I am pleased to report that the past 20 years have proven them wrong. Thanks to the ADA, disabled people across the Nation are better able to engage in their community, contribute to their workplace, and achieve their educational goals. While the ADA increased accessibility to public places and addressed physical barriers, it also changed the landscape of opportunities available to Americans of all abilities. Attitudes have shifted to recognize people for their abilities and talents, rather than their differences. These advances have contributed to the growth of productivity in our Nation and have brought an entirely new realm of perspectives and ideas into the workplace. As millions of Americans have received fair treatment because of these laws, so has our Nation benefitted through increased growth and productivity in our workforce. Last Congress, I was pleased to cosponsor and support the passage of the ADA Amendments Act of 2008 to ensure the intent and protections of the ADA were realized. This law extends protections from workplace discrimination to cover a broader universe of persons living with disabilities. I have supported efforts to expand home and community- based services to ensure individuals can access the necessary health and assistive services while still living in their homes. I am pleased the health reform bill included these efforts, as well as other provisions to increase long-term care choices. And yet with all this progress, there is still work left to be done. The disabled community still faces barriers in accessing quality health care, obtaining appropriate education, finding meaningful employment opportunities, and securing financial independence. The rising price of health care has placed financial pressure on all Americans. These increased costs put additional strain on disabled working Americans when their earnings become a liability rather than an asset. Individuals should have the opportunity to contribute their time and talents without jeopardizing their health insurance benefits and challenging their incentive to work. Our policies should encourage vocational promotion, self-sufficiency, and financial independence. Many areas of our country lack reliable and accessible transportation for individuals with a disability. As we all know, without reliable transportation it is difficult to commute to work, the local grocery store, or even the doctor's office. Other obstacles in education, telecommunication, and accessible and affordable housing prevent individuals with a disability from contributing fully to their community. As our attitudes and environments continue evolving, we must work to ensure the advances made over the last 20 years continue to move us forward.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I pay tribute to the 125th anniversary of the population center of our State, Gann Valley. This community, just 15 minutes away from the Missouri River, is the county seat of Buffalo County. Gann Valley was named after Herst Gann, one of the area's pioneers as well as the publisher of one of two local newspapers. Gann also donated the courthouse when the town was founded on January 14, 1885. Since the railroad never came through, a freight line made three trips a week to neighboring Kimball to bring in goods for the town and ship out the products from the town's creamery. Gann Valley will spend Saturday, July 31, celebrating this historic milestone. A wagon train will arrive in the morning to kick off the festivities, followed by a parade, games, a dance, and more. Small towns like Gann Valley are the backbone of South Dakota, and I am proud to recognize the people who live in and around this great community.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I pay tribute to the 100th anniversary of Timber Lake, SD, on the Cheyenne River Sioux Indian Reservation. The county seat of Dewey County, this small town embodies South Dakota values. Originally established by the Secretary of the Interior, the land plots were so popular that 1,000 people camped out when the land went on sale. The town grew quickly with many ``tent stores'' springing up. Settlers arrived before the railroad did, so building materials were brought in by wagon. The Milwaukee Railroad quickly realized the demand for a railroad through Timber Lake, and by May, trains were reaching the thriving new town. Timber Lake officially incorporated in February 1911. The census in 1920 showed a population of 555, making it officially a city of the second class. In the early 1920s, sewer lines were laid for a town septic system. The digging machine unearthed a metal object, which was put in the bank. Upon further examination, and after it was cleaned, it was determined to be a sculpture of two hands clasping a rose branch with a snake winding through the hands. The origin of this unexpected find is still unknown. To honor its 100 year anniversary, the Timber Lake community is having a ``Days of 1910'' celebration, complete with a banquet, a talent show and play, and a viewing of 4-H exhibits. I am proud to recognize them on their historic milestone, and I look forward to seeing what else this great town accomplishes.