[Senate Hearing 117-377]
[From the U.S. Government Publishing Office]





                                                        S. Hrg. 117-377
 
                   NOMINATION OF JENNIFER L. MOFFITT,
                  TO BE UNDER SECRETARY OF AGRICULTURE
                 FOR MARKETING AND REGULATORY PROGRAMS

=======================================================================

                                HEARING

                               before the

                       COMMITTEE ON AGRICULTURE,
                        NUTRITION, AND FORESTRY

                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                               __________

                             JULY 15, 2021

                               __________

                       Printed for the use of the
           Committee on Agriculture, Nutrition, and Forestry
           
           
           
      [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]     
           
           


                  Available on http://www.govinfo.gov/
                  
                  
                           ______                       


               U.S. GOVERNMENT PUBLISHING OFFICE 
 46-306PDF             WASHINGTON : 2022 
                 
                  
                  
                  
           COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY


                 DEBBIE STABENOW, Michigan, Chairwoman
PATRICK J. LEAHY, Vermont            JOHN BOOZMAN, Arkansas
SHERROD BROWN, Ohio                  MITCH McCONNELL, Kentucky
AMY KLOBUCHAR, Minnesota             JOHN HOEVEN, North Dakota
MICHAEL F. BENNET, Colorado          JONI ERNST, Iowa
KIRSTEN E. GILLIBRAND, New York      CINDY HYDE-SMITH, Mississippi
TINA SMITH, Minnesota                ROGER MARSHALL, Kansas
RICHARD J. DURBIN, Illinois          TOMMY TUBERVILLE, Alabama
CORY BOOKER, New Jersey              CHARLES GRASSLEY, Iowa
BEN RAY LUJAN, New Mexico            JOHN THUNE, South Dakota
RAPHAEL WARNOCK, Georgia             DEB FISCHER, Nebraska
                                     MIKE BRAUN, Indiana

               Joseph A. Shultz, Majority Staff Director
               Mary Beth Schultz, Majority Chief Counsel
                    Jessica L. Williams, Chief Clerk
               Fitzhugh Elder IV, Minority Staff Director
                 Fred J. Clark, Minority Chief Counsel
                 
                            C O N T E N T S
                            

                              ----------                              

                        Thursday, July 15, 2021

                                                                   Page

Hearing:

Nomination of Jennifer L. Moffitt, to be Under Secretary of 
  Agriculture for Marketing and Regulatory Programs..............     1

                              ----------                              

                    STATEMENTS PRESENTED BY SENATORS

Stabenow, Hon. Debbie, U.S. Senator from the State of Michigan...     1
Boozman, Hon. John, U.S. Senator from the State of Arkansas......     2

                               WITNESSES

Moffitt, Jennifer L., to be Under Secretary of Agriculture for 
  Marketing and Regulatory Programs..............................     4
                              ----------                              

                                APPENDIX

Prepared Statements:
    Moffitt, Jennifer L..........................................    26

Document(s) Submitted for the Record:
Stabenow, Hon. Debbie:
    California Agriculture Commissioners and Sealers Association, 
      letter of support..........................................    30
    Cropp Cooperative, letter of support.........................    31
    Grimmway Farms, letter of support............................    32
    Industry Letter, letter of support...........................    33
    NCBA, letter of support......................................    36
    Western Growers, letter of support...........................    38
Moffitt, Jennifer L.:
    Committee questionnaire, Office of Government Ethics 
      Executive Branch Personnel Public Financial Disclosure 
      Report and 5-day letter filed by Hon. Jennifer L. Moffitt..    40
    Attachment to the Committee questionnaire file by Hon. 
      Jennifer L. Moffitt   



Question and Answer:
Moffitt, Jennifer L.:
    Written response to questions from Hon. Debbie Stabenow......    72
    Written response to questions from Hon. John Boozman.........    76
    Written response to questions from Hon. Amy Klobuchar........    83
    Written response to questions from Hon. Kirsten Gillibrand...    84
    Written response to questions from Hon. Tina Smith...........    84
    Written response to questions from Hon. Richard Durbin.......    85
    Written response to questions from Hon. Cory Booker..........    86
    Written response to questions from Hon. Raphael Warnock......    87
    Written response to questions from Hon. John Thune...........    88


Nomination of Jennifer L. Moffitt, to be Under Secretary of Agriculture 
                 for Marketing and Regulatory Programs

                              ----------                              


                        THURSDAY, JULY 15, 2021

                                       U.S. Senate,
         Committee on Agriculture, Nutrition, and Forestry,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 9:36 a.m., via 
Webex and in room 301, Russell Senate Office Building, Hon. 
Debbie Stabenow, Chairwoman of the Committee, presiding.
    Present or submitting a statement: Senators Stabenow, 
Brown, Klobuchar, Bennet, Durbin, Booker, Lujan, Warnock, 
Boozman, Hoeven, Ernst, Hyde-Smith, Marshall, Tuberville, 
Grassley, Thune, Fischer, and Braun.

STATEMENT OF HON. DEBBIE STABENOW, U.S. SENATOR FROM THE STATE 
    OF MICHIGAN, CHAIRWOMAN, U.S. COMMITTEE ON AGRICULTURE, 
                    NUTRITION, AND FORESTRY

    Chairwoman Stabenow. Good morning. I call the Committee to 
order, Committee on Agriculture, Nutrition, and Forestry. Good 
morning to everyone.
    Today we are going to review the nomination of Jenny 
Moffitt to serve as Under Secretary for Marketing and 
Regulatory Programs at the U.S. Department of Agriculture, and 
we are looking forward to this hearing. It is a role that 
oversees the important work of the Animal and Plant Health 
Inspection Service and the Agriculture Marketing Service.
    Welcome to you, Ms. Moffitt, and congratulations on your 
nomination.
    As a Californian, you have the unique distinction of being 
from the only State that has greater diversity of crops than my 
home State of Michigan. If confirmed, that experience will 
serve you well, because the mission area you will oversee plays 
a critical role for producers in both of our States, and States 
across the country, and the food supply chain nationwide.
    The dual threats of the COVID-19 pandemic and the climate 
crisis have placed historic strains, as we know, on our food 
supply chain, and on the farm families who power it. The 
Marketing and Regulatory Programs' mission area is uniquely 
positioned to meet those challenges and help our farm families 
and food businesses along the supply chain recover and thrive 
well into the future.
    If confirmed, you will wear many hats. You will be 
responsible for protecting against animal and plant diseases, 
ensuring competition in the livestock sector, supporting the 
marketing of milk and helping to build markets and demand for 
U.S.-grown food, both at home and abroad.
    The work of this mission area is critical to helping 
farmers and ranchers expand their options, create new sources 
of revenue, and promote their products. You will work with the 
National Organic Standards Board to protect and improve organic 
standards and help farmers tap into new markets, particularly 
in vibrant local and regional food systems, like the ones in my 
home State of Michigan, as well as your home State of 
California.
    Both of our States are working to boost the demand for 
locally grown and locally produced food, and I hope you will 
commit to continuing to support our growing local food economy. 
You will work closely with our fruit and vegetable and tree-
producers who face challenges ranging from trade to labor to 
marketing, while also confronting the significant impacts of 
the climate crisis.
    While specialty crop producers do not receive more 
traditional farm support, your agency will play a key role in 
the programs that support marketing, research, and other 
critical investments that will help this industry flourish. 
That is important to me also because they help keep healthy 
food on our families' tables.
    You will oversee the Animal and Plant Health Inspection 
Service, our front-line defense against some of the most 
pressing threats to animal and plant health, including the many 
pests and diseases that are more common now because of drought 
and other climate-related issues.
    All of this--all of this--matters and all of this plays an 
important role in not only helping farm families recover from 
supply chain disruptions and respond to the climate crisis but 
also helping USDA better serve all Americans.
    I look forward to hearing more during our conversation 
today on how you plan to do just that. I look forward to 
working together to accomplish these goals if you are confirmed 
for this important job.
    I want to note, for the record, the broad range of support 
you have received from farm and food groups and their 
stakeholders, and I would ask unanimous consent that such 
letters be entered into the record. Ordered, without objection.

    [The letters can be found on pages 30-39 in the appendix.]

    Chairwoman Stabenow. With that I am going to turn to my 
friend and colleague, our Ranking Member, Senator Boozman, for 
any opening comments that he wishes to make.

