[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS FOR 2015 _______________________________________________________________________ HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION ________ SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES ROBERT B. ADERHOLT, Alabama, Chairman TOM LATHAM, Iowa SAM FARR, California ALAN NUNNELEE, Mississippi ROSA L. DeLAURO, Connecticut KEVIN YODER, Kansas SANFORD D. BISHOP, Jr., Georgia JEFF FORTENBERRY, Nebraska CHELLIE PINGREE, Maine THOMAS J. ROONEY, Florida DAVID G. VALADAO, California NOTE: Under Committee Rules, Mr. Rogers, as Chairman of the Full Committee, and Mrs. Lowey, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. Tom O'Brien, Betsy Bina, Pam Miller, and Andrew Cooper, Staff Assistants ________ PART 3 Page USDA Inspector General........................................... 1 Commodity Futures Trading Commission............................. 135 USDA Research, Education, and Economics.......................... 349 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ________ Printed for the use of the Committee on Appropriations AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS FOR 2015 _______________________________________________________________________ HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION ________ SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES ROBERT B. ADERHOLT, Alabama, Chairman TOM LATHAM, Iowa SAM FARR, California ALAN NUNNELEE, Mississippi ROSA L. DeLAURO, Connecticut KEVIN YODER, Kansas SANFORD D. BISHOP, Jr., Georgia JEFF FORTENBERRY, Nebraska CHELLIE PINGREE, Maine THOMAS J. ROONEY, Florida DAVID G. VALADAO, California NOTE: Under Committee Rules, Mr. Rogers, as Chairman of the Full Committee, and Mrs. Lowey, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. Tom O'Brien, Betsy Bina, Pam Miller, and Andrew Cooper, Staff Assistants ________ PART 3 Page USDA Inspector General........................................... 1 Commodity Futures Trading Commission............................. 135 USDA Research, Education, and Economics.......................... 349 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ________ Printed for the use of the Committee on Appropriations U.S. GOVERNMENT PRINTING OFFICE 89-902 WASHINGTON : 2014 COMMITTEE ON APPROPRIATIONS HAROLD ROGERS, Kentucky, Chairman FRANK R. WOLF, Virginia NITA M. LOWEY, New York JACK KINGSTON, Georgia MARCY KAPTUR, Ohio RODNEY P. FRELINGHUYSEN, New Jersey PETER J. VISCLOSKY, Indiana TOM LATHAM, Iowa JOSE E. SERRANO, New York ROBERT B. ADERHOLT, Alabama ROSA L. DeLAURO, Connecticut KAY GRANGER, Texas JAMES P. MORAN, Virginia MICHAEL K. SIMPSON, Idaho ED PASTOR, Arizona JOHN ABNEY CULBERSON, Texas DAVID E. PRICE, North Carolina ANDER CRENSHAW, Florida LUCILLE ROYBAL-ALLARD, California JOHN R. CARTER, Texas SAM FARR, California KEN CALVERT, California CHAKA FATTAH, Pennsylvania TOM COLE, Oklahoma SANFORD D. BISHOP, Jr., Georgia MARIO DIAZ-BALART, Florida BARBARA LEE, California CHARLES W. DENT, Pennsylvania ADAM B. SCHIFF, California TOM GRAVES, Georgia MICHAEL M. HONDA, California KEVIN YODER, Kansas BETTY McCOLLUM, Minnesota STEVE WOMACK, Arkansas TIM RYAN, Ohio ALAN NUNNELEE, Mississippi DEBBIE WASSERMAN SCHULTZ, Florida JEFF FORTENBERRY, Nebraska HENRY CUELLAR, Texas THOMAS J. ROONEY, Florida CHELLIE PINGREE, Maine CHARLES J. FLEISCHMANN, Tennessee MIKE QUIGLEY, Illinois JAIME HERRERA BEUTLER, Washington WILLIAM L. OWENS, New York DAVID P. JOYCE, Ohio DAVID G. VALADAO, California ANDY HARRIS, Maryland MARTHA ROBY, Alabama MARK E. AMODEI, Nevada CHRIS STEWART, Utah William E. Smith, Clerk and Staff Director (ii) AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS FOR 2015 ---------- Wednesday, March 5, 2014. U.S. DEPARTMENT OF AGRICULTURE WITNESSES HON. PHYLLIS FONG, INSPECTOR GENERAL, U.S. DEPARTMENT OF AGRICULTURE KAREN ELLIS, ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS, U.S. DEPARTMENT OF AGRICULTURE GIL HARDEN, ASSISTANT INSPECTOR GENERAL FOR AUDIT, U.S. DEPARTMENT OF AGRICULTURE Introduction of Witnesses Mr. Aderholt. Okay. The subcommittee will come to order. Good morning, everybody. Welcome to the Agriculture Appropriations Subcommittee's first hearing for fiscal year 2015. I would like to approach our fiscal year 2015 bills with basically three things in mind: number one, ensuring the proper use of funds for robust oversight; second, ensuring the appropriate level of regulation to protect producers and the public; and ensuring funding is targeted to vital programs. The audits and investigations conducted by the Office of the Inspector General are key to the subcommittee's effort to ensure the proper use of funds, to detect and reduce waste, fraud, and abuse, and to strengthen the management of USDA's agency and programs. The work is vital to us to make sure that the decisions on how to allocate the funds and our oversight work to ensure that the funding that we provide is utilized in a proper way. This morning I am pleased to welcome USDA Inspector General Phyllis Fong, Assistant Inspector General for Investigations, Karen Ellis, and Assistant Inspector General for Audits, Gil Harden, to the hearing this morning. So welcome and thank each of you for being here. Ms. Fong, I would like to first of all congratulate you on receiving the Distinguished Federal Leadership award from the Association of Government Accountants last month. For those of you who may not know, this recognizes Federal officials who exemplify and promote excellence in enhancing sound financial management legislation, regulations, practices, policies and systems. So we are fortunate to have you at USDA, Ms. Fong, and thank you for your service. Before I begin the hearing, I do want to recognize our ranking member, Mr. Farr from California, for any opening comments that he might like to make. Mr. Farr. Thank you very much, Mr. Chairman, and I apologize for being late. I appreciate you getting the hearing started. This is the first hearing of the year and we start with the inspector general. I have to tell you I have mixed emotions about inspector generals. I think that where you can be very constructive in improving government is great, but I have also seen a lot of unintended consequences from IG reports that have led to things getting a lot worse. Before I got into elected politics, I worked in the auditor's--in the legislative analyst's office in Sacramento under a really famous fellow who started the first state legislative analyst's office, Alan Post, and I found that oftentimes when we were analyzing the programs for the legislature, what we learned was that the programs--I mean, the legislature just didn't write good law and there--and got a lot of unintended consequences. And what I would like to--I appreciate that you are also a member of the Federal Inspectors General's Federal, what do you call it, the government-wide program where you--73 Federal inspectors. I just--when I get to questioning, I want to just discuss some of the issues of how you fix things that are broken, but I appreciate what--I echo the appreciation for the award you received. We love public servants that are recognized by their peers as outstanding, and you are certainly one of them, and thank you for being here today. Mr. Aderholt. Thank you. As this is our first meeting, let me just go over a little few things about how the procedures for the hearings are to our members. And we will work under, as we always and have in the past, the 5-minute rule. Members will be recognized for 5 minutes in order of seniority at the dais at the beginning of the hearing and then in order of appearance. We will alternate between the majority and the minority members. And we may have a couple rounds to allow members to get their question in. So I would like to ask anybody with electronic devices, if you can turn them off or put them on silent, that would be helpful. Inspector General Fong, I will note that your written testimony will be included in the record, and I would like to recognize you now for your oral statement and then we will proceed with the questions. Opening Statement Ms. Fong. Thank you, Mr. Chairman, Ranking Member Farr and members of the subcommittee. I appreciate the very warm welcome that you are extending to our office today, and as always, we appreciate the interest that you show in our work and what we do at USDA. As you know, our mission is to help USDA deliver its programs effectively and with integrity, and we provide audit and investigative services. Since you have my full written statement, let me just highlight some of the significant work we did over the last year aswell as some of the work that we have in process that may be of interest. In the area of food safety, we recently reported on swine slaughter plants, and we found that a number of plants repeatedly violated food safety regulations with little or no consequence. We also issued a report on the need for FSIS to test boxed beef for E. coli. That report came out a number of months ago, but we believe it is very significant. We are currently conducting audits of FSIS's public health information system for the domestic inspection module, and we are also doing an inspection of ground turkey processing. OIG focuses also on helping USDA safeguard and effectively deliver its programs. Given the importance of the SNAP program, it had an $86 billion budget last year, which represents 56 percent of USDA's portfolio, we in OIG devoted more than half of our investigative resources to addressing trafficking in SNAP benefits, and this resulted in almost 400 convictions and over $49 million in fiscal year 2013. We also spent a number of resources on our audit side to issue recommendations to the Department to better screen SNAP retailers who wish to enter the program and remain in the program. This year, we have kicked off an initiative with FNS to work collaboratively to address SNAP fraud on a multi-agency level that will involve our State and local partners as well, and we have great expectations that this program will be proactive. Other work that we have in process focuses on how FNS reports its SNAP payment error rates, and we are also looking at factors that are causing high average food costs in the WIC program. Finally, as you all know, we work to help USDA improve its overall management systems. This year we issued reports on the Department's settlement of the civil rights complaints as a follow-on to the Pigford litigation. We also issued reports on IT security, financial statements and improper payments. We have ongoing work on the claims review process for women and Hispanic farmers and we also are looking at the use of Economy Act transfers and reimbursable agreements by the Department as it manages its funds. Let me just briefly conclude my oral statement by addressing the fiscal year 2015 request for the OIG. As you all know, in response to government-wide budget constraints, we have had to streamline our operations, as has every other Federal agency, and we are presently operating at our lowest level of staffing. We want to thank you at the subcommittee for providing us with a much needed increase in fiscal year 2014. This will enable us to provide more effective oversight of USDA programs while we continue to look for cost saving opportunities within our operation. For fiscal year 2015, the President's request provides a modest increase for us to adopt an innovative approach to addressing improper payments in USDA programs, and we hope that you are able to support that request. We are hoping to use data analytics to really focus on the level of improper payments across USDA, starting with the issues that we see in RMA and some of the other agencies. So thank you today for inviting me to testify before the subcommittee, and we are pleased to answer any questions that you might have. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] DEPARTMENTAL CHALLENGES Mr. Aderholt. Thank you, Inspector. First of all, I would like to start out with something that I believe I had mentioned last year when we started out the subcommittee hearings, and that was talking about the challenges and the successes. You have mentioned some of those in your opening statement, but I think last year I asked about the USDA's greatest challenges and whether the Department is doing enough to address those challenges. And can you tell a little bit about what you see from your perspective and from your office, what is the greatest challenges as you look to the year ahead? Ms. Fong. Well, that is a very good question, and it gives us a chance to look at the body of our work and see the major themes coming out. As we were preparing for this hearing, we were talking, and one of the things that we see across the Department is that there is a need to provide more attention to effective management of the Department's programs and oversight of programs both within the agencies and with respect to third- party providers of benefits. We have done a number of reports in the agencies. I think if you look at our IT security reports, that is an indication of some of the problems that we are seeing with agencies who need to really focus on their IT security. Improper payments becomes a symptom of perhaps the need for more effective oversight of how agencies deliver programs. And what we were seeing is that in this era of budget constraints, program managers are looking as a top priority to deliver programs, to get the money out, to get the benefits out to recipients and participants, and we believe that that is a very important goal. When an agency has perhaps less resources than it has had in the past, sometimes agencies have to make some tough choices about delivering benefits versus making sure that there are enough controls in place, that there is enough oversight of how those benefits are delivered, and we believe that there needs to be a little more attention on the oversight side of that. We see that in the SNAP program, in the nutrition programs, in the crop insurance programs, in the farm programs. And as our statement points out, we are doing continued work on those oversight efforts by the agencies to see how effectively those programs are working. Mr. Aderholt. Where is USDA--in what areas are they doing a good job in tackling the waste, fraud, and abuse? Ms. Fong. Well, we are very encouraged by the partnership that we have with FNS. We recognize that the SNAP program poses a number of challenges for everyone at the Federal, State and local levels in terms of delivery, but FNS has been very willing and enthusiastic in terms of working with us to roll out our initiative this year. And let me just talk a little bit about that. We are partnering with them to work with State and local administrative agencies as well as law enforcement to really get at some of the root causes for vulnerabilities and fraud in the program, and to ensure that fraud where we find it is being addressed both at the retailer as well as the local recipient level, and to also proactively get the message out to people around the country that if they engage in fraudulent activities, that there will be some consequences to that. So we are rolling that initiative out as we speak, and FNS has been a very, very active partner. PROGRAM OVERSIGHT Mr. Aderholt. You mentioned about the oversight of programs and how important that is. I assume that is going to be one of your top recommendations for USDA. What are some other recommendations that would be near the top there that would fall in that same category? Ms. Fong. We feel very strongly that the Department needs to focus on its IT security initiatives. I think there is a recognition at the Department that this is a significant issue. The use of IT cuts across all program areas. As we are becoming more computerized, it is essential that we have good databases and security of data. I think there is a good recognition of the problem. The solutions are taking time, and they will continue to require time and attention. Mr. Aderholt. Okay. Thank you. Mr. Farr. Mr. Farr. Thank you very much, Mr. Chairman. IG WORK PROCESS I would like to pursue a little bit of just the process in which the IG's work, because you are on the council of--you are chair, aren't you, of the Council on Integrity and Efficiency? Congratulations. That is--you are in charge of what, 73 other inspector generals? Let's take the SNAP question that the chairman asked. I mean, that seems to me, and just quickly thinking, that there is probably no program in the Federal Government that has more responsibilities to audit the recipient of the money, of the benefit, and then how that benefit is spent. In most cases, it is just does the money get to the right place, not how is the money from the person spent. Nobody checks how Social Security money is spent, but they do check on how SNAP programs are spent. So as you review these, and obviously, as you said, it is a huge program. It is, what, 56 percent of the entire Department of Agriculture's budget spent on food in America? Do you also come in with recommendations on how to improve the program or just that it isn't--because I have found in a lot of these programs, like the school feeding program that I am really interested in, we had seven or eight different programs within schools. Nobody's come in and said why don't we put those under one title and manage them under one silo rather than seven separate silos, and whatever technology, because you are also reviewing use of technology, appropriate technology, sort of bar coding of the meals or bar coding the process. I mean, there is just--do those recommendations, do the IG's come in and say there is a better way of managing this law that we are required to have you comply with? Ms. Fong. You have raised a number of very interesting thoughts in your question. Let me just comment on a number of them. You mentioned the Council of the Inspectors General on Integrity and Efficiency. It is composed of the 73 Federal IG's. And our task, our mission is to identify issues that cut across multiple agencies and then to do cross-cutting work and come up with recommendations where appropriate. As you mentioned---- Mr. Farr. Is that--excuse me. Is that also program change or just how the IG's can better function? Ms. Fong. It is both. We do focus on how IG's can better function. We also look at program change. For example, we have issued reports in the last few years on suspension and debarment government-wide, on IT cyber security and how to better evaluate that, and we have done something on export and import trade. And one of the projects we are working on now deals with cloud security, the security of the agencies using cloud computing to manage a lot of their IT practices. As you can imagine, it is not always easy to find topics that cut across department and agency lines. For example, you know, you mentioned that on the Social Security side that perhaps people do not look at how Social Security recipients spend their money. I would say---- Mr. Farr. Well, there is no law--there is no law into that of how you spend it, where there is with SNAP, you are limited as to how you can spend the money. Ms. Fong [continuing]. And along those lines---- Mr. Farr [continuing]. The benefit. Ms. Fong. At the IG level, at the IG council level government-wide, what we would focus on in dealing with the IG's from, say, the Social Security Administration or, say, the Department of Health and Human Services with respect to Medicaid, or Veterans Affairs with respect to veterans benefits, is to find issues that we have in common, for example, the need to match databases, not to pay people who are on the death master list or who may be ineligible for other reasons, and we have been able to do work at that kind of macro level. Mr. Farr. Does that come back to--I mean, here all of us are elected to fix things that are broken in government, and some of us think sometimes that it is broken on the collection side and some of us think it is broken on the expenditure side. I mean, that is the politics. But it seems to me that you are-- the thing I see in Congress different from when I was in local and State government is that we do everything on a very general level. We make law very general and then we have these rule writings that gets into writing the detail, but the only people that really examine and know how it really ends up on the street are people like inspector generals and/or managers of those programs, and very rarely do we get back sort of the feedback, you designed this thing poorly. It is just--it is not going to work the way you have written it. There is a smarter, better way. That is what--the kind of feedback, you know, and nobody knows that except the technicians on the inside. I always tell everybody who is a public employee, tell us what is broken. If you are running a program and you have to do a bunch of dumb-dumb stuff, we want to know dumb-dumb, because we can fix dumb-dumb, but we don't get it. I mean, we don't always get it unless there is sort of a scandal or something like that. And I just wondered if part of your responsibilities was to come back and say, you know what, either the law or the regs are just poorly written. Ms. Fong. And that is a very good point. We do try to point that out in our reports where we think that a regulation or a law should be looked at and perhaps revised. The one that comes to mind immediately is our recent report on SNAP retailers and how the Department authorizes and reauthorizes retailers who participate. There are a number of recommendations we made in there that may require a change to law or regulation if the Department decides it wants to pursue that, and so I would draw your staff's attention to some of those recommendations. Mr. Farr. Thank you. Mr. Aderholt. Mr. Latham. Mr. Latham. Thank you, Mr. Chairman. NASS DATA And welcome; appreciate your work. Your testimony reported a lack of antiquated enforcement procedures and security measures meant to protect the National Agricultural Statistic Service information and understanding how important security is on that information, the effects it can have on markets and insider trading, whatever that--it is a little concerning to me to hear that there are real problems. Was there any data that was actually released prior to what it should have been, or do you know if information did get out ahead of--to affect the market? Mr. Harden. Yes, sir. We would probably have to get back with you on details, but before we did our review, I think a couple years prior, there was some information that was released a couple minutes ahead of time, but the impact on that, I don't know the exact impact that it had on the market. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Latham. Okay. Are you confident now that the information is secure, that the data's not---- Mr. Harden. I know that as we did the review and we brought the problems to NASS, they were very receptive and started working on fixing the problems before the field work was even finished. So in terms of the recognition of the problem, I think they have a better handle on it now. We would have to go back and look at it in the future to see if the fix is sufficiently implemented. Mr. Latham. Do you have any additional recommendations or any other concerns or--other than what you have already---- Mr. Harden. No. RECOVERY RECOMMENDATIONS Mr. Latham. Okay. There were--I think in your testimony, you did 17 audits, and as a result, determined there was $424 million of ``questioned'' or unsupported costs at USDA, and there was $12 million that was recommended for recovery and $412 not. Why would you not want to recover more than $12 million rather than the $412? Ms. Fong. Let me just talk generally in terms of our recommendations. We--as you point out, we make dollar recommendations in a number of categories, and that cost avoidance category generally applies when we are making recommendations to the agency to take action before the money goes out. Don't let the money go out to an ineligible person. The recovery category is when the money has already gone out and we tell the agency, take a look at this, we think it may have gone, and they may be using it for an ineligible purpose or an improper purpose. We will make those recommendations. At that point, the agency then has to assess whether they can take action, whether it is within the statute of limitations, whether they have a likelihood of recovery, whether there is any other factor that comes into play there. And so we work with the agency to come up with recommendations that are possible and implementable. Gil, did you want to add---- Mr. Harden. And just to point out, a big part of the number that was not recommended for recovery, I think if I go back and look at the details, they are going to be connected with statistical projections. So on the--we take a sample and we do it statistically. If there are individual members of that sample where we note that they were potentially ineligible, we can make specific recommendations to the agency to go look at those specific sample items, but then with our statistician, we can take that data and apply it to the universe that we were looking at at that point in time, which comes up with an amount that is potentially ineligible, but it is something that is not recoverable because it is not connected with a specific sample item. Mr. Latham. So these numbers are actually projections of maybe? Mr. Harden. Statistically, yes, those. Mr. Latham. Okay. Again, define your question, unsupported costs. What does that mean? Mr. Harden. The unsupported costs category is where they did not have the documentary support for whatever---- Mr. Latham. Okay. Mr. Harden [continuing]. The decision was that was made, and they couldn't provide it to us during field work or maybe they were able to provide it to us after, they were able to come up with it, or if not, then it stays as unsupported. It is part of the question cost category. Ms. Fong. For example, if the Department were to give a grant to a recipient to carry out a certain kind of activity, and the recipient then claimed costs under the grant, say, for salaries or for purchase of equipment or whatever it is, if they don't have the supporting receipts or documentation, then the Department should not be paying that. The claimed costs need to be supported and justified. Mr. Latham. Okay. I am out of time. Thank you. Mr. Aderholt. Ms. Pingree. Ms. Pingree. Thank you very much, Mr. Chair. Thank you for your testimony and all of the work you do on behalf of the USDA and investigating things that really need to be understood. INVESTIGATION PRIORITIES Let me just start with some of the questions around how you decide where to focus your investigations. You did a great job in the beginning, I think, explaining that because SNAP is such a large percentage of the budget at USDA, it has been a focus, and you have certainly done a lot of work of trying to sort out what the areas are of fraud. It is always a volatile topic here when it comes to the policy and the funding. And I appreciate the fact that you have really started to look at some of the retailing issues as opposed to just focusing on individuals, because I think all too often we think about the individual who committed the fraud. So I want to just get a little bit of a comparison. I see from 2012 data, about 50 percent of your investigations went into SNAP fraud. My understanding is about 99 percent of the people eligible for SNAP are completely truly eligible, so clearly, some of this is happening in the retailing side. Payment accuracy is 96.2 percent from 2011 data. In Maine, where I represent, the average SNAP benefit is about $122 a month, so individuals who do something incorrect aren't necessarily defrauding the government for high numbers. I, of course, want to compare this a little bit to some of the farmers who receive different kinds of payments through USDA. And the average of the top 10 percent of farmers is $32,000 a year in crop subsidies. So just give me a sense on how much you have done on that side, given the dollar value, how able we are to understand when people are receiving those subsidies appropriately, and how you balance out the use of those resources, and I would say particularly in light of the fact that with this passage of the farm bill, there are going to be a tremendous number of changes in how farmers receive subsidies, so it seems to me it will be an area of a certain amount of confusion in the beginning. Ms. Fong. Let me just comment generally about how we set our priorities for our work. As you mentioned, on our investigative side, which makes up about 40 percent of the resources of our office, SNAP has taken up more than half of our attention. And we generally focus on the retailers, because that is the Federal level of responsibility, leaving the recipient fraud generally to the State and locals to investigate. Now, both our audit side of the house and our investigative side of the house, every year we look at the areas of highest risk within USDA as we plan our work. And in order to kind of assess that, we ask for input from Congress, from the Secretary as to areas where you all might believe we could focus our attention. We also look at the history of the various programs in the portfolios based on our experience, the level of funding, whether there are new legislative initiatives that are being implemented, and any other factor that could come into play. We then decide what areas pose the greatest risk at the current time, and are ripe for a look. Many times we will not look at a very new program, because we want to give the agency a chance to start implementing it. I think if you look at our full portfolio, you will see that every year we are mandated by law to carry out financial statement audits, which we do of the whole Department. We have to look at IT security. We have to look at improper payments by law, and so we spend quite a bit of resources on that. We have also spent a lot of time on the conservation programs because of the way those programs have been managed in the past. Crop insurance is a matter of great interest to us, as is any food safety issue. That tends to be one of our top priorities. IMPROPER PAYMENTS Ms. Pingree. So perhaps I could have the opportunity to do a little more research on this or you could provide me with that, but I am curious, given some of the priorities around improper payments and what would be quite a bit of changes in crop insurance. So, again, I am somewhat interested in how many improper payments or how that is evaluated when it comes to subsidies to farmers. And you may not have all that information today, but I would be just generally interested in understanding better how well we are able to investigate that and how much of your resources go to that investigation. And just as a little follow-up on that, so I know that part of the new resources that are in the President's budget are on the creation of these audit centers of excellence, which seems like a potentially good way of going about doing that, so again, in the future, do you have an understanding of how much of that will be devoted to investigating SNAP fraud as opposed to investigating subsidy payments? Ms. Fong. We would be happy to provide some additional detail for the record. Ms. Pingree. I am out of time, so I know you probably don't have a lengthy answer, but I would be happy to get more information on that. Ms. Fong. We would be happy to provide that. Ms. Pingree. Great. Thanks. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Aderholt. Mr. Nunnelee. Mr. Nunnelee. Thank you, Mr. Chairman. IPERA Ms. Fong, you state in your report that the USDA has not complied with the Improper Payments Elimination Recovery Act of 2010. What areas is the USDA lacking full compliance with IPERA? Ms. Fong. Well, there are seven areas that we are supposed to assess, and they are non-compliant with three of them. They have not---- Gil, go ahead to make sure we get it right. Mr. Harden. The three areas that they were not compliant-- we found issues with eight of the 16 high-risk programs. Mr. Nunnelee. Eight of the 16 what? Mr. Harden. High-risk programs that are covered as part of IPERA. So for two programs, they have not published improper payment estimates; for two programs they haven't published improper payment rates of less than 10 percent; and then in six programs, they haven't met their annual reduction targets. Mr. Nunnelee. So what are they doing to correct these areas? Mr. Harden. By--this was the second year in a row that we had--we had reported the non-compliance, and so we are doing the current work right now, but they had to get with OMB and do some extra work this year because they have not shown compliance, but I will have to get back to you on exactly what they have done. Mr. Nunnelee. All right. So you--you know, we will submit that for the record. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Nunnelee. All right. Last year you testified that there were 10 States that have not met deadlines for recommendations that you had recommended for the State compliance. Where are we with those? STATE SNAP COMPLIANCE Mr. Harden. Those are with the SNAP---- Mr. Nunnelee. Yes. Mr. Harden [continuing]. Databases? Mr. Aderholt. Speak a little closer to the mike. Mr. Harden. Those were with the SNAP---- Mr. Nunnelee. Yes. Mr. Harden [continuing]. Databases? And we have gotten agreement with FNS on all of those recommendations in terms of the plan forward in terms of making corrections. We had initiated work to do some follow-up work in that area, but when we started that work earlier this year, we learned that FNS had let its own contract to look at some of the very same things that we were going to look at where they were working with States to improve the methods for tracking down, you know, the improper payments. So what we are doing with that right now is monitoring how they are doing to see whether we need to go in the future, as opposed to duplicating the effort that they are doing right now. Mr. Nunnelee. So is it reasonable to think that when we come back this time next year, you will be able to report that they have made significant progress? Mr. Harden. I will look into that and see if we can say that. I know that we can--one of the things that we are working on right now is their quality control rate, and we are continuing--we are starting to see problems with that error rate as well, as well as errors with the school lunch and breakfast. So it is a big, big problem, and they are making incremental changes. Mr. Nunnelee. Thank you. Thank you, Mr. Chair. Mr. Aderholt. Mr. Fortenberry. Mr. Fortenberry. Thank you, Mr. Chairman. Good morning. Ms. Fong, first let me thank you, congratulate you on the major award you received. And several years ago when I was chairman of the Subcommittee on Nutrition on the House Agricultural Committee, we had a robust dialogue about fraud and waste in the SNAP program. You took some additional initiative there and dug a little deeper, and I think we have got some good outcomes, so thank you for that initiative. I think it is important to say up front that this is America. We don't let people bleed in the street, we don't let people starve in their homes, and that is why programs such as SNAP are important. Given the magnitude of it, given the amount of money that it spends, even a small bit of fraud in it creates the potential for savings, which, in turn, are necessary in this tight fiscal time, but also it is not fair to those who are in vulnerable circumstances to have dollars that could be used to help them divided to people who are abusing the system. So this--in that spirit is why we tend to focus pretty narrowly pretty quickly on the SNAP program. SNAP FRAUD Back to that point, where do you find--do you find fraud in the program concentrated in one area of the country or another? Ms. Fong. I don't think we would say it is concentrated in particular areas, because we don't--you know, it is hard to project that. We do have major investigations going on all the time around the country in all of the major urban centers that you can imagine. The initiative that we are working on with FNS has identified a couple of areas that we are going to focus on, because the State and local authorities there are happy to work with us and because we see opportunity there. And I---- Mr. Fortenberry. That is on the retailer side? Ms. Fong. Retailer as well as recipient. It will---- Mr. Fortenberry. Let me ask you a question simply. How does the most basic type of fraud take place? In other words, if you are a SNAP recipient, somebody offers you some cash for the use of the card, is that the fundamental way in which SNAP recipients could potentially abuse the program, and the same thing for the retailer? Ms. Fong. That is basically the scheme. There are many variations on it, but the idea is that if you are a recipient, you offer your card up. You get perhaps $0.50 on the dollar for that, so you are free to spend that money any way you see fit, and then the retailer can redeem that card and get full value for it. Mr. Fortenberry. And I recognize that this fraud in the program has dropped significantly since going to the electronic benefit, but this basic problem still potentially exists and is dependent upon the goodwill, the self-enforcement of the person using it primarily. I imagine that is very difficult to stop. AUDIT PRIORITIES You walked through this a little bit, but I wanted to get a better understanding of how you prioritize your work, how you prioritize your audits. Is it simply based upon the magnitude of the programs, where the money's spent, so you tend to divide up what you have in terms of resources and focus on those areas, or when something arises that looks problematic and you are alerted to it, you tend to prioritize that? Ms. Fong. It is all of those factors. Mr. Fortenberry. Okay. And who makes that decision? Ms. Fong. We do, the senior staff within IG. Mr. Fortenberry. I assume you'd want suggestions. Ms. Fong. Absolutely. We welcome suggestions from all Members of Congress. Mr. Fortenberry. Well, two points. You have asked for a budgetary increase. I think it would be helpful to do some type of study to show that if you are--the correlation between budgetary increases and better outcomes for programs measured in terms of impact as well as cost savings. That way, it helps very much justify the case for an increase in your part. PAYMENT LIMITATIONS The second issue before I am out of time is Ms. Pingree had a very good point. We are interested in stopping fraud, making the system more effective no matter where it is, and in this regard, I am interested in the question of exotic legal arrangements that help skirt payment limitations and actively engaged rules, if you will, for the appropriation of farm payments. This is an area that I think we need to take a closer look at. Ms. Fong. Yes, I appreciate that. We do have information on our return on investment. Over the last 8 years, we have averaged $12 for every dollar invested in our operation, and so we strongly believe that any increase in budget for us will result in better and more audits and investigations that bring back more money to the government. And in terms of payment limitations and actively engaged issues, we are very aware of those. We have a long history of carrying out investigations into schemes involving that as well as some audit work in that area. So we will take your suggestion and explore that for next year. Mr. Fortenberry. Thank you. Thank you, Mr. Chair. Mr. Aderholt. Mr. Rooney. Mr. Rooney. Thank you, Mr. Chairman. NASS Last month your office released an audit of the USDA's National Agricultural Statistical Service, or NASS. Your security review found that the agency failed to adequately enforce critical security procedures and physical security measures intended to protect NASS's information. You also identified several instances where sensitive commodity market data was compromised due to lapses in technology. Has your office decided to conduct additional audits related to the security of NASS in the programs? Mr. Harden. Not at this--not at this time, because they have been very receptive and proactive in working on the recommendations and the problems that we noted, and so we would probably include it as--in future planning to go back and see if the measures they took, you know, solved the problems. Mr. Rooney. What would you be looking for to see if they did solve those problems? Mr. Harden. I mean, we would follow up on the recommendations that we just made. We would give them time to implement those recommendations and then see if they implemented them. Mr. Rooney. Okay. NASS collects personally identifiable information data for a number of surveys, including the agricultural census, so based on the findings in your recent security review, do you believe we should be concerned about the USDA's ability to sufficiently protect this sensitive data as well? Mr. Harden. That was not something that was specifically part of it. If I can get back to you on that, I would appreciate it. [The information follows:] Based on our audit work, we have concerns about NASS' ability to sufficiently protect all of its sensitive data, including data containing PII. We conducted vulnerability scans of NASS' entire network on which this information resides and identified multiple critical and high IT vulnerabilities. NASS had not been timely addressing these vulnerabilities. As a result of our review, NASS created a group that has started taking action to remediate these vulnerabilities. Mr. Rooney. Okay. Thank you. And do you believe that NASS's security weaknesses could lead to potential violation of the agency's statutorily required confidentiality pledge? Mr. Harden. I would also like to get back to you on that. [The information follows:] As previously stated, we found multiple vulnerabilities on NASS' network that could affect the security of the information it collects and thus its confidentiality statement. NASS is actively working to remediate the vulnerabilities. Mr. Rooney. USDA also has a good deal of secret and sensitive, non-personally identifiable information, including sensitive information regarding its plant and animal disease research. What is your assessment of the USDA's cyber security on this type of data? Mr. Harden. That I don't think we have done recent work, but I can look in to see what we have done in the past. [The information follows:] In our FY 2013 FISMA report, we continued to report a material weakness in USDA's IT security, including agency IT security. The Department has not (1) developed policies, procedures, or strategies for continuous monitoring or risk management; (2) the Department and its agencies are not in compliance with baseline configurations; (3) vulnerabilities are not being remediated in a timely manner; (4) separated employees' access to computer systems is not terminated in a timely manner; (5) policies defining the detection and removal of unauthorized network connections have not been developed or implemented; and (6) policies have not been issued defining required oversight of information technology systems that contractors or other entities operate on USDA's behalf, including systems and services residing in the cloud. Until these issues are resolved, all of USDA's information systems and the information residing on these systems, including PII and sensitive information (which includes plant and animal disease information) have an increased risk of being lost, disclosed, altered, and/or destroyed. Mr. Rooney. Okay. I ask a lot of this because I also sit on the Intelligence Committee, so this is sort of an area that I am interested in, so I appreciate your getting back to me on-- -- The next question is, does the agency have sufficient resources dedicated to protecting its secret non-personally identifiable information? Mr. Harden. That--let me get back to you on that one, too. Mr. Rooney. Finally, Mr. Chairman, does the agency have appropriate safeguards in place to ensure only those allowed to access the information are able to do so? Ms. Fong. I am just going to interject here. And since you have a background in intelligence and data, you know that every year we have to do a review under the FISMA statute which does a comprehensive look at the Department's IT security across agencies and from the whole IT security process from soup to nuts, and I think it is safe to say that over the last few years, we have found significant issues with the Department's overall IT security processes. We have made 49 recommendations to correct them, to come into compliance with NIST guidelines. And many of the questions that you are asking really go to the kinds of points that we have been making, that the Department needs to tighten up and come into compliance in those areas. So I just wanted to offer that as background. Mr. Rooney. Well, if you could also help me with the answers to those questions as well, maybe I can help you in that regard. [The information follows:] We had no audit work directed specifically at secret non-personally identifiable information. But, one consistent theme throughout the Department is not patching for known vulnerabilities, which cybercriminals can use to exploit systems. As part of our FY 2013 FISMA audit testing, we performed a vulnerability assessment on seven agencies that were included in our FY 2008-2012 FISMA reviews to determine if each agency was mitigating its vulnerabilities in a timely manner and thus improving its security posture. We compared the average number of vulnerabilities per device identified in our 2013 scans to the average number of vulnerabilities found during the previous FISMA reviews. For all seven agencies, the average number of vulnerabilities per device increased--in most cases the number doubled; and for three agencies, the number increased by more than eightfold. As a result, USDA systems have an increased risk of sensitive and PII information being lost, disclosed, altered, or destroyed. Mr. Rooney. So thank you, Mr. Chairman. Mr. Aderholt. Mr. Valadao. Mr. Valadao. Thank you, Mr. Chair. WIC You mentioned FNS's work with State agencies on fraud. I know California has had problems with their WIC oversight. The WIC moratorium in California was a product of abuse of the system, and I am very pleased with the action--or action was taken. With that being said, the moratorium was set in 2008, and little has changed since then. What steps have been taken in California to address the control of high risk vendors? Mr. Harden. I do know, and it is information that we will have to get to you later, but as part of our current review of the WIC program where we are looking at how States are containing costs or how costs for the food packages are determined, California is part of our review and it touches on some of those questions. [The information follows:] We are currently reviewing FNS' WIC program and California is one of the States included in this audit review. Our audit objectives are to evaluate the factors that contribute to the high average food costs reported for various states within the WIC program. We will also evaluate FNS oversight activities for monitoring food costs. We would be happy to brief the subcommittee once the report is ready to be issued. Mr. Valadao. One of the issues that we face, obviously in my part of the country in California, we are suffering from this water crisis and unemployment numbers are getting to pretty extreme numbers now. WIC is obviously something that is important to a lot of those people in the area, but at the same time, you have got new stores opened up with an opportunity for those people to be serviced or be able to purchase their product through stores closer to home, something more convenient for these people, and that opportunity is not being afforded them, and I think it is something that needs to be looked into, so I appreciate you looking into it and seeing what we come up with. Thank you. Mr. Aderholt. Mr. Bishop. Mr. Bishop. Thank you very much. FOREIGN AGRICULTURE SERVICE I have a question on foreign ag service. As you know, during June of 2010, the U.S. Agents of International Development transferred $86.3 million to the Department of Agriculture for capacity-building activities in Afghanistan, and the OIG just recently released an audit of the Foreign Agriculture Services' management of those funds, and the program's activities in Afghanistan, and the audit found that FAS had been aware of deficiencies in the management of the capacity-building activities over in Afghanistan for quite a while, but did not adequately implement corrective actions to strengthen the management and control of activities until 2 years after the audit--after the funds were disbursed, I should say. The audit recommended that FAS forego accepting any further USAID funds until full implementation in the form of a monitoring process and other controls were put in place. Has FAS begun to implement the recommendations as well as those of their consultants? How much--can you tell us how much has been spent in the capacity-building activities before your audit, and did you see any positive results from the money spent? And, finally, does FAS have similar capacity-building programs in other parts of the world, and if so, should we be concerned with the management of those programs as well? Mr. Harden. In terms of whether--and I may not get all the questions. If I forget one, I may ask to have it repeated. But in terms of implementing the recommendations from the consultant in response to our recommendation to get those started, we do know that those are underway. From my understanding--you know, I would have to rely on the numbers that are in the report in terms of how much money they have spent in terms of what we looked at. I do know that this was the largest amount of money in these type of funds that they had ever tried to manage, and so they recognized that as we had discussions about that, that they really were not equipped to handle it right off the bat. And as far as capacity-building of this nature in other parts of the world, I am not aware of any, but I will go back and ask. [The information follows:] The Department, under the Foreign Agricultural Service's (FAS) oversight and administration, does fund and participate in various capacity building initiatives in foreign countries, with the primary intent of building future markets for American agricultural products and secondarily increasing agricultural productivity, agricultural services, and livelihoods in these countries. These projects include activities such as developing or rebuilding local market infrastructures, rehabilitating watersheds and improving irrigation infrastructure, and providing agricultural technical assistance to local producers. However, starting in 2010 with the transfers of Section 632(a) funds from U.S. Agency for International Development and/or the U.S. Department of State, the level of funding and activities by the Department increased significantly, particularly for capacity building in Pakistan and Afghanistan. Because of this significant increase in funding level, FAS commissioned an independent study to strengthen its policies and procedures and its control structure and to ensure that it could properly administer the increased influx of funds. Also, under the increased funding provided under the Section 632(a) funds, the Department's involvement changed. As part of the U.S. Government's Agricultural Assistance Strategy for Afghanistan, the Department partnered with the Afghanistan Ministry for Agriculture, Irrigation, and Livestock (MAIL) to improve MAIL's capacity to provide agricultural services to the Afghanis. In this situation, FAS worked directly with MAIL to assist in developing a better infrastructure. Mr. Bishop. Thank you. Let me just look at the farm bill, which was really a roadmap for the management of our USDA programs for which we use. Can you tell us whether Congress addressed all of the key issues facing the Department and moving into the future? Example, the question of who is really a farmer as the farm bill terms it, who is actively engaged in farming, that is--that continues to be a somewhat vague issue and one that I think the Department is developing regulations on. In theory, these regulations will potentially address the concerns of many people who believe that farm subsidies should--that farm subsidies often, not necessarily should, wind up in the hands of the people who aren't working on the farm or who don't have an active interest in the farm. FARM BILL AND OVERSIGHT So my question is whether or not the farm bill did enough on this and other ongoing issues, and what gaps in opportunities do you see in terms of the challenges that are facing the Department in managing agriculture under the farm bill? Ms. Fong. Well, let me just generally comment that we are still in the process of going through the farm bill, trying to get a handle on what the new provisions are and what they might mean to us as we develop our priorities for next year's work. I appreciate the fact that both you and Mr. Fortenberry have raised the issue of actively engaged. I think that is a very difficult and complex issue. I know in our history at USDA IG, we have had a number of cases where we have taken successful prosecutions against people who have taken advantage of some of the different approaches to that, people who've, you know, engaged with some--created 17 or 18 straw partnerships to triple or quadruple or whatever the amount of money they get under that program fraudulently. So we are aware that there are some vulnerabilities in that, and I appreciate your raising that. PROGRAM FRAUD Mr. Bishop. How does the fraud, waste, and abuse with regard to the insurance programs, the FSA programs stack up with the fraud in nutrition in terms of dollars with the nutrition programs, such as SNAP, WIC and the other nutrition programs? Ms. Ellis. I think that based on the work that we have done the past several years and with the large influx of funds in the SNAP program, we are seeing a large amount of fraud there just because it is large dollars. With regard to farm programs, I do know that we have cases across the country both in the various farm program cases as well as crop insurance. So far our work is not stacking up to the same amount as we are on SNAP. Mr. Bishop. But in terms of the percentage of fraud and the dollars in fraud, do the nutrition programs add up to more fraud or less fraud as compared to the disaster programs and the FSA programs? Ms. Ellis. It is hard for us to actually figure out what the fraud amount is. What I can go based on is the type of work that we do and where we are spending our time, and with regard to SNAP---- Mr. Bishop. You don't have any idea about the number of dollars? Ms. Ellis. No, because we don't know all of the fraud that is actually going on. There could be parts of fraud that I am just not aware of. Mr. Bishop. I mean the ones that you have investigated---- Ms. Ellis. Right. Mr. Bishop [continuing]. And that you have found? Ms. Ellis. We have--the larger amount has been in the SNAP program as opposed to the other farm programs. Mr. Bishop. And just to follow up on that, was it on the part of those administering the program, was it on the part of those who were recipients? Where do the fraud--was it the vendors? Ms. Ellis. With regard to SNAP, our responsibility is chiefly with the retailers, so our work is mainly with the retailers and that is where we are seeing the fraud. The States and the locals are responsible for dealing with the majority of the recipient fraud. Ms. Fong. Just to offer a couple of comments on the dollars. Just looking at our investigative statistics for the last 2 years or so, in the farm programs, we had about $33 million in terms of investigative recoveries for fraud, and in the crop insurance program, about $40 million. There is a huge case in North Carolina involving the tobacco farmers that accounts for much of that. So I think what we are seeing is that when we find fraud in those programs, they tend to involve multi-million dollars and many people. Mr. Bishop. In the FSA programs? Ms. Fong. FSA and RMA. Mr. Aderholt. We are going to need to move on. Mr. Yoder. Mr. Yoder. Thank you, Mr. Chairman. Inspector Fong, thank you for your testimony this morning. I appreciate having you before the committee. Certainly a lot of issues have been covered. There are probably many, many more we won't have time for this morning, as the USDA's a vast agency with a lot of responsibilities. I think a lot of our conversation this morning has been how we try to provide the services the USDA is supposed to provide for the most amount of people and the most effective and cost efficient way, which is, I think, what everybody, both parties and everyone in this town, I think, hopes occurs. WIC I would like to discuss maybe one that hasn't been brought up this morning, and this is the WIC program. And I don't know if you are familiar with the Government Accountability Office report last year about the WIC program in February of 2013, which was entitled ``Improved Oversight of Income Eligibility Determination Needed'', and it highlighted some disturbing trends that have occurred in the WIC program related to how States are implementing it in an inconsistent manner, and it talks about, in part, how over 60 percent of States use only income within the last 30 days, when the standard for WIC eligibility is annual household income. They only count a portion of the income of a household instead of the household-- income of every member of a household. Some States have increased their eligibility threshold beyond the 185 percent of the Federal poverty level and their adjunctive eligibility options that as States increase the threshold for other programs, then they become adjunctively eligible for the WIC program. The GAO study found that the FNS has never examined the reports for State and local WIC agencies' compliance with Federal regulations despite over one-third of the States having problems in this area, and that the last time the FNS provided guidance to States on the income eligibility determinations was 1999. This has led to a point where now over half of the infants in the country, born in this country start out on a Federal program. They start out on the WIC program. And so we want to ensure the dollars we spend go to the families that are most needy, and that the idea that the majority of the country would be on these programs from birth because of ineffective implementation from States is very concerning to, I think, all of us on the committee. And I guess, are you familiar with this report, and what sort of inspection have you looked into as to how the FNS could resolve these concerns that were, I think, disturbingly brought up in the GAO report? Mr. Harden. I guess just as a way to start, being as GAO was already looking at that, we did not do work on income eligibility just so that we weren't duplicating efforts, but yes, we were aware of what they were doing. Some of the work that we reported on last year that would be a little different but is also part of the problem is how States oversee the vendors and their vendor management, because they have a new rule on that, and we noted some similar type problems where they weren't doing the monitoring that they should have been doing. And currently we have work in process to look at how States--the cost of the food baskets for the different participants, to see how some States make those dollars go further than others and if there are ways that we could have more consistencies in that from State to State. Mr. Yoder. So are you aware of FNS efforts to correct these problems that were cited in the GAO report? Mr. Harden. I would have to go back and look and see what they said they were going to do. And I don't have specific work right now to see if they are doing those, if that is what you are asking. Mr. Yoder. Right. So as far as you know, these--the States' implementation that is inconsistent in allowing these things to occur, it is continuing to this very day? Mr. Harden. We are seeing some of that in our work, that there are inconsistencies from State to State. Mr. Yoder. Well, I would actually look into that. There are many, many areas where this occurs where we have States that don't follow the guidelines, and it is not fair, and I think the folks in States that do follow the guidelines and if the policies are implemented in an inconsistent way, it doesn't get to the people that need it the most as these programs get stretched and expanded beyond our capacity to--to support them. Just maybe one general question on USDA and their size and operation. I mean, one of our hopes on this committee is that we can, you know, run a leaner operation in Washington, D.C., therefore allowing the dollars that we do spend here that are scarce, to be able to spend them to actually help folks who need them the most. What measures have you suggested or have you seen USDA can use to provide greater services to farmers and folks that they are charged with overseeing and regulating and providing services to in a more cost-effective manner using technology, or in a way that might create savings over the long-term? How can we run the USDA in a more cost-effective manner? OPERATIONAL EFFICIENCY Mr. Harden. I have to go back and pull some specific recommendations, but we have noted across the Department and in terms of talking to the program officials, the agency has, in terms of now that you are in a leaner operating environment, to really look at their operations from a risk-based approach to make sure that they are prioritizing their work and monitoring where they really need to be spending that. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Harden. The analogy I use with them is, in the past, if you had a priority to look at 10 things, and you can't look at all 10 things anymore, you can only look at five, tell me what those five are and how you got to those decisions so we can either agree or disagree as to how you got there. And there is a variety of work that we have done, and I have to go back and pull specifics where we talked to them about their use of computer information systems in rural development as well as some of the farm programs to better use that information or have the information to do it on a leaner staff. Mr. Yoder. And the reason I really go to this point--I think this was brought up by one of my colleagues as well, is that you have, you know, we have fewer farmers today than we had years ago, and is the USDA, are their operations consistent with the dollars per farmer ratio? How are we responding to the changing agricultural world? Ms. Fong. I think one of the things that we have been seeing in our reviews across the board is, as you mentioned, it is important that the States implement effectively and consistently all the programs that they have. It is also important that USDA program managers and agency officials communicate effectively with their State and regional structures, the Federal structures. As the programs decentralize and more staff is put into the field and the responsibilities devolve into the field, it is critical that the field employees really understand the programs, the requirements of the programs as they administer them, with respect to individual farmers, conservationists and ranchers. We are seeing that with the departure of institutional knowledge and less staff and perhaps less training, there needs to be increased focus on that, on the part of the USDA officials at the management level. Mr. Yoder. All right. Thank you for your response. Thank you, Mr. Chairman. Mr. Aderholt. Inspector General, when I started out the questioning, we talked about the challenges and the Department knew enough to address some of the issues and successes that we see. Let me pose one question to you just summing that up. DEPARTMENTAL PRIORITIES If you were the Secretary, what would you focus your efforts on in that regard as far as trying to make sure that the issues that are before you that you see that need to be dealt with from your chair as Inspector General and you were advising the Secretary, or if you were to change positions to be the Secretary, what would be the effort that you would focus on? Ms. Fong. I think it all goes back to the very basic issue of leading and managing the Department with a diverse portfolio. You have to set a very strong tone, which I believe the Secretary does, that management is important. It is important in delivering our programs that we deliver them effectively to the right people and that we avoid situations where fraud or improper payments could occur. And that message needs to then permeate the organization. It is a huge organization. I think each agency has its challenges in terms of workforce and resources and training and priorities, but I do believe that this Secretary and Deputy Secretary have set that tone and are willing to be very supportive of the message that we bring forward as the Inspector General's office. When we find situations that require attention, we find that the Department does respond very positively to that. Mr. Aderholt. The USDA is making improvements but still has problems with accurate reporting of improper payments as we have discussed. In your testimony, you note that USDA has taken more effective measures, or if they had taken more effective measures to avoid noncompliance, it could avoid $74 million in improper payments. What could USDA have done to save that $74 million? IMPROPER PAYMENTS Ms. Fong. I think that goes back to our audit report that we were discussing a few minutes earlier about whether USDA was in compliance with the Improper Payments Act; and the $74 million is our estimate of what USDA could have avoided if it had taken steps to comply with every portion of that Act. Mr. Harden. More specifically, if they had met the targets for reducing improper payments that they set for themselves, or for the six programs that that was associated with, they would have avoided $74 million in improper payments; so it is them meeting their targets. Ms. Fong. You all probably are aware that the provisions in the Improper Payments Act now require USDA to work with OMB to actively address the situations this year because it has been 2 years in a row that the Department has not met those targets. What happens next year is if the Department continues to miss its targets, the Department is then required to work with Congress to determine ways to address these issues, so there is an escalating set of requirements in the Act. SNAP FRAUD Mr. Aderholt. Your report on SNAP retailers raise concerns about the Food and Nutrition Services ability to effectively carry out oversight and enforcement activities related to fraud, and we have talked quite a bit this morning about the SNAP issues; but the subcommittee has repeatedly directed USDA to permanently disbar retailers that are found guilty of fraud, yet the report found that some retailers were still participating in the SNAP program after being permanently disqualified. What more does the Food and Nutrition Services need to do to ensure fraudulent retailers are permanently removed from SNAP? Mr. Harden. That is where we made recommendations where we felt that legislative changes were needed, and we are currently working with FNS to get agreement on those. Their most current statements to us is that there were changes in the farm bill that may address some of the issues that we had. We are waiting for them to show us those things to see if whatever the provisions were would address the problem. If not, we will continue to work with the Department to make that a proposal, because that is something we feel that should be done. Mr. Aderholt. Thank you. Mr. Farr. Mr. Farr. Thank you, Mr. Chairman. I want to invite you out to my district. It is a different perspective on agriculture than I think your State. I represent one county, Monterey County, that the gross sales of--there is over 100 crops grown in the county, and the gross sales exceed that of 25 States in the United States of their total agricultural sales. And it doesn't have any subsidies at all. No water subsidies, no power subsidies, no conservation subsidies, no price support. We don't grow the commodity programs, but we do rely on, you know, people eating nutritious food because that is what we grow, the salad mix of the world. And we have a lot of poor people harvesting those crops, and they do rely on the WIC program and the SNAP program, and I think it is right that we look at particularly the retailers that are defrauding. Individuals, I think that amount of money to try to collect from a poor person because they bought the wrong thing is, we ought to put the emphasis on, as you have stated, on the retailers. FOREIGN AGRICULTURE SERVICE I want to shift, because I think one of the biggest frauds that has happened to the United States has been our expenditures on the war efforts in Iraq and Afghanistan. All we hear every day is the amount of contracts that have been let that don't--and you talk in your paper about, and I think Mr. Bishop brought it up, about capacity building. And as a returned Peace Corps volunteer, I am very interested in countries' capacity building. We just got back from Colombia, which we did a very successful thing with capacity building there. The unfortunate thing is that almost every single contract let was to an American company, so we really weren't building capacity within Colombia or Afghanistan or Iraq. We were building capacity of American contractors. Your report points out that the Department of International Development transferred $86.3 million to USDA to work on capacity building, I guess agricultural capacity building in Afghanistan; and your review found that senior managers of FAS were aware of the general control weakness before receiving the funding. Nevertheless, the FAS had not implemented performance- monitoring plans for all the projects until over 2 years after the first project began. You go on to say, without adequate management controls in place, FAS cannot effectively monitor these projects and faces difficulty in providing adequate insurance that the funds are effectively accomplishing the program goals, the program goals being capacity building. FAS has agreed to all the recommendations. So what happened? Did anything happen? You just agreed to the fact that you indicated that these things weren't in place and that there was money misspent? I don't think Congress is asking enough questions about how our money is being spent, and I think capacity building is very important, but we ended up trying to dictate what capacities they ought to build, spend our money on it, and they don't use it, like that big, huge warehouse that we built in Afghanistan, millions of dollars, that the Afghans didn't want. We found out in Iraq we built all kinds of generators for people but never taught them how to run the generators or change the oil and all that is melted down. I mean, there is tons and tons, millions and probably billions of dollars misspent. As your Council of the Inspector Generals on Integrity and Efficiency, have you collectively looked at our capacity building, so-called capacity building expenditures, in our war effort? Because you are looking agency by agency, and I wonder what the sum total of that---- Ms. Fong. Actually, USDA has a very small piece of capacity building in effect in Afghanistan. Most of the money that is going there my understanding is it is coming through State, Defense, and AID, and the Inspectors General at those agencies are working together very closely. They are on the ground in Afghanistan. The Special Inspector General for Afghanistan Reconstruction has issued a number of very hard-hitting reports showing that the funds have not been going to where they should be going. My understanding is that at USDA, this is the one piece of the funding pot that we have. We don't have any more because FAS recognizes that it needs to put into place a management system of controls before it accepts any more funds. So I think from a macro level, the IGs are in there. At USDA, it is a very small piece of our portfolio. Mr. Farr. In this case they knew before they even received the money they didn't have adequate implementation in place? Mr. Harden. Yes, and part of the reason why we couldn't get any further into that issue is there was lots of finger pointing when we started asking the questions, and the people that accepted the money and were running the programs when it started are no longer there. Mr. Farr. I know my time is expired, but I just want to have you think about this. Capacity building is our future. If we are going to get out of anything, we have got to leave the host company with its capacity to function. And it seems to me we do not review. We just sort of throw money. It is a war. We got to fight the war, and we waste so damned much money that we shouldn't be wasting. We ought to be smarter about capacity building, and we ought to have your inputs on how to do that. Mr. Aderholt. Mr. Fortenberry. Mr. Fortenberry. Give me your highest recommendations, your best recommendations, for legal changes that would save money and improve outcomes. LEGISLATIVE RECOMMENDATIONS Ms. Fong. Well, I think we talked a little bit a few minutes ago about our recommendations in the retailers, the SNAP retailer report. Other recommendations are to look at implementation of how programs are being run. I am thinking in terms primarily of the crop insurance program to make sure that the improper payments rates are being hit there and that the program is being implemented and overseen as effectively as it can be as well as the conservation programs. There have been a number of new programs enacted that we want to take a look at. We recognize that there are a number of management challenges there that need to be addressed. Mr. Fortenberry. I assume the mission of your office is twofold. One is to ensure effective implementation of the law as written by Congress, but then to turn and make suggestions about how if the general goal is such, certain programmatic changes empowered by legal considerations could be implemented to make, again, the outcome more effective. The more you can specify that, the more helpful it is. This conversation has been very good and productive and helpful, but again, bringing it down into very narrow specifics that we can include in must- pass bills. Not a lot of things get passed on a regular basis; but when we have something that can improve outcomes and save money, it is helpful, I think, to all of us, speaking on behalf of my colleagues, with limited staff and limited resources to be able to pinpoint specific things in terms of an outcome here. Again, it is not meant to put you in a political position, but consistent with the mission that is already laid out in law, if certain changes would be made, this mission would be met better and/or savings could be achieved. Ms. Fong. In that spirit, I would draw the committee's attention to the question of overlap and duplication in programs. I think all of you know that GAO has issued a number of reports on overlap and duplication across government entities. And some of the issues that they identify were potential overlap in nutrition programs as well as potential overlap in RD and business enterprise programs. And we have issued a report, I think in the last year, making some recommendations with respect to nutrition programs and how the Department and Congress could think about those issues. We are in the process of doing a report on potential overlap and duplication in the RD business enterprise programs which I think will be issued in the next several months, so I would draw your attention to some of those reports. Mr. Fortenberry. I am familiar with the GAO's last work in this regard, and I think they are in the process of updating that now. One of the difficulties is we always want a number. Give us the number of what we can save. In those reports, the GAO is hesitant to give a number, preferring instead to talk in terms of broad ranges of a probability of tens of millions of dollars, where some people interpret this as into the billions or even hundreds of billions of dollars. So that is one of the difficult problems here, again, to narrow it down and to try to get hard numbers, so that we can prioritize what makes sense and work it through a process here which is, again, quite difficult to get consensus with. Thank you, Mr. Chairman. Mr. Aderholt. Ms. Pingree. Ms. Pingree. Thank you, Mr. Chair. Thank you for all your comments and answers here today. ACTIVELY ENGAGED RULES At the risk of duplicating, I just want to reinforce what Mr. Fortenberry talked about; Mr. Bishop talked about this, and I mentioned it in the beginning; but I do think there is particular interest in some of the things that you talked about, the actively-engaged rules. Mr. Bishop said, you know, the idea of people who receive direct payments and other subsidies that have nothing to do with or aren't really participants in farming. I know there is always a lot of political interest around SNAP and SNAP recipients and retailers and all the fraud and potential fraud in that program and how much it can add up because of the big dollars in the program; but as you mentioned earlier, sometimes in the subsidy programs when you discover that there has been a lot of people involved, $33 million, $40 million, nothing gets under people's skin like this idea that there are crop subsidies going out there that don't go to farmers they go to, you know, mainly ZIP Codes in big east coast cities. I mean, there is just a lot of interest in this, and I know you have done some work; but I just want to reinforce that this is an area, I think, of continuing concern. It came up a lot in the farm bill, and with all the changes in the farm bill I know it will take you a while to sort out how this could be looked at; but I just think it is a really critical area to be examined. The dollars are high. You mentioned that there is always a lot of exotic legal arrangements, legal maneuvers. I would say the second thing that really gets under people's skin is when they realize that a lot of lawyers figure out a lot of fancy maneuvers and then somehow the money doesn't go to the right people. Mr. Farr mentioned an issue that is a big issue in my district. I don't have a lot of subsidized crops. I don't have corn, wheat, all the big ones; but we have a lot of vegetable growers, a lot of people who are trying to expand their very small farms. And the first thing they will always say to me is how come the money always goes to all those other guys and there is so little available to us? It is a huge resource issue for USDA. Every time we manage to enhance a little bit in some of those areas, people always look at it and say, well, what about the billion, 70 times as much money goes into the commodity crops as into ``specialty crops,'' which is really the vegetables and things that people want to buy locally. They want to buy direct. There is huge consumer interest in this. I just can't say it enough. I thought that one of my issues that I was so pleased that Mr. Fortenberry brought up but I was going to say the same thing is sometimes the only way you can skirt a legal maneuver is by understanding what legal changes Congress can make that at least it will take the lawyers 3 years to figure out how to change it again. So I think that is extremely beneficial, particularly in this area, where it is not just the simple thing of, you know, SNAP fraud, somebody gives their card to somebody else. You know, it is not that easy. It is very complicated. I understand that, but sometimes that means we need real suggestions and ideas of how to get at the root of this and how to make those changes, because I think this is a big issue in how resources are divided around supporting farmers in this country and very lopsided. And as you said, when the fraud is discovered, it is usually big. It involves a lot of people, and it is often not going to the people who are literally are putting the hard work in a farm every day. So I do hope as you are looking into the next year and how your resources will be spent, that you really hear that that is bipartisan across the board, across the country, people are concerned with that issue. The only other thing I wanted to bring up, and I think you have answered a lot of questions about are there adequate resources; it seems as though given the number of things we want to know about and the challenges that are out there, there are never adequate resources, particularly in cost-cutting time, but it would be helpful just to hear a little bit more about that. WIC Oh, and the only other specific question I was going to ask you previously, you mentioned something that you were looking into in the future about WIC food costs. I didn't know exactly what you were referring to. So to the little time I have, and I know you are going to say you need more resources; so maybe you should answer the food cost thing first. Mr. Harden. On the WIC food costs, we have got an audit currently underway where we are looking at how States manage those costs and with the food packages. We have seen some States have high food costs, others have lower food costs and see if there is any efficiencies or consistencies that can go from one State to another. That is something we are working on now and expect to have out in the next several months. Ms. Pingree. Thanks. I am good. Mr. Aderholt. Mr. Bishop. PIGFORD II Mr. Bishop. Thank you very much. The OIG recently released its Pigford II audit, which was required by Congress as a part of agreeing to fund the settlement of the case against the Department. I was pleased to learn that in your opinion, the final adjudication process of Pigford claims and related administrative issues went relatively smooth outside of a handful of claims, I think about 20, which may not have been handled properly. In your audit report you said that in connection with our audit, nothing came to our attention to indicate that the administrative entities were not adequately implementing the claims process in accordance with the settlement agreement. So it would appear that USDA and the Department of Justice did a pretty good job in managing and placing the adequate controls on the final adjudication process. Would you say that that is correct? And of the 20 problems that you had, how many claims were successfully paid out appropriately? Ms. Fong. Let me just offer a couple of comments on that audit. As you point out, we are required by law to do an audit, a statistical sampling audit, of finally adjudicated claims. Because this issue has been of great interest to a lot of people, we decided to do an audit prior to final payout of claims just to make sure that the process was running correctly; and so as you pointed out, we generally found that the process that was developed was a good process to handle the adjudication. We did find some problems that we pointed out to the neutral and arbitrator, and they, to their credit, took action on those during our audit and are dealing with that. They are now in the process of getting ready to pay the claims, at which point we are now starting our statutorily- required audit of the claims that have actually been paid to make sure that the money is going to the right people who are eligible. So I just wanted to tell you that we are doing a little bit more than required by law to ensure that this whole process runs effectively. Mr. Bishop. How many total claims were there, are you paying out? Mr. Harden. Say in the neighborhood of 40,000. I would have to go back and get the specifics. Mr. Bishop. Somewhere in the neighborhood of 40,000? Mr. Harden. I think so, but I would have to go back and---- [The information follows:] With respect to the In re Black Farmers Discrimination Litigation, the Claims Administrator received approximately 40,000 claims during the entire claims process. According to the final accounting document, dated August 2013, 18,409 Track A claims were approved for awards, totaling over $1.1 billion. There were no Track B claims approved. Ms. Fong. That are going through the process. Mr. Bishop. And you picked up some possible problems with 20 of those? Ms. Fong. Well, we took a sample of 100 claims to look at, and of those 100 claims we found 35 of them had some questions. So that was a random sample. At this stage of the game we are now involved in auditing claims that have actually been paid, and we will see how that turns out. BUDGET IMPACTS Mr. Bishop. With regard to the staff reductions that you have experienced, you have gone through several staff reductions, including volunteer buyouts and early retirements. Given the impact of sequestration and the related administrative reductions in the Department spending, your staff has been hit pretty hard. What has been the impact on your ability to carry out your responsibilities, to identify and undertake new audits and investigations with which you are tasked; and are there audits which you would like to have undertaken but you were unable to undertake as a result of a lack of funding or a lack of staff? Ms. Fong. Well, as you know, we were not exempt from any of the reductions and sequestrations, and as a result of that, we have taken significant reductions to our resources, especially on our staff. We are at the lowest level of staffing that we have ever had. And because of that, we have had to really narrowly define our priorities and we have only been able to focus on the highest priority work. We are very grateful for the increase that you all are giving us in 2014. In fiscal year 2013, we had to basically eliminate training. There was a period of time where we could not do any job-related travel on our investigation side, which, as you can imagine, was very challenging because allegations of fraud come in from around the country; and if our investigators can't travel there, they can't really look into that. On the audit side, we have lost very experienced staff. We are unable to backfill there. And so we weren't able to undertake all of the audits that we would normally want to undertake. As you know, the IG function is a level of resource function. To the extent that we have resources, we can do more work, and we can bring back our return on investment, which is roughly $12 for every dollar invested, so we believe that we are a good investment for the taxpayer. Mr. Bishop. But you haven't been able to do all that you were obligated to do with the directives that you received from Congress and under the law because of limited resources? Mr. Harden. I would say on the audit side, the way we continue to prioritize our work, those mandatory items, if we have direction from Congress on like the financial statements or IT security or improper payments, those go at the top of the list. Those are the first ones that are going to be part of the plan. Then we go into what I view as our discretionary time; and that is where we really look at the risks associated with different programs of the Department. Are they a new program? Have we seen problems before? And we continuously have to prioritize that each year. As staff has gone down, then there is less to this plan; but we, you know, try to keep that on the forefront as we go. Mr. Bishop. Thank you. Mr. Aderholt. Let me follow-up with a little bit of what Mr. Bishop was talking about as far as the resources. In your testimony in the most recent semiannual report to Congress, which was released last December, you write that since fiscal year 2012, the Office of Inspector General's appropriations have fallen to the lowest level since 2008, and the staffing is at the lowest level the agency has established. Of course, Congress was able to provide full funding for your office for fiscal year 2014. Will this allow you to address the staffing needs? Ms. Fong. We are, right now, backfilling or filling critical vacancies that became vacant, and that is very important to us. We are also anticipating that we will be able to do some hiring of entry level auditors and investigators which is critical to our future success. We have not been able to hire new staff for several years because of hiring freezes and, you know, the potential for furlough, which fortunately we didn't have to do. So we are looking this year to bring back and fill some critical vacancies. We don't have a precise number yet, but we can keep your staff apprised of that. Mr. Aderholt. How will the full funding affect the priorities that you set for your audits and investigations for the remainder of the fiscal year? Mr. Harden. I guess the way I would answer that is we are implementing our plan as we put it out last October. But next week, I meet with all of my audit directors from around the country to talk about are there any mid-course corrections that we need to make? Is there anything that we thought was a priority that really wasn't the priority that it needed to be; is there something that needs to take its place? That is something we do at least twice a year to see if there is any specific changes. And then we make changes to the plan as different things come in and are brought to our attention like if there is a congressional request or something from the Secretary's office. IT SECURITY Mr. Aderholt. Inspector Fong, you talked a little bit about IT security. In fiscal year 2010, 2011 and 2012, USDA had the worst cyber security score of all the large departments. As you know, USDA's score comes from your office or the office of the chief information officer. The score board for fiscal year 2013 has not yet been released. Do you see improvements? Ms. Fong. We would characterize the Department's progress on this as slow but moving in the right direction. We have, as you all know, issued a number of very significant audits on various aspects of the IT security program at USDA. The bottom line here is that the CIO recognizes that this is a major weakness that needs to be addressed. And what we are recommending to the CIO is that they identify and focus on a priority grouping of issues to deal with and accomplish that and then go ahead and move on with identifying a second group and a third group and a fourth group, so that at least they can show measurable progress. What we have seen is that in the last year, the CIO has issued some significant policy directives in three areas in the Department to give guidance to the agencies. We think that is a very good first step. They need to keep continuing to take concrete steps and ensuring that the agencies then implement within their own jurisdictions, and that, I think, is one of the big challenges for the CIO. Mr. Aderholt. Does Congress need to consider legislative changes to help USDA address the problem? Ms. Fong. I should give some thought to that. My initial response is that there is quite a bit of guidance in law and regulation. NIST puts out all kinds of directives on how these programs need to be addressed. I don't think there is a lack of guidance and requirements. So I am not sure what additional legislative action would be appropriate. Perhaps continuous reporting might be useful. Mr. Aderholt. Mr. Farr. Mr. Farr. Thank you very much, Mr. Chairman. I know as we have this discussion, it strikes me that the IGs are sort of the fiscal grand jury of the Federal Government. You do these reviews like our civil grand juries do back in California, and they come up with recommendations for how a local government can improve itself. I just wondered if, as chair of the Council of Inspector Generals on Integrity and Efficiency, CIGIE; is that what you call it? Ms. Fong. CIGIE. Mr. Farr. How do you pronounce it? Ms. Fong. CIGIE. Mr. Farr. CIGIE. As chair of CIGIE, is there a report that CIGIE puts out every year sort of prioritizing what are the common needs of across-the-board, all 73 agencies that have IGs? Ms. Fong. Actually we do. We put out an annual report to Congress and the President. And I would be happy to provide your staff with a copy of that. Mr. Farr. Yeah, I think it would be very interesting. I think Mr. Fortenberry and Ms. Pingree, and what all of us up here have said is that we are looking for fixing things that are broken. I would hope that maybe even the Council could talk about it. Do the reports the way you are doing, but it would also be very helpful to us if you get a list of, this is the first hearing we have, so all of the Department of Agriculture is going to come in here after you, and it would really be good to set us up with, you know, things that, you know, need fixing, that we could address our approach to, address our questions to. So I think that the presentation for all IGs would be improved if we could get those kinds of questions that everybody here has been asking you; and I just take it back to the Council and see if that could be part of the presentations that you all make. I think it would put us and your IGs in general in a much better, more useful, I guess, more useful to us as lawmakers rather than just--certainly the audits are important and all of that, but the information from those audits is try to improve our law making. That is what we do, and our allocation of limited resources. Thank you, Mr. Chairman. Mr. Aderholt. Mr. Bishop. Mr. Bishop. Nothing. Mr. Aderholt. Okay. Well, thank you for your testimony here this morning, and we look forward to working with you as we go through the appropriations for fiscal year 2015; and, again, we appreciate your information and look forward to following up on some of the things you will be presenting to the subcommittee on the follow-up questions, so with this, the hearing is adjourned. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Thursday, March 6, 2014. COMMODITY FUTURES TRADING COMMISSION WITNESS HON. MARK WETJEN, ACTING CHAIRMAN, COMMODITY FUTURES TRADING COMMISSION Mr. Aderholt. Okay. The subcommittee will come to order. Chairman Wetjen, I welcome you today to the subcommittee. We apologize for a late start, but votes were called, and of course, we are not in control of the vote schedule. So thank you for bearing with us on that. Congratulations on your new job and new role as Acting Chair. I appreciate your taking the opportunity to testify. As the Acting Chairman and accommodating our short schedule this year to have this hearing in order to accommodate our regular order, we look forward to your testimony this morning and hearing from you. As we all know, the Commodity Futures Trading Commission is responsible for principle-based regulations of commodities, futures, options and swap markets in the marketplace. These markets are integral to our Nation's free enterprise system. Some would say that the CFTC is resource starved. I think we need to take a closer look at that perception. This agency has received seven consecutive annual increases in funding, an overall increase of 92 percent since the financial crisis of 2008. There are not many agencies that have enjoyed such an increase. For this reason, I am glad to see the decreased budget request of $280 million and the President's acknowledgement that this committee has been saying for a while now that the requests for the past few years were inflated and not based on real needs. One of those issues I want to be sure to address today is the absolutely unnecessary furloughs that occurred in 2013. I understand that this did not happen under your watch as the chairman, but I do want to be sure that the employees of the CFTC understand that they were victims of what some of us think were some questionable decision making. We sent out a statement on October 24th, 2013, and it was reported to the press that the CFTC had explicit legal authority to spend amounts necessary to avoid furloughs. At that time, CFTC told me that they could not use the authority. However, a short while later, in January, two days after the day of agency-wide unpaid leave, CFTC used this same authority to prevent more furloughs. CFTC's choice to not prevent all agency furloughs rests squarely on its shoulder. With regard to CFTC's fiscal year 2015 budget request, I look forward to ensuring that CFTC puts priority on resources by performing core functions properly and avoiding regulatory overreach. CFTC has finished the majority of the rulemaking under the Dodd-Frank bill without the bloated budget request over the past few years. Similarly, they should be able to implement the regulations without excessive funding increases. As I say, we look forward to working with the CFTC to find ways to streamline operations, put a priority on the resources that are there, and avoid unnecessary regulatory overreach. Before we recognize you, Mr. Chairman, for your opening statement, I would like to recognize the Ranking Member of the subcommittee, the distinguished gentleman from California, Mr. Farr. Mr. Farr. Well, thank you, Mr. Chairman. And I would like to echo your words. Congratulations and thank you for being here today. I was impressed with your testimony. What happens in this committee is it is sort of a push-pull here. Some people think that we are going to solve our problems by cutting everything, and others feel that we are going to solve our problems by adding everything. I was just interested in where the two areas, and you do not have to answer this right now because this is opening statement, but I want to address a sentence in your statement, that for the responsibility that we have given you in law that Congress has enacted, Dodd-Frank, how many cops do you need on the beat. At the same time, this issue on technology, I mean, your increase is 70 percent increase in technology, and the play between using technology so that you can have less employees, I mean, is just a smart, modern operation. But it seems to me that you cannot use technology for cops on the beat. I mean, we have not replaced in all the technology we use in law enforcement; we have not replaced literally the cop on the street. Perhaps you can share with us how that interplays and why you need to sustain the budget that the President has asked for. Mr. Aderholt. Thank you, Mr. Farr. With that, I will turn it over to you, Chairman Wetjen. Without objection, your full testimony will be included in the record. If you would like to summarize your testimony and hit the highlights and then we can proceed with the questions. Again, we know we started late. So we will try to make up some time in trying to condense some things. So, again, welcome. We look forward to your testimony. Mr. Wetjen. Thank you very much, Mr. Chairman. Good morning, Chairman Aderholt, Ranking Member Farr, and members of the subcommittee. Thank you for inviting me to the hearing today on the President's fiscal year 2015 budget request for the Commission. In both my written and delivered remarks, I attempt to provide this subcommittee useful context to the important role the Commission plays in the financial system and the economy as a whole, as well as the important role this committee plays in helping our agency achieve its mission. I also hope to provide a clear picture of the potential risks posed by the continued state of underfunding for the agency. As you know, the Commission was directed by Congress to police the derivatives markets, which includes futures, options, and swaps contracts relating to underlying