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to introduce legislation with my friend, Senator Mike Crapo of Idaho, that will exempt Veterinary Medicine Loan Repayment Program, VMLRP, awards from Federal income taxation. I drafted this bipartisan bill with the intention of increasing veterinary services in underserved shortage areas that lack adequate veterinary expertise. The United States Department of Agriculture's, USDA, Veterinary Medicine Loan Repayment Program was authorized in 2003 by the National Veterinary Medical Services Act, NVMSA, to help qualified veterinarians offset a significant amount of the debt they accrue while pursuing their degrees if they in turn serve in high-priority veterinary shortage areas for a certain length of time. It also authorizes additional loan repayments for service in Federal emergency situations. However, the awards are currently taxed at a rate of 39 percent. This taxation is counterproductive and only delays delivery of veterinary services to areas that are in desperate need. In determining whether an area is eligible for assistance under the VMLRP, USDA has the ability to declare ``shortage situations,'' in which the Department makes declarations of veterinary shortage areas. Currently, there are two circumstances that lead to such designations. The first is by geography, when a given geographic area suffers a shortage of veterinarians overall. The second occurs when areas suffer a shortage of veterinarians who practice in a particular field of veterinary specialty. My home State of South Dakota currently has four designated shortage situations. Two of these designations are statewide designations noting a shortage of practitioners in veterinary specialties. On a national scale, there are 1,300 counties in the United States that have less than one food animal veterinarian per 25,000 farm animals. Bear in mind, the demand for veterinarians across our country could increase 14 percent by 2016. South Dakota is truly a wonderful place to call home, but it is not always an easy place to earn a living. This is especially true for young people who are just starting out and are saddled with crushing levels of school debt. I have long fought for legislation that makes it easier for students to pay off their loans and to encourage others who may be reluctant to pursue higher education degrees, due to a lack of financial resources, especially when it comes to costly professional degrees including veterinary medicine. My legislation will help students pursue their educational goals, while also providing important services to underserved rural areas by enhancing the assistance veterinary graduates receive in exchange for meaningful public service. Agriculture is the top contributor to our South Dakota economy. For those farmers and ranchers who make their living in agriculture, this is more than a job; it is a way of life. Our ranchers, many of whom operate in very rural areas, rely on the access they have to qualified veterinarians to care for their livestock. Adequate access to veterinary care in rural areas is critical for both human and animal health, as well as animal welfare, disease surveillance, public safety and economic development across America. Everyone in America benefits from the veterinary services provided in even the most remote areas of our nation. As such, I am committed to doing all I can to help bring veterinarians to underserved parts of our state. I am proud to have fought for the establishment of the VMLRP program, and through my seat on the Senate Appropriations Committee. I have worked year after year to secure its proper funding. Unfortunately, however, the taxes assessed on these benefits prevent us from using congressionally appropriated funding to the fullest extent. For every three veterinarians selected for the loan repayment awards, an additional veterinarian could also be selected if the program was made exempt from taxes. Such a tax exemption is not without precedent; Congress exempted from taxation the assistance received by participants in the National Health Services Corps, NHSC, several years ago, and I hope that my colleagues will join me in extending this same type of assistance to veterinarians participating in the VMLRP program. It should be noted that 122 organizations from across our Nation have announced their support for a tax exemption for VMLRP, including the American Veterinary Medical Association, American Association of Equine Practitioners, the American Farm Bureau Federation, the American Sheep Industry, the National Farmers Union, and the South Dakota Veterinary Medical Association, South Dakota Farm Bureau, South Dakota Cattlemen's Association, South Dakota Stockgrowers Association and many others. Agriculture is the economic engine that drives our rural communities, and without viable family farms and ranchers, our small towns and Main Street businesses throughout South Dakota and our nation would face significant hardships. It is absolutely essential that our agricultural producers have access to the services they need to be successful and responsible, and the Veterinary Medicine Loan Repayment Program Enhancement Act will help make that possible. Mr. President, I ask unanimous consent that a letter of support be printed in the Record.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to introduce legislation with my friend, Senator Mike Crapo of Idaho, that will exempt Veterinary Medicine Loan Repayment Program, VMLRP, awards from Federal income taxation. I drafted this bipartisan bill with the intention of increasing veterinary services in underserved shortage areas that lack adequate veterinary expertise. The United States Department of Agriculture's, USDA, Veterinary Medicine Loan Repayment Program was authorized in 2003 by the National Veterinary Medical Services Act, NVMSA, to help qualified veterinarians offset a significant amount of the debt they accrue while pursuing their degrees if they in turn serve in high-priority veterinary shortage areas for a certain length of time. It also authorizes additional loan repayments for service in Federal emergency situations. However, the awards are currently taxed at a rate of 39 percent. This taxation is counterproductive and only delays delivery of veterinary services to areas that are in desperate need. In determining whether an area is eligible for assistance under the VMLRP, USDA has the ability to declare ``shortage situations,'' in which the Department makes declarations of veterinary shortage areas. Currently, there are two circumstances that lead to such designations. The first is by geography, when a given geographic area suffers a shortage of veterinarians overall. The second occurs when areas suffer a shortage of veterinarians who practice in a particular field of veterinary specialty. My home State of South Dakota currently has four designated shortage situations. Two of these designations are statewide