Tim Johnson

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise to discuss my opposition to the Durbin amendment to S. 256, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. I have tremendous respect for my colleague from Illinois, and believe he has only the best of intentions with this amendment, which would exempt members of the armed forces from the means testing required under the bill before us. I have the most profound respect for our servicemen and women, and for our Nation's veterans. Many of you know that my oldest son Brooks is a member of the Armed Forces, and saw active duty in Iraq with the 101st Airborne. But with all due respect, I believe this amendment could in fact harm America's soldiers. Two years ago, we spent a great deal of time reauthorizing the Fair Credit Reporting Act, the statute governing our Nation's credit granting system. This system is the finest in the world and has essentially opened up access to credit to working Americans throughout this country, regardless of race, gender, marital status, physical location, medical condition, or profession. If someone has the ability to pay, then the credit system allows underwriters to grant credit to that individual without bias. S. 256 is carefully crafted so we don't reintroduce possible bias into this system. It would be unacceptable to undo the system which has opened doors of opportunity to millions of Americans who in the past who had experienced bias in the lending process. Under Senator Durbin's amendment, military personnel filing for bankruptcy would be exempt from the means test and would automatically qualify for a Chapter 7 filing, regardless of whether that person has the ability to repay part of his or her debt. If this amendment were to pass, potential creditors would have a legitimate concern that loans to military personnel could require different underwriting standards. This could well mean higher interest rates for our soldiers and veterans. Even more disturbing, this would introduce bias into the system against soldiers and veterans--a perverse result and clearly not what this amendment envisions. The Senator from Illinois raises a concern that none of us should turn our backs on: and that is whether our servicemen and women are fairly compensated, and whether they have the resources they need, particularly during deployment, to take care of their families. I call on the Congress to look carefully at this issue, and to make sure we are doing right by our military personnel and veterans. But I urge you not to remedy any possible injustices through the bankruptcy courts. Bankruptcy represents a longstanding commitment in this country to helping people get a fresh start. This principle has never been giving only certain people a fresh start: for example, only if you are a teacher, or a doctor or a soldier. If we started down that road, I'm not sure what would happen to most members of Congress, who tend to be lawyers. The point is, this safety net should be available when a person truly cannot make good on his or her commitments, no matter who he or she is or what she does for a living. No matter how noble the individual, no matter how compelling the story behind the economic need, the bankruptcy system must treat people equally and fairly. This bill establishes a simple means test, which will affect approximately 10 percent of current filers. All it says is, after we've backed out all your current expenses, including your your house payment, your car payment, your child care costs, your education costs, your utility costs, your medical costs, and a whole host of other items, if after backing out all these payments you have the ability to pay back some of your loans, then you should. That's only right. That's only fair. And it shouldn't matter what your profession is. Americans are an honorable people, and we work hard and play by the rules. If you can pay your debts, you should. I am also troubled about the message this amendment sends about chapter 13 filings. The implication is, do anything you can to avoid a repayment plan. The fact is, under the mechanism set forth in this bill, we have an unprecedented opportunity to help debtors rehabilitate their credit rating faster under a chapter 13 proceeding. I will be working to encourage bankruptcy trustees to report on-time payments under a chapter 13 payment plan to the three major credit bureaus, so that debtors who get back on track will, quite literally, get credit for that discipline. I also pledge to work with the creditor community to help them understand how these new payment reports might help them evaluate a chapter 13 debtor. An amendment that automatically steers debtors to chapter 7 is misguided and would give no thought to the potential benefits of a chapter 13 filing. I yield the floor and suggest the absence of a quorum.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I join several of my colleagues in introducing a very important piece of legislation that will improve access to information about prescription drugs for patients and their doctors. Today, Senators Dodd, Grassley, Wyden and I are introducing the Fair Access to Clinical Trials Act or FACT Act. I commend my colleagues for their hard work on this legislation. I also thank them for their commitment to ensuring that finally, objective, unbiased information can be put in the hands of consumers and doctors, reducing negative outcomes, improving patient care, and ultimately reducing costs of medications. In recent months, we have learned that certain prescription drugs on the market today may not be as safe as we once thought. GlaxoSmithKline's antidepressant drug, Paxil, was found to increase the risk of suicide among adolescents. Further investigation of this issue indicated that some manufacturers of antidepressants highlighted positive findings of tests on youngsters, while playing down negative or inconclusive ones. In addition, the arthritis medication, Vioxx, was pulled off the market due to negative study findings, and over 27,000 sudden cardiac deaths and heart attacks may have been caused by this medication. I find it unacceptable that current law does not require that the results of these studies on Paxil and Vioxx be made readily available to doctors and their patients. It is unacceptable that today, much of the information consumers and doctors rely on to make decisions about the medications they use are based on incomplete information. Patients are often swayed by direct-to-consumer drug advertisements and doctors must rely on the information they learn at drug company sponsored conferences. Access to complete information about prescription drugs is an important consumer issue, and that is why I am introducing this legislation that would require pharmaceutical companies to fully disclose clinical drug trial information in a public database before medications are introduced on the shelves. Under my legislation, all studies on medicines like Paxil and Vioxx would be listed in a public drug trial registry database. The database would include all the studies, both good and bad, the studies that are conducted after the drug is already on the market, and even the studies that are discontinued. Doctors and patients would have access to all different types of information so they could make a clear decision on which drugs are best for any circumstance. The drug trial database established under this legislation would be accessible to the public on a governmental Web site. The database will include information about the sponsor of the drug trial, the parameters of the study, and the outcome or results of the trial. Medical professionals ought to have complete information available when prescribing medications, and consumers should be aware of all the effects prescription drugs can have when taken over a period of time. Common sense tells us we need transparency in the prescription drug industry when it comes to the effectiveness of medications, and this database works towards that goal and will help to hold drug companies accountable for their products on the market. I hope the Senate and House will take up this bill and pass it. It addresses an important consumer right-to-know issue that will help to ensure that patients and doctors have the best, most accurate information at their fingertips when making life-altering medical decisions.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I join several of my colleagues in introducing a very important piece of legislation that will improve access to information about prescription drugs for patients and their doctors. Today, Senators Dodd, Grassley, Wyden and I are introducing the Fair Access to Clinical Trials Act or FACT Act. I commend my colleagues for their hard work on this legislation. I also thank them for their commitment to ensuring that finally, objective, unbiased information can be put in the hands of consumers and doctors, reducing negative outcomes, improving patient care, and ultimately reducing costs of medications. In recent months, we have learned that certain prescription drugs on the market today may not be as safe as we once thought. GlaxoSmithKline's antidepressant drug, Paxil, was found to increase the risk of suicide among adolescents. Further investigation of this issue indicated that some manufacturers of antidepressants highlighted positive findings of tests on youngsters, while playing down negative or inconclusive ones. In addition, the arthritis medication, Vioxx, was pulled off the market due to negative study findings, and over 27,000 sudden cardiac deaths and heart attacks may have been caused by this medication. I find it unacceptable that current law does not require that the results of these studies on Paxil and Vioxx be made readily available to doctors and their patients. It is unacceptable that today, much of the information consumers and doctors rely