[Senate Hearing 111-243]
[From the U.S. Government Publishing Office]
S. Hrg. 111-243
HEARING TO CONSIDER THE NOMINATIONS
OF JOE LEONARD JR., KATHLEEN A.
MERRIGAN, AND JAMES W. MILLER
TO THE U.S. DEPARTMENT OF AGRICULTURE
=======================================================================
HEARING
before the
COMMITTEE ON AGRICULTURE,
NUTRITION, AND FORESTRY
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
APRIL 1, 2009
__________
Printed for the use of the
Committee on Agriculture, Nutrition, and Forestry
Available via the World Wide Web: http://www.agriculture.senate.gov
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COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
TOM HARKIN, Iowa, Chairman
PATRICK J. LEAHY, Vermont SAXBY CHAMBLISS, Georgia
KENT CONRAD, North Dakota RICHARD G. LUGAR, Indiana
MAX BAUCUS, Montana THAD COCHRAN, Mississippi
BLANCHE L. LINCOLN, Arkansas MITCH McCONNELL, Kentucky
DEBBIE A. STABENOW, Michigan PAT ROBERTS, Kansas
E. BENJAMIN NELSON, Nebraska MIKE JOHANNS, Nebraska
SHERROD BROWN, Ohio CHARLES E. GRASSLEY, Iowa
ROBERT P. CASEY, Jr., Pennsylvania JOHN THUNE, South Dakota
AMY KLOBUCHAR, Minnesota
KIRSTEN GILLIBRAND, New York
MICHAEL BENNET, Colorado
Mark Halverson, Majority Staff Director
Jessica L. Williams, Chief Clerk
Martha Scott Poindexter, Minority Staff Director
Vernie Hubert, Minority Chief Counsel
(ii)
C O N T E N T S
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Page
Hearing(s):
Hearing to Consider the Nominations of Joe Leonard Jr., Kathleen
A. Merrigan, and James W. Miller, to the U.S. Department of
Agriculture.................................................... 1
----------
Wednesday, April 1, 2009
STATEMENTS PRESENTED BY SENATORS
Harkin, Hon. Tom, U.S. Senator from the State of Iowa, Chairman,
Committee on Agriculture, Nutrition, and Forestry.............. 1
Chambliss, Hon. Saxby, U.S. Senator from the State of Georgia.... 6
Cochran, Hon. Thad, U.S. Senator from the State of Mississippi... 3
Conrad, Hon. Kent, U.S. Senator from the State of North Dakota... 11
Leahy, Hon. Patrick J., U.S. Senator from the State of Vermont... 3
Kilpatrick, Hon. Carolyn C., a Representative in Congress from
the State of Michigan.......................................... 8
Panel I
Leonard, Joe, Jr., of the District of Columbia, Nominee to be
Under Secretary for Civil Rights, U.S. Department of
Agriculture.................................................... 9
Merrigan, Kathleen A., of Massachusetts, Nominee to be Deputy
Secretary, U.S. Department of Agriculture...................... 4
Miller, James W., of Virginia, Nominee to be Under Secretary for
Farm and Foreign Agricultural Services, U.S. Department of
Agriculture.................................................... 12
----------
APPENDIX
Prepared Statements:
Cochran, Hon. Thad........................................... 30
Grassley, Hon. Charles E..................................... 33
Leonard, Joe, Jr............................................. 34
Merrigan, Kathleen A......................................... 37
Miller, James W.............................................. 40
Document(s) Submitted for the Record:
Committee questionnaire and Office of Government Ethics
Executive Branch Personnel Public Financial Disclosure
Report filed by Joe Leonard, Jr............................ 44
Committee questionnaire and Office of Government Ethics
Executive Branch Personnel Public Financial Disclosure
Report filed by Kathleen A. Merrigan....................... 59
Committee questionnaire and Office of Government Ethics
Executive Branch Personnel Public Financial Disclosure
Report filed by James W. Miller............................ 82
Question(s) and Answer(s):
Harkin, Hon. Tom:
Written questions to Kathleen Merrigan....................... 104
Written questions to Joe Leonard, Jr......................... 105
Written questions to James W. Miller......................... 106
Baucus, Hon. Max:
Written questions to Kathleen Merrigan....................... 107
Written questions to Joe Leonard, Jr......................... 107
Written questions to James W. Miller......................... 108
Chambliss, Hon. Saxby:
Written questions to Kathleen Merrigan....................... 110
Written questions to James W. Miller......................... 110
Cochran, Hon. Thad:
Written questions to Kathleen Merrigan....................... 112
Written questions to James W. Miller......................... 113
Grassley, Hon. Charles E.:
Written questions to James W. Miller......................... 114
Written questions to Kathleen Merrigan....................... 114
Written questions to Joe Leonard, Jr......................... 115
Roberts, Hon. Pat:
Written questions to Kathleen Merrigan....................... 116
Written questions to James W. Miller......................... 116
Leonard, Joe, Jr.:
Written response to questions from Hon. Tom Harkin........... 117
Written response to questions from Hon. Max Baucus........... 118
Written response to questions from Hon. Charles E. Grassley.. 118
Merrigan, Kathleen A.:
Written response to questions from Hon. Tom Harkin........... 120
Written response to questions from Hon. Saxby Chambliss...... 122
Written response to questions from Hon. Max Baucus........... 123
Written response to questions from Hon. Thad Cochran......... 124
Written response to questions from Hon. Pat Roberts.......... 126
Written response to questions from Hon. Charles E. Grassley.. 127
Miller, James W.:
Written response to questions from Hon. Tom Harkin........... 129
Written response to questions from Hon. Saxby Chambliss...... 130
Written response to questions from Hon. Max Baucus........... 130
Written response to questions from Hon. Thad Cochran......... 132
Written response to questions from Hon. Pat Roberts.......... 132
Written response to questions from Hon. Charles E. Grassley.. 133
Additional Material(s) Submitted for the Record:
Various organizations, letters of endorsement for Joe
Leonard, Jr................................................ 136
Various organizations, letters of endorsement for Kathleen A.
Merrigan................................................... 139
Various organizations, letters of endorsement for James W.
Miller..................................................... 185
HEARING TO CONSIDER THE NOMINATIONS
OF JOE LEONARD JR., KATHLEEN A.
MERRIGAN, AND JAMES W. MILLER
TO THE U.S. DEPARTMENT OF AGRICULTURE
----------
Wednesday, April 1, 2009
U.S. Senate,
Committee on Agriculture, Nutrition, and Forestry,
Washington, DC
The Committee met, pursuant to notice, at 2:02 p.m., in
room SH-216, Hart Senate Office Building, Hon. Tom Harkin,
Chairman of the Committee, presiding.
Present: Senators Harkin, Leahy, Conrad, Casey, Chambliss,
Cochran, Roberts, and Thune.
STATEMENT OF HON. TOM HARKIN, U.S. SENATOR FROM THE STATE OF
IOWA, CHAIRMAN, COMMITTEE ON AGRICULTURE, NUTRITION, AND
FORESTRY
Chairman Harkin. The Senate Committee on Agriculture,
Nutrition, and Forestry will come to order.
We have a joyous occasion today. We are here to do some
really good things this afternoon, and that is to hopefully get
through three eminently well-qualified individuals to carry on
the responsibilities and functions of the Department of
Agriculture.
First would be the Deputy Secretary of Agriculture. This is
a very demanding role, spanning the entirety of USDA's
responsibilities. The person in that role must, of course, be
capable of carrying out the job and also understand the range
of food, agriculture, and rural issues and be committed to
serving all of the people who rely on the Department of
Agriculture. Kathleen Merrigan is certainly no stranger to this
Committee. We welcome her today, and I will yield shortly to
Senator Leahy for purposes of introduction.
The Under Secretary of Agriculture for Farm and Foreign
Agricultural Services, responsible for essential functions of
USDA, the farm commodity and income support programs, farm
loans, crop insurance, disaster assistance, the Conservation
Reserve Program, commodity operations, also include the
overseas marketing information and development programs,
including export assistance and foreign food assistance. Jim
Miller has an extensive and strong background and experience
from a working farmer on to very capable work in helping us
craft the Food, Conservation, and Energy Act of 2008. And,
again, we congratulate him on his nomination to this key Under
Secretary position, and I will hold the record open at this
point for introductions by Senator Conrad, but he is chairing
the budget debate on the floor right now.
The Assistant Secretary for Civil Rights may well be the
toughest job anyone will take on at the Department. Stretching
back many decades, USDA has run up a string of documented
failures, abject failures, in respecting civil rights of both
the employees and USDA customers. The most visible
manifestation of these failures is the consent decree in the
Pigford v. Glickman case under which USDA has thus far paid out
nearly $1 billion to settle racial discrimination claims of
African American farmers.
The Pigford v. Glickman consent decree by no means cures
all of the sad record of civil rights and neglect in that
Department. Native Americans, Hispanic female farmers, are all
currently suing the Department for program discrimination.
African American farmers continue to file and to seek to settle
cases involved in the Pigford litigation. And USDA has a vast
backlog of race discrimination claims from employees as well.