designations noting a shortage of practitioners in veterinary specialties. On a national scale, there are 1,300 counties in the United States that have less than one food animal veterinarian per 25,000 farm animals. Bear in mind, the demand for veterinarians across our country could increase 14 percent by 2016. South Dakota is truly a wonderful place to call home, but it is not always an easy place to earn a living. This is especially true for young people who are just starting out and are saddled with crushing levels of school debt. I have long fought for legislation that makes it easier for students to pay off their loans and to encourage others who may be reluctant to pursue higher education degrees, due to a lack of financial resources, especially when it comes to costly professional degrees including veterinary medicine. My legislation will help students pursue their educational goals, while also providing important services to underserved rural areas by enhancing the assistance veterinary graduates receive in exchange for meaningful public service. Agriculture is the top contributor to our South Dakota economy. For those farmers and ranchers who make their living in agriculture, this is more than a job; it is a way of life. Our ranchers, many of whom operate in very rural areas, rely on the access they have to qualified veterinarians to care for their livestock. Adequate access to veterinary care in rural areas is critical for both human and animal health, as well as animal welfare, disease surveillance, public safety and economic development across America. Everyone in America benefits from the veterinary services provided in even the most remote areas of our nation. As such, I am committed to doing all I can to help bring veterinarians to underserved parts of our state. I am proud to have fought for the establishment of the VMLRP program, and through my seat on the Senate Appropriations Committee. I have worked year after year to secure its proper funding. Unfortunately, however, the taxes assessed on these benefits prevent us from using congressionally appropriated funding to the fullest extent. For every three veterinarians selected for the loan repayment awards, an additional veterinarian could also be selected if the program was made exempt from taxes. Such a tax exemption is not without precedent; Congress exempted from taxation the assistance received by participants in the National Health Services Corps, NHSC, several years ago, and I hope that my colleagues will join me in extending this same type of assistance to veterinarians participating in the VMLRP program. It should be noted that 122 organizations from across our Nation have announced their support for a tax exemption for VMLRP, including the American Veterinary Medical Association, American Association of Equine Practitioners, the American Farm Bureau Federation, the American Sheep Industry, the National Farmers Union, and the South Dakota Veterinary Medical Association, South Dakota Farm Bureau, South Dakota Cattlemen's Association, South Dakota Stockgrowers Association and many others. Agriculture is the economic engine that drives our rural communities, and without viable family farms and ranchers, our small towns and Main Street businesses throughout South Dakota and our nation would face significant hardships. It is absolutely essential that our agricultural producers have access to the services they need to be successful and responsible, and the Veterinary Medicine Loan Repayment Program Enhancement Act will help make that possible. Mr. President, I ask unanimous consent that a letter of support be printed in the Record.

Mr. JOHNSON

Mr. JOHNSON. Madam President, Congress is now on the brink of passing a landmark deal on legislation to reform Wall Street and prevent another financial crisis like the one we faced nearly 2 years ago. This legislation is an important and long overdue measure that will help to safeguard the long-term stability of our economy. In the closing months of the Bush administration, our Nation faced an economic situation so dire that many feared our financial system was on the verge of collapse. Though we were able to avert such a collapse, the impact of the crisis spread across America, leaving few untouched. Virtually all of us have been impacted by the economic meltdown in some way: businesses shed jobs, workers' hours were cut, some folks had great difficulty making their mortgage payments when their pay was cut, small businesses lost customers and revenue in the downturn. South Dakota homeowners, regardless of whether they had a mortgage or owned their home outright, saw their equity drop, and most folks with investments for retirement or other long-term goals suffered losses either through the stock market plunge, bond market turbulence, or passbook savings interest rates that hovered near zero percent. Lending at our Nation's banks contracted, spending fell, and overall consumer confidence plummeted. Americans were rightly angry that while they were losing their homes, jobs, and long-term savings, they were also expected to foot the bill for the irresponsible actions of Wall Street CEOs. Their outrage only grew when these same CEOs continued collecting unprecedented bonuses-- presumably for their work in recklessly taking our Nation to the brink of collapse. Frankly, I share that anger. It is clear that our economy has not yet fully recovered, but in the last year and a half, Congress has dedicated itself to turning our economy around. We are now on the verge of passing historic legislation that creates better accountability and transparency for Wall Street and the financial sector. As a senior member of the Banking Committee, and a member of the conference committee, I have worked hard to identify the causes of the crisis and find the right solutions to address these causes. I have talked at length with South Dakotans of all backgrounds and political stripes to gain their perspective, and there are some things that get mentioned time and again: there were many causes for the meltdown, but