 STATEMENT OF HON. SENATOR JOHN BOOZMAN, U.S. SENATOR FROM THE 
                       STATE OF ARKANSAS

    Senator Boozman. Thank you, Madam Chair, and we are pleased 
to welcome Jennifer Lester Moffitt to the Committee as we 
consider her nomination to be Under Secretary for Marketing and 
Regulatory Programs at the Department of Agriculture. I 
congratulate Mrs. Moffitt on her nomination and thank her for 
her willingness to serve our country.
    Currently Mrs. Moffitt serves as the Under Secretary at the 
California Department of Food and Agriculture, where she also 
served as the Deputy Secretary from 2015 to 2018. Mrs. Moffitt 
grew up on her family's organic walnut farm and processing 
operation, Dixon Ridge Farms, and went on to manage it for a 
decade.
    If confirmed as the Under Secretary for Marketing and 
Regulatory Programs, Mrs. Moffitt will oversee a wide range of 
responsibilities, including animal and plant health, the 
regulation of biotech products, and a vast array of programs 
designed to market and promote U.S. commodities and products.
    There are a few issues I would like to highlight this 
morning for the nominee to consider. As I am sure she is aware, 
the two agencies that form the marketing and regulatory mission 
area at USDA, the Animal and Plant Health Inspection Service 
(APHIS), and Agricultural Marketing Service (AMS), have 
significant authorities and responsibilities that impact not 
only agricultural production but many aspects of Americans' 
daily lives.
    The transmission of animal diseases is a very real threat 
to U.S. producers and citizens. The Animal and Plant Health 
Inspection Service is charged with the detection, control, and 
eradication of animal diseases. As we saw with COVID-19, 
zoonotic diseases, those diseases transmitted from animals to 
humans, can have a staggering global consequence. Other 
diseases, such as African Swine Fever and Foot and Mouth 
Disease can have serious economic trade and environmental 
repercussions.
    The next Under Secretary must remain vigilant to identify 
early threats, and must build strong relationships with the 
other Federal agencies, such as HHS and DHS, as well as our 
partners around the globe, to ensure the health and safety of 
our domestic herds and flocks.
    The Under Secretary also has significant regulatory 
authority. Our farmers and ranchers deserve regulatory 
stability. Constantly changing regulatory burdens stifle 
investment, discourage long-term planning, and result in 
confusion and distrust. Secretary Vilsack recently announced 
his intent to issue a new proposed rule revising requirements 
for organic livestock and poultry practices. The previous 
revisions, published as a final rule in January 2017, were 
widely unpopular with various stakeholders, due to their 
arbitrary requirements. Especially unpopular were the 
requirements related to housing systems for egg and poultry 
producers. Further, in 2018, USDA found the OLPP final rule 
exceeded statutory authority.
    Farmers and ranchers have enough unpredictability in their 
lives. The least USDA can do is to provide consistency and 
predictability in its regulations, which have a broad base of 
support. There are certainly instances where regulation is 
necessary and it is important, but there are also many 
instances where regulation has driven up costs for farmers and 
forced consolidation.
    I am supportive of the promise of gene editing in animal 
agriculture and was very supportive of the Memorandum of 
Understanding (MOU) signed in December between USDA and the 
FDA. This MOU will modernize the Federal Government's 
regulatory oversight of certain gene-edited animals used for 
agricultural purposes, the type of innovation that could allow 
researchers to develop, for instance, African Swine Fever-
resistant pigs or cattle that produce less methane. I believe 
USDA's authority under the Animal Health and Protection Act to 
regulate such products must be maintained, as these types of 
technologies expand. I expect the Administration to honor this 
MOU, and I expect USDA to serve as the lead agency for the 
regulation of gene editing in agriculture.
    One of the most topical issues the next Under Secretary 
will face surrounds our cattle markets. This is something at 
the top of the mind for most members of this Committee, as we 
just held a hearing on this issue, and we appreciate that, 
Madam Chair. I think that was a very, very good hearing.
    With the Under Secretary's role in producing reports and 
market news and administering the Packers and Stockyards Act, 
USDA's role is critical to the entire cattle industry. As USDA 
considers issues in the cattle market, I expect the Department 
to work closely with all sectors of the industry to strike the 
right balance and to follow congressional intent.
    Mrs. Moffitt, thank you again for agreeing to serve the 
American people and for your willingness to bring your 
experience and expertise, and your service in California 
agriculture to all of agriculture. I look forward to hearing 
your remarks and your answers to our questions. With that, 
Madam Chair, I yield the floor.
    Chairwoman Stabenow. Thank you very much, Senator Boozman. 
I know that we have our nominee with us virtually, so welcome 
again this morning. Welcome to Ms. Jenny Lester Moffitt. Ms. 
Moffitt is the Under Secretary of the California Department of 
Food and Agriculture, served as the Deputy Secretary there from 
2015 to 2018. Before those roles, Ms. Moffitt spent 10 years as 
Managing Director at Dixon Ridge Farms, her family's organic 
walnut farm and processing operation. She also served on the 
Central Valley Regional Water Quality Control Board from 2012 
to 2015, and worked for American Farmland Trust.
    She was a member of FFA and also was involved in 4-H, both 
as a member and a volunteer, something we both have in common. 
Through all these roles she has a long history of working on a 
wide variety of agriculture issues.
    Ms. Moffitt is a graduate of Brown University and the 
California Agricultural Leadership Program. Welcome to the 
Committee, Ms. Moffitt, and we would like very much to hear 
your opening comments.

   STATEMENT OF JENNIFER L. MOFFITT TO BE UNDER SECRETARY OF 
       AGRICULTURE FOR MARKETING AND REGULATORY PROGRAMS

    Ms. Moffitt. Thank you Chairwoman Stabenow, Ranking Member 
Boozman and members of the Committee. Thank you for the 
opportunity to be with you today. As someone who grew up on my 
family's organic walnut farm, this is an opportunity that I 
have only dreamed of. It is an honor and I am humbled.
    I want to thank President Biden for his confidence in me to 
serve as Under Secretary for Marketing and Regulatory Programs 
at the United States Department of Agriculture and for his 
leadership in rebuilding an America that serves all Americans. 
I also want to thank Secretary Vilsack for his leadership and 
vision to further strengthen our food systems and make them 
even more resilient and inclusive.
    Finally, I would like to thank you all, the Senate 
Committee on Agriculture, Nutrition, and Forestry, for your 
leadership and advocacy on behalf of farmers, ranchers, 
consumers, and the food supply chain.
    My roots are in agriculture. As a kid, I would walk the 
orchard with my dad after dinner to change the irrigation 
system. I spent my spring breaks painting the trunks of our 
young walnut trees to prevent sunburn. I grew up raising market 
lambs in 4-H and FFA and planting buffer strips in our orchard 
to attract beneficial insects.
    As someone who ran the family farm and processing operation 
for 10 years, I know first-hand the worry that farmers face 
about losing a crop to a disease or a weather event, or losing 
an important market. I also know how deeply farmers care about 
their communities and passing on knowledge to the next 
generation.
    After college, I was fortunate to work for American 
Farmland Trust and learn first-hand from farmers across the 
country about the passion they had for the land and the 
challenges they faced. I worked with farmers in California on 
voluntary land conservation, helped with farm transition 
planning in Minnesota, and researched and wrote about the 
importance of special micro-climates for red tart cherries in 
Michigan.
    Through these experiences, I gained an appreciation for the 
diversity of American agriculture--diversity in geography, 
crop, size, scale, and more--and I learned the importance of 
considering that diversity and the complexity it brings in the 
policy making process.
    When my dad asked me to return to the farm to help with 
sales and marketing, I did so because I believed in what we 
were doing: producing healthy food, growing new markets for 
local producers, developing sustainable farming practices, and 
helping to bolster the economic livelihood of my hometown. I 
helped shepherd our farming operation through the recession, 
building valuable partnerships with other producers and with 
USDA to address trade restrictions, expand new markets, and 
persevere.
    One of the hardest decisions I made was leaving the farm to 
work for the California Department of Food and Agriculture, but 
I viewed it as an important opportunity to serve rural 
communities, the public, and the agricultural industry.
    My work at CDFA has given me the opportunity to understand 
and to shape the role that government can play in supporting 
agriculture, ensuring that farmers and ranchers have a seat at 
the table, and ensuring that we take an inclusive approach to 
solving problems.
    At CDFA, I have been able to partner with other government 
agencies and lawmakers, with the agricultural industry, 
nonprofits, and community organizations to address some of the 
biggest challenges facing our State, the Nation, and the world: 
drought and the effects of climate change, healthy soils and 
conservation agriculture, animal and plant health issues, and 
more. Each day I carry with me my experience of running the 
farm to ensure that this perspective is reflected in the 
policies that are developed.
    During the COVID-19 public health crisis, our work has been 
focused on healthy food access, fostering a resilient food 
system, and ensuring the safety of farm workers. It has taken 
partnership, it has taken working together, and it has taken 
adopting a whole systems approach, because no one strategy 
could tackle the complexity of the challenges that farmers were 
facing.
    That is a lesson I learned firsthand from my dad on the 
farm, that when you are facing a problem--a pest or a disease, 
for example--it is important to understand why that problem 
came about in the first place and to find solutions using 
experience, science, and data.
    I also learned lessons from my mom, a public school 
teacher, about the importance of lifelong learning. In fact, 
education runs deep in the family and my husband, an elementary 
school principal, has shown me the value of learning from those 
around us. It is important to me to seek out new ideas and 
approaches, and to push ourselves to think differently and 
creatively.
    If confirmed, these are the lessons I will bring with me. I 
will listen and learn from people in agriculture and the food 
system around the country, and I will take a whole systems 
approach.
    Before closing, I also want to share something I have 
learned from my 12-year-old daughter. She has taught me a great 
deal about tenacity and caring for others. Her determination 
and big heart inspire me daily. Should I have the honor of 
being confirmed, I will bring that same determination and big 
heart to the job at USDA.
    I care deeply about American agriculture. I know first-hand 
the struggles that farmers and ranchers face, and I know how 
important farmers, ranchers, and processors are to the 
communities they serve. I know the importance of a resilient 
and equitable food system for consumers and producers. If 
confirmed, I will work tirelessly to serve them, to listen to 
them, to champion their hard work and resilience, and to ensure 
that USDA does all that it can to support them. I will do 
whatever I can to bring people together to solve tough issues 
because we do our best work when we work together.
    Thank you for your time and I welcome the chance to answer 
your questions.