So we congratulate and welcome to the Committee Dr. Joe
Leonard, Jr., as nominee for Assistant Secretary for Civil
Rights. He has a long history of working in key roles in civil
rights issues. We look to him to draw upon that experience to
turn around a very troubling civil rights situation at USDA.
Again, I will hold open the record at this point for a more
formal introduction by Congresswoman Kilpatrick from Michigan,
who I understand is on the floor at this time.
I will also hold the record open at this time for an
opening statement by our Ranking Member, Senator Chambliss.
Before I turn to Senator Leahy, I have an obligation to ask
you all to rise and take an oath. If you would please raise
your right hand, do you swear to tell the truth, the whole
truth, and nothing but the truth?
Ms. Merrigan. I do.
Mr. Miller. I do.
Mr. Leonard. I do.
Chairman Harkin. Second, do you agree--you can lower your
hands, but do you agree that, if confirmed, you will appear
before any duly constituted member of the Congress if asked?
Dr. Merrigan?
Mr. Miller. Yes, I do.
Chairman Harkin. Dr. Leonard?
Mr. Leonard. Yes.
Chairman Harkin. Jim Miller?
Mr. Miller. I do.
Chairman Harkin. Thank you very much. Please be seated.
I just want everyone to know that the Leader has informed
us that we will start voting at 3 o'clock, and there will be a
long series of votes, so it will not be the kind of thing where
we can go and come back. And so we are going to try to conduct
this and finish by 3 o'clock.
With that, I will yield to our former distinguished
Chairman of the Committee, Senator Leahy.
STATEMENT OF HON. PATRICK J. LEAHY, U.S. SENATOR FROM THE STATE
OF VERMONT
Senator Leahy. Thank you very much, Mr. Chairman, and thank
you for the opportunity to make a couple comments.
First off, you have three excellent people here in Dr.
Merrigan, Dr. Leonard, and Mr. Miller, and I can assure you all
three will have my support, both in the Committee and on the
floor. And it is nothing against Dr. Leonard or Mr. Miller if I
refer to Dr. Merrigan, who used to work for me on the Committee
of Agriculture and has been a great friend throughout both to
my wife and myself. She was my senior adviser in science and
technology issues. She worked on a wide range of things--the
Organic Foods Production Act, developing international
pesticide legislation, the emerging field of biotechnology. I
have relied on her both as Chairman and as Ranking Member.
She had firsthand knowledge of the inner workings of the
Department of Agriculture. She was Administrator of the
Agriculture Marketing Service, a $1.2 billion agency, over
10,000 employees, oversaw food grading and certification and
research promotion programs. Most recently, she has spent the
past 7 years at Tufts educating the future leaders in
agricultural policy, has a long and impressive resume. She
understands rural America. She understands all the various- -I
will not say much more if we are going to have----
[Laughter.]
Senator Leahy. I do not know if this is some kind of a
thing. I will put the full statement in the record, and just
have it noted for the record that the lights dimmed briefly. I
do not know if it is a sign from above, but, Kathy, I am so
happy you are here. I am so happy your husband and your two
absolutely wonderful children are here, and I congratulate you.
Thank you, Mr. Chairman.
Chairman Harkin. Thank you, Senator Leahy.
I yield to Senator Cochran for a statement.
STATEMENT OF HON. THAD COCHRAN, U.S. SENATOR FROM THE STATE OF
MISSISSIPPI
Senator Cochran. Mr. Chairman, thank you very much. People
think we are operating in the dark up here sometimes, and they
are right.
Well, I am glad to join you and other colleagues on the
Committee in welcoming the nominees to the Committee. We
appreciate your willingness to serve at high and important
positions of responsibility at the Department of Agriculture,
and we look forward to working with you as you assume these
duties.
I have a statement that I would like to have printed in the
record, Mr. Chairman. Otherwise, we look forward to your
testimony.
Chairman Harkin. Thank you very much. Without objection.
[The prepared statement of Hon. Thad Cochran can be found
on page 30 in the appendix.]
Chairman Harkin. This is the order in which we will
proceed: Dr. Merrigan, Dr. Leonard, then Mr. Miller.
Dr. Merrigan, again, I just want to join in welcoming you
back to the Committee in this capacity. And as I said, these
are joyous occasions, and if you have family members with you,
I would appreciate it if you would introduce them, and maybe
they could stand and be recognized.
Ms. Merrigan. Senator Harkin, thank you. I have with me my
husband, Michael Selmi; and my children, Fiona and Seamus
Selmi.
Chairman Harkin. Very good. Welcome. Glad to have you here.
[Applause.]
Chairman Harkin. Seamus? And who is the other one?
Ms. Merrigan. Fiona. My husband is Italian. They have his
last name. And so my people needed to be represented.
[Laughter.]
Chairman Harkin. Very good. Welcome.
I will say this at the outset: All of your statements will
be made a part of the record in their entirety. If you would
want to sum them up, we would be most appreciative. And there
go the lights again. What is happening here, anyway?
Ms. Merrigan. It has something to do with April Fool's, I
guess.
Senator Cochran. It is automatic. Maybe we are going to
have an automatic committee.
Chairman Harkin. Can someone----
Senator Cochran. We will not even have to show up.
Chairman Harkin. Oh, man.
[Laughter.]
Chairman Harkin. It is one way or the other. It is all or
nothing around here.
Please go ahead, Dr. Merrigan.
STATEMENT OF KATHLEEN A. MERRIGAN, OF MASSACHUSETTS, TO BE
DEPUTY SECRETARY, U.S. DEPARTMENT OF AGRICULTURE
Ms. Merrigan. Thank you. Mr. Chairman, members of the
Committee, it is a great honor to have been nominated by
President Obama to the position of Deputy Secretary. I am
honored by Secretary Vilsack's confidence in me and his
invitation to join him in leading the People's Department.
I appreciate Senator Leahy's generous introduction. He has
been an inspirational leader, a wonderful boss, and a true
friend to me and my family over the years.
Mr. Chairman, thank you for a very warm, kind introduction
in a return to the flock here. I have recognized my husband and
my children who accompany me here today.
I am grateful for the opportunity and privilege to appear
before you, to return home to the Committee where I worked with
many of you, and your able staff, to craft legislation and
oversee USDA operations. During my 6 years as a staff member
for this Committee, I came to understand firsthand how
essential it is for members of the Committee to receive timely,
robust, and honest assessments from the administration on
issues before the Committee. For this reason, I want to begin
my testimony pledging that, if confirmed, I will always
prioritize answering the Committee's questions and calls for
input. It would be an honor to join you in the common cause of
improving the lives of all Americans because whether they
understand it or not, each and every citizen needs U.S.
agriculture to thrive.
It was from a distance, in my role as a college professor,
that I watched as the 2008 farm bill took shape. It is a
masterful piece of legislation, with its 15 titles, 600
provisions, and creative new ventures. As someone who cares
deeply about American agriculture, I am grateful for the hard
work Committee members and staff devoted over a period of years
to bring about this historic law.
During the 1990 farm bill deliberations, I worked to help
Senator Leahy realize his vision for a national organic food
standards program, which was included in that omnibus bill. My
excitement, however, soon turned to frustration once we began
waiting for the law to be implemented, which took nearly 12
years. I do not want similar tales to be told about the 2008
farm bill. I understand that farmers and ranchers need
certainty. In some areas of the country, farmers have already
begun or are about to begin planting, and they need to fully
understand the programs that they will be utilizing. If
confirmed, I understand that it will be my job to assist the
Secretary and other leaders of the Department to ensure that
this law is implemented as Congress intended and as quickly as
possible.
The last time I appeared before this distinguished
Committee 2 years ago, it was during the shaping of the 2008
farm bill. I testified on ways to improve what is now the
Conservation Stewardship Program--CSP--a jewel among many
wonderful USDA programs. What I like about CSP program--your
program, Mr. Chairman--is that it recognizes farmers as
environmental stewards and rewards their contributions to
healthy food, land, water, and wildlife. If confirmed as
Deputy, one of my priorities will be to communicate the
important contributions made by farmers in protecting and
enhancing our natural resources, such as mitigating climate
change. As Secretary Vilsack has so ably articulated, we must
harness our research enterprise to find ways to expedite the
next generation of biofuels, develop new and market-worthy crop
rotations, and advance the use of agroforestry and biomass
strategies.
I teach at a graduate school of nutrition science and
policy, where understanding the paradox of childhood obesity
and hunger is central to our mandate. As Administrator of the
USDA Agricultural Marketing Service, I spearheaded efforts to
purchase commodities for our national school lunch and
breakfast programs. If confirmed as Deputy, I will seize the
opportunity to work with the Committee to assist your efforts
to reauthorize the Child Nutrition Reauthorization Act this
year. It is my goal and my passion to improve access and
delivery of nutritious foods--particularly fresh fruits and
vegetables--to our Nation's children. It is something we can
do; it is something we must do.
I will ask that the rest of my statement be entered into
the record because I know time is short. I just want to
conclude, Mr. Chairman, by saying I look forward to this
opportunity. I stand ready to serve, and I appreciate your kind
consideration.