gaps in regulation contributed to the problem; rules that applied to some financial companies but not all opened loopholes that bad actors could exploit; the lack of a system to monitor risks across the banking sector left taxpayers vulnerable; regulators were not very focused on looking out for consumers; and large Wall Street firms operated with little or no accountability to either their shareholders or their customers. In addition, it became clear we needed a system to unwind big financial firms like AIG, Lehman Brothers, and Bear Stearns in an orderly fashion and without taxpayer bailouts. Doing nothing is not an option, and I do not think anyone can say with a straight face that our current system of financial regulation works for America. While not perfect, the Wall Street reform measure does a great deal to address many of these problems. It creates a mechanism to monitor systemic risk in the financial sector, as well as regulating risky derivatives, credit default swaps and other complicated financial products that were not transparent and had previously gone unregulated. It affords consumers better rules governing the products they use and better information about those products by creating a consumer watchdog agency. Importantly, it also creates a way to unwind large financial firms without having to bail them out. Specifically, I want to mention two provisions. First, I am pleased that the conference committee accepted the Carper-Bayh-Warner-Johnson amendment, which I strongly supported, regarding the preemption standard for State consumer financial laws. This amendment received strong bipartisan support on the Senate floor and passed by a vote of 80 to 18. One change made by the conference committee was to restate the preemption standard in a slightly different way, but it is clear that this legislation is codifying the preemption standard expressed by the U.S. Supreme Court in Barnett Bank of Marion County, N.A. v. Nelson, Florida Insurance Commissioner, 517 U.S. 25 (1996) case. This will provide certainty to consumers and those that offer consumers financial products. Also, section 913 of the conference report reflects a compromise between the House and Senate provisions on the standard of care for brokers, dealers, and investment advisers. It includes the original study provisions passed by the Senate, together with additional areas of study requested by the House--a total of 13 separate considerations and a number of subparts, where we expect the SEC to thoroughly, objectively and without bias evaluate legal and regulatory standards, gaps, shortcomings and overlaps. We expect the SEC to conduct the study without prejudging its findings, conclusions, and recommendations and to solicit and consider public comment, as the statute requires. As Chairman Frank described the compromise when he presented it to the committee, section 913 does not immediately impose any new duties on brokers, dealers and investment advisers nor does it mandate any particular duty or outcome, but it gives the SEC, subsequent to the conclusion of the study, the authority to conduct a rulemaking on the standard of care, including the authority to impose a fiduciary duty. I think this is a strong compromise between the House and Senate positions. This bill gives financial institutions, regulators and consumers the right tools to make good decisions, and it also provides the right tools to prevent another crisis like the one we recently experienced. Many of the bill's provisions, including those mentioned previously, have bipartisan support; in fact, many of the core ideas incorporated into the bill originated from my Republican colleagues. Critics of this legislation have said that it tackles the wrong problems, hurts small banks and businesses, and burdens struggling financial institutions. I appreciate those points of view, but feel very confident in saying we have taken specific steps to ensure that small banks and businesses are not negatively affected, to make it more difficult for firms to take dangerous risks, and to strike the right balance between regulation and flexibility. But the bottom line is this: the kind of free-wheeling, self-regulating, anything goes environment that we had before the crisis is simply not an option. There are certainly provisions in this bill that I would have written differently as any of my colleagues would if we wrote this legislation ourselves. But that is not how the Senate and our legislative system works, and overall I think this conference report is very strong legislation. I look forward to its passage. There is no doubt that after the President signs this bill into law, there will be an important focus on implementing this legislation correctly, as well as continued oversight by Congress of the agencies and covered financial institutions, and efforts at international coordination with our counterparts in other countries. It is also likely that there may need to be corrections and adjustments to the bill in the future. That said, passage of this bill is important to our nation's economic recovery, and we must get it to the President's desk.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I pay tribute to the Viborg annual Danish Viking Days celebration. The Viborg community showed its unity in 1999 when the Danish Days Committee began developing the Avenue of Flags. Over 100 flags are displayed on holidays to commemorate veterans and individuals from the area. Named after Viborg, Denmark, this South Dakota town has maintained its ties to its Danish past. Following the notable feature of their Danish counterpart, the people of Viborg built Our Savior's Lutheran Church on the town's highest point in 1911. When a post office and store were first established in this area, it was known as Daneville. With the coming of the railroad, Viborg was constructed half a mile away, and Daneville slowly ceased. Regardless of the town name, the Danish traditions remained in the area. Originally, Danish Days were celebrated to coincide with Denmark's Independence Day on June 5 but has now been moved to the third weekend in July. This year's events are July 16 to 18. It will include a presentation by Joy Ibsen on her new book of stories from Viborg, a parade, a golf tournament, an all-school reunion, and plenty of food. There will also be the 17th annual Leadership Luncheon, which starts the festival. The luncheon honors accomplishments in Viborg. Since 2003, this has included the Friends of Viborg Award. This year, the honor goes to the Viborg Public School's past and current teachers, administrators, employees, and board members to recognize their notable contributions to the community. I am proud to recognize the recipients and would like to join with the committee in sharing my appreciation for all these people have done.