    [The prepared statement of Ms. Moffitt can be found on page 
26 in the appendix.]

    Chairwoman Stabenow. Well thank you very much, Ms. Moffitt, 
and before going to questions--we will do a round of five-
minute questions from members--I do have two questions I need 
to officially ask you, that we ask all of our nominees.
    Do you swear or affirm that the testimony you are about 
provide, or that you just provided, is the truth, the whole 
truth, and nothing but the truth, so help you God?
    Ms. Moffitt. I do.
    Chairwoman Stabenow. Thank you. Second, do you agree that, 
if confirmed, you will appear before any duly constituted 
committee of Congress if asked to appear?
    Ms. Moffitt. I will.
    Chairwoman Stabenow. Great. Thank you very much.
    First let me, Ms. Moffitt, talk a little more about what 
has happened to our producers under COVID, because COVID-19 
illustrated just how fragile the food supply chain is, as we 
know. I am really glad we were able to provide resources to 
strengthen it, and the USDA is taking steps now to implement 
this funding. There is certainly a lot to do in this area.What 
are your priorities for the food supply chain within the 
marketing and regulatory programs' mission area?
    Ms. Moffitt. Thank you for that question. Yes, you know, I 
think certainly we have seen this in California and we have 
seen this around the country. Our State Department of 
Agriculture and other State Departments of Agriculture shifted 
into high gear, really working on connecting producers and food 
banks and food pantries and all of the network that is involved 
in ensuring nutrition security for so many Americans.
    As far as my visions for the food supply chain, again, as a 
farmer, the first thing that I bring to all that I do is the 
perspective and the work that I have done on the ground as a 
farmer, also working throughout the distribution channel doing 
sales and marketing as well. It is important to me that I serve 
the people, whether that is as farmers and ranchers, whether 
that is consumers, and to tap that full scope that you 
mentioned, Senator Stabenow, within the marketing and 
regulatory programs, so ensuring that we have a fair, 
competitive, and distributed food supply system.
    Some of the work that is being discussed right now already, 
certainly in the announcements that are being made, are really 
key and important to that. Facilitating domestic and 
international marketing programs is very important, and then 
also making sure that the food supply chain supports health for 
both humans as well as animals. Then ensuring that our food 
supply chain and all of the actors and all of the participants 
that we participate with, that we are advancing it with equity, 
that we are advancing it with inclusive, that we are taking 
into mind the climate crisis and climate change in all that we 
are doing as well. Ensuring a fair marketplace is key and 
important, not only to producers but also to consumers, as well 
as, of course, regulatory work that we do throughout our 
department in California, and then I know through the USDA as 
well, to ensure standards and grades, again to ensure that fair 
marketplace that consumers and producers depend on.
    Chairwoman Stabenow. Thank you. As I mentioned before, 
Michigan and California are the top two most diverse States in 
terms of different kinds of crops and commodities, and in 
Michigan, as you and I have talked about, some of our top 
specialty crops, like cherries--which I appreciate you 
mentioning--but asparagus, blueberries, and apples have faced 
tremendous challenges from trade to very serious weather-
related losses.
    What are your priorities to assist the specialty crop 
industry, and will you work to ensure that policies out of AMS 
are not a one-size-fits-all approach but rather take into 
consideration the unique needs of each sector?
    Ms. Moffitt. Yes, and that is such an important thing. As 
you mentioned, Senator Stabenow, we have wonderful diversity in 
our crops in California, as you guys do in Michigan. We have 
over 400 different crops. Bearing all of those in mind, and 
recognizing and celebrating the diversity that we have in our 
crops is really important.
    As a farmer, I am used to wearing lots of different hats, 
and certainly in the role that we play, I play currently at the 
Department of Food and Agriculture, I am very well aware of 
being mindful of all of the different crops, the diversity that 
we have, not just in crops but also in size and scope of our 
operations and family farmers in California as well.
    I think, you know, as we look at this there are lots of 
different programs, through Agriculture Marketing Services. The 
Specialty Crop Block Grant is an important one. Of course, the 
grades and standards and all of the work that is done, and the 
work that APHIS does in supporting both plant and agriculture 
is really important as well. APHIS works, of course, on animal 
health, which is very, very important, but also in supporting 
and protecting crops that are so important to our Nation, 
specialty crops that are important to our Nation, like citrus 
or like cherries, and making sure that all farmers have tools 
and that we are supporting those tools to continue plant and 
animal health for those crops.
    Chairwoman Stabenow. Thank you. Then just final question, 
as we look at the climate crisis we think about droughts and 
floods and so on, but our producers also think about bugs and 
diseases, and what is happening there is so critical. How would 
you help producers address the climate-based pest and disease 
threats through your role at USDA?
    Ms. Moffitt. Yes, I think there is an incredible--the 
talent and the scientific data that APHIS has, the work that 
APHIS is doing on early monitoring, whether that is, you know--
certainly early monitoring for animal diseases but certainly 
the proactive approach in pests. We work with them all the 
time, every day in the Southern California region, on things 
like medfly, which can be devastating to our crops that we have 
in California. Certainly, we are working with them on citrus 
screening, and in partnership on citrus screening, learning 
from Florida and the devastation that happened to the crops in 
Florida.
    As we take into the work that we are doing in partnership 
in California with APHIS, I know there is a lot of looking 
forward, being able to project out, again taking the science 
and the incredible scientific expertise that APHIS has as well 
as the data to really start to understand what might be 
happening, what might be changing in the face of climate 
change, so that we are taking a much more proactive approach, 
looking forward at how pests might be moving and shifting due 
to climate change, what does it mean for lifecycles of pests 
that normally would have over-wintered or we would have lost 
those, you know, had those dormancies that might no longer be 
happening anymore.
    Should I have the opportunity to be confirmed, I will take 
the experiences that I have as a farmer, seeing first-hand 
those pests and how they handle or work on our operation as 
well as the work we have done at the Department of Food and 
Agriculture, and tap into the great expertise at APHIS, to 
really lean in and understand what is happening with pests and 
climate change.
    Chairwoman Stabenow. Thank you very much. Senator Boozman.
    Senator Boozman. Thank you, Madam Chair. Ms. Moffitt, 
advancements in biotechnology give agriculture producers a 
significant tool in fighting pests and diseases, as we just 
talked about, producing more on fewer acres and countless other 
benefits. Yet for far too long, U.S. livestock, those 
producers, are being frustrated with the FDA's lack of 
regulatory certainty and the idea that the FDA would label 
these innovations, or the animals themselves, as ``drugs.''
    I was pleased that last December, USDA and FDA signed a 
Memorandum of Understanding to help modernize the Federal 
Government's regulatory oversight of certain genetically 
engineered animals used for agricultural purposes, and that 
USDA appears to be moving forward on rulemaking in this area.
    If confirmed, will you commit to continuing this effort to 
ensure that livestock producers have a predictable, science-
based, regulatory process for GE animals used for agricultural 
purposes?
    Ms. Moffitt. Thank you, Senator Boozman, and thank you for 
that question. Certainly, should I be confirmed, I look forward 
to learning more about the process and where the process 
currently is with the MOU, with the FDA, that you mentioned, 
and then, of course, diving into this issue, learning more 
about the issue, and as you mentioned, ensuring that there is a 
science-based process to that evaluation.
    Senator Boozman. In 2010, Secretary Vilsack proposed a rule 
referred to as the GIPSA Rule, which later became the Farmer 
Fair Practices Rule. These rules generated a lot of controversy 
among our stakeholder groups. In fact, over 60,000 comments 
were submitted by individuals and organizations in response to 
the proposal.
    There were concerns that USDA had woefully underestimated 
the projected costs incurred by the livestock, meat, and 
poultry industries, should these rules be implemented. There 
were concerns that the broad-brush approach taken by the 
Department would have severe unintended consequences.
    Since that time, these rules have gone through several 
iterations, and now Secretary Vilsack has announced his intent 
to repropose the rules again later this year. Can you describe 
your plans, as the Under Secretary tasked with overseeing the 
Packers and Stockyards Act of 1921, and implementing 
regulations to ensure the Department avoids the controversy and 
criticism the previous interations of the rules received?
    Ms. Moffitt. Yes, thank you for that question, Senator 