on to make decisions about the medications they use are based on incomplete information. Patients are often swayed by direct-to-consumer drug advertisements and doctors must rely on the information they learn at drug company sponsored conferences. Access to complete information about prescription drugs is an important consumer issue, and that is why I am introducing this legislation that would require pharmaceutical companies to fully disclose clinical drug trial information in a public database before medications are introduced on the shelves. Under my legislation, all studies on medicines like Paxil and Vioxx would be listed in a public drug trial registry database. The database would include all the studies, both good and bad, the studies that are conducted after the drug is already on the market, and even the studies that are discontinued. Doctors and patients would have access to all different types of information so they could make a clear decision on which drugs are best for any circumstance. The drug trial database established under this legislation would be accessible to the public on a governmental Web site. The database will include information about the sponsor of the drug trial, the parameters of the study, and the outcome or results of the trial. Medical professionals ought to have complete information available when prescribing medications, and consumers should be aware of all the effects prescription drugs can have when taken over a period of time. Common sense tells us we need transparency in the prescription drug industry when it comes to the effectiveness of medications, and this database works towards that goal and will help to hold drug companies accountable for their products on the market. I hope the Senate and House will take up this bill and pass it. It addresses an important consumer right-to-know issue that will help to ensure that patients and doctors have the best, most accurate information at their fingertips when making life-altering medical decisions.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to publicly commend Mr. Dennis Hagny, general manager and chief executive officer of Northern Electric Cooperative, for devoting more than 40 years of service to advancing the ambitions and objectives of the rural electric program. After four decades with Northern Electric, Dennis is retiring and looks forward to traveling with his wife, Mary, and visiting their two children, Jennifer and Jeff. Over the years, Dennis guided Northern Electric as it grew from a basic electric service provider into a progressive electric system that currently serves more than 6,000 residential, farm and industrial customers. Under Dennis' leadership, Northern Electric headed up many projects designed to technologically integrate South Dakota, such as the North Central Area Interconnect, which Northern Electric built and funded. North Central Area Interconnect, created in 1993, is a fully- interactive long distance learning system comprised of eight school districts, spanning three separate counties. This system provides high school students the opportunity to take college level classes via personal computer. Likewise, Dennis' innovation and commitment to rural communities inspired the creation of Northern Rural Cable TV, the Nation's first rural cooperative wireless cable television system. Dennis has used Northern Electric to connect South Dakotans not only with each other, but with the global market, as well. During Dennis' tenure, Northern Electric developed WOWnet, a high speed, wireless internet service for underserved areas. Similarly, Dennis helped finance the construction of Aberdeen's first ``smart park,'' a 150-acre industrial park wired for high-speed telecommunications. In addition to his tremendous contributions to rural South Dakota, Dennis, a native of Gettysburg, SD, is also a Vietnam veteran. Following his graduation from Gettysburg High School in 1961, Dennis served in the U.S. Army and Iowa National Guard from 1965 to 1969. Dennis has always been devoted to improving conditions in the communities he served. As a result, he is a founding member of the Rural Electric Economic Development Revolving Loan Fund, REED, and is actively involved with numerous local boards and organizations. REED, a nonprofit corporation that provides financing for projects in small communities and rural areas of South Dakota, is credited with creating more than 3,000 jobs throughout South Dakota. Additionally, Dennis is chairman of Avera St. Luke's Board of Directors, and is a member of St. Luke's Foundation Board. Also, he serves on the Northern Electric Regional Board of the Governors Office of Economic Development, the Presentation College Board of Trustees, and is founding and past member of South Dakota Rural Enterprise. He is also a life member of Veterans of Foreign Wars and the American Legion. It is with great honor that I share Dennis' accomplishments with my colleagues and publicly commend him for his excellent service to South Dakota. I wish him the very best, along with his wife, Mary; their two children, Jennifer and Jeff; and their three grandchildren.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to discuss the introduction of an important piece of legislation that will greatly aid Americans, both young and old, with their health care costs. I, along with a bipartisan group of Senators, have introduced the Pharmaceutical Market Access and Fair Trade Act of 2005. This legislation would provide much needed assistance for millions of Americans who are struggling to pay for their prescription drugs. American consumers are currently charged 55 percent more, on average, for the same brand-name medicines sold in other major developed countries for a fraction of the price. The Pharmaceutical Market Access and Fair Trade Act of 2005 would allow American consumers to benefit from international price competition for prescription medicines through the reimportation of FDA-approved prescription drugs. This legislation allows U.S.-licensed pharmacies and drug wholesalers to import medications from Canada, Europe, Australia, New Zealand, and Japan and pass along the savings to their American customers. This approach would allow Americans to benefit from lower prices on their prescription drugs while still enabling them to use their local pharmacy. The bill also allows individual consumers to import prescription drugs for their own personal use. One of the leading arguments against reimportation has been concerns over safety of the prescription drugs that are sold abroad. My colleagues and I have addressed this issue by providing strict safety measures in this legislation which are intended to guarantee that only safe, effective FDA-approved prescription drugs are imported. Such provisions would require pharmacies and drug wholesalers to register with the FDA and be subject to frequent, random inspections. It would allow only the importation of FDA-approved medicines with a ``chain of custody'' that can be traced all the way back to an FDA-inspected manufacturing plant. It would provide for the use of the anticounterfeiting technology to identify safe, legal imported medicines, as well as give the FDA resources and authority it needs to ensure the safety of imported drugs and to stop those that are unsafe. It is very important that the bill this Congress takes up and passes will not only become law but also ensure that reimportation is actually allowed to occur. This bill ensures that by including features to prevent a drug company from blocking importation by making subtle changes to a drug, such as changing the color or the place of manufacture, so that it is no longer FDA approved. It is about time that the Senate takes up this legislation and passes it. It has broad bipartisan support and has been subjected to intense discussion, review, and debate. We are now faced with health care costs nationwide that are spiraling out of control, and we need to take action to address this issue. Allowing the safe reimportation of prescription drugs is a step in the right direction. The majority of the American people support reimportation, and I hope the leadership of this body will listen to them and finally provide the relief our citizens need.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to publicly recognize Dean Meinen of my D.C. staff on his contributions and accomplishments to my office and the State of South Dakota. For years, Dean Meinen has served as my economic development director. He is leaving my office to go work with Strategic Marketing Innovations, which represents science and technology firms throughout the country. I know first hand that Dean has done a great deal to enhance opportunity and prosperity all across South Dakota. He is an extraordinarily talented person with a great deal of energy and ambition. Dean is not only a great friend, but a well-respected staffer throughout the U.S. Senate. He has earned the respect and admiration of all those who have had the opportunity to work with him. His passion and love for his work have improved the lives of countless South Dakotans. Dean's friendly demeanor and wealth of knowledge have helped him develop close relationships with his colleagues and with community leaders throughout our State. His tireless effort to dig for details and explore all sides of particular issues reflects both his skill and his dedication to his work. I first met Dean when he was a fresh-faced young man that I hired for an entry-level mail processing job. I was impressed by his enthusiasm, his belief in the good people of South Dakota, and his political abilities that were developed well beyond his years. A few years later, I asked him to run my 1994 reelection campaign. After the campaign was over, I hired him back to do legislative work in my congressional office. For the past several years, he has served as my economic development director and has worked very hard to advance South Dakota's prosperity and to diversify our economy. Dean's departure is a huge loss to South Dakota, and I personally know that he struggled with the decision to leave my office. His kind of leadership and character is exactly what the economic development community needs to evolve and succeed in the future. I wish but the best for him on all his exciting new challenges and opportunities. It is with great honor that I share his impressive accomplishments with my colleagues.