[The prepared statement of Ms. Merrigan can be found on
page 37 in the appendix.]
Chairman Harkin. Thank you very much, Dr. Merrigan, for
your testimony and also for all your past help on this
Committee going back many, many years.
And now I would like to recognize our distinguished Ranking
Member, Senator Chambliss.
STATEMENT OF HON. SAXBY CHAMBLISS, U.S. SENATOR FROM THE STATE
OF GEORGIA
Senator Chambliss. Well, thank you, Mr. Chairman, and thank
you for holding this important hearing to consider the
nominations of Joe Leonard, Jr., Kathleen Merrigan, and Jim
Miller for key positions with USDA.
I would like to welcome each of you to the hearing today
and certainly am glad you have all your families with you
there. It is nice to see what great support you have.
After several years of input and development, the Food,
Conservation, and Energy Act of 2008 was enacted last summer. A
tremendous amount of work remains for successful implementation
of this legislation. Today's hearing is a step toward filling
important roles at the Department, and we look forward to
hearing how these nominees will contribute to timely and proper
implementation.
It is my pleasure to welcome and congratulate Joe Leonard,
Jr., as the nominee for Assistant Secretary for Civil Rights at
USDA. Based on your extensive background and your experience
with civil rights issues, it is no mystery why you sit here
today before this Committee.
USDA is a vast agency that has an impact on the lives of
every American. In your capacity as the Assistant Secretary for
Civil Rights, you will be tasked to ensure that all USDA
customers and employees are able to fully participate in USDA
programs and employment.
Indeed, one of the first things you will encounter is the
ongoing effort at USDA to resolve the many Pigford claims which
resulted from past USDA actions. Although the 2008 farm bill
provides an additional $100 million to resolve these cases, it
also authorized additional claimants. I am hopeful that you
will be able to resolve these claims as expeditiously as
possible. And as the former Executive Director of the
Congressional Black Caucus and the Black Leadership Forum, you
bring a unique perspective, Mr. Leonard, to these issues and,
if confirmed, I certainly look forward to working with you to
bring about a conclusion to this particular issue.
Ms. Merrigan, I have reviewed your testimony, your written
articles, as well as statements that you have made, and I
appreciate your passion and enthusiasm for the things that you
believe in--organic production, sustainable agriculture,
agricultural research, and human nutrition. However, as I
stated to you in person, I do have some concerns that in
promoting your passion for organic production and sustainable
agriculture, that you tear down other types of agricultural
production for those with different points of view.
For example, you wrote in an article in Nutrition Today
that ``the production of raw farm products is the stage of food
production that entails the greatest potential environmental
damage, water pollution, wildlife destruction, soil erosion,
loss of biodiversity, and global climate change. It may also
cover processing, which can entail toxic effluents, water
pollution, and solid waste.'' And I would simply remind you
that farmers and ranchers are the best environmentalists that
we have in America because they make their living off of the
land and they do everything they can to seek to protect it.
I know that perhaps if you had a chance to clarify this
statement--and you will have that opportunity today--you might
say it a little differently or more moderately.
I think it is the lack of balance in your views and your
writings that concerns me the most. No one denies there are
environmental challenges with production agriculture. But how
fortunate we are as Americans to have the financial resources,
ability, and commitment to ensure we have an agricultural
sector that produces an enormous variety of safe and abundant
food in an environmentally friendly manner.
In 2003, you wrote in an open letter to Senators that was
published in Catholic Rural Life Magazine, stating that, and I
quote: ``We must preserve a diverse farm base.'' While you were
not necessarily referring to agriculture generally, you
unintentionally make my case. There are 922 million acres of
farmland in this country. We have so many different crops,
climatic conditions, soil types, cultural practices, and
producers that there is no logic to believing that any one
method of production is better than another. Within our system
of government, there is not one of us that gets to decide what
constitutes a diverse farm base or how agricultural products
should be produced.
These issues that you are passionate about are very
important, but the Department of Agriculture handles a myriad
of important issues. As many arguments as there are for organic
production, there are just as many arguments against it. So
please keep a special place in your heart for organic
production. Don't let that be diminished. But, also, be open to
other types of production which gives all farmers options. As
Deputy Secretary at USDA, your job will not be to focus on your
personal interests or promote one type of agriculture at the
expense of the other. Your job will be to help run the
Department and its programs so that they work for all producers
and consumers, all Americans.
I think you know this, and I hope you plan to implement
this, and if confirmed, I look forward to working with you on
behalf of all of agriculture.
And to my good friend Jim Miller, it is a pleasure to
welcome you to the Committee in this capacity, Jim. As to
filling the need for Under Secretary of Agriculture for Farm
and Foreign Agricultural Services, you bring a lot of
experience, knowledge, and common sense to the Committee, and
we are glad that you are willing to come to the Department and
continue to be a public servant in this capacity. Given your
hands-on farm experience, your leadership roles in the
agriculture community, and your advisory role to my dear friend
Kent Conrad, we have great expectations for you.
In reviewing materials provided to the Committee, I learned
that Jim was President of the National Association of Wheat
Growers during the 1980's, a very challenging time for
agriculture. In news articles provided, I was pleased to read
about the confidence that he maintained in the American farmer
through those difficult times, and certainly they were
difficult.
My experience with Jim Miller is that he is a hard worker.
He is a fair-minded individual. He is certainly blessed with
intellect about agricultural policy, and during the farm bill
discussions and debate last year, there is nobody that I had
more confidence in or felt was blessed with more integrity than
Jim Miller, and you are to be commended for that.
Mr. Chairman, we certainly face challenges in agriculture
today--thankfully, not to the degree of the 1980's. Through
these uncertain times, we must support the American farmer and
rancher. They supply this Nation, and many others, a safe,
abundant, and affordable food and fiber supply. The Congress
and the U.S. Department of Agriculture must stand by our
agricultural producers and provide them an environment in which
they can prosper. Decisions related to the budget, commodity
policy, risk management, trade, and conservation policy all
play a role in creating such an environment.
Congratulations again to each of you as nominees, and I
look forward to visiting with you today.
Chairman Harkin. Thank you very much, Senator Chambliss.
I was just getting ready to introduce Dr. Leonard myself,
but we are joined by our distinguished colleague from the House
side, the Honorable Congresswoman Kilpatrick from Detroit, who
has come here for the purpose of an introduction.
We welcome you to the Committee, and we now yield to you
for the purpose of introducing Dr. Leonard.
STATEMENT OF HON. CAROLYN C. KILPATRICK, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF MICHIGAN
Ms. Kilpatrick. Thank you, Mr. Chairman and Ranking Member
and members of the Committee. Forgive our tardiness. As always
happens, the bells ring, we have five votes, and I am yielding
two of them to be here with my good friend and assistant, who
is an outstanding gentleman.
I come today to recommend and to highly support Dr. Joe
Leonard to be the next Assistant Secretary for Civil Rights
within the United States Department of Agriculture. As
Chairperson of the Congressional Black Caucus in the 110th
session, Dr. Leonard served as the best Executive Director I
have worked with in my 31 years of public service--tenacious,
intelligent, coalition builder, and one who understands the
body politic as well as why we build and must have a strong
Department of Agriculture.
Dr. Leonard hails from the city of Austin, Texas, is a
renowned author, historian. He also lived some part of his time
in New Orleans, and as Chairperson of the Congressional Black
Caucus in the 110th, Dr. Leonard helped me steer our 43 members
from 26 States. We represented over 300 million Americans in
those States, and he to a person was the reason why our 110th
session was so important.
It is important that we come to today, and I want to
commend the President's administration, President Obama's
administration for nominating such a fine gentleman. I have
worked with him. Our caucus highly regards you, sir. We will
miss you tremendously. We know of your civil rights history,
your Ph.D. from Howard University, your under grad, well
learned, historian on his feet, Chairman Harkin, and he will be
an asset to these United States of America.
It is my honor and privilege to recommend highly and to put
forward the name of Dr. Joe Leonard as Assistant Secretary for
the Department of Civil Rights in the Department of
Agriculture. He will serve our country tremendously.
Thank you very much.
Chairman Harkin. Well, thank you very much, Congresswoman.
Dr. Leonard, I notice that you have family here too, and
would you please introduce your family members who are here?
Push the button.
Mr. Leonard. Seated to my left is, if you don't mind
standing up, Cole Edward Leonard, and my wife of 15 years, Dr.
Natasha Cole-Leonard.
[Applause.]
Chairman Harkin. Welcome to the Committee. As I said, this
is a great day for all of us, and especially for all the
families who are here.
I just wanted to add, Congresswoman, that reading over Dr.
Leonard's bio and stuff, I read that his great-great- great-
grandfather fought at the Alamo.
Mr. Leonard. That is correct.
Chairman Harkin. I hope those genes are passed on.
[Laughter.]
Chairman Harkin. You are going to need that at the
Department of Agriculture, I think.
Mr. Leonard. They have been.
Chairman Harkin. Well, Dr. Leonard, welcome very much. Your
statement will be made a part of the record in its entirety,
and please proceed.