commodities. These markets are critical to the efficient functioning of the global financial system and the economies it supports. Without them, a farmer cannot lock in a price for his crop. A small business cannot lock in an interest rate that would otherwise fluctuate, perhaps raising its costs. A global manufacturer cannot lock in a currency value, making it harder to plan and grow its global business. And a lender cannot manage its assets and balance sheet to ensure it can continue lending, fueling the economy and the process. The derivatives markets better enable these enterprises to do what they do best, create jobs and grow the economy. When not overseen properly, irregularities or failures of firms in these markets can severely and negatively impact the economy and cause dramatic losses for individual participants, and this is why appropriately funding the CFTC is so critical. The unfortunate reality is that at current funding levels the Commission is unable to adequately fulfill the mission Congress gave it. That mission is to prevent disruptions to market integrity and the build-up of systemic risk, as well as ensure that these markets are free of fraud and manipulation. Recent increases in the agency's funding have been essential and appreciated. They have not, however, kept pace with the growth of the commission's responsibilities, including under Dodd-Frank. Allow me to explain how the markets we oversee and the responsibilities of the Commission have grown. The notional value of derivatives centrally cleared by clearinghouses was $124 trillion in 2010 and is now $223 trillion. That is nearly a 100 percent increase. Now more than ever a clearinghouse's failure to follow international guidelines in the commission's regulations designed to ensure proper risk management could have significant economic consequences. The amount of customer funds managed by clearinghouses and futures commission merchants was $177 billion in 2010, and is now over $225 billion. The Commission's rules are designed to ensure customer funds are safely kept by these firms, and a failure to provide appropriate oversight increases the chance of risky practices, placing customer funds at risk. I must remind the committee that two such firms have failed in the last few years. The total number of registrants and registered entities overseen directly by the Commission, depending on the measure, has increased by at least 40 percent in the last four years. This includes 99 swap dealers, two major swap participants, and dozens of clearinghouses and trading venues. The CFTC also oversees more than 4,000 advisors and operators of managed funds, some of which have significant outward exposures across the financial markets. Additionally, the Commission directly or indirectly supervises approximately another 64,000 registrants. These intermediaries are by and large well run firms that perform important services for their customers. But those relying upon these firms in the American public deserve assurances that the risks the firms pose are being mitigated by an agency capable of meaningful oversight. Yet the agency's current onboard staff responsible for this mission is just 644 employees. The fiscal year 2015 request is a significant step towards the longer term funding level that is necessary to fully and responsibly fulfill the agency's core mission. It recognizes the immediate need for an appropriation of $280 million and approximately 920 staff-years, which is heavily weighted towards examinations, surveillance, and technology functions. The request balances the need for more technological tools to monitor the markets and identify risk and compliance issues with the need for expert staff to analyze the data collected through technology. In conclusion, the Commission's ability to appropriately oversee the derivatives marketplace hinges on security additional resources. Thank you for inviting me today, and I would be happy to answer any questions. Mr. Aderholt. Thank you, Mr. Chairman. As I mentioned in my opening statement, I would like to correct the misperception that CFTC has been purposely starved for resources since the financial crisis of 2008. CFTC has received a 91 percent increase in funding, practically doubling its size from 112 million to 215 million. Yet we constantly read in the press that the agency is just barely getting by, and you yourself have referred to the agency as resource constrained at different hearings. Given the substantial increase in funding and the work that CFTC has already accomplished, why CFTC needs another 30 percent increase in funding is what we would, you know, like to hear your argument on that. Mr. Wetjen. I appreciate the question, Mr. Chairman. I tried to in my previous remarks just now give a number of different measurements of both the marketplace and the entities that function in the marketplace that we oversee, and I tried to give a sense of scale and also a sense of the increase in responsibilities. And on the scale side, those two measurements of the notional value of the market plus the amount of customer funds that are supposed to be safely kept under our regulations by both clearinghouses and FCMs is a good measure. And then I think the total number of registered entities that we either directly or indirectly oversee is a rather large number. As I said, it is roughly a total of 68,000 registered entities, and that reflects an increase in one of the subcategories of about 40 percent over the last several years. So all that said, those descriptions try to give you a sense that the responsibilities have, in fact, grown. Some of that is a function of new responsibilities given in recent years, but the rest of it has to do with just regular organic growth in the marketplace and organic growth among the registered entities who are trying to serve needs for participants in these markets. Mr. Aderholt. Of course, the President did decrease the budget request this year, and what is your rationale of his decrease? Mr. Wetjen. Well, the budget request this year and in previous years when I have been involved in the process, I have always looked at each of them with the three primary focuses in mind, if you will, and I have always looked at these requests to determine are we doing enough on the three core functions of surveillance, examinations, and enforcement. And prior to my current role, I would review them with those goals in mind, to look and see are we leveraging technology sufficiently and are we including or adding enough staff to make sure we can satisfy those three key areas. I believe previous budget requests did that. I think today's budget request before you that we are here to discuss will put us in a very, very strong footing if funded at that level. I think we are going to be able to do a level job on those three key areas. The other thing I would point out is that the request this year is a little bit different because it tries to be respectful of the Congress' direction through the budget resolution, which basically called for level funding for discretionary spending as it relates to the current level of spending on the discretionary side. So in light of that it just felt sensible and the right thing to do to be a little bit more constrained or restrained in the request. Mr. Aderholt. Well, I understand that this is the first time that you have been the chairman as far as with the budget, and so you have not had as much involvement as you have now as chairman with the resources, but thank you for the response. Mr. Farr. Mr. Farr. Thank you, Mr. Chairman. You indicated in your questioning there or noted the percentage of increase in the budget, but I think it also fails to note the percentage of increase in responsibility. Can you put that into some kind of percentage terms? And I also read that you only have 40 more employees than you did 20 years ago. So lay out for me a little bit about what the magnitude of the Dodd-Frank responsibility is, and that is what this whole debate is about. We have enacted a law. It gives you lots of things to do in these categories in an area that had never been regulated before. So you are going in to do something that nobody really had a lot of experience with, rule writing, all of that stuff, with a budget that we keep whacking away at. It does not seem to me that you can do what you are mandated to do in law even with the ``ask'' the President is making. So could you put that into some context of what the increase in responsibility is? Mr. Wetjen. I appreciate the question, Congressman. Again, I mentioned several before, but we might just key in on those entities that we directly oversee at the CFTC. Those would be these intermediaries, such as futures commission merchants, managed funds, swap dealers, and major swap participants. In those four key categories alone we have seen an increase of 40 percent in the number of entities now registered with us. And of course, once an entity registers, it is subject to a host of responsibilities under our regulations that we at the agency must oversee and enforce. So I think that is a pretty instructive measurement. The other, as I said a little bit earlier, the amount of customer funds now being held by clearinghouses and futures commission merchants has increased by more than $50 billion, I think the figure was. That is additional money that belongs to customers that has to be managed well and safely kept, and in the event that some sort of failure, which is something we have seen unfortunately in the last few years, those funds can be lost or tied up in a bankruptcy proceeding or whatever else for some amount of time, and we need to do our level best to make sure that does not happen again. Mr. Farr. How short of what the President has asked for do you think the ``ask'' is? I mean, you seem from what I have read, and part of it came out of this New Republic article which was November of last year that really defends, I think, very strongly that Congress has been underfunding its responsibility for your duties. Mr. Wetjen. So, Congressman, the question is how much---- Mr. Farr. Well, I hear you have fewer people now for enforcement than you did in 2002. How can that be? Is that just because we have not put enough money into enforcement? Mr. Wetjen. Well, that is probably part of it. Some of it obviously has to do with attrition, but again, with more responsibilities at the agency, the growth within the Division of Enforcement has not been as fast as perhaps other divisions within the agency had to be in light of some of these new responsibilities. So that explains some of it, too. But, no, the request, again, before you today I think will get us to the minimum level of staff that I believe we need to, again, execute on those three core areas: examination, surveillance of the marketplace, and a good, strong credible enforcement program. Mr. Farr. My time has expired. Thank you. Mr. Aderholt. Mr. Nunnelee. Mr. Nunnelee. Thank you, Mr. Chairman. Mr. Chairman, thanks for being here. Justice Oliver Wendell Holmes one day said, ``I am not near as concerned where men stand as in what direction he is headed.'' (sic) And I like the direction you are headed. I like it when folks come here and say, ``We are going to request less money than before.'' I appreciate that attitude. But I have been around government long enough to know that when an agency comes and says, ``We are going to make do on significantly less money,'' I need to ask a couple questions. So my main question is you are not looking to supplant the decrease in funding that you are requesting by any type of increase or any new user fees, are you? Mr. Wetjen. Mr. Congressman, I appreciate the question. The President's proposal or request references user fees, and if that is something that Congress entertains, there would be a lot of issues to work through, and you know, the CFTC would want to be part of that process. My view on the matter at the moment is that, again, even in the relatively short while that I have been serving as acting chair, I have seen firsthand the types of effects it has on the agency and our ability to respond to questions, to respond to petitions from the marketplace, to try and respond to international regulators who are asking for us to enhance and improve upon or increase our coordination efforts and harmonization efforts. All those things take time and resources and people, and so the fact that we are falling a little bit short in our ability to do those types of things, it leaves me in the position where I am basically open to considering anything to make sure that we, again, have the people we need to do the job and the technology necessary to leverage that human capital. Mr. Nunnelee. We need to talk long and hard before we start talking about adding new user fees or increasing anything charged. All right. Let us move on. I understand you are involved in looking at the regulations dealing with high frequency trading. Just explain to me from a layman's point of view what you are hoping to accomplish and how you want to accomplish that. Mr. Wetjen. Well, Congressman, the main thing the agency has done is we put out for comment a concept release that asked a series of questions to the marketplace concerning how do we make sure these types of firms do not pose unacceptable risks to the marketplaces that they are operating in, and the use of algorithms and computer technology to increase the speed with which trading occurs. It creates a certain type of risk that has to be accounted for, and the exchanges and the participants themselves have a number of risk controls in place already, and so the basic thrust of the concept release was asking questions to the marketplace: are the controls in place now the sorts of controls that are bare minimum necessities to control for that risk? And then it also asks questions about what other types of controls might we consider, and so the focus is really on risk, and it is the type of risk that is posed by the fact that the trading activity happens so fast through the use of computers, and again, it creates unique sorts of risks and issues for policy that the commission needs to work through. Mr. Nunnelee. In light of the fact that you have not fully implemented all of your rulemaking required under the Dodd- Frank Act, why would you think it is necessary to move forward in new areas of regulation? Mr. Wetjen. Well, I think, again, as it relates to high frequency trading, where we are in the process is we have put out for comment this concept release, and recently the comment period was extended. I think it might be closed now. So what we will do now is we will read through what was submitted to us. I am sure there will be a number of discussions that take place, and depending again on what the input from the marketplace is or was through that process, we will have to make a judgment about what to do going forward, but I have not prejudged the concept release or the comment letters that have been filed under it. So that is where we are in the process at the moment. Mr. Nunnelee. All right. Thank you, Mr. Chair. Mr. Aderholt. Mr. Bishop. Mr. Bishop. Thank you very much, Mr. Chairman. And welcome, Mr. Wetjen. As you know, there have been several entities who have been working for some time with the CFTC on enforcement with respect to the metals market for aluminum at the London Metals Exchange. Your predecessor, Chairman Gensler, last summer indicated the CFTC has the authority to act in training manipulation related to the London Metals Exchange. Given the CFTC's role in protecting and preserving the integrity of commodity markets, are there funding or research issues that are preventing the commission from exerting its proper authority or to bring the London Metals Exchange practices in accord with global commodity exchanges where commodities are traded? Mr. Wetjen. Mr. Congressman, I thank you for the question. Whenever the agency and the staff at the CFTC hear anything from the marketplace about possible manipulative activity, we take all of it very, very seriously, and we look into it. If we are resource constrained, obviously that could have some level of impact on our ability to pursue certain sorts of conduct or activity that is revealed through some kind of an investigation that we might do at the agency. Mr. Bishop. Is that the case in all cases? Mr. Wetjen. Well, I cannot speak to any ongoing investigations specifically, but it does stand to reason, you know, the fewer resources we have, the harder it will be to pursue that in the best way possible. Mr. Bishop. You ultimately would need additional resources in order to address those concerns? Mr. Wetjen. It would definitely be helpful, yes. Mr. Bishop. Thank you for that forthright answer. As you may know, last year I shared my concern with Chairman Gensler regarding the potential international reach of the CFTC's proposed cross-border rules, particularly as they might impact Europe and Asia. Specifically there was a concern in the industry with respect to the scope of cross-border applicability, as well as the fact that both the SEC and the CFTC share some responsibility for regulating swaps. Can you give the subcommittee an update on this matter? And I am particularly interested in where you and the SEC are in terms of the rulemaking process and whether or not there is a possibility of enacting rules that would be similar, if not the same, so that the regulated parties will not have to comply with multiple rules. Also, can you update us on any discussion with your counterparts in Asia and Europe regarding this issue and any outcomes? It is our understanding that the European Union is not expected to take up any rulemakings until 2016. Just tell me whether or not that is going to create some heartburn for the U.S. because of the delay. Mr. Wetjen. Thank you, Mr. Congressman. I guess there are two points. The first is our coordination with the SEC, and then our coordination with Europe. On the former, as you likely know, the CFTC finalized its cross-border guidance last summer, and that was the result of a fairly lengthy process that included a proposal where we solicited comments from the marketplace. The final guidance was issued last summer, there was a deliberative process that led to it, and I think that we did a level job of taking into account the feedback we got through the comment process. So, again, that has been in place now for more than six months. Meanwhile the SEC continues its effort to implement a cross-border policy, and I can assure you there is a lot of discussion taking place between the two agencies. In fact, in just the last few weeks as sponsor of the Global Markets Advisory Committee at the CFTC, I hosted a meeting on the CFTC's cross-border policy, and we had staff from the SEC who were present at the meeting and presented and gave us their views on a host of different topics. So that is just one example of how the agencies continue to work fairly closely. Some of this happens outside the public eye, of course, and a lot of it happens through the staff, but there is a lot of dialogue I can assure you, especially now, as I said, given the fact that the SEC still has to do a few things by way of rulemakings to put their policy in place. Mr. Bishop. I think my time has just about expired. Thank you. Mr. Aderholt. Mr. Valadao. Mr. Valadao. Thank you, Mr. Chair. And, Chairman, Andrei Kirilenko, former CFTC Chief Economist, recipient of the CFTC Chairman's Award for Excellence in 2010, and co-authored the 2010 Flash Crash Report, has recently produced a new paper on financial regulation in his role at the Massachusetts Institute of Technology. Some recommendations he had for the financial regulators are: financial regulations should recognize the automation increasingly higher transaction speeds make it nearly impossible for humans to provide effective layers of risk management. Regulators need to change their surveillance and enforcement practices to be more cyber centric rather than human centric. My question is your budget requests only a small increase for the development, modernization and enhancement of technology. However, it requests an increase of 35 percent for new staff. Can you explain the discrepancy, given these recommendations? Mr. Wetjen. Thank you, Mr. Congressman. I go back to the three key areas of our mission that I mentioned before, and they are, again, surveillance, examinations of our registered entities, and enforcement. And in order to do a sufficient job in those three key areas, we need the additional staff request under this budget. That is not to say we do not need additional investment in technology, and I completely agree that we do. I have not read Mr. Kirilenko's paper, but I do agree with his thesis, and we have been trying to use and deploy some of the new funds set aside for technology for new initiatives. One of those new initiatives that is being considered is trying to collect and analyze order message data. That is something that some of the other commissioners at the agency have shown some interest in as well, and that is the sort of thing that I think would speak to or respond to some of the issues it sounds like raised in Mr. Kirilenko's paper. Mr. Valadao. Thank you. Mr. Aderholt. Ms. DeLauro. Ms. DeLauro. Good morning. Mr. Aderholt. Good morning. Ms. DeLauro. Thank you. I am sorry I was not here for your testimony, but I am delighted to have you as a witness this morning. I want to first say very quickly that I was stunned, but pleasantly stunned, to read your forthrightness, your honesty, and the clarity of both yourself and Commissioner Chilton about underfunding and what that means to your agency. A couple of very quick yes or no, and then I want to move on to the question. Are you a regulatory agency? Mr. Wetjen. Yes. Ms. DeLauro. Okay. And with that, simply what do you regulate? Mr. Wetjen. The derivatives markets. Ms. DeLauro. How much money is involved in that derivatives market? Mr. Wetjen. Well, the size, the notional value of the markets fluctuate, but it is anywhere between four and $500 trillion. Ms. DeLauro. Four to $500 trillion. A trillion dollars a day my colleague Mr. Farr talks. More than that. Now, I am going to get to dollars that you need and the risk to underfunding that may not come up in this round, but I will get back to that, but your testimony, CFTC has fallen far, far short ``of performance goals for its examinations activities due to a significant lack of resources.'' Now, this is a subcommittee that has recently been obsessed with reducing fraud and error rates in the SNAP Program, which has one of the lowest error rates of any Federal program at 3.4 percent. I would hope that my colleagues would be equally concerned with fraud and abuses that go unchecked in the swaps, futures, and commodity markets. I might add that as I understand it, you had 82 enforcement actions over the last three years. You brought in more than $1.7 billion in sanctions. This would seem an area where additional funding would yield additional revenue for the government. And we have provided an appropriations amount at that time of about $600 million. When you have been forced to prioritize your investigations, what has been left out? What would you be able to accomplish with a more robust funding level? Mr. Wetjen. Congresswoman, I appreciate the question and your interest in the agency. Just speaking to, again, one of those three core areas that I had mentioned, enforcement, as you alluded to in your question, we have not really grown that division much over the last number of years, and we are actually at a lower level than we were more than a few years ago. And so with fewer staff in enforcement, obviously, it stands to reason there are probably going to be fewer enforcement matters the division can bring. So we want to have a credible enforcement program, and so we want to be able to pursue any relevant type of conduct or manipulative conduct that an investigation turns up. And, again, in order to do that, in order to respond to every referral that comes in in a meaningful way, in order to respond to referrals from our Division of Market Oversight, which is the division responsible for surveillance, we have to have---- Ms. DeLauro. Would you be able to bring in more revenues? Mr. Wetjen. It is hard to predict that because it sort of depends on the nature of the case, but it would stand to reason that the more matters you bring presumably the more revenues you would bring in by way of fines, yes. Ms. DeLauro. To be repetitive, it has been three years, $1.7 billion. What a heck of a return on an investment there. I also might add that my understanding is that in 2002 you had enforcement people. The numbers were 154. In 2014, we had 149, and just very quickly, once again, the difference between what you were doing in 2002 and what you are doing in 2014, and the dollar amount that you are dealing with now as opposed to 2002. Mr. Wetjen. Yes, Congresswoman, that is right. Again, I mentioned the 40 percent increase in the number of registered entities directly overseen by the agency. I think that is a very good measure of the growth of responsibilities. I also go back to the increase in the amount of customer funds that clearinghouses and futures commission merchants have to keep safe and manage for risk. Both numbers have increased substantially and so all the more reason why we need to keep a close eye on what is happening in these markets. Ms. DeLauro. I would just conclude by saying that my own view, and I think it is evident here, is that strong funding for the CFTC reduces the deficit in many more ways than a lot of other actions that we are presuming to take on, and so that we ought to be able to provide the resources necessary for this regulatory agency to carry out its mission. Thank you, Mr. Chairman. Mr. Aderholt. Mr. Yoder. Mr. Yoder. Thank you, Mr. Chairman. Mr. Chairman, thank you for joining us today. I appreciate your testimony, and I want to compliment you on your open approach towards making sure that we have good information, good comment opportunities for folks to weigh in on some of the important decisions you are making at the CFTC. I want to echo some of the concerns that Mr. Bishop brought up regarding cross-border swaps. In fact, our committee last year passed a bipartisan amendment to support the notion that the SEC and the CFTC should coordinate on these swaps so that we have as much certainty and consistency, predictability, and openness in the process to ensure that the rulemaking is done in a way that achieves the goal, which is to protect consumers and ensure that the CFTC can do its proper oversight. I just want to note that I think the changes you brought forward as acting chair have been very positive and improved in that regard, and it has been noticed. I want to ask a little bit of a follow-up from Mr. Bishop's question, and the guidance that you put out, I guess, in November, I know you have put that on hold and are seeking further comment because of the disarray it has caused in the market. Can you give us a status report on the comments that you are seeking with respect to the November changes? Mr. Wetjen. Thank you, Mr. Congressman, and I appreciate your kind words. The advisory you mentioned from November 14th of last year was, indeed, put out for comment by the commission at the beginning of the year, and I think there is a little bit of time left in the comment period. Once the comment period closes, we need to carefully review what has been submitted and get a better sense of how exactly the marketplace thinks that we should resolve the set of circumstances addressed in the advisory, and there are a number of different ways we could do that, including sticking with the advisory, but depending, again, on what the comments that come in say, we could consider a number of different things. So I can assure you there is openness to considering any number of different ways to handle this, but I think that with respect to the guidance from the summer, the cross-border guidance from the summer, I think that people can perhaps quibble around the edges, but I think it reflects pretty sound policy and was the result of a very long, lengthy deliberation process. So I am very interested in making sure that that stays in place and people can continue working and complying with it. Mr. Yoder. What is the time line on the completion of the November guidance? Mr. Wetjen. The no action relief currently in place lasts until September. So the comment period, as I said, I believe closes in another week or so. So, again, presumably we would want to, after reviewing the comment letters, make some sort of a decision about what to do before the related no action relief expires in September. Mr. Yoder. Fair enough. We have seen a lot of news about banks' involvement in the commodities markets. I know the Federal Reserve is seeking public comment on this topic. However, the CFTC has the authority to police those markets for manipulation. Do you believe the CFTC has enough statutory authority to gather the necessary information to protect the commodities markets from fraud and manipulation? Mr. Wetjen. Yes, I believe so. There are, of course, reporting obligations over the marketplace related to derivatives. The agency also has special call authority that it can rely upon if it hears of something and it gets a referral and wants to follow up with additional information. So that is something that we have at our disposal. We, of course, can share information with other Federal agencies, and an example of this that does not necessarily relate to all of the energy markets, but at least with respect to power and electricity, we just announced the first transfer of data from the CFTC to the FERC yesterday, and that was done pursuant to a memorandum of understanding that the two agencies entered into, which we were directed to do by the Congress several years ago. So I feel reasonably confident now that we are able to get the information that we need to pursue any enforcement actions if necessary if there is manipulation taking place. Mr. Yoder. Thank you, Mr. Chairman. I yield back. Mr. Aderholt. Mr. Fortenberry. Mr. Fortenberry. Thank you. Good morning, Mr. Chairman. I am sorry I did not have the benefit of your earlier testimony so I am playing a little bit of catch-up here, but I did review some of it. Are the derivatives markets broken? Mr. Wetjen. I do not believe so, no. Mr. Fortenberry. Do they function well? Mr. Wetjen. I think they function reasonably well. There is a structural shift taking place on the swap side, as you know, given the reforms over the last several years, and there is going to be some adjustment that goes along with that, but I am not hearing or seeing anything that leads me to believe that there is brokenness in the markets, no. Mr. Fortenberry. Here is why I asked the question, and I think you are probably aware of what I am hinting at. When you have an inverse relationship of what has traditionally been between hedgers and speculators, when you have unexplained price volatility when there is not a disruption of supply, for instance, the very purpose of a derivatives market, which is to hedge risk and decrease volatility and make the market more perfect, actually may be lending itself to increased volatility and market brokenness, and that is the point of my question. The point in the example here, in 2008, the price of oil shot up to $145 a barrel. Then it rebounded, came back down. By 2011, there was a run-up of about 20 percent in the price of oil, but gasoline prices went up to their 2008 levels, again, no interruption of supply. So this unexplainable price volatility begs the question as to whether or not speculation in the market itself is undermining the very purpose of the market to decrease volatility and hedge risk. Mr. Wetjen. I appreciate the question. I think I have not studied the data closely. It probably would be confirmed in most studies that certainly there has been perhaps an increase in volatility at least during certain periods of time or the last number of years in the markets. There are a number of possible explanations for that, including the question asked earlier about the presence of high frequency trading firms. So the trading velocity and the trading volume has changed a lot, but I think the real measure of whether the markets are working or not or the best measure is: Is there sufficient liquidity for those who really need to do traditional hedging? Is there sufficient liquidity in the marketplace for them to achieve that purpose? By and large my sense is that in most cases anyway that is something that is achievable for them. Mr. Fortenberry. Well, I would not disagree with that, but at what cost given the volatility and what is causing the volatility. Is it basically underlying structures of supply and demand? Not clearly, and so the market itself maybe a factor, a significant factor in the increase of volatility, which is very disruptive to free market economies. In other words, it begs the question of as to whether or not this is functioning properly. It is a larger academic question. I recognize that and your day-to-day management