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to re-introduce legislation from the previous Congress that will revise and expand the boundary to the Wind Cave National Park in Custer and Fall River County South Dakota. I am pleased that my colleague, Senator John Thune, has joined me today in introducing this important bill. Wind Cave National Park is one of the Nation's first national parks, containing in its boundaries one of the greatest expanses of underground cave complexes in North America. Established in 1903, Wind Cave National Park protects one of the world's oldest known cave formations with hundreds of miles of underground compartments. Amazingly, scientific measurements indicate that only five percent of the total cave has been discovered. With the option to acquire approximately 5,500 acres of land from willing sellers, Wind Cave National Park has a once-in-a-generation opportunity to significantly enhance one of the last remaining mixed- grass prairie ecosystems in the world. The acquisition of this land adjacent to the southern boundary of the park will preserve a key archaeological site described as one of the only existing buffalo jumps used by Native Americans as they hunted the giant animal. I believe that the local park officials and the willing-seller landowner have done a good job in reaching out to the community and working to modify their original proposal to conform to the interests of adjacent landowners and the State of South Dakota. As with any land acquisition initiative the question of compensating local government's for the lost tax revenue is extremely important. The matter is particularly acute in western South Dakota, where large tracts of federal land result in particular challenges. To that end, I call on Congress to fully fund the Payment in Lieu of Taxes program and provide a dedicated revenue source to compensate local communities that have significant amounts of federal lands in the counties. The Wind Cave National Park is a South Dakota treasure shared with the entire world through the stewardship of the National Park Service. Some four million visitors come to the Black Hills each year and tourism is one of South Dakota's leading economic engines. It is my strong desire that the Congress will quickly take the appropriate steps necessary and demonstrate positive action in the consideration of this bill. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. JOHNSON. Mr. President, I am pleased to introduce the Hearing Health Acessibility Act with our colleagues Senator DeWine and Senator Harkin. This legislation is the companion bill to legislation that was introduced in the House by Representative Jim Ryun, with a number of cosponsors. This legislation will, in short, provide Medicare beneficiaries with the option of direct access to audiology services, as is the case for the health care programs administered by the Department of Veterans Affairs and the Office of Personnel Management. Direct access works well for our veterans and for Federal employees, including Members of Congress, and should be available to senior citizens in the Medicare program. In 2003, the Congress in the Appropriations Conference Report number 108-10 recommended that the Center for Medicare and Medicaid Services make this change. We have since learned from Mr. Joel Kaplan, Deputy Director, Office of Management and Budget, that CMS does not have the authority to do so under current law. Therefore, I hope that we can all agree that this is a common sense idea whose time has come, and move this legislation forward to enactment. Direct access would facilitate access to hearing care without expanding the scope of practice for audiologists. This legislation will make it easier for Medicare beneficiaries, particularly in rural America, to have the same high quality hearing care provided by the VA and OPM. It is also important to point out that both the Medicare and Medicaid programs now recognize State licensure as the appropriate standard for determining who is a qualified audiologist. This legislation enjoys the support the American Academy of Audiology, the American Speech-Language and Hearing Association, and the Academy of Dispensing Audiologists. I commend this legislation to the attention of my colleagues.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today in opposition to President Bush's nomination of Alberto Gonzales to be Attorney General of the United States. While I have long held that any President deserves a presumption in favor of his nominees for Cabinet positions, the advice and consent role of the Senate should never be regarded as a mere formality. The Attorney General, in particular, is far more than simply another political appointee or adviser to a President. The Attorney General plays a key role in the provision of justice for all Americans, and nominees to this enormously important office must be reviewed with senatorial scrutiny which is fair and not political but demanding. I am profoundly troubled that Mr. Gonzales's promotion of torture flies in the face of deeply held American values, undermines our Nation's reputation around the world, and places American troops and other citizens abroad in great danger. As the father of a soldier who served in combat in both Afghanistan and Iraq, I am particularly concerned that our Nation's utilization of torture creates an environment where other nations and other organizations feel they have justification for torturing our troops and our citizens. There is little wonder why Mr. Gonzales's position was strongly opposed by the U.S. Army's legal corps and by the U.S. State Department. Mr. Gonzales oversaw and approved the decision to disregard the Geneva Conventions for detainees from Afghanistan, he endorsed interrogation methods that military and FBI professionals regarded as illegal and improper, and he supported the indefinite detention of both foreigners and Americans without due process. It was only after the Supreme Court's intervention, which ruled that the prisoners were entitled to appeal their detentions in Federal courts, that some of the harmful policies were reversed. The Court also ruled that an American citizen could not be detained and held as an ``enemy combatant'' without court review or the right to counsel, invalidating Mr. Gonzales's position in the cases of Yaser Esam Hamdi and Jose Padilla. Mr. Gonzales made a second horrible judgment about the Geneva Conventions--that their restrictions on interrogations were ``obsolete.'' Quite apart from the question of POW status for detainees, this determination invalidated the Army's doctrine for questioning enemy prisoners, which is based on the Geneva Conventions and had proved its worth over decades. Regarding this issue, Mr. Gonzales ignored advice from the Army's own legal corps to Secretary of State Colin L. Powell. Why is this so alarming? The President's promotion of torturous interrogation practices, such as ``waterboarding,'' would likely invite retaliation against Americans beyond what already exists. This could have grievous effects on our men and women serving abroad. I can think of few things worse, as the father of a soldier, than to know America's own torture policies would increase the likelihood of more torture directed at our American troops. Mr. Gonzales had an opportunity to clarify this issue while testifying in front of the Senate Judiciary Committee. During that hearing, Judge Gonzales refused to reject a narrow definition of torture and directly answer whether he thought the President has the authority to overrule the statute that condemns torture and provide immunity for those who commit torture based on the directive of the President. Turning to another issue of importance, it is incumbent upon me to point out that while Mr. Gonzales was serving as counsel to then- Governor George W. Bush, he provided questionable advice regarding clemency of inmates. It appears Mr. Gonzales failed in his duty to provide complete information regarding death row inmates in the State of Texas. In some of the 57 memos he composed for Governor Bush, Mr. Gonzalez failed to include all mitigating circumstances that should be considered in clemency for death row inmates. Some of these mitigating circumstances include inmates' ability to have qualified representation as well as the questionable mental status of some of the death row inmates. Mr. Gonzales faced rigorous questioning by members of the Senate Judiciary Committee. Despite the opportunity to explain away concerns the American public had pertaining to his record and his beliefs, Mr. Gonzales did not convince me that he is the proper person to serve as our Attorney General, the chief law enforcement officer of the United States. The New York Times correctly observed that the Attorney General does not merely head up the Justice Department; he is responsible for ensuring that America is a nation in which justice prevailed. Mr. Gonzales's record makes him unqualified to take on the role to represent the American justice system to the rest of the world. Mr. President, I ask unanimous consent to have printed in the Record editorials from the Washington Post and the New York Times wherein these highly respected newspapers contend that the confirmation of Mr. Gonzales would be counter to fundamental American values. I share those views.