STATEMENT OF JOE LEONARD, JR., OF THE DISTRICT OF COLUMBIA, TO
BE UNDER SECRETARY FOR CIVIL RIGHTS, U.S. DEPARTMENT OF
AGRICULTURE
Mr. Leonard. Thank you, Chairman Harkin, Ranking?
Member Chambliss, members of the Senate Committee on
Agriculture, Nutrition, and Forestry. It is an honor to appear
before you today. I would like to thank Chairman Harkin and
Ranking Member Chambliss for their longstanding commitment and
dedication to the principles of civil rights while serving on
this Committee. I would also like to thank Representative
Carolyn Cheeks Kilpatrick for her warm introduction and to
indicate to her what an honor and privilege it has been to work
with her during the 110th Congress and as a senior advisor on
your staff. Thank you very much, Congresswoman.
I would also like to thank the Executive Director of the
Black Leadership Forum who is here for his friendship, long-
time friendship, and that is Mr. Gary Flowers.
It is a sincere honor and privilege to be selected by
President Obama to serve as Assistant Secretary for Civil
Rights at the United States Department of Agriculture during
this critical period in American history. As a historian, I am
mindful of the challenges that have been associated with this
office. USDA has recorded a turbulent history in civil rights
since the establishment of the Office of Equal Employment in
1971. Initially, the total civil rights program experienced an
almost revolving door situation with its leadership, and for
several years it averaged one director a year. Furthermore,
unfortunately, the allocation of resources--both human and
monetary--did not match its needs.
The suspension of investigations and compliance reviews in
the early 1980's and the associated reduction in the budget
left a crippling legacy. The establishment of the Office of the
Assistant Secretary for Civil Rights in 2003, through language
included in the 2002 farm bill by this Committee, was a step in
the right direction, but the challenges of addressing a
ballooning inventory of complaints and complex class action
complaints has not allowed it to fully address the many
functions under its jurisdiction.
The Department has also been confronted with complex legal
issues related to program discrimination complaints. USDA must
acknowledge its past mistakes and discrimination, correct its
errors, and move forward into a new era of transparency and
accountability that provides equal employment, equal access,
and equal treatment to all employees and customers.
It is important for me right now actually, before I get
into the rest of my statement, to thank my parents, Joe and
Shirley Leonard, for their support, sacrifice, and teaching of
what we refer to in my family as ``stickability.'' It is also
very important, as I look at this august body, for me to invoke
the names of past Leonard men--Jose, Levy, Charles, Dave, and
Joe Sr.--all of whom endured slavery or segregation so I might
have better opportunities today. I am confident that, if
confirmed, I, along with the staff that Secretary Vilsack is
putting together at the Department, will be able to tackle
these longstanding challenges and implement the requirements of
the 2008 farm bill as you intended.
Mr. Chairman, Ranking Member Chambliss, and members of the
Committee, if confirmed, I will do my best of my abilities to
reinvigorate the Office of Civil Rights. Specifically, I will:
Initiate preparations for the construction of a single
accurate data base for customer complaints and a separate data
base for employee complaints;
Take immediate steps to analyze this information to ensure
that the provisions of the farm bill on suspension of
foreclosures are being properly implemented;
Work to streamline the process for filing complaints for
USDA customers;
Work within USDA to employ full-time investigators,
encourage onsite investigations, and hire staff qualified to
support and assist the investigators and adjudicators in
processing USDA claims;
Conduct analysis at the points of service delivery to
pinpoint barriers to providing equitable access and treatment,
and develop solutions to overcome these barriers, including
providing tools to our customers to achieve intensive
grassroots effects;
Increase alternative dispute resolution and mediation
efforts to resolve complaints at the local and State level;
And review the overall organization of the Office of the
Assistant Secretary of Civil Rights to ensure optimal
information flow, cooperation, coordination.
When Secretary Vilsack was before you, he reaffirmed his
commitment to resolving longstanding civil rights claims at
USDA. I am equally committed to that end and hope that my
career is a testament to that.
This Committee plays a vital role in overseeing the
operations of USDA and the Office of Civil Rights, and, if
confirmed, I look forward to working with you to ensure that
you and your staff are fully informed of the work of this
office.
Last, I conclude by expressing my gratitude to President
Obama for the confidence he has placed in me to take on this
honorable responsibility and to you Mr. Chairman and Ranking
Member Chambliss and the members of the Committee for the
opportunity to appear before you today.
Thank you.
[The prepared statement of Mr. Leonard can be found on page
34 in the appendix.]
Chairman Harkin. Dr. Leonard, thank you very much for an
excellent statement, and right on time.
I would yield to my great friend and distinguished Chairman
of the Budget Committee and a senior member of the Agriculture
Committee for the purposes of introducing Jim Miller.
STATEMENT OF HON. KENT CONRAD, U.S. SENATOR FROM THE STATE OF
NORTH DAKOTA
Senator Conrad. Thank you, Mr. Chairman, and this really is
a proud moment to be here to strongly support the nomination of
Jim Miller to be USDA Under Secretary for Farm and Foreign
Agricultural Services.
I think everybody on this Committee knows Jim very well
already. He was my lead negotiator during the farm bill
negotiation, served on the Budget Committee on my staff from
2004 to 2008, did an absolutely superb job in every capacity--
no more so than during the difficult farm bill negotiations. I
think every member grew to respect his knowledge. He has truly
an encyclopedic knowledge of agriculture policy.
In addition, he knows the numbers. Jim has a remarkable
gift for not only understanding the substance of policy, but of
also knowing the numbers. In fact, we often used his
projections while we were awaiting more formal scoring because
we knew Jim's numbers were right on track.
In addition to that, there are very few people I have
encountered in my life that have a greater character or quality
than Jim Miller. He is just an exceptional person, able to get
along with virtually everyone, extremely hard- working, and
somebody that truly cares about farm and ranch families across
America. And he does not just care about the ones in North
Dakota or the ones in Washington State where he has farming
operations. He cares about farm and ranch families all across
America, and precisely the kind of person that we need in this
posting. I am so pleased that President Obama recognized Jim
Miller for this position.
I just want to say to my colleagues, I strongly support Jim
Miller for this position. I would support Jim Miller for any
position. He is simply the best.
I am delighted to be here. Thank you, Mr. Chairman, for
this time.
Chairman Harkin. Thank you very much, Senator Conrad.
I will add a couple of things. I had suggested to Secretary
Vilsack, I said, ``Well, Jim is going to come in this position,
but anytime you got any problems with your budget, go see
Jim.'' And I hope he does when he is working out the numbers
and everything.
I might also add just one other thing that I am very proud
of Jim Miller about, and that is, all the work that you have
done with the Farmers Union for all these years. Great farm
organization, one that I have been very close to for all the
years, 35 years, not this one, but the Ag Committees in the
House and the Senate. And so I appreciate all the leadership
you have provided to the National Farmers Union for so many
years.
So welcome and, again, you have family here, and since this
is a great day for you and your family, could you introduce
your family to us, Jim?
Mr. Miller. Thank you, Mr. Chairman. It is a pleasure to be
back at the agriculture Committee. I would like to introduce my
family.
Next week, my wife, Sandy, and I will be celebrating our
35th wedding anniversary.
Chairman Harkin. Congratulations.
Mr. Miller. So I would like to Sandy to stand up.
Obviously, she has a great deal of patience and understanding.
[Applause.]
Mr. Miller. Also, my oldest son, Matt, and his wife,
Alison, are here; as well as my youngest son, Adam, and his
wife, Amber, who came in from Phoenix to participate.
[Applause.]
Chairman Harkin. Oh, please stand up.
Mr. Miller. I am certainly happy they were able to be here
today.
Chairman Harkin. Oh, that is wonderful. That is wonderful.
Well, again, your statement will be made a part of the
record in its entirety, and please proceed as you desire, Jim.
STATEMENT OF JAMES W. MILLER, OF VIRGINIA, TO BE UNDER
SECRETARY FOR FARM AND FOREIGN AGRICULTURAL SERVICES, U.S.
DEPARTMENT OF AGRICULTURE
Mr. Miller. Thank you, Chairman Harkin, Ranking Member.
Chambliss, and members of the Senate Committee on
Agriculture, Nutrition, and Forestry. It is a real pleasure to
be able to appear before you today, and in particular, I want
to thank my friend and mentor Senator Kent Conrad for his kind
introduction and just to say how much I truly enjoyed working
for him as a member of his Senate Budget Committee staff for 4
years. It was just a wonderful experience, and, Senator, again,
thank you very much for being here. It means a lot to me.
Mr. Chairman, it is truly an honor and a privilege to be
nominated by President Obama to serve as Under Secretary for
Farm and Foreign Agricultural Services at the Department of
Agriculture during this very critical period. I am very mindful
of the responsibilities of this position and the importance of
its mission areas to our farmers, ranchers, and communities, as
well as to the American taxpayer and our consumers, both here
and abroad.