of trying to ensure there is not fraud of insider trading, all the things that you do maybe do not lend itself to deeper reflection on this purpose, but I think it is important because the very reason we are talking about giving you more money is because we keep seeing problems here. We do not want any cheating. We want the free market to function properly, but at the same time if the fundamental structures are cracked betraying the very purpose of the market, I think that is something we have to look at and think through. Mr. Wetjen. Congressman, that is a very thoughtful point and question, and I agree. I think it would be worthwhile to take a step back and maybe look at the big picture and perhaps I could follow up with you after the hearing and figure out a way to do that and maybe get some additional information for you that could be useful. So I am happy to follow up with you on that. Mr. Fortenberry. I would appreciate that. Thank you, Mr. Chairman. Mr. Aderholt. You mentioned in your testimony that various statistics have been used to measure the increase of CFTC's responsibilities. One thing that is mentioned is the gross notional value of hundreds of trillions of dollars, which is several times larger than the world economy, but the Bank for International Settlements has published its data that would disagree with that. I would like to look at some other measurements. You are including one, increase in trading volume; number two, increase in customer funds; and number three, increase in registered entities under CFTC. Using your own statistics, number one, the increase in trading volume for futures is 13 percent. For swaps it is 33 percent. The increase of customer funds is 27 percent. The increase in registered entities is 40 percent. So the highest metric you have given would be 40 percent. Yet the CFTC's budget since the financial crisis of 2008 has increased 91 percent. Explain to us the request for another 30 percent increase in CFTC's budget. Mr. Wetjen. Mr. Chair, I appreciate the question. The way I approached this budget was looking at those different ways of measuring, but also looking at the mission of the agency set out under the statute. I analyzed it by focusing on the number of people we have and then making judgments about the number of people that I thought we needed to execute on those mission activities, focusing, again, on three key ones for me which are enforcement, surveillance, and examinations. And I just went through the divisions and looked to see, well, how many people do we have doing those three key things in examinations? In the Division of Clearing and Risk, it is a very small number. I think it is around 12 or 13. In the Division of Swap Dealer and Intermediary Oversight, it is slightly larger because they have more registered entities under their purview, but still a pretty small number. In fiscal year 2013, it looks like it was 48. And, again, DSIO, that division oversees tens of thousands of entities, either directly or indirectly. Most of those are indirect, but a substantial number are under the CFTC's direct oversight. So we do not need enough people to look at every single last one of those registered entities year after year, but we need enough to basically keep the entities honest and to do at least a reasonable, acceptable level spot check of those registered entities, and again, based on the number we have today, we are not able to do that. Mr. Aderholt. You mentioned the CFTC's leverages of resources of self-regulatory structure. The number of regulatory includes around 800 staff plus CFTC's 647 employees, and that would make a total of about 1,450 employees to regulate the industry. Do you think it would be more transparent to acknowledge the totality of the hard working regulatory staff rather than just CFTC's own in asking for the increase? Mr. Wetjen. Well, I think the budget request itself does, indeed, acknowledge that. There is a reference to the fact that there is a coordination and cooperation effort with the self- regulatory organizations, and so I can certainly concede that point. But the types of reviews that the SROs often do is a little bit different than the type of reviews at least focusing on examinations, the sort of examinations that the CFTC staff would be responsible for doing. The CFTC staff ultimately are the ones responsible for providing interpretations about what the regulations actually require, and they look at and do these examinations through a slightly different lens, I would suggest. It is much more risk based. It is much more policy driven, and so with that type of approach and combination with the approach taken by the SROs, I think in the cases where you have both entities involved, both the SRO and the CFTC, that is how you get the best oversight. But, again, even though that type of cooperation where we are doing it qualitatively, different type of review, and we are not doing it of all the registered entities that the SROs might have direct oversight over, we still do not have enough people to have that level of cooperation. So, again, that is why the request was made at the number it was requested at, because we need additional staff, additional FTEs focusing on that examination function, just focusing on the examination for now. That does not get into enforcement and surveillance. Mr. Aderholt. Mr. Farr. Mr. Farr. I find that people are always fighting regulation in politics at whatever level of government you are in, and yet it is the business sector that comes in and asks for regulations. They want licensing. They want standards set up. They want certainty, and certainly financing is of all of them. You know, you want some predictability that you are not going to have a disaster, that some unforeseen circumstances are going to occur because that makes it a lot more risky. There must be somebody out there in the private sector who wants you to have more staff and do a better job of providing an opportunity for transparency because this is what we are really talking about, is transparency and then where you find anomalies enforcement. Who are the people that might be interested in seeing you get a bigger budget? Mr. Wetjen. Mr. Congressman, I could identify them. I could probably give you their phone numbers, too, if you like although I will not do that here. Now, to be sure, that is, in fact, the case. We have tremendous demands placed on the agency right now, demands for clarifications, petitions for one purpose or another, including relief or including some other action expected or needed from the agency, demands for guidance, demands for interpretation. So, and I mentioned it a little bit earlier, there are a number of demands on the international front, and as we know, these are global markets, and there are other regulators and jurisdictions who have a say in the oversight of these markets, and there is a tremendous amount of dialogue that takes place between the other regulators around the globe. They have demands. We have demands of them. Let me give you an example. The European Commission right now is undertaking the number of equivalence determinations, and these are determinations about whether or not some of our rules are sufficiently similar to theirs or whether some of the entities based in the U.S. but operate over in Europe can follow CFTC regulation rather than European regulation. That includes dealers. That includes clearinghouses. And so there is a tremendous amount of work and time that gets put into having those dialogues and trying to work with these other regulators so that they come out with a good result on their own equivalency determinations. Mr. Farr. What U.S. entities or companies want better regulation? Mr. Wetjen. Well, I think my sense is that most participants in the derivatives markets think that confidence is built and there is greater credibility when there is sufficient strong oversight of the markets. When we saw the failures of the two FCMs several years back, it was kind of a jarring event, I think, for a lot of the participants in the futures market, in particular, because that was the failure of a sizable firm. A large number of customer funds were put at risk and tied up in bankruptcy, and I do not know if it was a crisis of confidence, but as I said, it had a real jarring effect. We could sense that at the agency, and it seemed very, very real to me. So those who are watching that incident very, very closely, I am sure most of them would agree that we need a properly overseen and properly regulated FCM community to make sure that people continue bringing liquidity to these markets that the FCMs intermediate in. Mr. Farr. Most of your activities you stated are in surveillance, examinations and enforcement. I think that is similar to what our intel agencies do. I am just thinking if you were an intelligence agency before a congressional community and asking for the assets to do this, I doubt that we would be criticizing you in the sense that you do not need the money or you do not need to do the work in order to have the intelligence of our markets, and in this esoteric area of future swaps and options, we need it more than ever. So I just think that this committee, we ought to think about this. This is our responsibility. Do we really want to handicap this agency at a time when we have enacted the law and told them what to do and then turning around and not allowing them to carry it out it seems to me very dangerous. Mr. Aderholt. Mr. Nunnelee. Mr. Nunnelee. Thank you, Mr. Chairman. The CFTC is involved in a rulemaking change that is going to lower the trigger for transactions from $8 billion to $3 billion. How many firms will be added at the $3 billion trigger that are not covered with the $8 billion trigger? Mr. Wetjen. Thank you, Mr. Congressman. The agency does not know the answer to that right now. The way the swap dealer rule works is that it set the threshold at $8 billion, which is to last until October of 2017, and there was a request of the chairman, Chairman Aderholt, to try and do some of this analysis sooner, which we can and will do, but we will have to analyze and try and solicit some information from the dealing community itself to get a better handle on that, and we are happy to do that. But just as far as how the rule operates, the threshold remains in place until 2017. I think originally the thinking was that once we had pretty solid reporting from the SDRs on swap data activity, that would give us an even better handle on how to determine what the level of dealing activity was among these different firms and make a judgment closer to that date, but we can do it sooner if that is the wishes of the committee. Mr. Nunnelee. Do you have a feel for a range of the number of firms that may be added by this change in comparison to the number that you are currently regulating? Is it ten percent more, 100 percent more? Mr. Wetjen. Honestly, Congressman, now we have 99 swap dealers registered, and I do not have the feel for how many more it would be. I am sure it would be some because we are aware that there are other entities that do the sort of dealing activity that would be encompassed by the swap dealer rule we put in place a couple of years ago, but I would have to get back to you on a better approximation. Mr. Nunnelee. That is one of the things we will be interested in, and then as a follow-up, we want to know, okay, how are you going to regulate an increased number of firms while you are requesting less resources. Mr. Wetjen. Well, you know, on the request, what we requested today would be, I think, a substantial increase above what we have now, but I take your point. Mr. Nunnelee. We may be following up with questions for the record on that. Thank you. Thank you, Mr. Chairman. Mr. Aderholt. Mr. Bishop. I am sorry. Mr. Bishop. Thank you very much. As you know, Dodd-Frank as a part of the CFTC's expanding enforcement obligations created an authorized Whistleblower Program, and it is my understanding that the Securities and Exchange Commission has recently received more attention for its Whistleblower Program. However, whistleblowers have been very active at the CFTC regarding a wide array of fraudulent practices from price manipulation to Ponzi schemes. In fact, the number of whistleblower claims filed with the FTC has jumped from 58 in fiscal year 2012 to 138 to fiscal year 2013. Can you update us on where the Whistleblower Program is currently with CFTC and what resources are being proposed for next year, and what are your plans for promoting its existence, including any awards program? Mr. Wetjen. Thank you, Congressman. We do, in fact, have a Whistleblower Program that is relatively new. There is a sizable budget for it. I would have to get back to you on the exact number, but as you pointed out, at the SEC we have seen the successes that can come from this program, and there are a lot of referrals that can be generated from this type of program. So, again, I think it is going to be a nice addition to the program at the CFTC to try to make sure we are responding to any manipulative or fraudulent activity in the marketplace, but I am happy to follow up with you on more specific figures. Mr. Bishop. As you know, the CFTC is included in the ag. appropriations bill because of its historical connection to the agriculture markets, but the number and the scope of non- agricultural issues has dramatically grown at the Commission in recent decades. But despite the growing importance of the non-agricultural issues, agricultural issues still remain a critical component of your work. I am concerned that given the fiscal environment in which we are operating today and the inevitable budget reductions which will occur in every agency of the Federal Government, including yours, the CFTC's management of agriculture markets could possibly get the short end of the stick. How do we make sure that agriculture does not disproportionately pay for reductions in your budget, combined with the growing pressure you are under to expand the agency's non-agricultural activities, particularly as a result of Dodd- Frank? Mr. Wetjen. Thank you, Congressman. You are right. The ag. markets, in particular, have played a special role in the history of the CFTC and also in the history of the markets. I think in a lot of ways they developed in that space and expanded from there, as you said. We are always trying to be mindful of the special needs or special issues that can materialize in the agricultural asset class, and we try to pay careful attention to that. Just to give you an example, we have a weekly surveillance meeting at the CFTC, and we are going to cover a couple of topics tomorrow that actually relate to agricultural products. So it continues to be an area of importance, and especially since the underlying commodities of these derivatives contracts are so meaningful and important to the everyday citizen. We always need to make sure we are taking care to understand exactly what is going on in those markets and watch them very carefully. Mr. Bishop. Right. Finally, let me ask you, going back to Dodd-Frank and farmers, one of the little known goals of the Dodd-Frank is the facilitation of a more transparent risk management process for farmers and ranchers. But it would appear that the resulting transparency has come at a real cost, particularly to the Nation's farmers and ranchers who utilize futures markets for hedging and are now experiencing dramatically increased risk management costs. As part of the CFTC's efforts to expand transparency, a new rule governing records of commodity interests and related cash forward transactions was issued and approved in December of 2012. Under this rule all communications leading to a futures or swap transactions are required to be recorded, including voice and text message recordings. Voice recording systems can cost upwards of $50,000, which is likely cost prohibitive for most small to midsize working farmers and ranchers. Several major farm organizations have expressed some concern regarding the rule's recording requirements and their cost effectiveness. Can you tell us the thinking behind this particular requirement, and was the CFTC aware of the cost impact that this would have on farmers and ranchers? I am always reminded of a cost-benefit analysis that I feel should always be done when regulations are put in place. Mr. Wetjen. Congressman, I appreciate the question. There was a rulemaking on Regulation 1.35, which is the voice recordkeeping requirement that you mentioned. There was a cost-benefit type analysis done under the statute with respect to that rule, as it is done with every rule. I think it is fair to say that when crafting that rule, and there was an attempt to calibrate it in a way that it was focused on the categories of market participants where you are most likely to see manipulative or fraudulent activity. I think probably, Mr. Bishop, you and I would agree farmers do not normally come to mind. But we have heard some of these concerns raised as well at the agency, and for that reason, as well as because we are hearing some concerns about some of our other rulemakings that seem to impact the end user community, just this week I announced a roundtable on end user related issues, including 1.35, including the special entity de minimis threshold for swap dealers, as well as this seven-part test for volumetric optionality, which is a long way of saying it is a test to figure out whether or not an instrument is a trade option or not. And so we are going to host a roundtable to talk through more detailed issues related to the rulemaking that you mentioned, and we will be doing that later this month, actually in early April. Mr. Bishop. Is there a likelihood that you might provide a little relief? Mr. Wetjen. Well, I think we are very much in fact finding mode. Again, if I could characterize it this way, and I am sure staff in the building at the CFTC might have more detail, but right now it is just noise, and so we need to get to the bottom of it, and that is the purpose of the roundtable. Mr. Aderholt. Mr. Yoder. Mr. Yoder. Thank you, Mr. Chairman. On the topic of transparency, you are the CFTC's rep. on the Financial Stability Oversight Council, FSOC, which was created by Dodd-Frank as one of the many regulations to create certainty and predictability in the markets and protect consumers, again. It has come under some criticism for being weak in terms of transparency, in terms of who is being regulated, why they are being regulated, how those things are arrived at. And I wonder if you can assure the committee that you will help do everything you can to increase the transparency on the FSOC so that American stakeholders, all of us, can ensure that we know what is going on and why it is happening. Mr. Wetjen. Mr. Congressman, I appreciate the question. I agree transparency is important. I will point out additionally that under Dodd-Frank there are a number of responsibilities given to the FSOC, as I am sure you are aware, including certain designations, systemic designations, of certain financial institutions, and there is a lot of sensitivity around that process for reasons I am sure you can imagine and are aware of. And so there has to be some balancing between the need for transparency, but also the need to make sure that some of the sensitive information that is discussed in the context of these FSOC meetings is kept close. But I am more than happy to continue talking with you about ways to improve transparency around FSOC where appropriate. Mr. Yoder. Well, I think anything we can do to ensure that Americans know why its government does what it does and what its rationale is and give voices to folks that do not normally have a voice in the process to ensure that when oversight is occurring, it is being done consistent with what congressional intent is, with what Americans want. I think my colleagues on both sides of the aisle would argue that we should always err on the side of transparency, absent, you know, national security questions or other things of classified nature. The idea that the deliberations of the FSOC would be less transparent or not be fully open to the public, I think, is concerning to a lot of us, and it weakens the effectiveness of those who would hope that we do a better job of oversight in the country. Finally, as you know, the CFTC's inter-affiliate rules do not just impact bank. They impact end users. They certainly have an effect on folks all across the country. As market participants work to come into compliance with new regulations, what will you do to ensure a smooth market transition? And will you work with market participants to provide relief when necessary? And, for example, the inter-affiliate exemption from clearing requirements will soon expire. How can the CFTC ensure that this does not have unintended consequences or market disruption? Mr. Wetjen. Well, you mentioned the inter-affiliate clearing exemption for clearing, and there is an actual Commission action that is outstanding that expires on March 11th, as you mentioned. The extension of that has been circulated around the commission, and that will be released today. As far as orderly transition more generally, we have had to respond at the commission in a way over the last several years to ensure that very same thing that you mentioned, and there has been no actual relief that has been issued. There has been interpretive guidance issued and the like and we will continue to do that as necessary. In fact, we had to do it recently in the run-up to the effectiveness date of our trading mandate, and so some issues were brought to the Commission's attention regarding certain types of trades that are commonplace in the market, important for participants to continue doing, but there is not a state of readiness in the infrastructure for swaps to continue trading those on a regulated sub-platform. So we had to provide relief there. So that is just another example of what we needed to do, and I hope indicates the continued openness to doing that where necessary. Mr. Yoder. I appreciate it. Thank you, Mr. Chairman. Mr. Aderholt. Ms. DeLauro. Ms. DeLauro. Thank you, Mr. Chairman. The CFTC, unlike most other financial regulators, is dependent upon an annual appropriation from the Congress, and it has no reserve fund. I am not sure everyone understands this. Quite frankly, the other four main financial regulators have in some parts some self-funding mechanisms, and CFTC does not. When the government shut down last October, the equity markets were still overseen by the Security and Exchange Commission. Federal Reserve was open for business, and yet futures and most swap markets were left with essentially no cop on the beat. What happened or, rather, what activities were halted during the government shutdown? And the second part of that is would a fee-based system outside of the appropriations process add more certainty, if not more resources, to your work? Mr. Wetjen. Thank you, Congresswoman. The time of the shutdown was unfortunate. We were only able to have essential staff at the agency during that time. Ms. DeLauro. So you had to furlough? Mr. Wetjen. I suppose it is another way of putting it, you know, and so essential staff was present. So some of the key function areas of the agency had folks devoted to that during that time, but most of the agency, you know, was not in the office during the shutdown. So it was a little bit unfortunate, too, in the sense that we are also overseeing another key implementation date at the time. It was when the self-registrations became effective. So that created a number of different issues that had to be dealt with and made it especially difficult that we had so many staff away. Certainly I would think a user fee would---- Ms. DeLauro. Let me just on the point you just made. What activities were halted during that shutdown? Mr. Wetjen. Well, I do not know. I would have to go back and get back to you, Congresswoman, because essential staff was allowed to come in, and so we probably had key people, at least the division directors, for example, there. Ms. DeLauro. I would like to, and if you can get back to me on that, I would like to know what interruptions there were in the course. You know, something had to give. Mr. Wetjen. Yes. Ms. DeLauro. Something had to give. Mr. Wetjen. There was not typical, normal operation, no. Ms. DeLauro. Okay. So please let me know what the result of that was. Mr. Wetjen. Sure. Ms. DeLauro. And I am sorry. I interrupted you on the fee. Mr. Wetjen. Yes, just on the fee, I mean, obviously that would be very, very important in terms of certainty, and it would give us a better ability I would think, too, to plan because you would be able to predict based on the calibration of the fee or however it is designed. Ms. DeLauro. As action tax, what? Mr. Wetjen. Yes, I think what the President's budget recommended was as user fee. So it is something like a transaction tax, but the details would have to be worked out later. Ms. DeLauro. Your colleague, Mr. Chilton, said at a President's request, ``This budget asks a strained and exhausted CFTC staff to do the impossible with too little. We work hard here. We have been granted needed regulatory tools to do the job. A magic wand, however, is not among those tools, and we are not magicians. The agency requires basic minimal support to accomplish our newly assigned tasks. Sadly, in this regard, the President's budget request fails.'' In your testimony you stated that the CFTC is not able to complete its mission at current funding levels. Is the President's request enough for the CFTC to complete its mission? And then I have a follow-up question. Mr. Wetjen. I believe this request will put is at a level with respect to FTEs or staff to be able to execute on those three key core areas that I mentioned, enforcement, surveillance and examinations. Obviously, with even more resources we can do even more and do an even better job, I believe, but I think at the request level we would be on the pathway towards sustainability in terms of what we need to continue executing the way that I think the American public needs us to. Ms. DeLauro. Again, according to Commissioner Chilton, your limited resources have already led to slow investigations and the prioritization of enforcement cases. What is your investigations backlog? Are cases going uninvestigated? And are we setting ourselves up for the next MF Global or worse, another Great Recession, and that is about underfunded priorities? Can you? Mr. Wetjen. Yes. On the---- Ms. DeLauro. What is the investigations backlog? Mr. Wetjen. I would have to get back with you on specifics, Congresswoman, but again, just speaking generally, the fewer resources we have means the fewer people we have, which means that there is just going to be a lessened ability to pursue referrals that come in from folks on the outside or the Whistleblower Office that Congressman Bishop mentioned or referrals that come in from our Division of Market Oversight, which surveils the markets, leverages technology to do that, but we are not going to be able to pursue all of those leads, if you will, and do the sort of investigation that we might otherwise like to do if we are constrained. Ms. DeLauro. Let me, if I can, I was just handed a piece of information, and my colleagues may be aware of this. The CFTC was unable to file charges--and that was my next question: what cases are going uninvestigated?--unable to file charges against certain individuals in the London Whale case because it did not have the funds to do that. This is from the head of Enforcement at CFTC in an interview with the Wall Street Journal last year. So I would also like to know what cases are going uninvestigated. That would, I think, bear some light for this committee to know what we are doing. I happen to believe that the budget is not enough. I heard your answer to that. Mr. Wetjen. Well, you and I agree on that. All right. Let me give you another example. There are two major cases underway right now. One is the MF Global bankruptcy proceeding as well as the MF Global enforcement actions, and to do an able job in those matters we need to have expert witnesses. That is another thing that has not been discussed, but it is critical to bringing a successful complex case, and again, if we do not have enough resources, we are not going to have the experts that our litigants need to be successful in court. Ms. DeLauro. Well, that leads me to what I had asked before about are we setting ourselves up for the next MF Global or worse, another Great Recession, as a result of shortchanging the resources to this regulatory agency which has been handed an exceptional amount of increased responsibility and with fewer funds than it needs in order to be able to carry out that mission. Could we look at another MF Global? Mr. Wetjen. It is certainly conceivable. Again, that goes back to the examinations function. To be confident that we are not going to see a situation like that again we need regular thorough examinations, not duplicative examinations, because the chairman's point is certainly right. There are other entities involved in this process, but just to do the sort of spot checking of the front line examiners, that is not being done now. It is not. And I was actually writing this in a conversation earlier this week. There was a time before, before these increased responsibilities, where you would see more of that, but again, we just do not have the staff among the examinations team to do that minimal level of examination. Ms. DeLauro. If I could just ask you to provide I would like to. Thank you, Mr. Chairman, for your indulgence. If you can, what I would like to know from you is at what level of funding are you able to carry out the regulatory function and mission that you have been tasked with. And I am not saying, you know, pie in the sky. I am asking you to let us know what this agency needs to be able to do its job and to be able to save maybe another $1.7 billion, help us to decrease the deficit, and just in terms of carrying out your operations. Thank you so much. Mr. Aderholt. Mr. Rooney. Mr. Rooney. Thank you, Mr. Chairman. Mr. Wetjen, in a Senate Banking Committee hearing last summer, former Chairman Gensler testified that the CFTC has clear authority to police the physical and derivative markets for aluminum. He also stated that the London Metals Exchange is operating under a no action letter agreement with the CFTC as a Foreign Board of Trade or FBOT. It is expected that the Foreign Board of Trade will maintain the same quality of market expected by American consumers and is typically exhibited in domestic exchanges regulated by the CFTC, such as the Chicago Mercantile Exchange and the International Commodity Exchange. Do you agree with those statements by your predecessor that the CFTC has the authority to regulate this FBOT? Mr. Wetjen. Thank you, Mr. Congressman. I will have to confirm this to be sure, but I am nearly certain that the LME has applied to become a Foreign Board of Trade. That is a relatively new rulemaking that was passed. In fact, it was one of the first rules I voted on. So it was finalized just a couple of years ago. But again, back to the overall discussion about resources at the agency, we are continuing to work through those applications, and that is another area that I have not focused on as much today during this testimony, but we also need staff to be reviewing these registration applications that are coming in from not on FBOTs, but other registration categories as well. Mr. Rooney. Okay. Well, the second part of the question is less about manpower and resources as opposed to your opinion on the matter when it comes to specifically an example. The Metro International Trade Services' waiting period for aluminum has grown from six weeks to 16 months since being purchased by Goldman Sachs. The company holds 1.5 million tons of aluminum, and this manmade backlog was created to drive up the commodity premium for profit, and it has cost American consumers, more than five billion over the last three years. Do you believe in your opinion that this type of behavior in the market violates the conditions of the no action letter that I referred to in the first question? Mr. Wetjen. Congressman, I have to get back to you because it would depend in part on the actual terms of the no action relief, but apart from that, as you alluded to in the earlier part of your question, we always have manipulation authority over the underlying commodity if it is something that is being used in interstate commerce. So we would have that authority in any event. I am not sure, and I can get back to you on this, but I am not sure exactly what the conditions and terms of the relief LME is operating under are, but again, I also think they have applied to become a Foreign Board of Trade, and there would be a number of obligations it would have to adhere to as a registered FBOT at the CFTC. But I can follow up and give you more details about how the no action relief they are under now actually operates. Mr. Rooney. Thank you, sir. Thank you, Mr. Chairman. I yield back. Mr. Aderholt. Mr. Farr. Mr. Farr. Did I hear you right that you oversee 400 trillion? Mr. Wetjen. Yes. The notional value of the swap market fluctuates globally, but the last I checked I think it is somewhere between four and $500 trillion, yes. That is the outstanding notional value. Mr. Farr. And we are arguing over a budget increase of 65 million? Ms. DeLauro. Yes. Mr. Farr. You know, I think your budget sucks, to put it in the street language. [Laughter.] And I am glad this hearing has all been recorded and taken down because if anything goes wrong, I want people to reflect back on March 6th, 2014 to the ag. appropriations hearing, just to reflect on, you know, that we asked you these questions about this responsibility. I think the Administration is underfunding you. I mean, you got 100 million less than what you asked for last year, and now you come back in and certainly needed that 100 million and are only asking for 65 million. I mean we are just sitting here trying to figure out how much 400 trillion is. Nobody in all of our bright staff back here can figure it all out. It is a lot of money, and you are not open seven days a week. So this is more than a trillion a day. Mr. Wetjen. It is a substantial marketplace, sir. There is no doubt it is huge. Mr. Farr. Well, what is the worst case scenario? What happens if you fail, if somebody gets by your surveillance, examinations or lack of enforcement? Mr. Wetjen. Well, I think maybe one way to answer it, Mr. Congressman, would be to just look back over the last six years or so, and we have seen what happens when you have major participants in the derivatives marketplace fail, and we have seen several examples of that, and it had a reverberating effect throughout the financial system. I am not suggesting that the only cause of those failures was the activities of those firms in the derivatives markets, but it gives you some sense of how bad things can get if these markets are not overseen properly. There is just no doubt. Mr. Farr. Has anybody figured out what that value is, how many trillions that is? Mr. Wetjen. I am sorry. Trillions? Mr. Farr. Of what the market, the negative, does that reach. Mr. Wetjen. I mean, what did we lose, eight million jobs, as a result of the financial crisis? Mr. Farr. Just in this country. Mr. Wetjen. Yes. Mr. Farr. I think we are getting the point across. I have been on this committee a long time, and I have to admit that not many people in Congress or this country understand what this trading commission does. You are the only one that is not self-funded, I understand. I mean, all of the others have a user fee. Mr. Wetjen. Yes. Mr. Farr. And you collected $1.7 billion in fines. Mr. Wetjen. Yes, the SEC has a bit of a hybrid system, but yes. Mr. Farr. And we cannot even give you another 65 million when you have collected a gazillion times more than you are asking for? I mean, I think I am just trying to plead with my committee members and our colleagues that this is really an important responsibility. You know, most of us here in Congress are just ordinary people, and we do not have a lot of background in financial markets and things like that, and I do not think most of us could discuss intelligently swaps and options and futures, and yet we have that responsibility in this committee. And I am just pleading with my colleagues that I do not think we want to play loosely with your budget, particularly when you are in a new realm after what we have gone through. You are the future. You know, we are supposed to fix things that are broken, and we learned that this was broken and it had a very serious, detrimental effect to the American economy, to the world economy, and now we are going to try to make sure it does not happen again. And we are--I cannot say that publicly--we are just kind of being a penny wise, pound foolish right here, and I hope that our committee will follow your request and fully fund you. Thank you, Mr. Chairman. Mr. Aderholt. Thank you. Well, thank you, Mr. Chairman, for your testimony. Of course, I think good people can disagree on exactly how the funding and dire need of resources and look at this, but we have taken your testimony into consideration, and we certainly understand that you have an important responsibility and that what you do is no small thing, and so we do understand that. We want to provide the resources that you need, but at the same time we want to make sure that we are responsible to the taxpayers and find that medium and happy balance between the two. So, again, we appreciate your work at the Commodity Futures Trading Commission, you and all of your colleagues, and so we look forward to working with you on this as we continue through the hearing process and through the fiscal year 2015. Thank you. Mr. Wetjen. Thank you very much, Mr. Chairman. Thank you. Mr. Aderholt. The subcommittee stands adjourned. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Wednesday, March 26, 2014. USDA RESEARCH, EDUCATION AND ECONOMICS WITNESSES DR. CATHERINE E. WOTEKI, UNDER SECRETARY, RESEARCH, EDUCATION AND ECONOMICS DR. CHAVONDA JACOBS-YOUNG, ADMINISTRATOR, AGRICULTURAL RESEARCH SERVICE DR. SONNY RAMASWAMY, DIRECTOR, NATIONAL INSTITUTE OF FOOD AND AGRICULTURE DR. MARY BOHMAN, ADMINISTRATOR, ECONOMIC RESEARCH SERVICE DR. CYNTHIA CLARK, ADMINISTRATOR, NATIONAL AGRICULTURAL STATISTICS SERVICE DR. DONALD K. BICE, ASSOCIATE DIRECTOR, OFFICE OF BUDGET AND PROGRAM ANALYSIS, DEPARTMENT OF AGRICULTURE Introduction of Witnesses Mr. Aderholt. Well, good morning. The subcommittee will come to order. Thank you for joining us this morning and to discuss the USDA's fiscal year 2015 budget request for its research agencies. As I have mentioned before, the subcommittee is focused on the themes of ensuring the proper use of funds through oversight, ensuring the appropriate level of regulation to protect producers and the public, and ensuring funding is targeted to vital programs. We will be reviewing the budget requests with this in mind this morning. I would like to welcome to the subcommittee Dr. Cathie Woteki, the Under Secretary for Research, Education, Economics, and chief scientist for the U.S. Department of Agriculture. Also joining today will be Dr. Cynthia Clark, Administrator of the National Agricultural Statistics Service; Dr. Mary Bohman, Administrator of the Economic Research Service; Dr. Chavonda Jacobs-Young, Administrator of the Agricultural Research Service; Dr. Sonny Ramaswamy, Director of the National Institute for Food and Agriculture; and Mr. Don Bice, Associate Director of Office of Budget and Program Analysis. Welcome, everybody. Opening Statement--Mr. Aderholt USDA is proposing a $63 million increase over the fiscal year 2014 enacted level for its research programs. It does not include the additional $227 million for research that was included in the President's Opportunity, Growth, and Security Initiative. We cannot consider the initiative because it is outside the established budget cap for fiscal year 2015. The budget request includes a significant increase of 50-- sorry, of $75 million to create three new innovation institutes. We will explore this proposal in detail as this was not part of the discussion of the 2014 farm bill. There are also many other increases, decreases, consolidations and transfers in the budget proposal. The hearing today will allow the subcommittee to thoroughly examine them and ultimately help to determine whether USDA is effectively administering its programs, its activities, and meeting its broad mandate for agricultural research consistent with congressional intent. Before I conclude, I do want to recognize Dr. Clark, who recently announced her retirement from the National Agricultural Statistics Service. Thank you for sharing your expertise and time with USDA over the years, and also with the agricultural community. I also congratulate Dr. Jacobs-Young on her new appointment as Administrator of the Agricultural Research Service. We look forward to working with you. I enjoyed our visit yesterday when you came by the office, so thank you for doing that. I also would like to thank Dr. Bohman for the timely assistance that your staff has recently provided this subcommittee on research questions. Your staff knew right where to go to find--to help us find the right answers, so thank you, Dr. Bohman, for that. And finally, thank you, Dr. Ramaswamy, for your work to ensure that the National Institute of Food and Agriculture is sharing information with Congress, particularly in those as it relates to agriculture and food research initiatives which help us to make good funding decisions. This subcommittee and all of agriculture is fortunate to have all of you that are sitting at the table this morning as experts, as professionals, as leaders in the ag community serving not only the Department of Agriculture, but also the Nation as a whole, so thank you for that. At this point, I would like to recognize our ranking member for the subcommittee, Mr. Farr of California, and see if he has some opening remarks. Opening Statement--Mr. Farr Mr. Farr. Thank you very much, Mr. Chairman, and I echo your accolades for the fine work that the committee has done. It is nice to see the diversity here of women before our committee in a Department that has been predominantly, throughout its history, a very male-oriented Department. I think this subject matter, I mean, it probably isn't controversial, so it doesn't attract a lot of people to come in, but it is--to me, our investment in research, America's investment in research, is probably the distinguishing factor of how America can stay ahead of the rest of the world in economic development. I chaired the economic development committee in the California State Legislature and had a chance meeting with all of the top industrial leaders in the State, and every one of them indicated that the one thing that the government could do that they couldn't do alone is the investment in research; also investment in education, because of all their workforce came out of education. And, frankly, it wasn't about how much taxes and regulations there were; it was about how do you also create communities of quality of life that attract an intellectual capital that they need to hire in their companies, and sort of these things that were external were beyond the companies' ability to do on their own. And David Packard was very instrumental in my life and certainly built a beautiful aquarium in Monterey, but his interest was always--even with that aquarium--was in research and in marine research and applying that research. So I find that this arm of the U.S. Department of Agriculture is key to America, and I am going to be asking some questions about why there isn't more investment, or why is there not an investment in one thing or another, or why there are cuts, because I think that if we are going to, in this competitive world--we are unique, Mr. Chairman, in that we have a lot of microclimates in this country that other countries don't have, particularly in the fresh vegetable area where you just can't grow these crops in other places of the world or even other places in the United States. You know, there is a lot of pressure on food safety, food security, inputs, pesticides, herbicides, sort of the negative things that can affect the environment and have downstream effect. So, if we are going to really find alternatives to things that we don't want to continue to use, and if we are going to find better ways of producing food in a more cost- effective way, we are going to have to really strongly support our research service, so I appreciate the committee being here today and having this discussion. Thank you. Mr. Aderholt. Thank you, Mr. Farr. And, Dr. Woteki, again, welcome to the subcommittee. We will turn to you for your opening statements. Your full statements, of course, will be included in the record, so feel free to summarize any way that you would like, and then we will proceed on with the questions. So Dr. Woteki. Opening Statement--Dr. Woteki Dr. Woteki. Well, thank you, Chairman Aderholt, and good morning to you, and to Ranking Member Farr, and to Representative Pingree. It is a real pleasure for my colleagues and me to appear before you to talk about our budget request for fiscal year 2015. And as you have noticed and noted already, we are appearing before you with a new addition as the Administrator of the Agricultural Research Service. Dr. Chavonda Jacobs-Young testifies for the first time in this capacity. And I also greatly appreciate your noting the many contributions that Dr. Clark has made. So we are looking forward, though, to finding an outstanding replacement for Dr. Clark. My colleagues and I have provided quite extensive written testimony for the record. We appreciate your putting that in, and I will summarize just at a very high level. In addition to preparing for this hearing, we have been spending a lot of time in implementing the Agricultural Act of 2014, and our budget proposal includes additional reporting information for the National Institute of Food and Agriculture, for the Agricultural Research Service, and also for the Economic Research Service, which was required by section 7513. A second report on research accomplishments, 5-year projections of our research priorities, and also examining potential areas of the duplication with the private sector and other Federal agencies is in final clearance and will be submitted to you very promptly. The President's fiscal year 2015 budget proposal and the farm bill provide for new ways of partnering with university scientists, with educators, and with the private sector. This investment in science and education is an important contributor to rural economic growth, to the creation of new industries, and also for keeping U.S. agricultural productivity high. The return on the Federal investment in agricultural research is in the range of 20 to 1, and nearly 1 in 10 jobs in the U.S., about 16 million jobs total, is in the agriculture and food-related sectors. The farm value of production is estimated to be $400 billion, and the research investment, as Congressman Farr noted, pays off in a lot of different ways, in an educated workforce, in patents and licensing agreements that lead to new agricultural products and consumer goods, and in the creation of new businesses. This past year the REE agencies accomplished a lot. ARS entered into more than 50 new Cooperative Research and Development Agreements (CRADAs) and continued working in another 250 active CRADAs, helping companies to solve problems through cooperative research. ARS annually files over 100 patent applications and averages over 400 active licensing agreements. NASS completed the Census of Agriculture that is providing important information for informed policy decisions, and also program delivery. The Economic Research Service informed public and private decisions with 268 new research publications and updates to over 70 different data products. Work supported by the National Institute on Food and Agriculture at the University of Nebraska has resulted in the reduction in irrigation water used annually by 114 billion gallons. That is enough water to supply a city the size of Tucson, Arizona, for a year. And to meet the opportunities to grow our scientific workforce, NIFA also supported the education and training of over 1,100 doctoral and post doctoral students. So, the total request for the REE agencies is $2.9 billion. The request includes $75 million to establish three new innovation institutes focused on high priorities for research. The institutes are going to be virtual organizations, meaning no buildings will be built with these funds, but they will include multiple partners from academia, from the private sector, and from Federal labs. These will be public-private partnerships with the intention of leveraging private investment into them, and NIFA will be administering them as a competitive program. The institutes are going to focus on three high-priority areas: pollination and pollinator health; combating the development of pathogens that are resistant to antibiotics; and the third one is going to focus on building a national network for bioproducts manufacturing innovation. We are also committed in the budget to helping sister agencies in furthering food safety, and there is, within NIFA, a $2.5 million request to establish a program to provide food safety training and outreach to owners and operators of small farms, food processors, and fruit and vegetable vendors that are affected by the Food Safety Modernization Act of 2011. The President's 2015 budget request, as you have indicated, also includes a separate Opportunity, Growth, and Security Initiative, and within that there is $277 million targeted investments in this mission area. The initiative includes $197 million for the Agricultural Research Service, and most of that would be dedicated to replacing the Southeast Poultry Disease Research Laboratory in Athens, Georgia, where very critical research on avian influenzas is conducted. And the initiative also includes $80 million to enhance NIFA's base formula and competitive programs at Hatch and Evans-Allen and AFRI. So, in conclusion, I believe that these initiatives that I have highlighted, as well as the high-priority budget increases and reallocations that are indicated in the agency testimony, are critical to sustaining and enhancing a well-rounded research and education portfolio. Mr. Chairman, we look forward to working with you as we continue together to support a world-class level of science and to increase the strength of U.S. agriculture. My colleagues and I are ready to answer any questions you might have. Mr. Aderholt. Okay. Thank you. Thank you, Dr. Woteki. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] RESEARCH INFORMATION SECURITY Mr. Aderholt. Let me start out, and I will ask about something that we heard earlier this year. The inspector general issued a report on the effectiveness of your agency's lockup procedure to ensure the security of sensitive information on commodities. The inspector general, from my understanding, complimented the National Agricultural Statistics Service on a swift response, but tell the subcommittee why it took an audit to bring these issues to light. Dr. Woteki. Well, Mr. Aderholt, we take our security and our lockup procedures very, very seriously, and the National Ag Statistics Service has, over the years, improved their approaches towards security. I would like to ask Dr. Clark to tell you specifically the steps that they have undertaken in response to this recent audit. Mr. Aderholt. Okay. Dr. Clark. We take our security very, very seriously, but you need to understand that we are working in an environment where technology is constantly changing, and in order to meet the release time, which is to the minute, to the second even, we need to be on top of all of our security procedures. We did have an incident several years ago where we had a switch failure, which caused an early media release and since then we have been doing a number of different things to enhance our security. We have, most recently, installed a scanning procedure for people going in to pick up iPhones, or any computers, or any other equipment. We have cameras at the entrance of our lockup procedure. We have enhanced the procedures in our area where the media is located to ensure that no release can happen except at the time when it is scheduled. The audit asks for us to have an external review on an annual basis, and we have had several reviews in the last year; and also to have an internal review committee that is periodically looking at our security procedures. So this is what we are planning to do, and we will be keeping on top of it, and we also work with other statistical agencies. In fact, our procedures are probably the most secure of all of the agencies. Mr. Aderholt. Now, I know that the inspector general's report noted that management decisions have reached--been reached some 14 of 17 recommendations? Dr. Clark. Yes. Mr. Aderholt. And what is the status of those remaining? Dr. Clark. Most of them are all in progress or--and completed. We provided dates at which they would be completed. They would all be completed by October of 2014, and they are all on the way. Mr. Aderholt. So you feel confident that the problems found by the inspector general have been addressed at this point? Dr. Clark. Yes. Mr. Aderholt. And what would be the result of a leak of this sensitive data? Dr. Clark. Well, it is market-sensitive data, and you have trading that goes on within seconds of the time of the release, and the media--we have allowed media to have access to our lockup procedure. They provide reports. We provide data that goes out exactly at the time of release. But if you have a breach of security, then it affects the markets. INNOVATION INSTITUTES Mr. Aderholt. Okay. The budget proposes $75 million in new funding to create three new innovative institutes. I understand this proposal is based on the recommendation from the President's Council of Advisors on Science and Technology. Just talk a little bit about the innovation institutes and their connection with the 2014 farm bill. That was not in the farm bill; is that correct? Dr. Woteki. That is correct. Mr. Aderholt. And---- Mr. Farr. Food Safety Modernization Act probably. Mr. Aderholt. Were they proposed by the administration, and have they been debated at Congress at all at this point? Dr. Woteki. Well, I think we are having that discussion right now as part of our budget request. The innovation institutes were recommended to the President by his Council of Advisors on Science and Technology, and they did an in-depth study of the challenges that are facing American agriculture. And we are asking the question, is our research infrastructure up to those challenges, and if not, what are the things that we need to be doing differently? And one of their recommendations was to establish what they called a new innovation infrastructure that would take us into closer working relationships with the private sector and really focusing our efforts on some of the big problems and big challenges. So the innovation institutes are essentially a reflection of that recommendation to the President. The advisors had recommended the establishment of six innovation institutes, each one to be funded at the level of $25 million a year for a period of 5 years minimum, and that these innovation institutes should be public-private partnerships so that they would be-- the research agenda would be determined in close consultation with the private-sector contributors to the innovation institutes. Mr. Aderholt. My time is up. Mr. Farr. FOOD SAFETY OUTREACH Mr. Farr. Thank you very much, Mr. Chair. I do think we also have to consider that the responsibility for this agency and our other FDA agencies are newly mandated under the Food Safety Modernization Act, and one of the questions I have is that one of the new programs that you mentioned under the extension of the food safety outreach is the Food Safety Outreach Program, which is a proposal to work with small and medium-sized farms. I mean, they think this law is a big challenge to have to meet. They don't want to be priced out of the market. And I appreciate the fact that you are going to try to reach out to them to get them on board, but why just 2\1/2\ million bucks? That is for the whole country. That doesn't look like it can reach about anybody. What do you plan to do with that? Dr. Woteki. Well, we have had ongoing discussions with the Food and Drug Administration about what is the role that our intramural programs can play in helping them establish the evidence base for their programs, and also, more recently, what is the role that the extramural programs that are administered by NIFA can play. Out of those consultations has come this proposal for $2.5 million, and I would like to ask Dr. Ramaswamy to talk with you in more detail about the content of that. Mr. Farr. Is this more to deal with the coordination of all these programs, or it really is to use the money for outreach to small farmers? Dr. Ramaswamy. So, Congressman Farr, thank you so much, and thank you so much, Mr. Chairman, for having us here this morning. And indeed, you are correct. The intent is to use these funds that we are requesting to develop educational information in the form of outreach and extension for the small producers and small processors, and we will partner with FDA very closely in working with them, and also with the other agencies within USDA and outside of USDA as well to make sure that we are getting all the information put together to create this information. Mr. Farr. Well, I am little concerned that it might be just Federal one size fits all. Remember, our States and local governments have a lot of regulation on farming practices, and California's standards are much higher than anything the Federal Government has, pesticide regulation, what you can and cannot use, setbacks. So I would hope that you might integrate these on a sort of regional basis, bringing in what the local laws also require. Dr. Ramaswamy. Indeed. So what we intend doing is to work through the Cooperative Extension Services; they are going to be very much involved in this. Mr. Farr. Okay. Dr. Ramaswamy. And so as you currently pointed out, each State is a little bit different in terms of the rules and regulations and laws that they have, and so we would be working through that network and making sure that we are developing the knowledge and creating the delivery mechanisms as well. Mr. Farr. I appreciate that. Dr. Bohman, I was very interested and intrigued but to see the following statement near the end of your testimony: Quote, ``ERS will examine the effects of FSMA across the fresh produce supply chain, including the guidance issued by FDA as it relates to the development of a risk-based food safety system.'' Can you discuss how you are going to--is this research or how are we going to measure FDA's guidance, because there are some concerns as to the practicality of them. Dr. Bohman. Well, thank you very much. As you mentioned, the Economic Research Service has a group, a team that works on food safety issues that is collaborating with our experts on horticulture markets, and we are coordinating what we are doing with the USDA food safety group and with the economists at FDA. I think our strength is that we can bring the realities of the markets and our economic expertise to these food safety issues. So we have been providing our expertise in terms of the internal rulemaking process, and we are developing research that can look at what data we would need to understand how the rules are impacting the industry, you know, what is working, what is not working, and start to build that research now as before and during the implementation of the Food Safety Modernization Act. Mr. Farr. I think it would be very important to share that lessons learned with Congress, because I am afraid that what Members will do is hear from their local growers and then come in here and try to piecemeal the amendment to the Food Safety Act, and who knows what politics will be about? So, if you are ahead of the curve, and you are telling us that we can fix these things or you can fix them administratively would really be helpful to us. Dr. Bohman. Well, thank you. That is--our plan is to make all our research results public, and we are happy to share our plans with you as they evolve. Mr. Farr. My time is up. I will have to ask next round. I want to go into the horticulture issue. Mr. Aderholt. Mr. Yoder. Mr. Yoder. Thank you, Mr. Chairman. And I appreciate all of your testimony today. Dr. Ramaswamy, it is good to see a fellow Kansan or K State---- Dr. Ramaswamy. Yes, sir. Mr. Yoder [continuing]. Background. We all had a rough weekend in St. Louis. Dr. Ramaswamy. Indeed. Indeed. Sorry about KU losing that. Mr. Yoder. Sorry about K State losing. Dr. Ramaswamy. What a bummer as well. Mr. Yoder. We thought our friends in Kentucky were our friends, but apparently they took out K State and Wichita State and---- Dr. Ramaswamy. Indeed. WHEAT AND BARLEY SCAB INITIATIVE Mr. Yoder [continuing]. So a tough weekend for all of us. But on to more important issues. Certainly as a Kansan and someone who grew up on a farm and had a great appreciation for wheat, Kansas is the greatest wheat-producing State in the country, last year I expressed some concern over the administration's proposal to eliminate the U.S. Wheat and Barley Scab Initiative Research Project that funds a substantial portion of research at K State. What does the future of this program look like? I believe there is over 5 million recommended in the--I think in the budget. What does the future look like in terms of the administration's support for this program, and what can I tell farmers back home regarding our ability to resolve some of these concerns regarding wheat and barley scab? Dr. Ramaswamy. So--go ahead. Dr. Woteki. Well, I am happy actually to report to you, Mr. Yoder, that we have been able to restore funding for the Wheat and Barley Scab Initiative back to the 2011 levels in the 2014 budget. Then there really has been some very significant progress that has been made over the last several years coming out of what has been an extended research effort. It has focused on breeding, and there has been an increase in the varieties with resistance for this particular disease in wheat, as well as one barley variety with partial resistance that was released by ARS in 2011. There is better information made available to farmers so that--coming out of the surveillance and monitoring activities, so that when they do apply fungicides, they can do it with a much better timing and help to head off an outbreak of scab. And that alert system goes directly to the farmer through an email or a text message. So, we are really pleased that with the 2014 appropriation, that we have been able to restore these funds. Mr. Yoder. Well, I think that is welcome news, and I appreciate the message that sends, I think, to Kansas wheat farmers. In terms of laboratories, what are the ARS's plans for upgrading regional small grains genotyping laboratories to next-generation genotype technology? Dr. Woteki. Let me ask Dr. Jacobs-Young if she is prepared to answer that question. Dr. Jacobs-Young. Thank you for your question, Mr. Yoder. So as you can see in the fiscal year 2015 proposal, we have $155 million requested for a facility in Athens. Along with that facility, there are many other facilities that we have listed on our Capital Investment Strategy where we need to make significant investments to modernize those facilities. We are definitely supportive of the small grains facility, and we have been working to look at ways to use creative mechanisms to invest in those facilities. I wanted to add on the wheat, we are also looking at the testing for wheat and trying to bring those up to date. We have a test that we use in the wheat quality laboratory that is 80 years old, and I think it is called the ``falling number,'' and we feel there is a better way to do that, and so we are also looking at how we can--how we can bring that into the 20th--at least 21st century. FOOD SURVEY Mr. Yoder. Well, I think certainly our efforts to modernize all this makes a big difference and, I think, speaks to how, with technology, we can create efficiencies and opportunities all across the country. I had another question regarding the National Household Food Acquisition and Purchase Survey. I noticed that that was in the proposed budget. We have had some issues with other surveys in the Federal Government being mandatory, being compulsory, and having penalties and fines. Could you explain how this survey works; and is it voluntary, mandatory; and who would be being surveyed; and how it is effectuated? Dr. Bohman. Yes. We are reporting for fiscal year 2015 that we will be publishing results from this survey---- Mr. Yoder. Okay. Dr. Bohman [continuing]. Which was conducted in 2012. And it was a voluntary survey that ERS and the Food and Nutrition Service funded and was carried out by Mathematica Policy Institute. And the goal is to provide a comprehensive overview of how people acquire food, not just what they buy in the grocery stores, what they eat out, what food may be given to them or that they acquire from a food pantry. And so we did a week-long diary with people who agreed to do this voluntarily, and we had made sure that we included a large number of low- income respondents so we can look at questions that are in the public domain about what people eat who are part of the Supplemental Nutrition Assistance Program. So we expect to have this data. It is in the final clearing stages by the end of May, and we will be publishing reports this year and into next year using that information. Mr. Yoder. Look forward to seeing the results. Thank you, Mr. Chairman. Mr. Aderholt. Ms. Pingree. PLANT BREEDING Ms. Pingree. Thank you very much, Mr. Chair. Thank you all for being here today and for all your hard work on behalf of consumers and farmers. I am going to start with a question around plant and seed breeding. So, Dr. Woteki, I think probably this is for