Boozman. I think, you know, in the work that has been done, 
should I have the opportunity to be confirmed, I know how 
important it is to factor in all of the different facets, hear 
from people around the country, hear from different layers and 
in the whole food supply chain, from farmers and ranchers to 
producers to processors to consumers, about the importance of 
different rulemakings, whether it is this one or any of them, 
and weigh those complexities and really understand what it 
means for farmers and ranchers, what I means for the food 
supply chain in making those sorts of decisions.
    Should I have the opportunity to be confirmed, I definitely 
will take a nuanced approach. I will definitely lean in and 
seek to understand, and understand all of the different facets 
when rulemaking decisions are made.
    Senator Boozman. Good. Thank you. I enjoyed our 
conversation prior to the hearing, and I appreciate you 
recognizing the importance of maintaining and expanding market 
access for U.S. producers in your opening statement, and I 
could not agree more. In Arkansas, that is probably 40 percent 
of our products are exported, and I know in California it is 
probably an even much greater percent than that.
    As you well know, the Animal and Plant Health Inspection 
Service plays a critical role in that effort by protecting U.S. 
agriculture from pests and diseases that can have a devastating 
impact on our producers. Several APHIS program areas engage our 
trading partners to ensure science-based sanitary and 
phytosanitary requirements are met, and they work to eliminate 
unjustified barriers that some of our trading partners may seek 
to use.
    What is your perspective on the work APHIS does in regards 
to maintaining and expanding markets for U.S. producers, and if 
confirmed, how will you support the agency and its work with 
USTR, the World Organization on Animal Health, and the 
International Plant Protection Convention?
    Ms. Moffitt. Yes, thank you for that question, and as I 
mentioned when we talked, I know full well the impact and the 
work that APHIS does in helping to facilitate trade throughout 
the world. As someone who exported walnuts, and exported 
organic walnuts around the world, I know how important the work 
that APHIS does in phytosanitary and helping to bring science 
and data to those decisionmakings for trade. We were able to 
open up new markets in South Korea as a result of that, and be 
able to start to export our walnuts to South Korea, because of 
the work of APHIS in addressing some of the phytosanitary 
concerns that that country had.
    I know the importance of it, and I know how important it is 
for APHIS to lean in, to dive into these issues, provide that 
science, that data, and in partnership with producers. It is 
very important that as this is being done it is in partnership 
with producers and the supply chain in that role.
    Certainly I value the work of APHIS. I know APHIS is, in 
many ways, the underpinning of trade, through their work that 
they do on attestations and the like. I will, should I have the 
opportunity to be confirmed, I look forward to engaging with 
APHIS on this so that we can open new markets and that we can 
continue the markets that we currently enjoy overseas for all 
of our producers.
    Senator Boozman. Very good. Thank you, Madam Chair.
    Chairwoman Stabenow. Thank you very much. Next we will hear 
from Senator Klobuchar.
    Senator Klobuchar. Well, thank you very much, Madam Chair, 
and we hope you are enjoying our beautiful Rules Committee 
room.
    Chairwoman Stabenow. Yes. Thank you very much. We 
appreciate the joint jurisdiction.
    Senator Klobuchar. Very good. Ms. Moffitt, in recent years, 
Minnesota's turkey and hog producers have faced significant 
animal disease challenges. I know the Chairwoman mentioned it 
in her opening remarks. USDA is the primary agency responsible 
for safeguarding animal health. Senator Cornyn and I worked 
together to provide funding for new programs in the 2018 Farm 
Bill to protect against animal diseases.
    What are your plans for implementing and improving animal 
disease preparedness in response policies at the USDA?
    Ms. Moffitt. Thank you, Senator Klobuchar, and I appreciate 
Congress' leadership on recognizing this important issue. I 
know that surveillance in animals is important for animal 
health and also for public health, and that the need for an 
early warning system is crucial. Just like the work that we, in 
our State, do in partnership with APHIS on plant diseases, 
really focusing on exclusion first, monitoring, making sure we 
have an understanding of what is happening out there. Again, 
those early warning systems are really important.
    I understand that you guys have led some really great work 
on One Health, and I think the interlocking partnership between 
public health as well as animal health is really important as 
well. I look forward to engaging in this, should I have the 
opportunity to be confirmed, and really being proactive and 
pragmatic in the work.
    Senator Klobuchar. In May--thank you--USDA approved 
Minnesota's revised Hemp Production Plan, and I know they have 
done that across the country, and over 450 farmers applied for 
a license in 2021. It was an increase by 100 in applications. 
At the same time, several Tribal governments had their plans 
approved.
    Ms. Moffitt, can you talk about how you plan to administer 
and implement the Domestic Hemp Production Program, and also, 
will you work with our Tribal partners, should you choose to 
update the previously approved plans to better align with the 
updated final rule?
    Ms. Moffitt. Yes, thank you for that question, Senator 
Klobuchar. I know hemp growers in California and around the 
country, this is a really important opportunity for farmers, 
actually, to be able to access new markets, to have a new crop, 
and bring back a crop from the past. I understand the value and 
the importance of help and the work that the State Departments 
of Agriculture and the States have done in implementing and 
proposing those plans to USDA, as well as, of course, the 
Tribes that you mentioned as well.
    I know that there are parameters around the hemp rule, but 
I also know that there is an opportunity to really engage. 
Again, as I do in all of the work, especially as a farmer, kind 
of putting on my farmer hat, looking for those opportunities to 
best support farmers and ranchers, and, of course, Tribes, in 
that process as well.
    Senator Klobuchar. Okay. I am the Chair of the Senate 
Judiciary Subcommittee's Antitrust and Competition 
Subcommittee, and I am glad that President Biden recently 
issued his Executive order. As you know, there are parts of 
this order that pertain, as has been mentioned by other 
Senators, to the ag economy. Will you commit to advocating to 
promote competition in the ag industry and support value-added 
and alternative food distribution systems?
    Ms. Moffitt. Thank you for that question. Should I be 
confirmed, I do commit to supporting trade, to supporting fair 
marketplace practices. I am aware of the Secretary's and the 
President's announcement last Friday of a multi-pronged effort, 
both, of course, committing $500 million in American Rescue 
Plan funds to meet poultry processing facilities, revitalizing 
the Packers and Stockyard Act, in a few different ways, as well 
as developing a plan to increase farmers' and ranchers' access 
to new markets, and to promote a fair return.
    Transparency is important. Price discovery is important. 
Regional processing capacity is important. All of these things 
together are very important to create a fair and robust 
agricultural economy.
    Senator Klobuchar. I had a question on milk, and I will put 
that on the record, with our Minnesota Milk Producers. Thank 
you very much.
    Ms. Moffitt. Thank you.
    Chairwoman Stabenow. Thank you, and thank you again for the 
use of your room. We appreciate it.
    Next we have Senator Ernst, who I do not know if she is 
joining us virtually? Do we know? If not, we will proceed to 
the senior from Iowa, Senator Grassley.
    Senator Grassley. Thank you very much. I am glad to 
congratulate you on your nomination, and to take a little 
different view than some other Republican members of this 
Committee has, and say thank you to Secretary Vilsack for 
issuing the very aggressive proposed rulemaking and enforcement 
that he wants to do to increase competition within agriculture. 
Whether it was at President Biden's initiative, which was 
broader throughout the economy than agriculture, but including 
agriculture, or whether Secretary Vilsack had a lot of input 
into it, I know that Secretary Vilsack knows about the 
importance of the family farmer as an institution that drives 
American agriculture to be the very efficient part of our 
economy that it is, and he knows that competition is very 
necessary to protect the family farmers. I think his Executive 
order and the USDA's announcement builds on the work that a lot 
of us in Congress are doing to bring about some competition as 
well.
    In my case, and in Senator Hyde-Smith's, and Senator--my 
colleague, Senator Ernst, and others on this Committee want to 
do it particularly right now for the cattle market, through our 
legislation in the hearings that Senator Stabenow and Senator 
Boozman has had already.
    My questions to you are kind of along this line. If 
confirmed, how will you prioritize the Packers and Stockyards 
rulemaking process and ensure it is enforced effectively?
    Before you answer that question, I know that you answered 
for Senator Boozman the fact that you want to listen to all 
stakeholders. I do not find any fault with that. Just so you 
know what my position has been over decades is that the Packers 
and Stockyards Act probably does more to protect the family 
farmer and enhance competition--and encourage competition more 