Mr. JOHNSON. Mr. President, while I have voted in favor of President Bush's other Cabinet nominees, I stand in strong principled opposition to the confirmation of Mr. Gonzales. I yield the floor and suggest the absence of a quorum.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I am pleased to introduce the Hearing Health Acessibility Act with our colleagues Senator DeWine and Senator Harkin. This legislation is the companion bill to legislation that was introduced in the House by Representative Jim Ryun, with a number of cosponsors. This legislation will, in short, provide Medicare beneficiaries with the option of direct access to audiology services, as is the case for the health care programs administered by the Department of Veterans Affairs and the Office of Personnel Management. Direct access works well for our veterans and for Federal employees, including Members of Congress, and should be available to senior citizens in the Medicare program. In 2003, the Congress in the Appropriations Conference Report number 108-10 recommended that the Center for Medicare and Medicaid Services make this change. We have since learned from Mr. Joel Kaplan, Deputy Director, Office of Management and Budget, that CMS does not have the authority to do so under current law. Therefore, I hope that we can all agree that this is a common sense idea whose time has come, and move this legislation forward to enactment. Direct access would facilitate access to hearing care without expanding the scope of practice for audiologists. This legislation will make it easier for Medicare beneficiaries, particularly in rural America, to have the same high quality hearing care provided by the VA and OPM. It is also important to point out that both the Medicare and Medicaid programs now recognize State licensure as the appropriate standard for determining who is a qualified audiologist. This legislation enjoys the support the American Academy of Audiology, the American Speech-Language and Hearing Association, and the Academy of Dispensing Audiologists. I commend this legislation to the attention of my colleagues.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to re-introduce legislation from the previous Congress that will revise and expand the boundary to the Wind Cave National Park in Custer and Fall River County South Dakota. I am pleased that my colleague, Senator John Thune, has joined me today in introducing this important bill. Wind Cave National Park is one of the Nation's first national parks, containing in its boundaries one of the greatest expanses of underground cave complexes in North America. Established in 1903, Wind Cave National Park protects one of the world's oldest known cave formations with hundreds of miles of underground compartments. Amazingly, scientific measurements indicate that only five percent of the total cave has been discovered. With the option to acquire approximately 5,500 acres of land from willing sellers, Wind Cave National Park has a once-in-a-generation opportunity to significantly enhance one of the last remaining mixed- grass prairie ecosystems in the world. The acquisition of this land adjacent to the southern boundary of the park will preserve a key archaeological site described as one of the only existing buffalo jumps used by Native Americans as they hunted the giant animal. I believe that the local park officials and the willing-seller landowner have done a good job in reaching out to the community and working to modify their original proposal to conform to the interests of adjacent landowners and the State of South Dakota. As with any land acquisition initiative the question of compensating local government's for the lost tax revenue is extremely important. The matter is particularly acute in western South Dakota, where large tracts of federal land result in particular challenges. To that end, I call on Congress to fully fund the Payment in Lieu of Taxes program and provide a dedicated revenue source to compensate local communities that have significant amounts of federal lands in the counties. The Wind Cave National Park is a South Dakota treasure shared with the entire world through the stewardship of the National Park Service. Some four million visitors come to the Black Hills each year and tourism is one of South Dakota's leading economic engines. It is my strong desire that the Congress will quickly take the appropriate steps necessary and demonstrate positive action in the consideration of this bill. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to pay tribute to Cpl Nathan Schubert, a member of the U.S. Marine Corps, who died on January 26, 2005, while serving in Operation Iraqi Freedom. Corporal Schubert was a member of the 1st Battalion, 3rd Marine Division based out of Kaneohe Bay, HI. Answering America's call to the military, Corporal Schubert joined the U.S. Marines in October 2001. His brother, Matthew, remembers him as a skilled athlete and a pheasant hunter. Corporal Schubert was carefree and a bit of a joker. His sister, Elizabeth, remembered that, ``He would sometimes wrap stuff from around the house to give as gag gifts.'' Corporal Schubert courageously served our country with great distinction and, as a hero, died as a proud member of our Armed Forces. He served as a model of the loyalty, dedication, and military professionalism that is required for the preservation of freedom. The thoughts and prayers of my family, as well as our Nation's, are with his family during this time of mourning. As well, our thoughts continue to be with all those families who have children, spouses, parents, and other loved ones serving overseas. The lives of countless people were enormously enhanced by Nathan's goodwill and service. He inspired all those who knew him and our Nation is a far better place because of his life. All Americans owe Nathan, and the other soldiers who have made the ultimate sacrifice in defense of freedom, a great debt of gratitude for their service. I join with all South Dakotans in expressing my sympathies to the friends and family of Corporal Schubert. I know that he will always be missed, but his service to our Nation will never be forgotten.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I look forward to working with my good friend and colleague from my neighboring State of Wyoming. There are common grounds on issues that he has raised. I certainly agree that we need to always be on the alert for ways to find efficiencies in our Federal budget. However, I think we also need to keep in mind the reality that the domestic discretionary share of the Federal budget is now about 16 percent of that budget. As we look at ways to get our Federal budget back into equilibrium, one of the best solutions I believe would be to return to the budget rules which existed throughout the 1990s--the so-called budget rules which require a Congress any time it attempts to raise the spending above a certain baseline or cut taxes simultaneously to explain how it is going to be paid for so that the end result is budget neutrality, allowing the Government to grow its way out of budget deficits. That is the reason we had three consecutive years of budget surpluses in the 1990s. I believe we need to return to that kind of budget discipline. Regrettably, the administration opposes that discipline. But I believe, given the massive size of today's budget deficit, we need to create that structure once again. It concerns me when people allude to the Social Security trust fund as though it were some fictitious entity. The Federal Government borrows the money currently out of surplus dollars that come in through Social Security taxes--FICA taxes--and then issues to the trust fund a Treasury bond. It is no different than all the other borrowing the Federal Government does. The Federal Government has never in our entire Nation's history reneged on its bonded indebtedness. We would never dream of doing that and destroying our creditworthiness internationally. It would be, I believe, an immoral act to do so. The only reason there could be a long-term crisis in Social Security is if this administration and future administrations determine not to pay back its bonded indebtedness to the Social Security trust fund. It would be an unprecedented step. We need to make sure that is a step that is not taken. One of the best ways of doing that is to get our overall Federal budget back into equilibrium.