you, but I am happy to have anyone talk about it. In the administration's fiscal year 2015 budget, the USDA proposes a new initiative on genetic improvement in translational breeding within the Agricultural Research Service. One of the target areas of funding is classical breeding, among other research areas. I have a perspective representing a lot of farmers, having a small farm myself, and like a lot of other farmers, I am personally very concerned about farmers' dwindling options for locally adapted and publicly available seed varieties and animal breeds. I think that for agriculture to be successful in the long term, particularly given current trends, our farmers need access to seeds that are adapted to their local climate, pest conditions, and growing systems. You also know that in order to be effective, the adaptation process needs to be ongoing, because climatic conditions and pest challenges are also constantly changing, and it seems like they are changing more rapidly now than they ever have before. So farmers increasingly need seeds that are bred in their local conditions and cropping systems. They need, in my opinion, seeds that are classically bred and available for public use. So just to sort of continue with this thought, there has been extensive dialogue between concerned farmers like myself and the Administration regarding the implementation of the 2008 Farm Bill directive to make conventional plant and animal breeding a priority within the Competitive Research Program. So I appreciate that the Administration recognizes that this is a concern and has put in stronger language in the Fiscal Year 2014 request for applications within the Agriculture and Food Research Initiative. So in spite of these small signs from the Administration and all the steps that you have taken over the last few years, it is clear, I think, that more needs to be done not only to ensure our Nation's future food security, but also to ensure that today's farmers, especially some of the young and beginning farmers engaging in the new opportunities out there for local and organic markets, have access to the highest- quality seeds that are bred for their types of farming conditions. We are losing the pipeline of future plant breeders who will be essential in solving the pest and disease problems that the next generation of farmers face, and, again, especially concerning some of our climatic uncertainties. So, my question. I think there are a lot of grave concerns out there from all kinds of farmers. Can you talk a little bit about the USDA's efforts to reverse the trend of declining seed varieties, and how the new ARS initiative that you are proposing will help solve some of these problems or work towards it? Dr. Woteki. Certainly. And I very much hear and understand your request. I also want to note that not only your voice, but many others have been approaching us, making this plea for a greater emphasis on classical breeding techniques. In response we have done a couple of things. We held a workshop last year. We have actually posted the results of that. It was a listening session where there was a really broad spectrum of individuals and organizations that came in and spent a day talking with us about what they viewed as being the needs across the spectrum in plant breeding. But there were a lot of voices expressing concern about the diminishing-- apparent diminishing interest on the part of our programs in classical breeding. We don't feel that that perception is necessarily correct. We feel that in our programs, both the intramural ones and the extramural ones, that we are providing opportunities for researchers to put in proposals for funding in the--if they are in the extramural community, in the universities, to be funded by the National Institute of Food and Agriculture, and that also within the ARS programs, that there is a wide variety of breeding approaches that are taken from the classical through to the latest techniques in genetic--using the new genetic technologies. So, we have established, though, as a follow-up to this listening session, a working group within the Department that is focused on plant breeding. And I have been meeting with that working group in recent weeks and have asked them to develop a roadmap on breeding approaches for us to be following. So we hear the concerns, and we have taken these very positive steps of the listening sessions, and the internal working group, and now this roadmap. And in the meantime we also share your concerns about education and training, and the translational breeding initiative in this budget request is a key step for ARS, the in-house agency. In addition, NIFA, through the capacity funding that it provides to the State agricultural experiment stations that is in turn matched by the States is enormously important for doing exactly that local adaption breeding at the land-grant university that is so important in the State for farmers within that State. So that is another mechanism that we have of supporting classical efforts that are done really to come up with that locally adapted variety. Mr. Aderholt. Okay. Mr. Rooney. Ms. Pingree. I am out of time, but I will follow up later. Thank you. CITRUS DISEASE Mr. Rooney. Thank you, Mr. Chairman. I want to thank my friend from Kansas for--I understand, before I came in, he was singing the praises of the Florida Gators, and rightfully so, so I appreciate that. It takes a big man to admit greatness. I just want to say, before I get into my questions, if I could, a couple of thank yous to the members that are sitting on this panel on behalf of the Florida citrus industry for your efforts in combating citrus greening and canker. Obviously, you all know the situation in my home State and now the situation for the rest of the country, so hopefully the efforts that you are undertaking right now will help save our industry. I am happy to support your work here in Congress. As you know, the lines of communication with my office are open, with my staff, specifically the one back here with the orange shirt on. We are always in character. So I also want to say a special thank you to Dr. Jacobs- Young for your efforts in hiring a new director in the ARS Fort Pierce lab. I have been down there numerous times, and I know how important that work is, and I really feel like, based on my visits there, that they are close to getting what they need. So this transition is important, so I appreciate all that you have done in getting the most qualified and best person to continue on, especially at this pivotal time. I would like to ask a couple of quick questions, if I could, to Dr. Ramaswamy about the Emergency Citrus Disease, Research and Extension Program. As you know, in the 2014 farm bill, the intent of the legislation is that research projects funded under this authority should be prioritized based on the critical threat of citrus greening, and to the maximum extent practical, the agencies should adhere to the recommendations of the Citrus Disease Subcommittee. And the farm bill required the establishment of the Citrus Subcommittee within 45 days. Can you let us know where we are at with that, and then once appointed, what is the timeline moving forward? Once recommendations by that committee have been provided, do you consider those proposals simultaneously, or do you wait until after the proposals have been made? Dr. Ramaswamy. Thank you very much, Congressman Rooney, and thank you for your support as well of the overall agricultural research and education enterprise as well. Very specifically, in response to your question, we are indeed in the process of soliciting nominations. So there is the Citrus Disease Subcommittee that is part of the NAREEE Advisory Board's specialty crops research--or specialty crops committee. That committee, we have already got six members that are from last year, and we are in the process of--we are seeking nominations for three more. And that request was sent out to the community at large last week, and our intent is once the nominations come in to the Secretary, that they will be vetted, and then by the 25th of April, we hope to have that. By the 1st of May we hope--our staff hopes to have a consultation with that subcommittee and get input on the priorities that are needed. And then our hope is to incorporate that and then release a request for application--as a supplement to the Specialty Crops Research Initiative request for applications that has already gone out. If so, it will come out as a supplement. If everything falls in place, we hope it happens on the 15th of May, and then beyond that, you know, it is a two-step process. We have to make sure that the work that is to be undertaken is relevant to the industry first. And then once that is done, the proposal will be recommended for a full-blown scientific merit review. That is the second step. And once that is done, the decision is going to be made to make the funding available to the individuals that are involved in research and extension. Mr. Rooney. Okay. And as you know, the Citrus Disease Research Program received $25 million in mandatory funding for Fiscal Year 2014, and this is good news. For our industry there is a considerable amount of ongoing research related to citrus greening that has been supported by this program. Can you explain how your agency can ensure that the funds are effectively spent in a relatively short period of time while avoiding duplicative research? The reason I ask this is because when I was down in the district, after we got the good news that this was all going to happen, obviously one of the biggest concerns of the growers is, you know, time is of the essence. It is good that we have got this funding, but we are kind of at the moment of truth here with regard to where we go in the future of growing oranges in Florida. So, if you could help reassure that it is going to be as quickly as possible. Dr. Ramaswamy. You have my word on it, Congressman. Mr. Rooney. Okay. Thank you very much. With that, Mr. Chairman, I yield back. Mr. Aderholt. Mr. Bishop. SOUTHEAST POULTRY RESEARCH LABORATORY Mr. Bishop. Thank you very much. Let me welcome all of our panelists this morning and thank you collectively for what you do and what your agencies do to assure that American agriculture is the highest quality, the safest, the most abundant and most economical fruit and fiber anywhere in the world, and it is because of what you do that makes us that way. I want to go back to the Southeast Poultry Research Laboratory, Ms. Jacobs--Dr. Jacobs-Young. Last year, of course, as was indicated earlier, you proposed to invest $155 million in the new Southeast Poultry Research Laboratory in Athens, which was the Department's number one priority for the agency last year. As you may know, I am the cochair of the Congressional Chicken Caucus. Georgia is the number one producer and exporter of poultry products in the Nation, and, of course, the chicken industry as a whole is an integral part of our national economy. And according to the Chicken Council and the U.S. Poultry and Egg Association, the poultry industry directly and indirectly provided over a million jobs, $47 billion in wages, and $197.5 billion in economic activity, and $17.2 billion in government revenue. The construction of the new lab is critical, because the lab provides solutions to national and international exotic, emerging, and endemic poultry disease problems that impact poultry as well as human health. This year you put the research lab into Opportunity, Growth and Security Initiative, OGS, for a total of $197 million, which included five additional projects in addition to the SEPRL. What is the current status of the Southeastern Poultry Lab, how much was obligated for the lab in the current fiscal year 2014, and can you share with us your thinking behind the OGS Initiative? And the final part of that question is in the event that Congress should not choose to fund the OGS Initiative, what will happen to the projects that were included in that OGS Initiative, particularly the research lab in Athens? Dr. Jacobs-Young. So, Congressman Bishop, thank you for that question, and you are absolutely correct. The poultry lab was our number one priority last fiscal year, and it is our number one priority this fiscal year. And we did not receive funding to begin the project, and so there was no money obligated to modernize that facility. SEPRL is 33 years old. It has been built with a technology that was very innovative at that time. It is no longer innovative. SEPRL is separated into many different buildings, so the chickens are housed in one building, and we do the laboratory work in another. And so we have duplicative systems to keep the avian influenzas, the BS3--BSL3 laboratories for its containment, so it is very important. We can do energy conservation at the least if we were to consolidate all of our efforts into one building. There is also a desire to consolidate the Avian Disease and Oncology Laboratory from Michigan into that facility, so we will fortify our work in this very important area and also build critical mass. We only need to look at the news to see how avian influenza has impacted the global economy, and our scientists have traveled to help our sister countries be able to deal with this very significant issue. If we don't have this modernized facility, and we are one of the world's largest producers of poultry, then I am--I think we lose a step in our ability to be able to respond to issues that could be significant, significant to our industry. Dr. Woteki. I might note also, Mr. Bishop, that this laboratory was indicated as being the highest priority for replacement within the ARS infrastructure. In the report that Congress requested that we develop 2 years ago assessing the research infrastructure and providing a capital investment plan for improving that infrastructure, our assessment is to maintain and improve our laboratory infrastructure within ARS, we will need approximately $150 million a year. And this particular laboratory, because it is so critical in research on preventing avian influenzas, in understanding them so that we can develop countermeasures for them, because it requires containment to both--to protect our flocks as well as the people that are working with these infectious viruses, that this--this is our highest priority. We put it in the new initiative that the President has in-- called the OGSI because the budget proposal that we brought forward is within the agreement levels, for 2014 and 2015. This high-priority additional research infrastructure and research projects are being highlighted in the budget because, with these investments, we can do more, and we can do it better, and we can do it safely within this kind of new laboratory. So the whole intent in bringing forward the OGSI is to also demonstrate that for this investment, for agriculture's future, you are going to get a return. Mr. Aderholt. Mr. Valadao. Mr. Valadao. Thank you, Mr. Chair. Doctor--and if I pronounce this incorrect, I apologize-- Woteki? Dr. Woteki. Exactly right. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH Mr. Valadao. Perfect. The farm bill created the Foundation for Food and Agriculture Research that will match private and nonprofit sectors with public funds. Have you outlined your research priorities for this project yet? Dr. Woteki. Well, we were really pleased, Congressman, that the Foundation for Food and Agriculture Research was authorized in the farm bill because it provides us with a new way of working with partners outside the Federal Government and outside the historic partnership that we have with the land- grant universities. The legislation itself has a lot of attributes that are very similar to the foundation for the National Institutes of Health, and also a foundation for the Food and Drug Administration, and a number of other similar types of foundations that have been established in recent years. So we have taken the opportunity to meet with the executive directors and the general counsels of those foundations to learn more about how they operate and also to get some advice from them about how to go about establishing this new entity. Mr. Valadao. I am sorry, the priorities, is what I was getting at. Just any idea where the research is going to be-- the money is going to be spent on what type of research? Dr. Woteki. Well, that is actually going to be coming from the external world. Mr. Valadao. Okay. Dr. Woteki. But I think the guideposts are established in the legislation saying that this is work that is supposed to complement the already funded programs that we have. You know, the ideas are going to be coming from external. They are going to be coming from companies, they are going to be coming from organizations, and they are going to be coming to the foundation and saying, we would like to partner with you and with the Federal partners in USDA in this project, and then the board of directors is going to be deciding whether they are going to take this on or not. U.S. AGRICULTURE PRODUCTIVITY Mr. Valadao. Okay. You mention in your testimony that the U.S. agriculture productivity is now growing more slowly than both China and Brazil, and that you believe it is due to the amount of money both these countries spend on research. Do you think that our overburdened regulation such as rules treating milk spills like oil spills, obviously the release of personal information of some of the farmers that happened not too long ago, or the changing of the definition of waters of the U.S. without going through Congress were also to blame? Or even things as simple as the marketplace going towards a more organic-type farm where production is obviously less per acre or per cow. Or whatever type of product. There is a difference in production, but what do you attribute this more to than anything? Dr. Woteki. Yeah. I think that the increase in agricultural productivity that I am referring to is being measured before the marketplace in which the regulation that you are referring to would be implemented. The kind of investment that is made in agricultural science is leading the farmers to new ways, new seeds, new ways of production that are increasing yield per acre, which is the way really that we are measuring that kind of agricultural productivity. RESEARCH INFORMATION Mr. Valadao. Through science, we have seen many breakthroughs in agriculture that improve crop yields, dairy productivity, and feed-to-grain ratios. An ARS initiative outlined in your budget directs 26 million to focus on crop and livestock genetic improvements. However, despite our success moving forward, many still fight the outcomes of the very research to improve feed efficiency, resist pesticides, or weed growth, to name a few. What ideas would you have to disseminate the information to the public so that the American people can continue to trust our farmers and ranchers to deliver safe and healthy product? Dr. Woteki. Well, I think everybody here with me, the administrators of our agencies, agree with the sentiment in your question that we need better science education in the U.S., and we also need a better part--a bigger part of our curriculum devoted to providing information both through school curricula and through more informal routes of education about where your food comes from. Mr. Valadao. Well, one of the things that I see, because I am a dairy farmer myself, and I do farm a little bit of row crops as well, we see a lot of product come out onto the marketplace, and we struggle to get either released or approved by whatever agency would have to do so. And then once it is approved, then you see some of the agencies even come out and not be as supportive publicly as the farmers would appreciate or ask the agencies to be so. I mean, genetics on cows, obviously that is probably an easy one because you breed just like you do any other animal; you look for superior traits in an animal, and you breed the animal alongside of that. But when it comes in to row crops, if you are looking for certain types of crops to grow that are more drought tolerant, whatever it may be, we do struggle as a farmer getting our word out, and it would be helpful, I guess, if the agencies would help a little bit with the information on how safe these products are and how the consumer shouldn't be concerned and be able to purchase the product. So thank you. Dr. Woteki. Yeah. Well, we also understand that sentiment. We had an opportunity yesterday--it was the 100th anniversary of Norman Borlaug's birth--to hold a symposium in his honor yesterday afternoon. We also participated in the ceremony with the unveiling of his statue in the Rotunda. Mr. Latham was one of the speakers at the program. But in the afternoon symposium, we had a number of students, high school students, college students, who were speaking, and they actually were addressing this question as well about how do we provide more information to the public so that there will be that level of trust in their food, and where it comes from, and in the safety of that food. Mr. Valadao. Thank you, Mr. Chairman. Dr. Woteki. And they very much were emphasizing the importance of it is for everybody who is involved in agriculture to be conveying that message. Mr. Aderholt. We need to go on with Mr. Fortenberry. FARM WORKER WAGES Mr. Fortenberry. Thank you, Mr. Chairman. Good morning, everyone. Good afternoon. I want to start right away into a question regarding what is called the adverse effect wage rate. I don't know what ``adverse effect'' means, but, nonetheless, it is adversely affectingly us in Nebraska. The adverse effect wage rate is $13.41, the highest in the country. The reason this is a difficulty--and I will give you a story. Two small farmers came to see me recently. They are specialty crop farmers, and they use the H-2A visa program for help. They are trying to do this legally, in the right way, and, yet, they are being effectively penalized by this peculiar determination by the Department that the adverse effect wage rate is $13.41. Now, right next door in Iowa it is $12.22. Next door in Minnesota it is $11.49. In Colorado, it is $10.89. In California, it is $11. That means that they cannot compete based upon an artificial statistic that is coming out of the Department in conjunction with the Department of Labor. So I want to know what is the methodology for this. I want you to know the impacts that this is having. I would like to see this reexamined as quickly as possible because this is not a matter of taking months and months to unpack something that is very deep in the Department. It is affecting farmers on the ground right now who are trying to do exactly what the Department is asking them to do by developing traditional means of production, creating local food markets, entering into a field of, again, agriculture that has diminished over the years, but now is reemerging. That is exactly what we have been trying to do in agriculture to augment the ag family. But it seems to me that we are artificially penalizing them by this very high wage rate and creating an unlevel playing field for them. I don't know. I surmise that having North Dakota at the same rate has to do with something that is related to oil field worker salaries. So that has created an artificial demand in the northern part of this, again, artificial grouping of states, an artificial demand for labor that is completely inconsistent with what the reality is on the ground in Nebraska and in the surrounding states. I mean, even in Oklahoma it is a little over $10. So I would like this addressed, please, as to what this is, how it is determined, how we fix this so that it is more fair, but quickly. Because we are undermining one of the Department's goals here by a statistic that is generated through some process that is unfamiliar to me. Dr. Woteki. Well, I had not heard about this particular statistic until very recently. It is derived from a survey that the National Agricultural Statistics Service does called the Farm Labor Survey. And Dr. Clark could give you a brief overview of the methodology. But, also, if you would like a more in-depth consultation, we would be happy to provide that. Mr. Fortenberry. Well, I would like it fixed. I mean, that is the reality. I don't think this is fair. How we are grouped all the way with, again, oil field workers in Nebraska who--why is this happening? Again, it is inconsistent with the Department's goals to promote this form of agriculture. And you are penalizing farmers, again, who are trying to do this the right way by using labor through a legal program, and I think it is fundamentally unfair. Dr. Woteki. As I said, sir, we would be happy to provide you with information about the methodology. We understand your concerns. [The information follows:] Methodology of Farm Labor Survey national agricultural statistics service (nass) The Department of Labor (DOL) is responsible for determining the adverse effect wage rates. In order to determine these rates, DOL has a reimbursable agreement with the National Agricultural Statistics Service (NASS). Under the agreement NASS collects data on the number of hired farm workers, average hours worked, and wage rates based on DOL specifications. The target population for the Farm Labor Survey includes U.S. farms with sales of $1,000 or more. The survey uses a combined sample size of about 12,000 farms. Survey data is collected for the week in which the 12th of each month occurs in January, April, July, and October. Data is collected through computer-assisted telephone interviews. Personal interviews are reserved for special classes of non-respondents, some large operators, and other special cases. Mr. Fortenberry. Okay. I am questioning the methodology. Dr. Woteki. And we'd be happy to---- Mr. Fortenberry. This is a time I have right now. Dr. Woteki. We would be happy to talk it through with you. Dr. Clark. I could give you a few details. The adverse effect wage rate is equal to the highest of three indicators: The prevailing wage rate, the minimum wage rate, and the annual weighted average hourly rate for field and livestock workers that is published by USDA. This is a Department of Labor regulation, and it is for the H-2A. NASS conducts a semiannual survey that provides data annually at the request of the Department of Labor. This is funded by the Department of Labor. And that is the survey that you are referring to. And, generally speaking, it might be the highest of those three wage rates; so, it would be used in calculating the adverse effect wage rate. Mr. Fortenberry. What is the minimum wage in California? Dr. Clark. I am not sure I could tell you that. Mr. Farr. $10. ! Mr. Fortenberry. That is about 2\1/2\ lower than where I am. So you understand the point here? Dr. Clark. Yes. Mr. Fortenberry. We have taken some sort of statistical model and applied it in realtime that is penalizing farmers who are trying to do this the right way and are acting consistently with the intentions of farm programs in the Department. But I think this has to be reviewed, again, not--with all due respect, Madam Secretary, not in my office with me, but I would like this reviewed now back in the Department to demonstrate--or at least have it reconsidered--how this is inconsistent with the reality of what wage rates are in Nebraska. Dr. Clark. We can address the survey. But, as I mentioned, it is not--it is done as a reimbursable survey at the request of the Department of Labor. So we are affected by the funding that is provided by the Department of Labor to design a survey that has the quality that you are seeking. We can have a discussion of that, but it has to be in conjunction with the Department of Labor that is funding this survey. Mr. Fortenberry. Okay. That is still not clear to me, what you just said. Is it the Department of Labor's or the Department of Agriculture's responsibility? Dr. Clark. We are collecting the data. We are doing it to the specifications that the Department of Labor is providing us and the budget they are providing us. And so, if the data is not at the---- Mr. Fortenberry. So you have the input data. You have responsibility for the input of data to determine the outcome that the Department of Labor is using in their survey--or as part of their report? Dr. Clark. We are doing the survey in conjunction with them under their specifications. Mr. Fortenberry. Okay. Fine. We have got a problem here. Okay? Who is going to help me? Dr. Woteki. Mr. Fortenberry, we will certainly look into it, and I will be reporting back to you. [The information follows:] Determining and Implementing the Adverse Effect Wage Rate national agricultural statistics service (nass) The Department of Labor (DOL) is responsible for determining the adverse effect wage rates. DOL has a reimbursable agreement with NASS to collect data for the Farm Labor Survey based on DOL specifications. DOL's current H-2A regulations state that the Adverse Effect Wage Rate (AEWR) shall be equal to the highest of the following three indicators: (1) The Prevailing Wage Rate, (2) The Minimum Wage Rate, or (3) The annual weighted average hourly wage rate for field and livestock workers (combined) for the region as published by USDA based on its quarterly Farm Labor wage survey. Mr. Fortenberry. Very quickly, please. Dr. Woteki. Very quickly. Mr. Aderholt. Mr. Farr, the Ranking Member, would like to say something. Mr. Farr. I just happened to get about 3,000 guest workers over the border for these programs and you have to really go through three departments, first of all, the Department of Labor, USDA, and State Department. You might want to bring all three of those departments into your office and see if you can clean it up. Mr. Fortenberry. Thank you. Mr. Aderholt. At this time I would like to recognize Mr. Latham. But before I do, there has been a request for him to sing the Iowa Corn Song. ANTI-MICROBIAL RESISTANCE Mr. Latham. We did that yesterday in Statuary Hall. Thank you very much, Mr. Chairman. And later in private I will be glad to do that. But welcome. And, first of all, I am very pleased in the budget that you are not taking money out of the formula funding for places like Iowa State. And I know you are cheering for the Cyclones in the tournament this week, being a former dean there. But I was very pleased, also, in your testimony you mentioned that a one-dimensional approach that targets meat is inadequate to mitigate the problem of antimicrobial resistance. It is common and popular to blame the resistance solely on livestock production, even though the issue, as we understand it today, is far more complex and nuanced. Unfortunately, some Federal agencies, such as the Centers for Disease Control and Prevention, sometimes join in that chorus, and some report on resistance threats target livestock production, but make no mention of the overprescription and misuse of antibiotics by humans. I am curious. How much do you engage with the CDC and other Federal agencies on the issue? What research is USDA conducting on the issue? What has research shown? And can you assure us, I guess, that USDA talks to other agencies to get a more balanced approach as far as what they are saying to the public? Dr. Woteki. Well, Mr. Latham, we do work very closely with the Centers for Disease Control, with the Center for Veterinary Medicine at the Food and Drug Administration and, also, with the National Institutes of Health in a three-pronged approach towards antimicrobial resistance. We have a role in surveillance and--with APHIS and ARS, both, involved in what is called the NARMS system, the National Antimicrobial Resistance Monitoring System. And it is focused on three pathogens: E. coli O157:H7, salmonella and Campylobacter. Our research programs are both conducted by ARS, and NIFA also sponsors research at universities across the country, land-grant universities like Iowa State, and that research program has two focuses. One is identifying alternatives to the use of antibiotics in livestock rearing, and, secondly, on just fundamental understanding of the ecology of pathogens in livestock-rearing operations, how these resistance genes exist in the environment and are transmitted from the environment to livestock and then through to the consumer. So that research program has that fundamental emphasis, but, also, the real practical thing of, ``What can we be doing to reduce the presence of these organisms in livestock rearing?'' And that is where the third prong comes in, and that is outreach and education. So what we find from these research programs goes through to the extension programs, goes through the veterinary medical education and animal science curricula. So it is a three- pronged approach. And we are active participants with the other Federal agencies in a task force that is focused on antimicrobial resistance. We work with them under the plan that is public, out of this task force, and updated every few years to reflect what we have learned and new directions that we are heading in. PORCINE DISEASE Mr. Latham. Do you ever--a lot of producers are obviously very concerned that the perception out there is that, by eating meat or whatever, that somehow they are losing resistance. I see I am very short on time here. I talked too much about Iowa State. But I did want to know what you are doing about the PED virus and that situation. It is a huge issue, obviously, with the devastation--death of up to 5 million pigs so far and what is going on. Dr. Woteki. Well, we share your concerns about the Porcine Epidemic Diarrhea (PED) virus. ARS has had a really active program of research. And I think Dr. Jacobs-Young could fill you on in that. Dr. Jacobs-Young. So, Congressman Latham, I am sure you are aware that there is no current effective vaccine for PED. So we are working in our animal protection work in ARS to help develop a vaccine for PED. One of the things that we have recognized is that it is transferred from fecal to oral. That is how it is transferred. So what we have learned early on is just management practices can also help mitigate some of the spread of the PED. That is washing hands, washing boots, keeping populations separated. It has the worst impact on pigs from 0 to 3 weeks old. So that is where it can be really devastating. So how can we impart some immunity in some of our older hogs. And so we are new on this activity. 