than maybe even the Department of Justice antitrust laws do. 
That is where I am coming from, in your answer to my question.
    Ms. Moffitt. Thank you, Senator Grassley, and it is great 
to hear--it is really important for me to hear where everyone 
comes from on these different issues. I know these issues are 
very complex, that serious consideration needs to be taken when 
weighing all of these different things, all of the different 
factors.
    Last week's announcement, that I heard, proposes three 
different aspects to revitalize the Packers and Stockyard Act, 
to promote and to fight unfair practices and to rebuild a 
competitive market. Should I have the opportunity to be 
confirmed I look forward to meeting with Secretary Vilsack, 
learning about the plans, and then also weighing in with you 
guys and Congress as well as producers to hear about the best 
ways forward.
    What I heard him say is that this is the beginning of a lot 
of conversations, and I look forward to, should I have the 
opportunity to be confirmed, to engage in those conversations, 
knowing the impact that it has, and knowing how much of a 
priority this is for American ranchers.
    Senator Grassley. Thank you for that answer. Iowa happens 
to be the No. 1 State for pork and eggs, No. 1 for corn, and 
No. 2 for soybeans. It is vital to my State and our national 
security to ensure that animal and plant health. I remain 
concerned about animal disease, particularly the African Swine 
Fever, as just one example. That involves the inspection of 
agriculture products being imported into the United States.
    I co-sponsored legislation that Trump signed, authorizing 
more ag inspectors for Customs and border protection, and it 
demands coordination with USDA. If confirmed, how will you 
prioritize the Department's efforts to ensure safety of our 
domestic food supplies? I know that Klobuchar asked about 
animal disease preparedness, along the same lines as my 
question.
    Ms. Moffitt. Thank you, Senator Grassley, and yes, 
certainly I am quite familiar and aware of the importance of 
protecting our food supply chain, protecting our animals and 
plant health. When I was overseas, actually in Korea, back in 
2012, when our organic walnut market opened up, I was there at 
a time when there was a foot and mouth scare, from [inaudible] 
to the United States. I saw on the news what was happening in 
Korea. I saw how important and how quickly those types of 
animal disease scares can have in getting trade, and vice 
versa, you know, certainly as well, for those animal diseases 
coming here.
    I see, you know, in the work that we have done in past 
exclusion at our State, it is very important, of course, that 
we actively work, as you describe, to keep heads out, you know, 
to make sure that we are active at our ports, borders, points 
of, you know, insertion here in the States, as well as, of 
course, monitoring and detection. Then finally, if there is a 
disease quarantine, making sure we are minimizing the spread 
and eradicating the disease, should we have a disease.
    There is a multi-pronged, just like we do in all that we 
do. There is a multi-pronged approach, but very much taking 
science, knowing the science, monitoring and surveilling, and 
being always proactive in understanding what might be coming, 
and how can we make sure that we are protecting our industry, 
protecting our animals, and protecting our plant health.
    Senator Grassley. Thank you, Madam Chair.
    Chairwoman Stabenow. Thank you very much. We will now turn 
to Senator Warnock, who I believe is with us virtually, and 
then Senator Hyde-Smith, and then Senator Lujan. Senator 
Warnock.
    Senator Warnock. Thank you, Madam Chair, and 
congratulations to you, Ms. Moffitt, on your nomination to be 
the USDA's Under Secretary of Marketing and Regulatory 
Programs.
    I am proud to say that Georgia is leading the Nation in 
peanut production. When I think about that, I was with a 
somewhat known peanut farmer last weekend, in Plains, Georgia, 
as we celebrated the President Carter's 75th wedding 
anniversary. We lead the Nation in peanut production. We are 
known as the peace State, but we produce over 45 percent of the 
total U.S. peanut crop every year.
    I recently worked with my colleague over in Alabama, 
Senator Tuberville, in leading a bipartisan letter to Secretary 
Vilsack and Ambassador Todd. In this letter, we raised serious 
concerns with the prohibitive trade barriers that I was hearing 
farmers talk to me about on my ag tour throughout Georgia a 
couple of months ago. They were very concerned about the ways 
in which the European Union, with its trade barriers regarding 
aflatoxin and testing negatively impacted their domestic peanut 
industry and some of the unfairness there with respect to this 
process. USDA's Agricultural Marketing Service manages a peanut 
aflatoxin program to ensure the safety of our domestic crop.
    If confirmed, will you commit to working with your 
colleagues within USDA's Farm Agriculture Service and the 
Office of the U.S. Trade Representative to directly engage our 
European counterparts in order to reduce these barriers and 
increase market access for Georgia's peanut farmers and 
processors?
    Ms. Moffitt. Senator Warnock, thank you for that question, 
and it is great to hear about all the great, wonderful peanut 
production in Georgia. I am familiar with aflatoxin. It is an 
issue also in walnuts. I know the importance of the work that 
Agricultural Marketing Services does in monitoring and 
detecting so that we can keep those avenues of trade open.
    Should I have the opportunity to be confirmed, I definitely 
look forward to working with our team at Agricultural Marketing 
Services, with the team at USDA, to understand and take a 
proactive step in identifying and partnering on this issue.
    Senator Warnock. Well, that is good to hear, because it is 
critically important. The domestic peanut sector is 
anticipating $130 million in lost sales just this year because 
of this issue. I could feel the urgency in the voices of the 
farmers as I talked to them about this throughout Georgia.
    On May 13, 2021, the USDA announced almost $160 million in 
purchases of domestic agriculture commodities. As a native of 
coastal Georgia, I was thrilled to see $25 million included in 
this announcement for South Atlantic and Gulf of Mexico wild-
caught shrimp. This was a welcome announcement for Georgia's 
seafood industry, as many fishing vessels and coastal 
communities suffer from COVID-19 restaurant closures.
    Despite this recent success, the domestic seafood sector 
has historically struggled to access USDA's commodity 
purchasing programs. If confirmed, will you commit to working 
with me and others to find additional opportunities for 
Georgia's seafood sector within AMS commodity purchasing 
programs?
    Ms. Moffitt. Yes, thank you for that question, and I saw 
that announcement as well. I know how important AMS and USDA 
purchasing programs are, not just to provide important 
nutrition to schools and to food banks but also how important 
it is for local producers and for producers, American 
producers, as new marketing channels.
    Certainly I know how important it is always to evaluate 
programs, look at opportunities to bring in new producers, 
bring in that incredible diversity of American agriculture that 
we have into these programs. Should I have the opportunity to 
be confirmed, I look forward to exploring these opportunities 
with Agriculture Marketing Services, finding ways to bring in 
new producers, including local producers into these programs as 
well.
    Senator Warnock. Very good. Thank you so much. These issues 
and a focus on them will certainly benefit rural and coastal 
communities all across the State of Georgia. Thanks so much.
    Chairwoman Stabenow. Thank you very much. Thank you so 
much. Senator Marshall has returned, so we will hear from 
Senator Marshall, and then Senator Lujan, and then Senator 
Hyde-Smith.
    Senator Marshall. All right. Thank you, Madam Chair, and 
welcome to the hearing.
    We had the opportunity to talk yesterday about non-tariff 
barriers for a second, and I just wanted to ask--will you 
continue to defend and fight for our ability to export 
agriculture products while still using the food technology that 
allows our farmers and ranchers to produce the quality, safe, 
and wholesome food that we do today?
    Ms. Moffitt. Yes, Senator Marshall. Thank you, and it was 
great to connect with you yesterday and to talk about trade and 
the important role, again, that both Agricultural Marketing 
Services as well as APHIS play in helping to facilitate trade. 
Those market barriers that you talked about are really 
important. They are real to our producers, and I definitely 
look forward to diving in, to understanding those issues, and 
to really finding opportunities to open up new markets and to 
continue existing markets for all American producers.
    Senator Marshall. What do you think will be the biggest 
challenges going forward, whether it is with the European Union 
or Asia, as far as those non-tariff barriers? What challenges 
do you see, going forward?
    Ms. Moffitt. That is a good question. I think, you know, 
should I have the opportunity to be confirmed, I look forward 
to learning from the team, especially at APHIS, about what some 
of those challenges are. The thing that we bring is incredible 
scientific background, an incredible body of knowledge. 
Bringing that body of knowledge to the table, to help inform 
countries that do have concerns, and bring that wealth of 
information is a very important one.
    Senator Marshall. Okay. Let us talk about meat labeling for 
a second, and again, I think we touched on this yesterday. I am 
just very concerned about the meat labeling of ``Product of the 
U.S.,'' the way it has been used. This is something that we 