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I pay tribute to the 125th anniversary of Big Stone City. This picturesque town has made it 125 years, and I am proud to represent them. Big Stone City is bordered by Big Stone Lake in South Dakota and the State of Minnesota. Originally the site of an Indian village called Inkpa, the first settlers arrived in 1871. In 1875, this new town, then called Inkpa City, was chosen for a post office. Another small town, Geneva, was also formed during that time, located to the northeast of Inkpa City. In 1885, the two towns were consolidated and Big Stone City was incorporated. Religion was an integral part of the founding of Big Stone City. The first sermon was preached in 1879, before the town had even been incorporated. The German Evangelical Church was built in 1880, with at least three additional churches following in the next 3 years. The first mass in the territory was celebrated in Big Stone City. The first school was opened in 1880, with a charge of $1 per student for each month. In 1900, the school was upgraded from a small prairie school to a much larger brick building. In 1913, plans were made to run the Milwaukee Railroad through Big Stone City. With industries of brick manufacturing, limestone, food canning, and a creamery, Big Stone City has a unique and varied past. Residents of Big Stone City joined together July 9 to 11, 2010, to honor their historic milestone with a weekend full of festivities. The town celebrated with dances, a chili cookoff, an all-school reunion, a parade, and more. I am proud to recognize Big Stone City on this achievement, and I look forward to seeing what the future holds for this great South Dakota community.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I pay tribute to the 100th anniversary of the founding of Dupree, SD, one of many communities on the Cheyenne River Indian Reservation. This hearty town is the county seat of Ziebach County and has withstood recent tornadoes to come out stronger. Named after a young Canadian fur trader named Fred Dupris, the spelling changed to conform to the people's preference. With two train stations, Dupree became a popular area to homestead. Dupree's vision statement nicely sums up the town. ``Dupree is the front door to the West. It has a rich heritage; is full of wide open spaces, and home for family and friends--the kind of place people want to hang their hat.'' Small towns like Dupree are the backbone of South Dakota, embodying the values our State hold dear. Dupree will celebrate with a 3 day wagon and trail ride, a parade, a powwow, a demolition derby, and more. They are also selling tickets to a raffle for a Limited Edition Dupree Centennial Rifle. A rodeo will conclude the weekend celebration. I would like to recognize Dupree on this historic milestone, and I wish its citizens the best on their future.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I wish to pay tribute to the 125th anniversary of Wakonda, SD. The town calls itself ``The Good Life Town'' and I would have to agree. With a strong sense of community and a welcoming spirit, Wakonda is a wonderful place to call home. Wakonda was founded when the North Western Railroad expanded its line in northwestern Clay County. Surveyors originally planned out the town, calling it Summit, but when negotiations on land price fell through, the town was moved southwest. The building crews stayed on local farms and completed their work by the end of the year. GEN William Beadle is credited with suggesting the name of Wakonda, a Santee Sioux word meaning ``wonderful.'' The town quickly sprouted, with many new businesses popping up in the coming years. To celebrate Wakonda's historical achievement, the town will join together for a weekend of activities. With a golf tournament, kids carnival, and artistic exhibits, this town is sure to have a great time celebrating. I am proud to recognize Wakonda on reaching this milestone and wish them all the best in their future.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, on Monday, we lost a colleague and dear friend with the passing of Senator Robert C. Byrd. My deepest sympathy goes out to his family, friends, dedicated staff, and the people of West Virginia. Senator Byrd was truly a giant among Senators. His presence will be greatly missed. Few have had the command of history that Senator Byrd possessed, and I suspect none have matched his knowledge of the U.S. Constitution and the Senate in which he served. Senator Byrd never passed up the opportunity to give a history lesson, delivering impassioned speeches peppered with poetry, lessons from ancient Rome, and his unique understanding of the workings of this Chamber. He also never forgot to remind us of the importance of Mother's Day, the beauty of the first day of spring, or how devoted he was to his beloved wife Erma. Senator Byrd held fiercely to his beliefs. Yet, he had the humility and wisdom to change beliefs he realized were wrong. History will remember Senator Byrd, not only for his numerous records of service, but for his unwavering commitment to education, public infrastructure, and the State of West Virginia. This year, 19 outstanding high school students from my home State of South Dakota joined the ranks of thousands of Robert C. Byrd