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to discuss the future of Social Security. In recent weeks we have heard a lot about the President's intent to establish private accounts under the program. While no details have been shared with Members of Congress regarding his proposal, the limited information we have does indicate that the administration will only push and support a long-term solvency fix if it is married with a plan to divert payroll taxes to individual private accounts. Beyond the private account issue, it is unclear what the other details of the Bush plan will include. I am willing to work with the President and Members of Congress to improve the long-term outlook of this program, but the American people need to be clear in their understanding of the facts. The fact is, Social Security is not in crisis and private accounts will do nothing to help with the program's solvency. Yes, we do need to think about the future of this program. I am willing to hear the President's thoughts and work with him on this issue, but I will not support any efforts to dismantle a program that has protected millions in this country from poverty, and provided a guaranteed benefit for our most vulnerable citizens in their time of need. Social Security is the most important social insurance program ever created by this great nation, and it has provided seniors with the assurances they need in old age. In South Dakota, one in five people count on this program to put food on their table, buy their prescription drugs, and keep the heat running during the long cold winters. The program protects millions from poverty, and without it, the number of seniors living in poverty would rise from 10 percent to 50 percent. This is the mark of a strong safety net program and we must fight to ensure its longevity. While in the long-term we do need to find a sound solution to protect the solvency of the Social Security program, one thing must be protected now--the guarantee to retirees that they do not have to worry about living in poverty in old age, no matter what they made during their working years or how long they live. Seniors must be given the security to know to the dime what they will receive under this program, rather than having to worry about the climate on Wall Street. Since President Bush began his campaign for private accounts under Social Security, he has tried to convince the American people that the program is in crisis. This manufactured crisis is merely fiction and when you begin to look at the real numbers, you learn very quickly that his numbers just do not add up. The administration has been trying to tell an alarming story in which the program is broke in 2019. Reality tells us that in 2019 we will just begin to dip into the $3.7 trillion dollar trust fund to pay the Social Security bills and we will be able to draw on that fund for a long time--until 2052 according to the Congressional Budget Office. At that point in time, seniors will still receive 80 percent of projected benefits, and still more in dollars adjusted for inflation than what beneficiaries get today. The real fiscal crisis facing our Government today is not in the Social Security program, but rather in the Federal budget, which according to the administration will reach a deficit of $427 billion dollars in 2005. This is the result of the irresponsible decisions of the administration that has pushed tax cuts for the wealthy during time of war and continued to fight to make those tax cuts permanent. I was alarmed to learn that in fact the entire Social Security shortfall over the next 75 years is about one-fifth the cost of the Bush tax cuts if made permanent. Beyond these problems, the rising costs of our health care programs will continue to threaten our budget stability. This is the real crisis we are facing right now. At the end of the day, when you look at the numbers and the financial outlook for Social Security, we are in good shape for at least the next 50 years if not longer. When I look at the budget deficit today and a potential crisis 50 years from now, I am more concerned about ensuring that our Government can continue to pay its bills now and restore fiscal sanity to the Federal Government so we can honor our commitments in the near term--for soldiers in Iraq, for insurance coverage for the poor and for prescription drugs for seniors. In the short term, the administration's plan to establish private accounts will actually increase our budget deficit and cost the Federal Government approximately $2 trillion dollars over the next 10 years. He has not indicated how he would pay for that, and so that number just gets added onto the Federal debt, not even accounting for whatever privatization will cost us in the following years. Estimates indicate that this increased borrowing, primarily from foreign nations--Japan, China and others--could potentially double our publicly-held debt by 2041, further increasing our dependence on foreign creditors. Yes, any long-term savings the administration plan might create will be at the expense of providing seniors and all Americans a guaranteed benefit. I do believe that we should at least start a discussion about the long-term solvency of Social Security and we should explore all options for addressing this issue. I support encouraging Americans to establish private accounts only that are above and beyond what we do in Social Security right now. All of our citizens deserve a shot at a comfortable life in their old age. To get there we need to create a sturdy stool--a retirement security stool that provides a solid leg through a secure, guaranteed Social Security benefit; another leg helps protect the health and long-term health care needs of all people; and a third encourages individuals to save money for their retirement years, through private accounts, pensions and other programs. These are the things we should be thinking about as we look to the future. So what we have is a Social Security program right now that is solid, according to the nonpartisan Congressional Budget Office, through the year 2052, through the middle of this century. Even at the end of 2052, those payments for young people today would actually be higher, adjusted for inflation, than the monthly payments that today's recipients get. So is this a crisis? No. There is a problem, but there is not a crisis in the long term for Social Security. What concerns me is that I think some of the proposals I am hearing about have more to do with ideology, more to do with trying to move the Government away from providing that safety net than it does to actually solving what problems that may exist. I believe our seniors in South Dakota and across this country deserve to have a Social Security program with a defined benefit, that they will know to the dime what it is they are going to get when they retire, and that it is not contingent on whether the market had a good year or bad year in their runup time prior to their retirement. That defined benefit ought to be the cornerstone, ought to be the foundation, of every retirement. Whatever else happens, they should know that will be there, and that it does not involve a gamble in the stock market. I believe people ought to be saving more; that they ought to be provided better mechanisms to set aside money which they can count on that will be over and above Social Security, that will augment Social Security. I think we need to have a good discussion about IRAs and 401(k)s and other kinds of pension mechanisms that will allow for private savings to augment Social Security. But at the end of the day, the best thing this Government can do for the long-term solvency of Social Security is to get our annual budget into equilibrium so we can get back to where we were only 4 years ago-- with budget surpluses rather than utilizing Social Security surplus dollars for the ordinary expenses of Government; and, that we put ourselves in a still stronger position midway through this century to make sure every American gets the benefits to which they are entitled and which they expect to have. I look forward to working with President Bush and with my colleagues on both sides of the aisle on ways in which we can assist with the near-term crisis in Medicare, Medicaid, health care, the near-term crisis in terms of the budget deficit which our Nation faces, and the longer term problem that we have with Social Security, but in so doing I will not abandon the underlying philosophy of every American having a defined benefit program that will be the foundation of their retirement plan and on which they can, in fact, count. I look forward to a constructive and positive debate. Doing nothing is not the solution. But concocting false crises with remedies which actually make a situation worse than it is now cannot possibly be the road that this Congress, this Senate wants to go down. I yield the floor.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, today I wish to recognize the Dahl Arts Center in Rapid City, SD for all that it does to expand access to the arts and theatre to the entire Rapid City region. This corner stone of the Rapid City community has cultivated contemporary visual arts, community theater, and arts education since 1974, when Mr. and Mrs. Art Dahl bequeathed a generous gift to the Rapid City Arts Council. Not only has the Dahl Arts Center provided a forum for South Dakota artists to display their works and talents, but the center's free art galleries and art education classrooms provide the Rapid City community and its visitors the opportunity access our shared artistic heritage. The Dahl Arts Center is one of a dozen free attractions on Rapid City's Star Tour. The Center also houses a 200 foot oil-on-canvas mural painted by Bernard P. Thomas. This cycloramic mural depicts 200 years of American history and is enhanced by a taped narration and special lighting effects. A large special viewing room was built to house this epic creation and has become a great attraction for visitors of all ages. The Dahl also houses two galleries that feature paintings, crafts, sculptures and original prints selected from the works of regional artists. For the past 30 years, the Dahl has been a wonderful venue to enjoy a variety of art works from people of all ages and talents. I am very pleased that Rapid City has partnered with the Dahl Arts Center to expand this facility, double the seating capacity in its performance theater, expand space for education, rehearsals and meetings, create a children's education gallery and library, and provide climate-controlled space for the Dahl's permanent collection. Rapid City's generous financial commitments combined with the $2 million in private donations and pledges that have been collected thus far provide the bulk of the funding required for the Dahl Arts Center's expansion. I was pleased to work with my colleagues in the Senate to secure Federal funding of $250,000 to assist in the expansion effort of the Dahl Arts Center. When completed, this addition will ensure that the Dahl Arts Center will continue to serve as a cultural arts center for generations to come. All of South Dakota benefits from the continued growth of the Dahl Arts Center and its excellent programs.