have pushed back on USDA and FDA now for several years, that I 
think it is a very misleading label, when we take beef from 
foreign countries, bring it in, mix it with our beef, and then 
label it ``Product of the U.S.''
    Will you support changing the current ``Product of the 
U.S.'' meat label to ensure that meat labels are clear and 
accurate for consumers?
    Ms. Moffitt. Senator Marshall, I know that there have been 
announcements recently by Secretary Vilsack on looking at and 
defining new rules on what the definition of ``Product of the 
USA'' is. Should I have the opportunity to be confirmed, I look 
forward to meeting with him, understanding what the next steps 
are. Certainly as an organic producer, I know how important 
those labels are to consumers in helping consumers make the 
right and informed choices. I certainly look forward to diving 
into this issue, should I have the ability to be confirmed.
    Senator Marshall. Okay. Thank you. Then again yesterday we 
talked a little bit about a dealer trust, and I am not sure if 
you got to spend any more time looking into it, but I just want 
to remind you that we did pass our dealer trust legislation 
last year, and it was signed by the President. I want to know 
if USDA is committed to fulfilling their role, if necessary, 
implementing guidance needed to be prepared to enforce the 
priority for unpaid livestock sellers.
    Ms. Moffitt. Yes, thank you for that question, Senator 
Marshall. Certainly it is important, in all legislation that is 
enacted, that I, as someone who would potentially be, you know, 
upholding and enacting that legislation, to evaluate that 
legislation and make sure that we are following the intent of 
that legislation.
    I cannot speak to the specific of this, necessarily, but 
should I have the opportunity to be confirmed, I look forward 
to diving into that, learning more about it, and getting back 
to you on this, Senator Marshall.
    Senator Marshall. Okay. Thank you so much. I yield back the 
remainder of my time.
    Chairwoman Stabenow. Thank you very much. We will hear from 
Senator Lujan, and then Senator Hyde-Smith.
    Senator Lujan. Thank you, Chair Stabenow and Ranking Member 
Boozman, for holding this hearing, and thank you to our nominee 
for joining us. I am sure your family must be proud of all you 
have accomplished to be here, and you will accomplish, if 
confirmed, and when confirmed, in your position at the 
Department of Agriculture.
    New Mexico farmers and ranchers pride themselves on local 
products they provide for their communities. The ability to 
produce value-added goods not only creates for farmers and 
ranchers to receive better prices for their products but also 
keeps and reinvents and brings more opportunity to create 
wealth in communities that they operate in.
    As consumers continue to become more invested and 
interested in knowing not only how their food is produced and 
grown but also where it comes from, the certification that the 
USDA provides to producers become even more to help and drive 
up demand. These programs also create market certainties and 
consistencies that allows farmers and ranchers to get greater 
value for their products.
    That is why I have been proud to champion efforts to 
strengthen and expand value-added programs to ensure that 
confidence is there when consumers make selections at the 
marketplace and to create alternative avenues for farmers and 
ranchers to market their products, both domestically and 
internationally.
    Ms. Moffitt, given your first-hand experience in marketing 
your own farm's products, what are some of the barriers that 
farmers and ranchers face when looking directly to market to 
consumers?
    Ms. Moffitt. Senator Lujan, thank you for that question, 
and yes, I very much know the importance of value-added for our 
local communities, for our regional supply chain, and then also 
just for crossing and informational exchange between other 
producers as well, kind of really lifting all those in the 
process and providing new markets for producers.
    Given my experience doing marketing, I know one of the 
first things that I needed was technical assistance, was that 
support in first identifying new markets. While it is a little 
bit different as, you know, my dad became certified organic in 
1992, I was 12 at the time, and then he realized he did not 
have markets for that product. I called over to USDA. This was 
Foreign Ag Service, but they faxed over a list of potential 
buyers. I spent my winter break packing up walnuts and sending 
letters to potential buyers in Japan, and we were able to find 
new buyers.
    I know the importance of just that facilitating the 
technical assistance, whether it is that, and, of course, in 
that case new export markets, or understanding labeling and all 
of the different things, food safety, and all of the different 
things that are involved in doing value-added production in 
farming and processing operation.
    Senator Lujan. Well, and not just the work you did for the 
family farm there but I know, as a former 4-H and FFA member, 
and I believe a current 4-H volunteer, you understand the 
importance of helping young farmers as well continue to stay 
involved and have that support. I appreciate that that is also 
a skill set you are going to bringing, and advocacy.
    Disease prevention. For border States like New Mexico, 
where we are at the front line of ensuring that foreign pests 
and diseases do not harm our domestic food supply, ensuring 
that we are partnering with our neighboring countries is going 
to be vital to ensure that pest and livestock diseases do not 
impact American agricultural systems.
    How important is it within international cooperation, 
especially in our case, with countries like Mexico, in 
developing the necessary safeguards to protect American 
agriculture, and are there areas that you believe we need to 
work with our international partners to make sure we are taking 
a strong, wide approach when looking to protect from invasive 
pests and diseases?
    Ms. Moffitt. Yes, I think a strong partnership with anyone, 
and in this case international partners, is key. Open lines of 
communication is paramount to the work that I have done, 
because the earlier we can find out about potential concerns, 
the earlier we can address them and tamp down those different 
issues or concerns that people might have.
    I know, in the work that we have done in California, three 
years or so ago we had an outbreak of virulent Newcastle 
disease, which is a highly contagious disease amongst poultry. 
We heard from the industry how important it was to aggressively 
step in, through a joint command with APHIS, really contain the 
outbreak and then eradicate it, and now taking that proactive 
and all-in approach between industry--industry partnership was 
absolutely incredible in that--with Federal and State 
government, to really address those issues as they come up, so 
that we do not have those concerns from our trade partners to 
begin with. They have confidence that we are on it and taking 
the steps necessary to make sure that we are containing this 
disease.
    If I have the opportunity to be confirmed, I will 
definitely do that as well.
    Senator Lujan. Thank you, Ms. Moffitt. Madam Chair, we look 
forward to getting our red and green chile all over the world 
and across America, so I look forward to working with you to 
get that done. I yield back.
    Chairwoman Stabenow. Absolutely. We look forward to the 
Committee having the opportunity to taste that as well, which I 
have in the past. It is great.
    Senator Hyde-Smith.
    Senator Hyde-Smith. Thank you, Chairwoman Stabenow, and 
congratulations, Ms. Moffitt, on your nomination, and you have 
done really well answering your questions. I love your 
enthusiasm and I love your genuineness, and I look forward to 
working with you.
    Ms. Moffitt, USDA food purchases have historically left 
behind fresh fruits and vegetables, and of the $1.85 billion in 
USDA food purchases in Fiscal Year 2020, just $6.5 million 
actually included fresh-to-the-consumer produce. That was just 
spread across three commodities.
    As we recover from the pandemic, economic growth remains, 
as you well know, uneven. There are farmers tilling commodities 
over while people continue to be hungry. What can AMS do to 
right-size its purchasing to be more reflective of the Nation's 
bounty of specialty crops and to support the diets that 
Americans should be eating to combat diet-related chronic 
diseases?
    Ms. Moffitt. Senator Hyde-Smith, thank you for that 
question, and yes, I am very passionate about agriculture and 
American agriculture. Yes, so the pandemic certainly was 
heartbreaking at the beginning of the pandemic as 50 percent of 
our food supply chain practically stood to a halt. We, I know, 
just like the United States Department of Agriculture, we, at 
our State Departments of Agriculture around the country joined 
together, shared information, and really worked on building 
bridges and connecting producers that have food with the food 
supply chain, whether that was food banks, pantries, and 
schools and other feeding programs, building those bridges and 
connecting the dots between producers and those who were 
supplying those in need. It was really important
    We saw first-hand, in California, across the Nation, how 
important it is to bridge that infrastructure, to bridge 
producers and processors with food banks, food pantries, and 
the like, and the need to help build an infrastructure in 
between so that we can actually--we can build a better food 
system for our producers as well as for those who are 
benefiting from those nutrition programs as well.
    Thankfully, hunger is on the decline, but it is an 
important point right now in our Nation to take lessons learned 
from the past 16 months. Throughout the pandemic, things that 