Honors Scholarship recipients that are furthering their education, in part, because of Senator Byrd's belief in the value of higher education. He embodied that belief in his own life, earning a law degree while serving in Congress and striving to continue learning each day. Senator Byrd also understood the value of investing in the small, sometimes overlooked communities of his State. Where others saw ``pork,'' he saw jobs, opportunities, and hope for hard-working Americans. He understood--better than most--that without roads, clean water, and reliable utilities, rural communities will struggle to reach their full potential. Though he would later ``walk with Kings, meet Prime Ministers and debate with Presidents,'' Senator Byrd never forgot his roots in the hills of West Virginia. West Virginia lost a true champion, but his mark on the State will last far longer than even his half century in Congress. I am honored to have served with Senator Byrd. This institution is a better place for his time here.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today in recognition of National Hereditary Hemorrhagic Telangiecstasia--HHT--Month to raise awareness of this public health threat and encourage greater prevention, diagnosis and treatment efforts. Hereditary Hemorrhagic Telangiecstasia, HHT, also referred to as Osler-Weber-Rendu Syndrome, is a complex genetic blood vessel disorder that affects approximately 70,000, or 1 in 5,000, Americans. It is characterized by irregular blood vessel growths, or telangiectases, in the nasal mucosa, mouth, gastrointestinal tract, and skin of the face and hands, as well as artery-vein malformations--AVMs--in the major organs including the lungs, brain, and liver. If left misdiagnosed or untreated, HHT can result in considerable morbidity and mortality. It is estimated that 20 to 40 percent of debilitating and life- threatening complications and sudden death due to these ``vascular time bombs'' are preventable. Twenty percent of those with HHT, regardless of age, suffer death or disability. HHT has been subject to underreporting for many years. Approximately 90 percent of the HHT population is not yet diagnosed and is at risk for sudden rupture of the blood vessels in major organs in the body, such as the brain and lungs, and other complications due to nosebleeds and gastrointestinal bleeding. It is my hope that efforts throughout the month of June will increase awareness of HHT and mitigate the preventable health threats posed by this disorder.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I wish to recognize the inspirational life and dedicated service of Robert Dean Moore. It has been my great honor to know Robert for many years and to consider him a friend. I have always appreciated his guidance and insight on issues impacting American Indian tribes in South Dakota and throughout Indian Country. Robert was born on May 3, 1963. He was an enrolled member of the Rosebud Sioux Tribe and a proud graduate of Sinte Gleska University in Mission, SD. Robert passed away on May 29, 2010. His family, friends, and extended community have lost a great leader and dear friend. His funeral was held on June 5, 2010, and the outpouring of memories and tributes at the service reflected the widespread impact that Robert had on so many lives. Robert represented South Dakota as a delegate to the Democratic National Convention. Robert was an incredibly talented singer, and in 1996 and 2008, he gave powerful renditions of the National Anthem to the delegates. I was also fortunate enough to have him sing during my first swearing in ceremony in the U.S. Senate in 1997. In the early 1990s, Robert served as a staff member for my colleague, Senator Tom Daschle. It was during his time in Senator Daschle's office that Robert developed an in-depth understanding about Federal Government and the legislative process. Robert advised Senator Daschle on Indian affairs and excelled in that position. He would utilize this valuable perspective to benefit the Lakota people for the rest of his life. Robert also worked to raise awareness in Congress about the Federal trust responsibility and the unique government-to-government relationship between the Federal Government and Indian tribes. Later, Robert moved to Denver to work for the Federal Emergency Management Agency, FEMA, in their tribal government division. He worked with tribes in Great Plains region on disaster mitigation and in other times of need. Robert was elected to a 4-year term on the Rosebud Sioux Tribal Council in 2004. His passion for advocating for the Sicangu Lakota and other tribes of the Great Sioux Nation was never more apparent than when he worked on health care issues. He was a leader for American Indian health issues on the national level, often representing the tribes of the Great Plains region both to the National Congress of American Indians and to the Tribal Technical Advisory Committee for the Centers for Medicare and Medicaid. I am truly sorry that Robert did not live to see the effects of increased reimbursements for Medicaid nor full implementation of the Indian Health Care Improvement Act; however, those who witnessed his efforts will never forget his tireless involvement. I greatly admired Robert's understanding of the cultural value and importance of family. He was a dedicated son, showering his parents, Marrles and Frances, with genuine care and love. Robert's countless accomplishments, from his memorable vocal talents to his unfailing public service, will live on for many years to come. Robert demonstrated an admirable love of life and commitment to others, which ought to serve as an inspiration for all of us.