The mission areas for the Under Secretary position for
which I have been nominated include the Farm Service Agency,
the Foreign Agriculture Service, and the Risk Management
Agency. Each of these agencies is staffed with professionals
who work very hard to provide the highest level of service to
their customers and to their stakeholders.
If confirmed, it will be a great honor to work shoulder-to-
shoulder with these fine public servants to carry out the
policies and responsibilities that the Congress and the Obama
administration have identified for each of these agencies.
Today the American people are faced with historic economic
challenges. Farmers, ranchers, and rural communities are not
immune from this crisis. Tremendous uncertainty exists
throughout production agriculture because of weaker commodity
prices, high input costs, and increased difficulties when it
comes to financing farm operations. And, as is always the case,
farmers and ranchers must also cope with the weather.
I am under no illusion about the difficulties our producers
are facing this year. Furthermore, I recognize that USDA must
quickly make up ground in implementing the 2008 farm bill to
ensure the safety net that was promised in the legislation is,
in fact, delivered.
I am keenly aware of the extraordinary effort made by this
Committee last year to produce a historic farm bill. If
confirmed, I will regularly consult with members of the Senate
Agriculture Committee and your colleagues in the House to move
as quickly as possible to implement the many provisions of the
Food, Conservation, and Energy Act of 2008 as well as the
provisions of the American Recovery and Reinvestment Act that
fall within the FSA, FAS, and RMA mission areas.
If confirmed, I pledge to work with all my energy to
implement these programs in a way that is consistent with the
intent of Congress and fair and equitable to those who
participate in these programs.
Specifically, I will:
Conclude the departmental review of the 2008 farm bill
regulations promulgated by the previous administration and
press to issue the regulations pertaining to the 2009 commodity
programs as well as other important provisions such as the
Conservation Reserve Program and the Biomass Crop Assistance
Program as soon as is practical;
I will ascertain the status and expedite the process of
developing the regulations to implement the disaster provisions
of the 2008 farm bill as amended by subsequent legislation;
Examine the tools available to help alleviate the crisis
conditions that exist within specific sectors of production
agriculture such as dairy;
Review the public comments and initiate the process to
promulgate the rules pertaining to the payment limitation
provisions for the 2010 commodity program year;
Work to ensure the agriculture export programs supported by
the Foreign Agriculture Service continue to meet the needs of
their stakeholders and to expand agriculture sales abroad and
help alleviate hunger overseas;
I will implement the modifications to the Federal crop
insurance program as prescribed by the 2008 farm bill and
initiate preparations for the upcoming round of negotiations of
the Standard Reinsurance Agreement between USDA and its private
sector insurance partners.
I also pledge to work within the Department and with
Congress to develop a realistic and workable plan to modernize
the information technology at USDA.
In addition, Mr. Chairman, I want to emphasize my
commitment to a statement Secretary Vilsack made during his
confirmation hearing. The Secretary stated he would work hard
to resolve outstanding civil rights claims in program and
employment practices and would not tolerate discrimination in
any form at USDA. I, too, am committed to turning this page at
the Department. Discrimination in any form will not be
tolerated in the agencies over which I have responsibility.
Let me conclude by once again expressing my gratitude to
President Obama for the faith and confidence he has placed in
me to take on this important responsibility and to you, Mr.
Chairman, Senator Chambliss, and members of the Committee, for
the opportunity to appear here today.
Thank you.
[The prepared statement of Mr. Miller can be found on page
40 in the appendix.]
Chairman Harkin. Thank you very much, Jim.
Well, we will begin a round of questions here, just 5
minutes each. We have some time here before 3 o'clock.
Dr. Leonard, if I might just start my round of questioning
with you, at his confirmation hearing Secretary Vilsack
promised this Committee that he would resolve once and for all,
all the U.S. Department of Agriculture's longstanding problems
with discrimination within the agency, and here is what he
said, and I quote: ``If I am confirmed, the message will be
clear. Discrimination in any form will not be tolerated in this
Department.''
Then he made a commitment to clear the backlog civil rights
complaints leveled against the agency. In addition, the
Government Accountability Office, GAO, after conducting a
careful investigation of USDA's history of discrimination,
recommended that the agency immediately ``obtain an expert,
independent, and objective legal examination of the basis,
quality, and adequacy of USDA's investigation of and decisions
on civil rights complaints along with suggestions for
improvement.'' That is from GAO.
Do you know whether the agency has followed the GAO's
recommendations and hired such a legal expert? Or do you know
if they are going to do so shortly?
Mr. Leonard. The first conversation that I had with
Secretary Vilsack was about Pigford and settling Pigford.
The second conversation that I had with him was regarding
the back-up, the large number of cases. The GAO report also had
three data bases. There is no accurate number on how many
complaints there are. I am confident, especially given--I saw
that report to the Committee. I also saw articles of interviews
that he did with USA Today and the National Journal very early
on. I am confident that he will do whatever is necessary in the
stalemate of complaints. I am very confident.
To be frank with you, I had another option. I wanted to
come here and work with him in settling these cases.
Chairman Harkin. I appreciate that. Again, having been on
the House and Senate committees all these years, when all of
this started coming to light--oh, gee, this has been over a
dozen years ago, almost 15 years ago now--and hoping that
things would change and happen, but it seems to me that
whenever it was done internally, it never got done.
And so, again, that is why we asked the GAO to do this
study, and the GAO has basically said that they should obtain
an independent expert, objective analysis of all of this, along
with suggestions for what they do. And I would just ask you: Do
you agree with GAO's recommendation that the Department's
persistent failure to resolve its history of discrimination
against its employees and program participants has created a
need for the Department to immediate obtain an independent and
objective legal examination?
Mr. Leonard. Well, without having talked to Secretary
Vilsack, if confirmed, I am sure that he will do all that is
necessary to respond to the GAO report. I am looking forward to
working with people like Lloyd Wright in order to find these
numbers. Those individuals have not been put in play, I think,
because if he would have worked on this long enough, there
would be a good number and the GAO report would not be needed.
But I believe that, if confirmed, working with individuals,
with the stuff of these individuals that are there that I have
been able to meet the last week, I believe--and possibly
working with an outside entity, I think that we will not have
to revisit this in the next farm bill. And I welcome any
additional resources that you would like to assist in giving us
in order to--so that you will not have to revisit. You have
been doing this a long time, and I can understand anything--
another individual coming to you saying, ``Give me time.'' So I
welcome any additional resources so that we can put this ugly
chapter to bed.
Chairman Harkin. I appreciate that. I appreciate that.
Well, it is just something that we just cannot--we just
continue to kick the ball down the field. We cannot kick it
down anymore. And Secretary Vilsack I know feels very strongly
that way also.
Well, my time is up. I just want to ask you, Jim, about the
computer system, about RMA, but I will do that on my second
round.
I will yield now to our distinguished Ranking Member
Senator Chambliss.
Senator Chambliss. Thanks, Mr. Chairman.
Dr. Leonard, as you know, USDA is an extremely large
governmental Department with a number of agencies and offices,
well over 100,000 employees. The Office of Assistant Secretary
for Civil Rights mission is, and I quote, ``to provide
leadership and direction for the fair and equitable treatment
of all USDA customers and employees while ensuring the delivery
of quality programs and enforcement of civil rights.''
How does your previous work experience prepare you for the
responsibility of carrying out this mission in such a large
organization?
Mr. Leonard. It is funny because, you know, I was talking
to my wife earlier today, and it seems as though my entire life
has led me to this moment. I remember going to a--and listening
to your earlier comments, I remember I was coaching a track
team in New Orleans, Louisiana, and no one wanted to coach this
track team. Ironically, the social secretary's father was
athletic director for the district, and he said, ``I will give
you three teams. You can choose either one. Neither one of them
have done much.'' I chose a team. Within 5 years, we had
everyone in state every year.
Rainbow/PUSH is a hard place to work. Reverend Jackson will
push you. It doesn't sleep. I did that for 4 years.
I went to the Black Leadership Forum, and the Black
Leadership Forum had some debt. Paid off the debt in 2-1/2
years, and it is still a functioning organization. No one
really wanted to go there.
The Congressional Black Caucus, we have 43 bosses. It is an
interesting place to work. And many people would heed that
warning as well.
And I listened to you all earlier. The only thing I could
tell you, Congressman, is that you have to have a lot of
dedication and ``stickability'' there, I mentioned in my
earlier comments, and that is my family's version of discipline
and stick-to-it-tiveness and discipline and diligence and
trying your best in everything you do. And I have been blessed
through the years to have people--I looked at the farm bill.
You already are doing it. I have to implement what you all have
done in 2002 and the adjustments that you made in the 2002 farm
bill, and then the additional adjustments you made in 2008.
The field is laid. I simply have to come in, preferably
get, you know--if selected--come in and put the effort and talk
to you all and speak to you all and get your advice and
guidance, because you have been doing this much longer than I
have. But the passion has to be there, the passion to correct
change, and the passion Secretary Vilsack showed in stopping
what is going on is very attractive.
So I have, I believe, in addition, I think that I have
everything that is needed. I have the stuff that is needed to
do this because, I mean, this is a hard job. I think the team
that Secretary Vilsack is putting together, listening to Mr.