we have been able to just, you know, go all in and say we need 
drop off--you know, all things aside and really support our 
producers, we need to support those who are hungry, and look 
out of the box. I think there is an important opportunity now 
to take those lessons learned and really apply them going 
forward.
    I know that the food purchasing program is important, both 
to those who benefit from the program, the consumers that 
benefit from the program, as well as the producer, and so 
should I have the opportunity to be confirmed I look forward to 
taking those lessons learned, meeting with the team to see what 
has already been done. I know there are a lot of public 
comments that have come in on this, and to look at what is 
possible in this area.
    Senator Hyde-Smith. Thank you. I think in my second 
question, while I have a little time left, the Farmers to 
Families Box Program, you know, despite its flaws it 
represented the only time that USDA purchased meaningful 
amounts of fresh produce, something that has been a goal of 
USDA for a very long time. You know, it was done by utilizing 
existing fresh produce supply chain to deliver a wide variety 
of high-quality fresh fruits and vegetables. Nonprofits, food 
banks, and clients, many things you just mentioned, 
consistently cite fresh produce as the most desired food to 
distribute.
    With the Administration's decision to sunset the program 
earlier this year, how do you think AMS should fill in the gap 
that has been left by this program ending?
    Ms. Moffitt. Yes, thank you, Senator Hyde-Smith. You know, 
I heard this. I know. I know people who have participated in 
the Food Box Program, and I know that it has been able to bring 
in non-traditional or new participants into USDA programming 
that have not been able, or been participating in the past.
    I am aware that USDA has announced some new funding related 
to this, really shifting from response to recovery, looking at 
long term, taking lessons learned, and looking long term. 
Should I have the opportunity to be confirmed, I look forward 
to partnering with the team at AMS, hearing what their plans 
are, and exploring opportunities to continue to look at how we 
bring in new partnerships, whether those are producers, local 
producers, small producers, as well as nonprofits and Tribes, 
as well.
    Senator Hyde-Smith. Great. Thank you very much.
    Chairwoman Stabenow. Thank you. Next we have Senator 
Fischer, who I believe is joining us virtually.
    Senator Fischer. Thank you, Chairman Stabenow. Ms. Moffitt, 
it is nice to see you again today. Welcome. I enjoyed the 
conversation that we had yesterday, and so I am pleased that 
you are here today.
    We talked about this a little bit. I have been hearing from 
many cattle producers in Nebraska about the need to increase 
transparency and improve our cattle markets. This is why I have 
introduced legislation to bring transparency to cattle markets 
and to provide cattle ranchers with a fair market.
    Last week, President Biden issued an Executive Order that 
requires USDA to issue a report to the White House within 180 
days, that would include suggestions on how to enhance price 
discovery, increase transparency, and improve the functioning 
of cattle and other livestock markets.
    If confirmed, you would oversee the Agricultural Marketing 
Service, which will likely play a role in developing these 
recommendations, given their responsibility for livestock price 
reporting. Do you believe that greater transparency is needed 
in our cattle markets?
    Ms. Moffitt. Yes, thank you so much, Senator Fischer, and I 
appreciated our conversation yesterday. You know, I heard your 
questions yesterday about transparency, and I certainly saw the 
announcement last Friday on a myriad of things, a whole package 
of things to really support and build a much more robust and 
resilient meat and poultry system.
    I know the importance of the Packers and Stockyard Act and 
how important that is to producers. I have heard, throughout 
this process, how important it is, how much ranchers are 
getting squeezed. We have talked, and I know that we have heard 
about the difference in market prices that consumers are paying 
than cattle ranchers are getting, and I understand that squeeze 
that the ranchers are getting.
    I know that it is important to ensure that the food system 
and the meat system is fair and competitive, and I look forward 
to exploring transparency by discovery, local and regional 
processing capacity, supporting a system where farmers and 
ranchers have choices, and where consumers have choices as 
well.
    Senator Fischer. Will you commit that you will engage with 
the Committee, not only on the recommendations that are sent to 
the White House but also to work with Congress on legislative 
solutions, like what I have put forward?
    Ms. Moffitt. Yes, Senator Fischer. I know how important it 
is to continually work with, in our case, our State 
legislature, in providing technical assistance on pending 
legislation and then, of course, partnering on enacting any 
legislation that might be approved. I know the value of working 
with our legislature. I know the value that would be, should I 
be in this position to work with Congress as well, in this 
process.
    Senator Fischer. Thank you. We have touched on this a 
little bit during your hearing about the USDA Packers and 
Stockers Division, and that is also going to fall under your 
leadership if you are confirmed. The Biden administration has 
directed USDA to consider rulemaking to strengthen the Packers 
and Stockyards Act. Can you discuss what your view, as the role 
of the Packers and Stockyards Act, what is that role, and how 
will the proposed rule changes help fulfill that role?
    Ms. Moffitt. Thank you, Senator Fischer. While cattle is 
the fourth-largest industry in California, I do not have first-
hand work yet on the marketplace for the cattle industry. I 
know how important it is. I know the complexity in it. I heard 
the announcement last week, and should I have the opportunity 
to be confirmed I look forward to meeting with Secretary 
Vilsack, understanding his vision, understanding what the 
directive is in the Executive order, and working to do all that 
I can to support that.
    Senator Fischer. Again, I hope you will pull in 
stakeholders across the country to be able to see the diversity 
that we have in different areas of the country in this 
industry.
    Ms. Moffitt. Absolutely.
    Senator Fischer. Great. For more than 25 years, the FDA has 
taken a one-size-fits-all approach to the U.S. biotech animal 
applications, and in those 25 years, only two agricultural 
innovations have received regulatory approval, both of which 
took over a decade. We currently do not have an efficient 
pathway toward other important innovations, such as disease-
resistant livestock or ruminant animals that emit fewer 
emissions.
    Last year, the USDA published an Advanced Notice of 
Proposed Rulemaking, an ANPR, suggesting it might propose 
regulations to develop a path at the Animal and Plant Health 
Inspection Service and the Food Safety Inspection Service for 
agricultural animals. This potential rulemaking has been 
included in the Biden administration's unified regulatory 
agenda several weeks ago. If confirmed, will you commit to 
meeting with stakeholders about the prospects of furthering 
this rulemaking at USDA?
    Ms. Moffitt. Yes, Senator Fischer, it is one of the things 
that I enjoy most about the job that I have now, is really 
hearing from stakeholders, hearing from--as a producer, as a 
former producers myself, I know important it is to hear from 
the people on the ground, working the land and implementing 
these regulations, to hear what are the best ideas that they 
have, and what are the ideas that they have, so that we can 
make sure that we are factoring all of that in, in the work 
that I do in my current job and, should I have the opportunity 
to be confirmed, I will continue to do that and meet with 
stakeholders throughout the Nation.
    Senator Fischer. Thank you, Ms. Moffitt. I appreciate the 
background that you will bring to this position and I 
appreciate your sincerity in pledging to constantly work with 
stakeholders on any number of issues. Thank you very much.
    Chairwoman Stabenow. Thank you very much. Next we have 
Senator Hoeven. Good morning.
    Senator Hoeven. Good morning. Thank you, Madam Chair. I 
appreciate it. Greetings again to Ms. Moffitt. Thank you for 
visiting with me on the phone the other day.
    I do want to pick up where Senator Fischer left off. We do 
need to do more to foster competition in the markets for our 
cattle producers, and that means more competition, better 
pricing, more transparency. She asked you about the Packers and 
Stockyard Act, and so I guess, along that same line, would you 
commit to work with the Department of Justice (DOJ) and the 
Federal Trade Commission as they look into the need for more 
competition in these markets, and would you support that 
effort, and how would you support that effort?
    Ms. Moffitt. Thank you, Senator Hoeven, and again, it was 
also nice to meet with you the other day as well.
    Yes, again, I know how important the Packers and Stockyard 
Act is to producers, and really the whole value chain, in 
support, as you said, a fair and competitive market, which is 
very important for family farmers and it is important for all 
of us in the Nation, as consumers, as well.
    I know that there is pending work done at the Department of 
Justice, and I know the importance of any agency engaging on 
any pending legislation. Should I have the opportunity to be 
confirmed, certainly I will connect with the office, our 
General Counsel at the United States Department of Agriculture 
and providing any sort of support, if needed.