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I pay tribute to the 125th anniversary of the founding of Bradley, SD. This small town has seen more than its fair share of hardships, but with strength and hard work, the citizens consistently band together to make the town an even better place to live and work. As the Chicago, Milwaukee, and St. Paul Railroad expanded, the company decided to build a settlement for the workers to get mail delivered. They called it Prairie Hill. Once trains began running, businesses began forming 2 miles south of the original location. With land donated from the McKinney family, Bradley was eventually formed. This small town quickly became a popular location for homesteaders and developed into the largest primary wheat market in the country. In 1891, a fire nearly destroyed the town. Only a couple of buildings and homes withstood the fire. This strong community rallied together to rebuild their town. Another fire struck in 1916, but 800 volunteers came together, using a bucket brigade to again save the town. Bradley acquired its name through an interesting turn of events. A group of laborers and a railroad official got in a brawl early one day. W.R. Bradley was visiting the town and saved the life of the chief engineer for construction. He was honored by having the town named after him. Like a lot of small towns formed in South Dakota at this time, Bradley started as a railroad stop but quickly became more. Bradley is a caring community of people who work together when times get tough. They will honor their historical milestone with a weekend celebration, including craft booth and a food booth, a 5K race, and a softball tournament. I wish them the best for their weekend and their future.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I pay tribute to the 100th anniversary of the founding of Dante, SD. Small towns like Dante embody South Dakota values, and are the cornerstone of our State. Dante was founded as a railroad town when a group of farmers were concerned with their ability to haul grain between Wagner and Avon. The farmers approached the Chicago, Milwaukee, and St. Paul Railroad to set up a depot between the towns. After getting a petition signed, the railroad expanded to the newly formed town. Planted in 1907, Dante was incorporated in 1912. Originally called Mayo after H.T. Mayo who donated the land to the town, the railroad company objected to the name. Mr. Mayo was asked for a name to which he reportedly said, ``Call it Dante's Inferno for all I care!'' In 1911, Dante had flourished enough to support the Dante Bowling Alley and Pool Hall. The school was opened in 1912 and stayed open until 1971. To celebrate the town's anniversary, Dante will be having music, a softball tournament, games and more. With something for everyone, this weekend's celebration is sure to be an enjoyable experience as Dante comes together to celebrate this historic anniversary. I would like to congratulate the people of Dante on reaching this historic milestone, and offer them best wishes on the years to come.

Mr. JOHNSON

Mr. JOHNSON. Madam President, I rise today in recognition of the 23rd annual National Cancer Survivor's Day and to celebrate those who have won the battle against this devastating disease. My wife Barbara is a breast cancer survivor, and I am a prostate cancer survivor. My family and I are well aware of the difficulties that come with seeing a loved one diagnosed with a serious illness such as cancer and are equally aware of the life-affirming joys that accompany survival. Cancer affects millions of individuals and families worldwide. Fortunately, more people are expected to survive cancer today than in the past, thanks to advancements in screening, diagnosing, and treating various forms of the disease. The National Cancer Institute estimates that approximately 11.4 million Americans with a history of cancer were alive in 2006. Saving lives means preventing cancer, finding it early, and continuing the search for a cure. Throughout my career in the U.S. House and Senate, I have strongly supported proposals that would advance research, funding, and education about all forms of cancer, such as those conducted at the National Institutes of Health, the Cancer Research Institute, as well as the Centers for Disease Control and Prevention. Improved understanding of the biological and environmental causes of cancer will bring us ever closer to more effective treatments and eventually a cure. Today, however, cancer remains the second leading cause of death in the United States. The disease is expected to claim more than half a million lives in 2010, and the American Cancer Society estimates an additional 1.5 million new cases will be diagnosed this year. While increasing public awareness of cancer risk factors and the importance of early screening helps save lives, winning the war on cancer depends on access to affordable health care. Many cancers can be prevented or treated if caught at an early stage, but lifesaving screenings and treatments remain out of reach for millions of Americans with inadequate insurance or no coverage at all. This year Congress passed an extensive reform of our Nation's health care system that will benefit all families affected by cancer. This historic legislation emphasizes prevention, expands access to meaningful coverage, ends unfair practices by health insurance companies, and improves quality of life for cancer survivors through better management of chronic diseases. It is important to note that a survivor's battle does not end with successful treatment. Cancer patients face many side effects to treatment, as well as a continued risk of reoccurrence. Some treatments can permanently alter a patient's well-being and cause other health problems in the short and long terms. The security of meaningful and affordable health coverage is vital for cancer survivors to closely monitor their health for the rest of their lives. The millions of Americans with a history of cancer who are alive today demonstrate that the battle against this disease can be fought and won. National Cancer Survivor's Day provides an occasion to recognize cancer survivors, as well as learn more about this illness and its impact on our Nation and our families. Not only does cancer affect the patient but their spouses, children, and other family members as well. National Cancer Survivor's Day distinguishes all those who have experienced cancer in any form.