Miller's statement, is ready to help. I think the alternative
dispute resolutions, I think the beginning farmers program, I
think the technical assistance, I think the idea that Mr.
Miller comes in and wants to find a set of numbers--if he is
that good on the numbers, I need him to work on some numbers
for me. I mean, this sort of team that you are building
together to win, to go back to my track analogy.
So it is a lot of moving parts. Yes, it is. And you have to
get managers in those moving parts that have the same degree of
passion ``stickability,'' discipline, and is on the same sheet
of music as Secretary Vilsack, the coach. So we will--it is not
any one person that caused this problem, and it will not be any
one that succeeds in it. But all of us working together, we
will get it done.
Senator Chambliss. Thank you. You have got a lot of
challenges out there, but your background does give you a lot
of experience to rely on to address those challenges.
Dr. Merrigan, I want to give you an opportunity to talk for
a minute about your passion that I referred to, as well as your
position on production agriculture. And I will not ask it in
the form of a question. You and I have talked about this before
together, but I want to give you an opportunity for the record
to state your position, not just on sustainable agriculture but
on production agriculture.
Ms. Merrigan. Thank you for the opportunity, Senator
Chambliss, and I thought back to our meeting, and I realize one
of the things I want to tell you is I grew up in rural America.
There are rural parts of Massachusetts where people actually
have to drive an hour to go to the grocery store. I grew up in
a home next to a farm--a farm that was lost to development,
housing development, and to commercial enterprises. I grew up
in a community next door to a town where farmers lost their
water supplies because of groundwater contamination from
tobacco, cigar-wrap tobacco up where we are at, tobacco growing
and potato growing.
And so being in rural America, American agriculture is a
part of the fabric of who I am, and that is where I come from.
While I did not grow up on a farm, it was part of my community.
And coming to the Deputy job, I would see it as a great
opportunity to represent all kinds of agriculture.
As you have said, organic is a small slice of the pie, 2,
maybe 3 percent of overall production in American agriculture,
a very exciting enterprise that has attracted young new
farmers, and we certainly need new farmers because the aging
population in the farm communities is of concern to all of us.
But there is also the important disappearing middle, those
farmers out there who are not making it, and I want to help and
find ways to encourage them, and some of that is going to be
through important conservation programs, to give them the
assistance they need. EQIP, CRP, CSP--those are very, very
important programs, and they help farmers. And I think that
there are ideas that I can provide and help in that way.
You know, 20 percent of producers are providing 80 percent
of the food. I understand that reality, Senator Chambliss, and
when I was AMS Administrator, I worked on the organic program,
but I also worked on milk marketing orders and check-off
programs and commodity purchases of all sorts. And so I would
like my history before the Committee to be not just those
articles, which are out there and they are provocative--I have
always been a provocateur; that is part of my personality--but
also some of the hard that I have done for a range of
agricultural interests.
Senator Chambliss. OK.
Jim, you have pretty well, I think, answered all the
questions that I might have for you over the years that I have
known you and had the opportunity to work with you. And I was
very pleased to hear you say that right out of the box, you are
going to look toward implementation of the farm bill,
particularly with the regulations that were forthcoming in the
previous administration that have not been totally reviewed to
this point and need to be reviewed and need to be put in place.
The Chairman and I have had conversations with the
Department about that very issue, and it is important that we
get the farm bill implemented. Gosh, we are here already in the
second year of that 2008 farm bill. That is hard to believe
after all we went through last year, but you know the issues,
and even though you come from a part of the world where you do
not grow peanuts and cotton, as we do in the Southeast, you are
very familiar and knowledgeable about those crops. And we have
got some issues there particularly with respect to posted price
on peanuts that I look forward to dialoguing with you about
early, because it is a critical issue that is kind of unique to
peanut farmers.
So, again, thanks to all of you for your willingness to
serve, and we look forward upon confirmation to working with
you.
Chairman Harkin. Thank you very much, Senator Chambliss.
First of all, Dr. Leonard, before I finish with your series
here, first of all, you mentioned that you are going to rely on
Lloyd Wright, you are going to have Lloyd Wright working with
you?
Mr. Leonard. He has been assisting in the briefings.
Chairman Harkin. Well, you could not find a better person,
let me tell you that. OK?
Mr. Leonard. He has been very helpful.
Chairman Harkin. This guy is great. I know. He used to work
for me. I see him sitting back there. You could not find a
better person that knows that Department and knows how to get
things done, so I recommend him highly for whatever you are
using him for--well, I mean, it depends, I guess. But he is a
great friend, and you are well advised to take his advice and
consultation.
Let me also say this, Dr. Leonard: I have known your boss--
well, you have two bosses. You have got the Secretary and you
have got the President, obviously. I am talking about your
immediate boss, the Secretary. I have known him for--well, let
us see--just about 20 years now. Let me think about that. Yes,
just about 20 years--before he was in office, when he was a
mayor; when he was a State senator; of course, then as
Governor. So I have just known him all these years.
I can tell you that he gets it. When it comes to civil
rights, this guy gets it. And you will not find a better boss
and somebody to have on your side in clearing up this backlog.
We have talked about it. This is not just something that he
knows. I mean, he feels this in his guts. This guy gets it. So
I just want you to know you've got someone I admire greatly,
and I know how deeply committed he is to clearing this thing up
once and for all. So you are going to have a good partner in
that.
Mr. Leonard. Thank you.
Chairman Harkin. Jim, I said before, you know, one of the
things we did in the farm bill, we put the money in there for
the computers. This is kind of a mundane topic. But we put the
money in there for computers for the RMA, but we were not able
to get the money for the new computer system for the Farm
Service Agency.
Now, I have already heard little problems about this may be
coming up, so the antiquated system in FSA creates some
inefficiencies there for their personnel and program
participants. I am hopeful that soon we can come up with the
money for that. We have got to get that done somehow. But,
again, would you address yourself to the prioritization of the
need to ensure that the improvements to the RMA computer system
will be compatible with the Farm Service Agency system so that
this data is transferable?
Now, that is kind of a mundane question, but I am telling
you, I am already hearing that there may be some problems
there. And this could slow things down, and, you know, we want
to get these things moving as rapidly as possible. So if you
could just address yourself to that need for those new
computers at the FSA.
Mr. Miller. Well, thank you, Mr. Chairman. It is time that
we move the Department of Agriculture, and particularly the FSA
and the RMA, into the 21st century. And I know during the
debate over the farm bill, there were a lot of discussions
about the need for new technology in both agencies. And, of
course, we were always fighting a battle of the budget at that
time, and we know that it is not going to get easier as we look
down the road. But we are in a situation now that there is
always the fear that we could lose our ability to actually
deliver programs just because of the systems that exist.
If confirmed, I certainly want to work with you and Senator
Chambliss and your House colleagues to figure out a way not
only to bring new technology to RMA, but I completely agree
with you, we have to find a way to have an integrated system, a
system that can literally talk back and forth across agencies,
because it is extremely important that they be able to share
information efficiently, and also a system that can be more
readily accessible by the stakeholders, by farmers and
ranchers. And we know that that has a cost associated with it,
but we are suffering, I think, a very great cost the longer we
delay.
We cannot just keep patching this old system back together
and expect that it is going to serve the needs of the country
in terms of the programs that we have to deliver. And as we
make these programs more and more complex--and whether we like
it or not, that is exactly what we have done--the need is even
greater.
Chairman Harkin. One other thing, Jim, you know, we reduced
the amount of acres in the CRP program down to 32, but that was
not a limit. That was sort of a target. And now with all this
talk about cap and trade--and we may actually pass that this
year. I don't know. I am not on that Committee. But it is going
to have an impact on agriculture, and I think, to speak for us,
we want to make sure that Agriculture gets its rightful place
in the ability to sequester carbon and to be able to
participate in that.
Obviously, one of the best areas for that is CRP, long-
term land set-asides. And so I just wonder if you have given
that any thought, and then we just need to work together to
make sure that if, in fact, there is such a cap- and-trade
system, that we do have a strong place for agriculture and for
our farmers to be able to partake of the benefits of that. And
CRP, it seems to me, is one of the best. I just wonder if you
have any observations on that.
Mr. Miller. Mr. Chairman, I certainly concur with you that
the opportunities in rural America not only to increase our
production of a lot of different forms of renewable energy,
whether we are talking about renewable energy in the form of
liquid fuels such as the next generation of ethanol through
cellulosic production or wind energy or solar, are tremendous
economic opportunities.
At the same time, I believe that you are absolutely
correct, if we are going to do something in terms of taking a
serious effort at reducing greenhouse gases, agriculture needs
to be a participant in that in a way that it can benefit from
the new technologies, whether they are for crop farmers or
livestock farmers, that may allow them to get paid for
sequestering carbon, for instance.
So I certainly look forward to working with you and other
members of the Committee in ways that we can ensure that
farmers are able to benefit from this exciting new industry in
a lot of different ways.