Mr. JOHNSON

Mr. JOHNSON. Another issue about which I will share some thoughts with my colleagues today is my hope--and I think it is shared by our entire Nation--that this election in Iraq is the beginning of a new era, beginning of a greater era of stability and opportunity for the United States to diminish its presence in that very troubled place. My own oldest son served in combat in Iraq, and I appreciate profoundly the sacrifices and the risks and the courage of so many who have served our Nation there and in other dangerous places around the world. We have this hope while at the same time recognizing that one election does not a democracy make; that the potential for ongoing violence, for chaos in many parts of that difficult country remain, and the election will be viewed more credibly by some than by others. I am pleased the turnout seems to be significant, seems to be supportive, certainly, in the Kurdish and Shiite regions; less so in the Sunni areas where most of the violence has centered. Nonetheless, it is our hope this is a beginning, a start, at least, to the point where we can begin to take troops at some near rather than later time back home to the United States. We have paid a dear price. We are expending in the range of $2 billion per week in Iraq, in a country that was a regional threat, was not involved in international terror, but which was a regional threat to its neighbors at one time. It certainly is our hope the efforts that are ongoing there will lead to the ``Iraqification,'' if you will, of that country and the development of some self-governance in Iraq. The expenditure has been immense. We have not seen President Bush's budget for the next fiscal year yet. I am told to anticipate we will be spending $1 billion per minute on defense. This is a remarkable undertaking, an obligation that we are going to have to deal with. It is my hope we will in the future approach these conflicts with a greater eye toward multilateralism, toward cooperation with our allies--whether it be NATO, the U.N. or other regional security groups--and that we understand the reality that it is much easier to win wars than it is to win peace. It is certainly our hope that perhaps today marks some beginning in the progress toward if not peace, at least greater peace and greater stability than currently exists in that nation. I commend the troops who have served with such courage and such distinction, their families. I have contacted two South Dakota parents just today about the loss of their sons' lives. It is something that strikes home to me in a very profound way because of the experience of my own son. These families will never be the same. These losses are devastating. We sometimes see the numbers in the newspapers and treat it as though it were just another daily event, but each and every day these losses constitute a life-shattering experience for so many parents, so many families, so many spouses, so many children. We should never look lightly on the contributions, the courage, the distinction, the professionalism exhibited by these troops, and let us, as a Senate, do still more to see to it that to the degree we put these young men and women in harm's way we do so selectively where no other recourse is realistic and that when they are in harm's way they have the equipment, the ammunition, the body armor, the other resources they need to minimize what is already an enormous risk to each and every one of them each day they serve in that country. I express gratitude to our troops, their families, and caution that we still have a long way to go. The administration has indicated we may have troops in Iraq for another 5 years. I hope it is not that long. I hope we can see progress that will allow us to get every single one of our troops home sooner rather than later; that we can get this massive expenditure off the shoulders of America's taxpayers and be able to devote more of those dollars to the domestic needs we have in the United States, but at the same time recognizing yesterday was a day of some hope and expectation that perhaps better times will come in Iraq. I yield the floor.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I am proud to rise today to commend the Fishback family of Brookings, SD for its outstanding support of the arts. Van Fishback, who serves as president of the recently renamed First Bank and Trust in Brookings, and Robert Fishback, who serves as bank chairman of the board, have demonstrated their leadership in this area by helping to cultivate music and the performing arts in Brookings and the South Dakota State University community. First Bank and Trust and the Fishback family were recently recognized by the State of South Dakota for their contributions when they were selected as recipients of the 2005 Governor's Award for Outstanding Support of the Arts by an Organization or Business. This award recognizes the outstanding commitment to the arts demonstrated by the Fishback family, without whom the Performing Arts Center on the SDSU campus, the State University Theatre at SDSU and the Brookings Area Community Band might not exist. The personal contributions of Van and his wife Barbara, as well as Robert and his wife Pat, are notable for their longstanding personal involvement in numerous organizations that promote theater, music and historic preservation in Brookings. Particularly in a university town such as Brookings, the Fishback family's generosity and vision serve as an inspiration for many of South Dakota's promising young students, as well as patrons of the arts. The quality of life in all of South Dakota has been greatly enhanced by the Fishback family's commitment to excellence in the arts, and I thank them and their colleagues at the First Bank and Trust for their extraordinary leadership.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, it is with great honor that I publicly commend Dr. Vine Deloria, Jr., for receiving the American Indian Visionary Award. Dr. Deloria, a member of the Standing Rock Sioux tribe, is a distinguished Native American scholar whose research, writings, and teaching span history, law, religion, and politics. This award, given by the Native American publication, Indian Country Today, honors those who display ``the highest qualities and attributes of leadership in defending the foundations of American Indian freedom.'' This is an honor Dr. Deloria richly deserves. Born in 1933 in Martin, SD., Dr. Deloria has been at the forefront of American Indian activism since the 1960s. As executive director of the National Congress of American Indians from 1964 to 1967, Dr. Deloria frequently worked with leaders whose experience dated back to the Indian Reorganization Act of 1934. Consequently, Dr. Deloria attributes his involvement in the Indian movement to working with those influential people, as they encouraged a new breed of activists. For the past 4 decades, Dr. Deloria has been a voice of influence in Indian history, writing more than twenty books and countless articles and lectures. His works stimulated political thinking and discourse among Indian activists. As Wilma Mankiller, former Principal Chief of the Cherokee Nation, said of Dr. Deloria, ``No writer has more clearly articulated the unspoken emotions, dreams and lifeways of contemporary Native people.'' Now a retired professor of political science from the University of Arizona and retired professor emeritus from the University of Colorado, Dr. Deloria is still writing and inspiring young activists from his home in Tucson, Arizona. In fact, Time magazine recognized Deloria as one of the 11 most influential religious thinkers of the twentieth century. As Indian Country Today notes, ``Vine Deloria Jr. provided enormous perception, guidance, strategy and sheer analytical heft to the struggle for respect and justice for American Indians.'' Dr. Vine Deloria, Jr., is an extraordinary pioneer and supporter of Native American rights and the honor of winning the American Indian Visionary Award is one he highly deserves. He is a man of great scholarship and knowledge, and will continue to shape history for years to come. Dr. Deloria has never sought honors or recognition, but his scholarship has brought him well-deserved accolades. It is an honor for me to share his accomplishments with my colleagues and to publicly commend Dr. Deloria on his talent and commitment to history, understanding, and education.