    Senator Hoeven. One of the ideas that came forward in our 
hearing recently was establishing a cattle contract library and 
a 14-day slaughter schedule, and if that is enacted, which 
hopefully it will be, it would be implemented and administered 
by the Ag Marketing Service. Would you be willing to support 
the establishment of a contract library and a 14-day slaughter 
schedule as a way to improve market transparency?
    Ms. Moffitt. Oh, well, this is, again, something new to me, 
so I look forward to learning more about that. Should I have 
the opportunity to be confirmed, engaging in this and diving 
into this, both with your interest in mind as well as with the 
team at Agricultural Marketing Services.
    Senator Hoeven. Another question for you is in regard to 
APHIS Wildlife Services. One of the big challenges we have--we 
have a very diversified ag base in our State and grow a lot of 
different crops. For crops like sunflowers, corn, wheat, oats, 
sorghum, and others, the blackbirds just are a tremendous 
problem for us, which, on average, cause about $11 million a 
year in damage, just to the sunflower crop alone.
    If confirmed, will you continue to support the APHIS 
program that we have right now to manage blackbirds and prevent 
damage to our crops?
    Ms. Moffitt. Yes, Senator Hoeven, thank you for that 
question. Should I have the opportunity to be confirmed I will 
learn all about this and work with APHIS on understanding the 
program that they have.
    Senator Hoeven. We have a similar problem with coyotes. 
Will you support APHIS programs to address the challenge that 
we have with coyotes and their depredation?
    Ms. Moffitt. Yes. Again, should I have the opportunity to 
be confirmed I will work with APHIS and understand the work 
that they are doing, and to continue to ensure that the current 
work is benefiting producers.
    Senator Hoeven. Okay. Well, this next question is a really 
tough one for you, and I am probably okay however you answer 
it, but I know for the Chairwoman of the Ag Committee, she is 
going to be listening really, really close. That is, are you 
willing to support the Specialty Crop Block Grant Program?
    Ms. Moffitt. Yes, absolutely. That is a very tough 
question. Certainly I know, in the work that we have done in 
California, how valuable that Specialty Crop Block Grant 
Program is to producers in our State and to consumers in the 
State as well. Should I have the opportunity to be confirmed, I 
will continue to support that.
    Senator Hoeven. Yes, I figured that is one you would be 
pretty familiar with. Thank you so much. Again, thanks for 
visiting the other day. I appreciate it.
    Senator Boozman. That was a suck-up question.
    Senator Hoeven. Yes, sir.
    Chairwoman Stabenow. The right answer was produced. Thank 
you very much. Yes, thank you.
    Certainly, this morning, last but certainly not least, 
Senator Braun. Good morning.
    Senator Braun. Thank you, Madam Chair. This is always a 
topic I like to talk about in general, and I am going to refer 
to you as Jenny, since we had a great conversation last 
evening. I like the fact that you come off the farm. I did not 
grow up on the farm but I have lived on one ever since I moved 
back to my hometown.
    Every time I have the opportunity to talk about agriculture 
in general, I like to mention some of the things that, in my 
mind, make it tougher for one of the hardest occupations God 
created. One of my concerns is that both government, to some 
extent, and the concentration within the ag community, that 
farmers buy supply from, they become bigger challenges, maybe 
even taking the most risky business for the bottom line you 
squeeze out of an acre of effort. I am concerned about that.
    I know in your role that industry concentration is maybe 
not something that you can impact directly. Government 
regulation would be. I cite recently, in my own backyard, where 
I had farmers that are the great stewards of the land. That is 
reflected even in the climate discussion, where we emit so much 
less CO2 with our farming practices here in the U.S. versus the 
rest of the world.
    I am going to focus in on a couple of topics that I think 
you might able to weigh in on. We discussed it a little bit 
yesterday evening, and let us start with ag logistics. Whenever 
you go through all the effort of beating the weather, and 
getting things done, where you have got a good crop, you have 
got to move it to market. Tell me how you think your role could 
impact and make it easier for the farmer when he gets the crop 
out of the field to not be beset by particular issues of taking 
it to the marketplace.
    Ms. Moffitt. Yes. Thank you, Senator Braun, and it was 
great to meet with you as well yesterday. On the question of 
logistics, I know that within Agricultural Marketing Services 
there is a transportation section. Information is really 
important. As farmers, we do not always gather all the 
information that we need, and so the important role of the 
United States Department of Agriculture to be able to gather 
that information and provide information to producers, to 
distributors, so they have an understanding of what is going 
on, so that they can take things into their own hands and be 
proactive, is, in theory, very important.
    I, of course, also, in my current at the Department of Food 
and Agriculture, work a lot with our sister agencies. I know 
how valuable it is, as an ag agency, to work under sister 
agencies to help them as they are weighing different ideas and 
concepts, and to, again, bring that voice of farmers, of 
processors, of distributors, in this case, and what we are 
hearing from the ground.
    Senator Braun. Thank you for that answer. Then on another 
topic, the USDA collected nearly $1 billion in mandatory fees 
from American farmers. As one who is concerned, again, about 
how you would use those fees, and in the context of, you know, 
concentration within the industry, I am curious to see what 
your position would be, and that of Secretary Vilsack, on how 
you use these checkoff fees to where they are going to truly 
benefit the farmer, the producer.
    Ms. Moffitt. Yes, thank you for that question. I know, as a 
farmer who paid into marketing orders, and to the walnut 
marketing order, how important those marketing orders can be to 
us. In the walnut industry, at least, and I hope you all know 
how walnuts help promote heart health, brain health, all of 
that research was funded through our marketing order fees.
    While I do not have full understanding yet, because I am 
not in the position of what those fees currently do, certainly 
I commit to understanding your concern and your question about 
that and looking into it and ensuring that the work that the 
United States Department of Agriculture, should I be confirmed, 
is servicing the needs of customers.
    Senator Braun. Thank you. One quick question, and you can 
keep the answer, because I am almost out of time. When it comes 
to finding new revenue sources for farmers, including organic 
markets, how would you use your position to foster what is 
important for any business, regardless of what you are in, and 
that is not to rely on what you are doing necessarily in the 
moment to pay the bills, to look for other ways of earning 
money down the road?
    Ms. Moffitt. Yes, I do not know if I can go ahead and 
answer that question, but I am happy to. I think that the role 
of farmers in marketing products is important, and the role of, 
in this case, of the United States Department of Agriculture in 
supporting farmers and ranchers is a really important thing.
    I have been benefited from the work and the partnership 
with USDA, with Agricultural Marketing Services, again as an 
organic producer with the national organic program. Standards 
and regulations, regulatory developments can actually level the 
playing field, even the playing field, and, of course, you 
know, generate a fair and more competitive market.
    Senator Braun. Thank you.
    Chairwoman Stabenow. Thank you very much, and I believe 
that we have no further Senators that are going to be able to 
join us this morning, so I want to thank you again, Ms. 
Moffitt, for your testimony today. We have talked about the 
task ahead, if you are confirmed, to lead the Marketing and 
Regulatory Program mission area at USDA. More than any 
particular single function of your job there, the role is going 
to be about helping the diversity of our food system flourish. 
The job is going to be about working to make sure those 
producers who have the tools and resources they need to be 
successful, and if they do not, working to meet those needs 
quickly and efficiently.
    I believe you are the right person to lead that effort, and 
am pleased to support you.
    This concludes today's hearing. The record will remain open 
until tomorrow at 5 p.m. for members to submit additional 
questions or statements. The hearing is adjourned.
    [Whereupon, at 11:01 a.m., the Committee was adjourned.]

      
=======================================================================


                            A P P E N D I X

                             July 15, 2021

=======================================================================


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

      
=======================================================================


                   DOCUMENTS SUBMITTED FOR THE RECORD

                             July 15, 2021

=======================================================================

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]




      
=======================================================================


                         QUESTIONS AND ANSWERS

                             July 15, 2021

=======================================================================


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]