Chairman Harkin. Well, I am glad you added that. I did not
put that in my question, but I am glad you added that because,
obviously, wind energy and liquid fuels, biomass, all the
things taking place, but also in addition to getting the
benefits from carbon sequestration so that there could be a
whole new income stream for farmers out there.
Mr. Miller. I think it presents maybe the best single
opportunity that we have seen in production agriculture,
possibly since the Green Revolution in terms of what we might
be able to do in the future.
Chairman Harkin. All right. Thank you very much.
Well, Dr. Merrigan, listening to your exchange on organics,
it may be small, but it is the fastest growing part of
agriculture in America today--the fastest growing part, even in
Iowa. I think we must be--I think we are No. 2 now in the
Nation. I think, if I am not mistaken, in the number of organic
farms. And this has just burgeoned over the last few years.
We used to have a saying in Iowa that if a young person
wanted to get into agriculture, he did hogs, because you could
turn pigs, you know, rapidly and it was a good cash-flow. Well,
because pork production has now gotten larger and larger, more
confined, to many of our younger farmers that is not a viable
entryway now to agriculture. Organics is. We are finding a lot
of young people in Iowa now with just a few acres able to grow
organics and sell them at premium prices and get a good cash-
flow. They may be working in town and doing other things like
that, but at least it gives them some cash-flow.
Well, to that end, this Committee did quite a bit in the
last farm bill on organics. I was just looking at it. We did
the Organic Certification Cost-Share Program. We had $5 million
in 2002 bill. We put $22 million in the 2008 bill for the cost
share. Organic research, we authorized it in the 2002 bill. We
put $78 million in the 2008 bill.
For organic data collection, market data so we would have
some market data out there for organic farmers to know what was
happening, we authorized it in the 2002 bill, but we put $5
million in the 2008 bill.
And in the organic EQIP, we put transition money in there,
made it available nationally so they would be eligible in the
Environmental Quality Incentives Program, that they could be
eligible for that.
So we have, I think, on this Committee and in the House
Committee recognized the importance of organic agriculture in
this country and the need to do all we can to promote it.
The demand is there. I have been talked to by people who
run big grocery chains, and they have said to me they have to
import organics because they cannot get enough here. That does
not make sense to me. If the demand is there and the public is
demanding it--and they are--then it seems to me we ought to be
doing all we can to enhance and support it and to do all we can
in the Department to help these organic producers. It is the
breadth of everything now. It is vegetables, milk, dairy
products, meat. All kinds of meat products now are organic, and
the public is demanding it.
So I am hopeful that you will continue to provide strong
leadership in this area, strong leadership, because this
Committee has spoken, and I also feel very strongly about it,
that we need to make sure we support organic agriculture and
organic farmers. And, you know, you said you want to be
provocative. I wrote that down. That is good. Sometimes we need
to provoke thinking, and new ways of thinking, in so many
things that we do. So I am hopeful that you will use your
position to continue to support what we did in this Committee
to move ahead aggressively in those areas.
The second thing I would bring up is the Conservation
Security Program. You testified on that, on the Conservation
Security Program. Well, we now call it the Conservation
Stewardship Program, but it is basically the same. We just made
it nationwide instead of in watersheds. And so you are very
familiar with it.
Secretary Vilsack said he wants to get the Conservation
Stewardship Program into effect as quickly as possible, and I
just wonder if you have any views on that and how we are going
to fit that into the overall structure of our farm program
system.
Ms. Merrigan. Thank you, Mr. Chairman. I think the CSP is a
wonderful program. ``Reward the best, motivate the rest'' I
believe is the motto. I would want to work with Secretary
Vilsack to put it right there on the front line as quickly as
possible to implement the new changes that came forth in the
2008 farm bill. I love the basic concept of rewarding farmers
for their stewardship. As Senator Chambliss said, farmers do
not want to be out there degrading land, hurting their own
chances of success. And we need to find new tools to help them
and to reward them for their efforts.
So one of my goals as Deputy would be to be working with my
colleagues here at the table and really trying to implement an
exciting array of new programs as well as fine- tuning of old
programs that are in that historic 2008 farm bill. We need to
get downtown, and we need to get to work as soon as possible.
Chairman Harkin. Well, I hope we can make that happen.
I see we are joined by another distinguished Chairman of
the Agriculture Committee on the House side. Senator Roberts?
Senator Roberts. Well, thank you, Mr. Chairman, and we have
got quite a few Chairmen, as a matter of fact.
Chairman Harkin. We have got them all over the place around
here.
Senator Roberts. I want to congratulate all of the nominees
today. Each of you has a great task ahead and a lot of
challenges. We all know that. If you are going to walk into any
rural America coffee shop, ask five farmers what is on their
mind in regard to the future of farm policy, you will probably
get quite a variety of responses. And probably your coffee
would be cold by the time that you get to enjoy it, and
especially if they have figured out who you were and what you
were in charge of.
As you know, we have had an awful lot of increased input
costs despite rising commodity prices. Declining prices, now
they are coming back up, and the weather constantly weigh
heavily on the minds of our producers. We just had one heck of
a snowstorm out on the plains, 30 inches of snow in a small
town in Kansas, set a record. It was good it was wet and stayed
a little bit, so hopefully that will help out with the wheat
crop.
But our farmers and ranchers have to worry about other
factors affecting their operations, and they are asking what is
going to happen. What will the Government do next in regards to
farm program policy? What additional regulations will they
impose on agriculture? How much of the safety net will they cut
away and give to other priorities? Let me repeat that. How much
of the safety net will they cut away and give to other
priorities, which I have some problems with?
So these concerns are real, and, unfortunately, we do not
have clear answers. And on top of these concerns, our producers
seem to have fewer and fewer advocates willing to engage, it
seems to me on their behalf in the public fight. And I think
that is where you all can really help.
Through your positions, I hope you will join the many of us
in the Congress and on this Committee in public defense of all
of our farmers and ranchers--Dr. Merrigan and I had a good
discussion about this--regardless of size or structure or
commodity or geographic location. As we used to say in the
House, when I had the privilege of serving there and was
Chairman and working with the great Chairman of the Committee
over there, Kika de la Garza, he used to say either hang
together or hang separately.
We must not lose sight of the fact, I think, that our
farmers and ranchers continue to produce the safest, most
abundant, and affordable food supply in the world. I do not
know how many times Chairman Harkin and Chairman Chambliss have
said that or I have said that, but it needs repeating because
we just--we do not have the ag press that we used to have, and
there are just an awful lot of folks that I think have
forgotten about the value of production agriculture, and by
``production,'' I am not defining that by size by any means, or
crop.
Dr. Merrigan, I really appreciate your spending some time
with me in my office. We had a good talk, and I appreciate
that. And we get wrapped around the axle--unnecessarily, I
might add--sometimes trying to define who is a small family
farmer or who is a large family farmer or who is a family
farmer. Instead, I think we should focus on the policies that
benefit all of agriculture.
My question to you: How will you as Deputy at the
Department work to ensure that the concerns of all of
agriculture are addressed? And we talked about this. You can
shorten up your reply. I think I know what you are going to
say. I appreciate it.
Ms. Merrigan. Thank you, Senator. I actually have some
former students in the back of the room, and they would tell
you when they get to my class and they start talking about
family farmers, factory farmers, corporate farmers, all of this
rhetoric, I say, ``Get rid of it all.'' Get rid of all that
terminology. Let us not vilify the big guys, make the little
guys the heroes of the day. Let us talk about how we are going
to make American agriculture work, various sizes, various
different kinds of production schemes, various different kinds
of models. And we want it all to work, and that is very, very
important to me.
I have had a history of leadership in agriculture, one that
I embrace and am proud of, but I also think that I have worked
very closely with the livestock sector. I have worked with the
Cotton Council. I have worked with various commodity groups.
And I want American agriculture to succeed, and that requires a
diversity of approaches. It requires clear rules, certainty of
program operation, and good management skills in the Department
of Agriculture, and I would like the opportunity.
Senator Roberts. I appreciate your answer. Your response
was exactly the way we wrote it.
[Laughter.]
Senator Roberts. Mr. Miller, let me express my appreciation
from all of us for all your hard work during the 2008 farm bill
and previous farm bills. You have been a tireless supporter of
ag policy for a number of years, and this administration I
think is very well served to have you as part of the team.
The Standard Reinsurance Agreement is scheduled to be
renegotiated this year in reference to crop insurance. The crop
insurance program--I remember Bob Kerrey and I working to try
to improve that with the help of both gentlemen here. And,
unfortunately, in my view, the crop insurance program has been
used as a bank in too many instances to fund other programs.
They are valuable programs, do not misunderstand me, but they
should not be funded at the expense, again, of safety net
programs for our farmers.
What do you think the goals of the renegotiation should be?
What will be your priorities as it moves forward?
Mr. Miller. Well, Senator, first of all, I am well aware of
all the work you and former Senator Kerrey and the Chairman and
Senator Chambliss put into ensuring that we have a viable
Federal crop insurance program out there as a significant part
of the safety net for farmers and ranchers. And I certainly
support the program. I understand how important it is to our
producers, and that importance has only grown, which I think is
a testament to the work that you all did with the Agriculture
Risk Management Protection Act.