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to publicly commend the work of Mr. Dennis Wiese, President of South Dakota Farmers Union, SDFU, for his 12 years of dedicated service to South Dakota's farmers, ranchers and rural people. After six and a half terms as President of SDFU, Dennis has decided not to seek reelection and will begin his own consulting business in his hometown of Flandreau, SD. Over the years, Dennis has been extraordinarily committed to South Dakota agriculture and is a real ambassador for farming and ranching in the state. As chair of the National Farmers Union subcommittee that worked on the farm bill rural development section, Dennis' insight was invaluable, during negotiations on the Farm Security and Rural Investment Act of 2002. Since its establishment in 1914, South Dakota Farmers Union has consistently been a voice for family farmers and ranchers, always striving to improve the business climate for agriculture and the quality of life for all South Dakotans. Now, 91 years later, SDFU is regarded as the leader on issues concerning concentration in the agri- business sector. I have always been able to rely on Dennis and the SDFU for the backing needed to stand up for the family agricultural producers and the special position they hold America's business and cultural structure. Always looking to improve the quality of rural living, Dennis has been a consistent champion for fair trade, even when the notion has been unpopular to some. Throughout his presidency, Dennis faced some difficult situations. However, he never lost focus on the concerns that are important to South Dakotan's and continued to work for the betterment of rural America. Under Dennis' leadership, SDFU has enhanced the lives of thousands of South Dakotans through various educational programs, particularly those aimed at the younger generation of farmers. Involvement in the SDFU education program jumped from 389 young producers enrolled in camps in 1997, to over 1,200 participants in the most recent camps. These camps teach young people about the benefits of cooperatives and shared responsibility, as well as the important rural values that make South Dakota stronger. As Dennis noted in his farewell speech to SDFU: The most important Farmers Union is not the Farmers Union of yesterday. It is not the Farmers Union that I inherited from Dallas Tonsager, or the one we enjoy today. The most important Farmers Union is the one we turn over to the next generation of Farmers Union leaders. The most important Farmers Union is the Farmers Union of tomorrow. Dennis' hard work as president is reflected in the impressive legacy he leaves behind. SDFU has a strong, expanding membership, and prosperous and thriving education program filled with innovative ideas to revitalize South Dakota's rural communities. It is with great honor that I share Dennis' accomplishments with my colleagues and publicly commend him for excellently serving South Dakota and family farmers. I wish the very best for him, his wife Julie, and his children Dayton, Kyle, Owen, Austin and Elysa.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise to pay tribute to PFC Gunnar Becker, a member of the United States Army, who died on January 13, 2005, while serving in Operation Iraqi Freedom. PFC Becker was a member of the 63rd Armored Regiment, 1st Infantry Division. Answering America's call to the military, PFC Becker joined the U.S. Army shortly after graduating from Artesian-Letcher High School in 2003. His friends remember him as a good-natured, outgoing person with boundless enthusiasm and confidence to match. Kelvin Peterson, a good friend remembers him as always being able to put a smile on people's faces. Kelvin said, ``He knew how to make a person laugh and have a good time, because that's what he was all about, having a good time.'' PFC Becker served our country and, as a hero, died as a proud member of our Armed Forces. He served as a model of the loyalty and dedication that comes with preservation of freedom. The thoughts and prayers of my family, as well as our Nation's, are with his family during this time of mourning. As well, our thoughts continue to be with all those families who have children, spouses, parents, and other loved ones serving overseas. PFC Becker lived life to the fullest and was committed to his family, his Nation, and his community. It was his incredible dedication to helping others that will serve as his greatest legacy. Our Nation is a far better place because of PFC Becker's contributions, and, while his family, friends, and Nation will miss him very much, the best way to honor his life is to remember his commitment to service and his family. I join with all South Dakotans in expressing my sympathies to the friends and the family of PFC Becker. I know that he will always be missed, but his service to our Nation will never be forgotten. Specialists Jimmy Buie, Joshua Marcum and Jeremy McHalffey

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I will vote to confirm the nomination of Secretary-Designate Mike Johanns to serve our Nation as United States Department of Agriculture, USDA, Secretary. It is with no small obligation or minor imposition that this honor and responsibility fall upon Mr. Johanns, as he functions in his best capacity to fairly represent our varied and diverse regional issues in American agriculture. Our national agriculture sector is highly fractionalized as States seek to ensure representation for specific commodities and Farm Bill programs, and I am concerned, however optimistic, that Mr. Johanns will do his due diligence to ensure our South Dakotan and plains states interests are well represented at the Federal level and by USDA. Of immediate concern is the current status of the beef industry. While USDA forges ahead with their final rule to allow the importation of live Canadian cattle and ruminant products, I am alarmed for the implications on our beef sector and our producers' ability to make the bottom line. I am concerned for the inaccessible export markets that continually seem less reachable with USDA's treatment of this issue. I am continually dismayed that USDA appears to place the interests of Canadian cattle producers above the interests of domestic producers, and I am hopeful that Mr. Johanns will place this issue at the forefront of his agenda while assuming his position as Secretary. I am hopeful that Mr. Johanns will listen to the voice of the American agricultural producer and recognize the immediacy and timeliness of the issue. I am optimistic that Mr. Johanns will implement mandatory Country of Origin Labeling, COOL, which, while signed into law by this current President under this most recent arm Bill, has yet to be implemented. It is with increasing frustration that our producers await the benefits of this common sense program, and while it has been no secret that the administration is not favorable toward a mandatory food labeling program, I am hopeful that Mr. Johanns will honor the voice of Congress and of the American producer and move forward with the implementation process in a reasonable and honorable manner. The business of agriculture is becoming increasingly challenging for our small farmers and producers. Market concentration and vertical integration, unreasonable contract obligations, maintaining and developing export markets to garner a fair commodity price, and a serious disconnect between urban and rural America are driving our smaller farmers out of business on a daily basis. It is with no small sense of urgency that I emphasize the need to address these issues. I am hopeful, that as promised, Mr. Johanns will maintain an open door policy for members of Congress to discuss these issues and arrive at reasonable policy solutions that are valuable and substantive for the agriculture producer, in South Dakota and across America.