Mr. JOHNSON

Mr. JOHNSON. Madam President, I will speak for a few minutes regarding amendment No. 4173, offered by Senators Sessions and McCaskill. While I understand the imperative of balancing the budget, an across- the-board amendment that sets an artificial ceiling for all discretionary spending is not the solution. If Sessions-McCaskill is adopted, the Senate will be forced to slash funding for the Department of Veterans Affairs and its related agencies--including Arlington National Cemetery--by $1.1 billion below the requested level. If we take medical care off the table--and I for one am not willing to cut medical care for vets--we put every other VA program at risk, including claims processing, medical and mental health research, and hospital and clinic maintenance and renovation. This would translate into an $862 million cut below this year's appropriation for non medical care VA programs. We are talking about a serious funding shortfall for essential VA programs. This year, the VA's budget request includes $460 million over fiscal year 2010 to hire more than 4,000 new claims processors. After years of budget requests that ignored the backlog of claims and the unacceptable wait times for vets to get disability benefits, we finally have a responsible budget request that doesn't simply expect Congress to fill the holes. The current wait time for a vet to have a disability claim processed is 160 days, and because of new benefits coming on line that will stress the system even more, the wait time is expected to spike next year. Asking a combat vet to wait 6 to 7 months before receiving payments for injuries they suffered while defending this Nation is wholly unacceptable. We cannot afford to delay the hiring of more claims processors. Likewise, we cannot afford to defer critical research into combat- related medical and mental health conditions, such as traumatic brain injury and post-traumatic stress disorder. To do so while this Nation is at war would be the height of irresponsibility. For construction, the VA's request already reduces these accounts by $293 million from fiscal year 2010. Further reductions in the program will only increase the backlog of construction projects. I hope the authors of this amendment did not intend to reduce funding for veterans, but this amendment does nothing to protect them, and the subcommittee will only be able to fund programs to the level to which funding is available. I urge my colleagues to reject this amendment and pass a sensible budget resolution that tackles the Federal deficit in a holistic approach rather than simply attempting to balance the Federal budget on the discretionary side of the ledger. Madam President, I yield the floor.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today in recognition of National Mental Health Awareness Month to fight the stigma associated with mental illness that discourages people from seeking help and raise awareness of disparities in access to mental health services. The National Institute of Mental Health estimates that while only 6 percent of Americans suffer from a serious mental illness, over a quarter of adults suffer from a diagnosable mental disorder in a given year. These illnesses--depression, bipolar disorder, anxiety, phobias, personality and body image disorders, and substance addictions--are real diseases with proven treatments. Mental health determines how we make decisions, handle stress, and relate to others, consequently affecting our relationships with our families, our colleagues, and our communities. Normally defined as how one thinks, feels, behaves, and copes, mental health is as integral to our well-being as our physical health. However, mental health disorders are chronically underdiagnosed and undertreated. While public education and awareness campaigns can go a long way in addressing the stigma associated with mental health disorders, improved access to high-quality mental health care should be a national priority. Unfortunately, access to mental health services is often more disparate than access to medical care, particularly in rural areas. Rural States like South Dakota have long struggled to recruit and retain an adequate mental health workforce to meet the needs of their citizens. I am pleased the new health reform law will increase investments in the health care workforce, including mental health providers. Increased access to adequate and meaningful health insurance coverage has also been addressed with health reform, ensuring more Americans can obtain the care they need. All too often, insurance companies have failed to cover mental health services or impose restrictive measures on the scope and duration of the treatment. Last Congress, I was proud to cosponsor and support passage of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act, which ensures health insurance coverage for mental health services is comparable to coverage of physical ailments. In the short term, however, I remain deeply concerned about our Nation's mental health safety net. I recently joined several colleagues in support of increased funding for comprehensive community services for low income and uninsured people living with mental illnesses. While the economic downturn has placed an additional financial strain on Federal, State, and family budgets, community mental health centers and other safety net providers are simultaneously reporting a significant increase in demand for mental health and addiction services. We must continue our investment in these critical mental health programs for those most in need. I recognize that mental illness affects many South Dakotans. It is my hope that awareness efforts throughout the month of May will help recognize the need for improved access to services, promote overall health and well-being, reduce the stigma associated with mental disorders, and encourage Americans to seek help when they need it.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I recognize the 100th anniversary of the South Dakota State Medical Association Alliance. This organization was founded to promote educational and charitable endeavors related to healthy living, and it has made remarkable progress over the last century. Originally called the South Dakota Auxiliary, this organization was founded in 1910 when 18 wives of physicians saw a need for their own organization during the annual meeting of the South Dakota Medical Association. The original group of women took 15 minutes to write the constitution and by-laws, with dues set at $1 a year. Now known as the South Dakota State Medical Association Alliance, the group holds an annual fundraiser to raise money for medical student scholarships. This devoted organization supports the development of leadership skills through national training as well as involvement with projects at the State and local level. The South Dakota State Medical Association Alliance has long been devoted to the general health of South Dakotans through education and financial support. The oldest continuous medical alliance in the United States, SDSMA Alliance fills an important role in our State with all they do. I appreciate their hard work and again congratulate them on their 100th anniversary. I look forward to their continued efforts on behalf of the South Dakota health care community.