So certainly as we get into the renegotiation of the SRA--
and I am not in the position where I want to lay out what I
think a negotiating strategy ought to be prior to going into
those negotiations--I think the end result has got to be a new
agreement with the companies, with our partners that are
providing that crop insurance out there that ensures that the
American farmers and ranchers who want to participate in it
still have a very good product. I think we can improve on that
product in a number of ways, and I certainly want to explore
that not only with the companies, with the RMA professionals
that we have at the Department, but certainly with you and your
colleagues on how we can do that, and at the same time how can
we improve the efficiency of the delivery and the accounting
for those programs.
The Chairman brought up the issue of technology, and
certainly there is an area where, with the correct technology,
if we can get that implemented, the savings for both the
companies and the Government could be significant. We are
spending, I believe, way too much time trying to push paper and
trying to make systems that cannot talk to each other
communicate, and it is not working.
So I hope we can pursue that, and I think that is an area
where both our private sector partners and RMA should be able
to find some common ground. But we all know that we face a
fiscal dilemma in this country, and, you know, we are going to
have to address that head on. And, quite frankly, you know, I
do not think farmers and ranchers ultimately are going to be
immune from that. I think everyone is going to share in some of
that pain.
But I want to ensure that we have the best possible crop
insurance program out there for our producers, and when I say
``our producers,'' I mean producers of all scales in all parts
of the country.
Senator Roberts. Well, thank you for that answer, and I
would only observe that, first, working on crop insurance- -and
I think that is when, Tom, you and I were over on the House
side. And I was working for Keith Sebelius then, but at any
rate, a lot of talk at that particular time as to whether there
should even be a Federal crop insurance program. That was a
giant step for us, and certainly I think a very good one.
The reality is that if you do not have a good crop
insurance program and make it attractive and make it a true
safety net, you are going to get into an emergency bill every
year. It used to be that they were every even- numbered year. I
think you know why that would be, but depending on whatever
weather catastrophe that we would have. But, my gosh, if you
get into these emergency bills, these disaster bills, they are
a disaster to try to pass to begin with, costly, and they are a
disaster to implement. I think most members who have worked on
past disaster bills in a very honest effort to be of help to
our producers in the various sections of the country, what
would happen is that they would issue a press release when they
passed it, and then in the implementation, they sort of went
home for 6 months or did not really talk about it or very
difficult to do that. And it is very time-consuming and very
costly, and that is why a good crop insurance program I think
is absolutely essential.
Thank you for your statement, Dr. Leonard. I am not trying
to overlook you. I think we will just approve you and go on
down the road.
I thank all the witnesses for being here, and thank you for
holding this confirmation hearing, Mr. Chairman.
Chairman Harkin. Thank you very much, Senator Roberts, and
can I just say amen to what you just said about crop insurance.
Pat and I may not always agree on everything in agriculture,
but this is one thing we do agree on, in lockstep, on crop
insurance. I think we all pretty much basically agree on crop
insurance here. We do have to make sure it works and works
well.
Well, we are just about ready to start our votes on the
Senate floor. I would ask if any of you have any other
statements or any other things you would like to say before we
call this to a close. Going once, going twice, going three
times.
[No response.]
Chairman Harkin. Well, again, thank you for your
willingness to serve in this administration.
The Committee has received letters of support for each of
the nominees. I ask unanimous consent those letters be made a
part of the record.
[The letters can be found on pages 136 through 185 in the
appendix.]
Chairman Harkin. We have already told offices that any
written questions need to be submitted by 6 p.m. today, and the
USDA intends to return those answers by early tomorrow. And in
consultation with the Ranking Member, we will see how we can
expedite this process so that we can get the three of you
confirmed as soon as possible.
To all of you--oh, I am sorry. We do have another member of
the Committee who just arrived. In the nick of time, John. I
was getting ready to bang the gavel.
[Laughter.]
Chairman Harkin. The distinguished Senator from South
Dakota, Senator Thune.
Senator Thune. Thank you, Mr. Chairman, and if you are
ready to wrap up, I can certainly submit some of my questions
for the record. But I do thank you for holding the hearing, and
I thank our nominees for their willingness to serve.
I just want to, I guess, say that with respect to the
issues that I am interested in and concerned about, as we all
know, we wrote a farm bill last year, and there are certain
provisions in that farm bill that we want to get up and going.
In particular, I would reference the disaster assistance
program which is still being, I think--we have not seen
regulations on. And the other thing I would mention, too, Mr.
Chairman, and that was a program that we worked some together
on, the BCAP program, the Biomass Crop Assistance Program,
which I am told now is going to require an EIS, which I think
is going to delay this a long time. But I hope that the
Department will move quickly on both those programs. They are
both important to at least the people that I represent in South
Dakota, the disaster assistance program as well as the BCAP
program and the next generation of biofuels, which I think
everybody wants to get to. Everybody wants to move to the next
generation of biofuels, and it is going to be really important
that we get these programs up and going and get the rules
issued on those.
There are a couple observations I would make, Mr. Chairman,
and I might pose a question or two along those lines to Mr.
Miller. But I would submit those for the record if that is----
Chairman Harkin. If the Senator wanted to ask a couple of
questions, that is what we are here for, and they have not
called the votes yet, but they are getting ready to pretty
soon. So I would be more than willing to let the Senator go
ahead and ask some questions.
Senator Thune. OK. Well, I would just, if I could, then,
ask Mr. Miller, who will be the Under Secretary of Ag for Farm
and Foreign Ag Services, the BCAP program that I mentioned, I
am hoping that we can perhaps figure out a way to expedite this
EIS process. But I would just simply, I guess, ask if there are
some ways that we could do the environmental assessment that
might make that process move along a little more quickly. I
think it could be a long time, and there could be a lot of
delays if the full-blown EIS is--and it can be done, but is
there a way we could do an environmental assessment and begin
to implement the program while the EIS is being complete. I
guess that is my question.
Mr. Miller. Thank you, Senator. Let me just say, first of
all, I think the work that you and Senator Klobuchar and many
other members of the Committee did on the Biomass Crop
Assistance Program truly is important as we try to resolve what
really amounts to a chicken-and-egg problem in terms of getting
to this next generation of biofuels. And that program is going
to be, I believe, extremely important as we try to grow that
industry and grow it successfully.
Specifically concerning the issue that you have raised, if
confirmed, and as I pointed out in my statement for the record,
I am going to work as hard as I can to get the various
programs, including the BCAP program, implemented as
expeditiously as possible. And certainly when I get to the
Department, I think we need to explore whatever options might
be available to us to expedite that. I realize the BCAP
program, in this farm bill at least, has a limited life. It
would expire in 2012. We are already somewhat delayed in moving
ahead, and it is my goal to advance those regulations and get
as many of these programs off the ground in as short a time
span as possible, including the BCAP program. It is going to be
extremely important to us as we move ahead.
Senator Thune. And could you comment, as long as we are on
the subject, on the disaster assistance program and where we
are with that?
Mr. Miller. Well, again, if confirmed, certainly one of my
goals is to move ahead as quickly as possible with implementing
the disaster assistance program. Now, within that program
specifically, final calculations cannot be made until we get to
the end of the marketing year for various crops. But certainly
I hope to be able to ascertain what the status of the
regulatory process is, if confirmed, once I get to the
Department, and advance that process as much as possible.
I realize that we have already experienced disasters that
should be assisted under that program that occurred in 2008. We
are now rapidly approaching the spring planting season for the
2009 crop. In fact, it has begun in some of the Southern
States. We need to at least get the rules designed and the
program out there so farmers--in particular, their creditors--
can look at it and be able to predict with greater certainty
what the outcomes might be when we do get to the point where we
can finally begin issuing payments.
So I am very interested in expediting that. I know there
was a lot of work in the farm bill in creating this disaster
program, and certainly it would be my goal to implement it
consistent with the intent of Congress.
Senator Thune. It was one of the more difficult parts, I
think, of the farm bill, as you know, and I just hope that we
can get the permanent program in place and regulations issued.
We already are having, with the winter blizzards in my State, a
lot of dead cattle. A lot of ranchers are having an awfully
hard time getting out to check on their cattle. And so this is
a persistent problem in our part of the world, and the
permanent disaster program was designed to anticipate some of
these things rather than reacting to them. And I think it is
important that we get the program up and going, so I hope that
you will work as hard as you can once you get there to get
after that.
Thank you all. Thank you, Mr. Chairman.
Chairman Harkin. Thank you, Senator Thune. I think that
will conclude our proceedings.
As I said, I have discussed with Senator Chambliss how to
expedite this. Hopefully we can get it done as soon as possible
so you can all get in your offices and get to work right away.
Again, I congratulate you all and all your families who are
here today. It is a great honor, but it is also a great
responsibility, and we look forward to working with you as co-
equal branches of the Government to strengthen our agricultural
system in America in all of its aspects--in all of its aspects.
With that, the Senate Committee will stand adjourned.
[Whereupon, at 3:28 p.m., the Committee was adjourned.]
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