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I publicly congratulate the Northern State University Marching Wolves on being selected to march in the Presidential Inaugural Parade on January 20, 2005. Northern State University has been an integral part of Aberdeen, SD, for the past century. The Marching Wolves were founded by Harvey Moen in 1941 and have represented Northern State University well for the past six decades. Today they are led by Dr. Alan LaFave, the Director of Bands at Northern State University, and Mr. Boyd Perkins, the Director of the Marching Wolves. The tradition of the Inaugural Parade is as old as the office of the President; as George Washington traveled from Mount Vernon to New York for his swearing in, militia members began to walk behind him, joined by government officials and Members of Congress once he arrived in New York on April 30, 1789. In 1801 Thomas Jefferson was the first President to be Inaugurated in Washington, DC, and Members of Congress and citizens walked with him from the Capitol to the White House to music played by the Marine Band. The Marine Band has played in the Inaugural Parade every year since. Though this will be the first time the Marching Wolves will participate in the Inaugural Parade, they have performed previously at professional football games and regional marching band competitions. The band is comprised of 125-130 students, making it one of the largest student groups at Northern State University. They rehearse daily during football season, and their members show great dedication to this remarkable organization. The band rehearses 5 days a week for an hour and a half during the fall semester. In order to prepare for the parade, they will be practicing an additional 3 days and 2 nights before the spring semester begins. The Marching Wolves have a great tradition of leadership within their band which has served them well. It is an honor to be chosen to perform in the Presidential Inaugural Parade, and I am proud to have the Northern State University Marching Wolves representing South Dakota. It is no surprise that an organization with the passion and dedication of the Marching Wolves was chosen for this privilege. It is with great honor that I share this impressive accomplishment with my colleagues.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to publicly thank Stephen R. Myers for his 32 years as chief investment officer of the South Dakota Investment Council. Mr. Myers has served with distinction as the state investment officer for the State of South Dakota since September 11, 1972. He will retire in January to spend more time with his wife, Mary Lynn. The South Dakota Legislature created the investment council in 1971 to manage seven funds, including assets from the State's retirement system and the proceeds from tobacco lawsuit damages. Mr. Myers invested $65 million during the first year of the council's existence and had immediate success. In more than three decades the fund has returned an average of 11.2 percent annually, while the capital markets benchmark is only a 10.5-percent annual return. The assets have grown to over $7.2 billion, with returns putting the funds in the top 1 percent of the Nation's pension funds. The returns from the SDIC's investments allow over 65,000 South Dakotans to retire with financial dignity. Mr. Myers is a man of passion and integrity who takes his responsibility to retiring South Dakotans very seriously. As he himself has stated, ``When you're managing other people's money, it simply won't do to have 99 percent integrity.'' Mr. Myers is also humble and quick to give credit to his co-workers and members of the South Dakota State Government for their roles in the SDIC's success. In addition to his role as chief investment officer of the South Dakota Investment Council, Stephen is a co-founder and past president of the South Dakota Investment Society and co-founder and executive committee member of the National Association of State Investment Officers. He also received the National Association of State Investment Officers' Stoddard Award for his significant contribution to the State's public pensions funds. After growing up in Pierre, Mr. Myers attended the University of South Dakota, where he met his future bride. His dedication to and love of the State of South Dakota is evident and has led to investments that have positively impacted every South Dakotan, either directly or indirectly. The State will miss his leadership, and it is with honor that I share his accomplishments with my colleagues.

Mr. JOHNSON

Mr. JOHNSON. Mr. President, I rise today to publicly honor and recognize one of South Dakota's favorite sons, Tom Brokaw. He has had an extraordinarily successful career as anchor of NBC Nightly News. During his 21-year reign as anchor, NBC moved from the least watched to the most watched network newscast. Born in Webster, SD, in 1940, Mr. Brokaw attended high school in Yankton, SD, and began his journalism career after graduating from the University of South Dakota in 1962. He was hired by NBC news in 1966. Throughout his tenure at NBC, Mr. Brokaw has gathered an impressive list of accomplishments. In 1987, he was the first American to interview Soviet Premier Mikhail Gorbachev, and this exclusive one-on- one from the Kremlin earned him the prestigious Alfred I. duPont Award. Mr. Brokaw was also the first American anchor to interview the Dalai Lama and to report on human rights abuses in Tibet. In 1989, Mr. Brokaw was the only anchor at the scene when the Berlin Wall fell, and in 1995 he was the first anchor to report from the site of the Oklahoma City bombing. He was also the first American anchor to interview Russian President Vladimir Putin in 2000. Mr. Brokaw has reported live from war zones in Iraq, Afghanistan, and Kosovo. Mr. Brokaw is a highly respected political journalist, having covered every American election since 1968. He anchored all of NBC's political coverage from 1984 through 2004, including primaries, national conventions, and election nights. He has also moderated nine primary and general election debates, including the Presidential debates of 1987 and 1991. In 1997, Mr. Brokaw won his second duPont award for ``Why Can't We Live Together,'' a documentary examining the racial separation within American suburbs. He won his first Peabody award in 1989 for examining American society in his report, ``To Be An American,'' and received another Peabody in 2004 for ``Tom Brokaw Reports: A Question of Fairness,'' which discussed the University of Michigan affirmative action case and the history of affirmative action in the United States. Mr. Brokaw has received seven Emmy awards for reports on China, the 1992 floods in the Midwest, and the 1999 Kosovo conflict, among others. With his 1998 book ``The Greatest Generation,'' Mr. Brokaw became a best selling author. ``The Greatest Generation Speaks,'' ``An Album of Memories,'' and ``A Long Way from Home'' subsequently followed. He has also contributed to The New York Times, The Washington Post, The Los Angeles Times, Newsweek, and Time. Prior to his position as sole anchor for NBC Nightly News, Mr. Brokaw served as Whitehouse Correspondent for NBC from 1973 to 1976, reporting on the Watergate scandal, and from 1976 to 1981 he anchored NBC's ``Today.'' After 38 years with NBC, Tom and his wife Meredith will be moving on to new challenges. Tom and Meredith have never forgotten their South Dakota roots and have returned home with great frequency. Their generous contributions of time and financial assistance to projects in Yankton, at the University of South Dakota, and throughout our State reflects their wonderful spirit of giving and a commitment to an enhanced quality of life for all South Dakotans. It is with great honor that I share his impressive accomplishments with my colleagues.