2013, I believe, is when it first really reared its head. And so we are making some progress on that. And our work at the National Animal Disease Center (NADC), which I am sure you are very familiar with; over at Clay Center; and here in Beltsville, Maryland--between those three centers, we will get it figured out. Mr. Latham. Thank you very much. RESEARCH INFORMATION SECURITY Mr. Aderholt. Thank you. Interesting article in The New York Times last month about the espionage. And, of course, it reports on the growing efforts to steal feed technology by foreign nationals. Obviously hurts American producers, companies, and researchers. Dr. Woteki, I will address to you. I know the Department of Agriculture is aware of the seriousness of this problem, no doubt. Can you walk us through some of the things that the Department is doing to protect the secretive and sensitive research information. Dr. Woteki. Most certainly, Mr. Aderholt. In our research programs, there are really three--three pillars to them. And one is that, to the fullest extent we possibly can, we want to share our results. And we have this ethic of sharing the research through publication and journals and, more recently, by providing data publicly online. But the other two pillars are we also respect the privacy issues. So when we enter into research agreements with companies or when the statistical agencies obtain data from farmers, that protection of privacy is very important. And then the third pillar is the protection of intellectual property where, when we, again, enter into agreements with companies, with sharing of data, we also sign confidentiality agreements with them and we honor those confidentiality agreements. In that context, the events of intellectual property theft that you were referring to were ones that we found very deeply troubling. We have in the Agricultural Research Service undertaken a review of our procedures that we have in place to make sure that, first of all, everybody is current on their training and has a full understanding of what their roles and responsibilities are and, secondly, to do the kind of internal audit of the way that we are operating to determine, you know, if we are meeting our own standards. So Dr. Jacobs-Young is new in this job, but she is taking these aspects of protection of intellectual property very seriously. Mr. Aderholt. What protocols are in place to ensure that foreign nationals who work for the Department's research agency are not engaged in espionage? Dr. Woteki. It is very difficult to assure, as you have posed this question, that someone is not engaged in espionage. What we do do is to make sure that personnel are thoroughly vetted before they are hired into critical positions and, when they are hired, that they are properly trained and understand what our rules and requirements are. SOUTHEAST POULTRY RESEARCH LABORATORY Mr. Aderholt. Okay. Let me switch over to something Mr. Bishop had inquired about, about the President's Opportunity, Growth, and Security Initiative for the design and build of the poultry science lab in Athens. Of course, as I mentioned, while we cannot consider the request this year because it exceeds the budget cap for fiscal year 2015, the subcommittee recognizes the need to invest in infrastructure for agricultural research. What are we looking at as far as the length of time to design and build the facility? Dr. Woteki. I don't have a firm timetable immediately on hand. I am looking to Dr. Jacobs-Young. Do you know the timetable? Dr. Jacobs-Young. From design to finish, we are talking 3 to 4 years. Mr. Aderholt. Okay. Do you anticipate costs will rise and additional appropriations are going to be needed in the future? Whoever. Dr. Jacobs-Young. Cost of inflation. So the cost of inflation is the only thing that I can see from this point. As technology changes--we really can't predict where technology is going to go. But I assure you we will do our best to stay within the confines of the budget. Dr. Woteki. The one thing that we do know, sir, is that the longer that we delay in beginning this construction, the greater the cost is going to be. SPECIALTY CROPS Mr. Aderholt. Sure. What is ARS's strategy for future investments, such as what is needed for specialty crops? Dr. Woteki. With respect to infrastructure, sir? Mr. Aderholt. No. Specialty crops. Well, what is ARS's strategy for future investments when it is needed? I know Mr. Farr has noted this need for years. Dr. Woteki. Well, we have asked our external advisory committee, the NAREEE board, to do a review of our portfolio of research. One of the recommendations that the President's Council of Advisors on Science and Technology made--or one of the inferences, actually, in their report was that the balance in our research portfolio between the major crops and the specialty crops was not appropriate. So we have asked NAREEE Board to provide us with some advice, to do a really thorough review of that balance within the portfolio. We do think that the specialty crops area is one in which, if the budget situation turns around, that there is a great opportunity for increased investment that will be very beneficial for American farmers. So we are looking to come back to you in a year with a report from our advisory committee about that balance and some recommendations about future directions. Mr. Aderholt. Okay. Mr. Farr. FLORICULTURE Mr. Farr. Mr. Chairman, thank you for asking that question. I will just follow up quickly. The Secretary was in here suggesting that the unfunded balance--the unspent balance every year of the USDA ought to be rolled over into a capital outlay fund and use that fund for funding the projects that you have prioritized. I appreciate--what the committee asked them to do is to take a look at what the Defense Department does in doing their capital outlay for all the different services. They have a thing called the FYDP, which is a 5-year list, and you get on that based on, you know, priority needs. So the services--you don't end up just building all Air Force or all Army or whatever it is and they are all on merit and we never have any earmarks. And so it makes the process very fair. And that is what you have done, and I appreciate that. And now we have to find the money to pay for it. And so that is what the Secretary suggested, that we create a capital outlay fund, because Congress has a hard time appropriating that money now that we--you know, we have to rob from Peter to pay Paul and nobody wants to give it up. There are no Peters around. Nobody wants to rob from Peter anymore. Lots of Pauls, but no Peters. But, anyway, I want to ask something about the bump--well, first of all, the floriculture issue. I have a lot of flower and nursery production in my district, and I was really surprised to see that your budget cuts money from that floriculture nursery research. That is a research program that is well supported by the industry, leverages a lot of industry funds. When there were earmarks, we put them in there. Congress has supported it. I am surprised why you would cut almost three-quarters of a million dollars out of the program toward administration priorities. Why do you pick on this program? Dr. Woteki. Well, each year, Congressman, we go through a prioritizing of projects. I think we have talked in past hearings about the cycles of program reviews that we go through to identify what---- Mr. Farr. Yeah. But why this one? Do you have any specifics? Dr. Woteki. Well, these are judgments of what are lower priority programs. Sometimes those judgments are also based on an assessment of--has the research program largely met its goals. So for each cycle in our budget, you are going to see this request for appropriation going towards a higher priority and a retiring of areas that are deemed to be lower priorities. Mr. Farr. In prioritizing that, do you also look at industry match and industry involvement? Dr. Woteki. That is certainly part of the assessment. Yes. Mr. Farr. I mean, road-building projects, if you don't produce part of the money at the local level, I mean, in California, they won't even consider it. Some counties in California and cities have created a special tax for just that purpose. But you have--it's a sort of--you go to the first of the line if you are putting up money. And it seems to me that where there is enough interest in the industry to put up private capital to support balanced research, then we ought to prioritize those higher. And it seems like that's here but-- Dr. Woteki. And that is also one of the ideas behind this Foundation for Food and Agriculture research that will provide new opportunities for doing that kind of partnering, accepting funds from external organizations to complement research programs---- SUSTAINABLE AG- RES- AND EDUCATION PROGRAM Mr. Farr. I think that is a great idea, and I hope you will follow through with that. Let me ask Mr. Ramaswamy about the sustainable agriculture and research, the SARE program. You know, I think it has a proven track record to delivering farmer-ready research innovations to farmers in the field. And I am pleased that you bumped it up, but it has only got about one-third of its authorized level. Why aren't we putting more money into it? Dr. Ramaswamy. Thank you very much, Mr. Farr, for that question. And, indeed, you are right. The SARE program has done very well in supporting--or helping to develop sustainable approaches to production agriculture. And so, as we were developing the budget for 2014, we stayed within the bipartisan agreement and, looking at increasing one place, you had to come up with an offset in some other place. And so, as you might well imagine, there are a lot of programs that really need--desperately need very significant increases in funding. And so we had to, you know, juggle these numbers across all the different lines. As you know, we have about 60 different lines that we have within NIFA and we are trying to figure out how best to support all of these different programs. You know, like you, we're supportive of the SARE program as well. Mr. Farr. Well, I think it goes to the former question, too. I mean, these are all specialty crop issues, and it seems to me that so much of our research, as you have indicated, is tilted and their facilities and everything else have been about traditional--the commodity programs. And we'd like some parity here. Dr. Ramaswamy. In addition to the SARE program, of course, we have got the Specialty Crop Research Initiative, the Organic Research and Extension Initiative, and other programs that the individuals that seek support for SARE could apply to those other programs as well. So we have seen an increase in those, including the Agriculture and Food Research Initiative as well. So, hopefully, you know, we are trying to meet the needs that are out there. Obviously, as you stated in your opening statement, it is not commensurate with the needs that are out there---- Mr. Farr. I would be interested in what you just said about they can apply to the other programs. Would you give us a list of how many of those have been funded from the other programs? Dr. Ramaswamy. Yes, sir. [The information follows:] Sustainable Agriculture Research Funding National Institute of Food and Agriculture is now advancing sustainable agriculture practices as a part of many new programs that did not exist when SARE was the primary funding source for sustainable agriculture research and extension. Many of these programs were created and/or funded through the 2008 and 2014 Farm Bills. These include the Specialty Crop Research Initiative (SCRI), the Organic Agriculture Research and Extension Initiative, the Beginning Farmer and Rancher Development Program (BFRDP), the Agriculture and Food Research Initiative and the Community Food Projects Competitive Grants Program. In comparing the lists of SARE grant recipients between 2008 and 2013 with the grant recipients from these other programs, we found that eight individuals had received funding from SARE and one of these other programs. In fact, one of the recipients was Dr. Press at University of California, Santa Cruz. In general these recipients had smaller SARE grants first which were followed later with larger grants from the BFRDP or SCRI. The following is the list of grant recipients who received a grant from both SARE and one of the other programs.Leigh Adcock, Women, Food and Agriculture Network, SARE and BFRDP; Douglas Collins, Washington State University, SARE and BFRDP; Sally Miller, Ohio State University, SARE and SCRI; Michael Morris, National Center for Appropriate Technology, SARE and BFRDP; Daniel Press, University of California, SARE and BFRDP; Anusuya Rangarajan, Cornell University, SARE and BFRDP; Harald Scherm, University of Georgia, SARE and SCRI; and Glenn Teves, University of Hawaii, SARE and BFRDP. Mr. Farr. I would like to share those with my growers. Mr. Aderholt. Mr. Nunnelee. ARS LEADERSHIP Mr. Nunnelee. Thank you, Mr. Chairman. I presume I need to ask Dr. Jacobs-Young, unless somebody else could better answer the questions. The Agricultural Research Service has their five-state mid- south headquarters in Stoneville, Mississippi. Last year, the mid-south director, Dr. Ed King, retired. And I just need to know a timetable on filling that vacancy. Dr. Jacobs-Young. Thank you for that question, Congressman Nunnelee. Yes. We definitely miss Dr. Ed King. He was a historical monument in ARS. And so we miss his leadership. The timetable--we are looking at October 1st where we are going to do a little bit of reshuffling of our senior executives in ARS. And so October 1st we will have a permanent--our plans are to have a permanent senior executive in place. Currently, we have an acting area director, Dr. Dan Upchurch, who is also--you know, he is great. So he is serving in that position. And Archie Tucker, who is the number two there, has also been there for many, many years. So it is under great leadership. CHILDHOOD OBESITY Mr. Nunnelee. All right. Thank you. One other question. Last month researchers at the Centers for Disease Control and Prevention published an article that claimed that prevalence of obesity among preschoolers had fallen by 43 percent in the last decade. Since then, numerous researchers have said that the headlines were simply too good to be true. As a statistician and economist, I hope you can shed some light on the issue. Dr. Bohman. Well, thank you, Mr. Nunnelee. You are asking about one of these perennial research questions on the changes in obesity, what is causing them, what are links to government programs, such as school nutrition or the Supplemental Nutrition Assistance Program. And the Economic Research Service has active work in this area. We bring our strength in understanding consumer demand and data. And we have also found some positive results in nutrition trends. We released a study a couple of months ago that looked at changes in diet using data from the National Center for Health Statistics, the National Health and Nutrition Examination Survey (NHANES survey), over the period of the recent recession, and we find that during that period you see an improvement in diet. Some attributed this to people eating out less, where we do know that data shows us that the food consumed in restaurants is of higher fat and lower nutritional value, but, also, some evidence that people who read nutrition labels and pay attention to dietary advice have seen improvements in diet over this period. We have also looked at research on whether SNAP participants have better diets than nonparticipants. We see a mixed result, depending on whether you look at fats or which types of foods. So I think it is still an open question, but we have seen some positive results, and we see a need to continue investing in research in this area. Mr. Nunnelee. Thank you. I yield back, Mr. Chairman. Mr. Aderholt. Ms. Pingree. POLLINATOR HEALTH Ms. Pingree. Thank you very much, Mr. Chair. Again, thank you for all your input this morning. I want to talk a little bit about the pollinator research in the Fiscal Year 2015 budget. I think we have all heard a lot about the concerns in American agriculture. Obviously, there is a huge dependence on honeybees to populate the crops. Some estimates say we are losing 30 percent of our honeybee colonies every year. So, obviously, there is a lot of interest in acting on this and putting in more research on it. I signed a letter that many of my colleagues signed to the President last month, urging that his budget include increased funding and research for the causes of colony collapse disorder, and I was pleased to see in the President's proposal that the creation of the Innovation Institutes--one of them would receive up to $5 million to focus on this. Given that this is a $20 million impact, in a sense, on the industry, is this enough? Can you talk a little bit about what you are likely to do, should this come through, and sort of your concerns on this issue. Dr. Woteki. Well, we have received numerous letters from Members of Congress over this past year---- Ms. Pingree. We like our honeybees. Dr. Woteki [continuing]. With an emphasis on doing more on pollinator health. So this innovation institute is one response that we are proposing. It would be a way to partner with the private sector and, really, to focus research on understanding what are--at least a half dozen different hypotheses about what is causing the decline in honeybees and in pollinators, in general. And through that--and, again, because these innovation institutes would be public-private partnerships, also focusing on getting the solutions coming out of those insights into the hands of beekeepers and farmers and changing whatever agricultural practices we may have to change in a way that will support pollinators and, also, support pollination and be an economically feasible approach for American agriculture. We are also partnering with a number of other agencies within USDA and with agencies external to USDA in planning those efforts and in coordinating the research that is already underway in this very important problem area. So we hope that, through this combined effort of continuing our ongoing activities and then augmenting them with an innovation institute, that that focused level of activity within a defined period of time is going to provide some real insights and some products and practices that can be adopted to help immediately. Ms. Pingree. Just a little follow-up on that. I mean, this is proposed funding, and you said that you are already doing some research. I think a lot of people see this as a crisis in the industry and, obviously, having a huge impact already. Have you made some strides? I mean, are we getting close? Are there some practices that you are already suggesting? Because it is hard to talk about it in the future when it is so imminent. Dr. Woteki. Dr. Ramaswamy happens to be an entomologist and for my team has been our lead person on this pollinator interagency work and activity. So, Sonny, why don't you just---- Dr. Ramaswamy. Thank you very much, Congresswoman Pingree. And, indeed, the U.S. Department of Agriculture is investing quite a bit of resources in addressing honeybee health in general and also looking at other pollinators as well. And between the Agricultural Research Service and the National Institute of Food and Agriculture, we are investing in the neighborhood of around about $25 million a year currently in addressing particularly honeybee health. But as I said, you know, bumblebees and other pollinators are being impacted as well. And, specifically, a couple of examples about things that are going on: We have the community of scientists that are working together, including our extension specialists and the extension educators as well that come together collaboratively to work across the United States in multidisciplinary teams. They have identified some of the reasons for why we have declines in the population of bees, the honeybee specifically, and these relate to the loss of habitat. These relate to the parasites and pathogens, such as viruses and varroa mites. These relate to the nutritional status of honeybees. These relate to what we call migration because we are transporting bees long distances. As you might well know, well over half the honeybee hives are used to pollinate almonds like in the month of February, which is when they should be resting. So there are a lot of factors that go into this. Those have now been identified. And in addition to identifying those, there is work that is going on across the board, whether it is Federal scientists or State-based scientists, coming up with ways of, you know, improving the genetics of the honeybees. There are some really excellent discoveries that have been made in that realm. Also, for varroa mites, there have been some new ways of controlling them that includes technologies related to biotechnology that is called interference RNA methods, and it, you know, hits the varroa mites. There is also some biopesticides that are in the process of being registered. One of those biopesticides is from hop, you know, the hop plant that goes into flavoring beer. There are these hop beta acids and that is in the process-- again, based on research that the Agricultural Research Service, scientists have undertaken, and that is in the process of being registered currently as a biopesticide. So we have made a lot of progress and, unfortunately, it is almost like a moving target and we need to continue to invest our intellectual and monetary resources to address that. Ms. Pingree. Thank you very much. Mr. Aderholt. Mr. Fortenberry. Dr. Clark. Maybe I could add something to that. One of the things that has been missing is an information base. NASS has had a survey of beekeepers where they have been measuring honey production. But this survey----we have an initiative to include in this survey questions related to colony losses, pests and parasites, management practices, crops pollinated, and locations served, as well as estimates of revenues and expenses, which will help us provide a benchmark to know what is happening and then could be repeated in the future to see if any of the research that is being conducted has an impact. Ms. Pingree. So my time is up. But this is a survey you are proposing to do or are in the process of doing it? Dr. Clark. It is in the budget. We are proposing $2 million to expand our current survey of honeybee production. Mr. Aderholt. Mr. Fortenberry. FARM WORKER WAGES Mr. Fortenberry. Thanks, Mr. Chairman. I want to return briefly to this adverse effect wage rate issue simply to make my point in a little more conciliatory manner. Since becoming a Member of Congress, one of my key policy concerns is how do we ensure that we have a robust agricultural sector. And that is a very broad spectrum and production agriculture is at its heart and that is essential, but we have also worked on trying to figure out ways to expand the ag family. And in the farm bill we have had all kinds of new and emerging policies to help small beginning farmers and specialty crop farmers. So here I stumble upon a circumstance where we are doing exactly the policy outcome and they are being affected by a strange type of statistical problem that is being generated in a cross-jurisdictional manner between the Department of Labor and the Department of Agriculture. This is why I think I am coming across so passionately about this. I don't want to see them go out of business. And they can't compete based upon this higher wage rate which is being foisted upon them, but is inconsistent with wage rates, I would suggest, all around us where I live. We have a grouping of States here that have disproportionately high adverse effect wage rates. It seems very peculiar, given the other States where minimum wage and prevailing wages are much, much higher. That is why I am saying please get to the bottom of this quickly. I understand the entangled explanation--or I didn't fully understand the entangled explanation of how this has cross-jurisdictional boundaries, but I am just trying to get to the bottom of how we reevaluate this quickly before these farmers give it up because they simply cannot compete based upon what is being told to them by the government in a policy that is inconsistent with other policies across the hall. So that is why I want to push this and make this clear. Dr. Woteki. We understand, sir. CENTERS FOR AGRICULTURAL EXCELLENCE Mr. Fortenberry. Thank you. The second issue I wanted to raise briefly is we have a wonderful community college in northeast Nebraska called Northeast Community College. They have written to you asking-- with their interest in becoming one of the Centers for Agricultural Excellence. And I know that is in the farm bill--that is authorized in the farm bill. I would appreciate any consideration you could give them. They have a long agricultural tradition there. I think the initial response from you was that this has not been funded previously. But do you anticipate these centers developing in the near term? Dr. Woteki. Well, I was in Omaha in January and had the opportunity, actually, to have lunch with the President of Northeast Community College. Mr. Fortenberry. Okay. I am sure he told you what I just told you. Dr. Woteki. Yes. And they have a great concept for the development of agriculture as part of the college curriculum. At the time that we met, what I was referring to was that there was a provision in the 2008 farm bill for Centers of Excellence. We were unable to use that authority as it had been enacted without an appropriation to go with it. With the new farm bill, there is additional language that Dr. Ramaswamy and his team---- Mr. Fortenberry. He knows a lot about Nebraska. Dr. Woteki [continuing]. Have been thinking through how they are going to implement this new authority. So, Sonny, you want to talk about your current thinking. Dr. Ramaswamy. Right. Thank you very much, Dr. Woteki. And thank you, Congressman Fortenberry. Good to see you again, sir. Indeed, within the AFRI program--the Agriculture and Food Research Initiative--we have an opportunity to create these Centers of Excellence. And so we have a team of individuals that is putting together the approach that we are going to take. And as you likely know, Deputy Secretary Krysta Harden is, you know, helping us look through the Farm Bill and how do we approach these things, and we are putting together as we go forward--and I can't tell you a lot more because we are still developing it. It could potentially offer an opportunity. I don't know. I mean, in this particular case, I read the letter as well, and I have spoken to a lot of other community colleges as well about, you know, the possibility of engaging them in creating the pipeline of young people that we need to--that needs to come into the agricultural workforce, the scientific disciplines, et cetera. And as it has been construed in the language in the Farm Bill, it is more about offering funding for research enterprises--research and education enterprises if the community college in Nebraska partners with the University of Nebraska in Lincoln, Iowa State, and others as a member--as a consortium, as it were. They will be able to participate in this as well. By themselves, for the land that they have that they would like to utilize in offering education and research sorts of opportunities, in and of itself, I don't know if they will be able to be competitive. So it might be a separate conversation with them and connecting them with Ronnie Green and others. Mr. Fortenberry. Sure. That is an absolutely fair answer because we do an extraordinarily large amount of agricultural research through the university system and we are proud of that. And I somewhat anticipated that might be a potential outcome here, but I did just want to raise the issue for your awareness. Thank you very much, Mr. Chair. Mr. Aderholt. As we conclude, I am going to go ahead and recognize Mr. Farr. CALIFORNIA DROUGHT Mr. Farr. Thank you very much, Mr. Chairman. I guess these are last questions. But Governor Brown of California has had an emergency declaration of the drought that exists there. He has asked Congress and the President to declare a national disaster. I don't think Obama has done that--President Obama has done that yet. But I am sure your department must have been asked what you might do to help mitigate the problem. That is all we are talking about in California, is the drought. And I wondered if you had any--and we all know the conservation and all that stuff. Is there anything innovative coming out of the department that might be helpful? And, particularly, agriculture gets a bad rap because of the water they use, and we are pitting the population of California, the urban--I mean, it is the L.A. Basin where all the people live and where all the food they eat is consumed. But, you know, there are constantly letters to the editor complaining about the lack of best management practices in agriculture. So time is really short. But if you have anything you are working on, I would like to know about it. Dr. Woteki. Well, one of them is a new initiative within the competitive grants program that Dr. Ramaswamy has initiated. Dr. Ramaswamy. Thank you very much, Mr. Farr. Indeed, we have just released--just about a month ago we have released a request for applications in the water area in the Agriculture and Food Research Initiative, and we are proposing to invest $30 million over the next 5 years. And the intent there is very---- Mr. Farr. 30 million bucks? That is nothing. Dr. Ramaswamy. For starters. I mean, we are hoping to continue to make investments, and ARS and other sister agencies within USDA are also making very significant investments-- intellectual investments as well as monetary investments in this area. Mr. Farr. But it seems to me what we are doing mostly in our area is reclamation. And, frankly, the State kind of led that. Feds were way behind in being able to use, you know, sewage water treated---- Dr. Ramaswamy. Right. In addition to this particular request for applications, we are also supporting efforts in water reuse and recycling, in genetics and plant breeding, in improving varieties that can be drought-tolerant and salt- tolerant, et cetera. So there are a number of programs, and we could certainly provide you a list of things that we are supporting and---- Mr. Farr. Well, it might be very helpful just to--maybe in conjunction with the ag department in California and others, to pull together kind of the state-of-the-art knowledge and stuff that we have in all these different areas so at least people who are searching for some innovation can find out where to find it. It would be helpful for all of us in--you know, with 54 Members of Congress from California who are all asking this question, and it would be--I think it might be helpful. And there is nothing--without more rain, there is no-- nobody wins. You can't build anything fast enough to meet this year. But we certainly will be--I think we are going to get through it just by squeezing every drop out of the system. Dr. Jacobs-Young. So, Congressman Farr, currently ARS invests a little over $30 million a year in drought research. And so we are--similar to what Dr. Ramaswamy talked about, we are looking at optimized irrigation systems. ``How do we get more crop per drop?'' is what the National Program Leader (NAL) told me about. We are looking at using nontraditional water sources, looking at salinity-tolerant crops and then, most importantly, building predictive systems. We have a system that is called the evaporative stress index, which is able to predict drought and, so, giving producers an opportunity to make decisions ahead of the drought actually occurring. And so that system is currently able to produce predictions a couple of weeks ahead of our traditional systems that we currently have in place. And so we are working on more predictive systems for---- Mr. Farr. I don't know if that is as effective as just getting this total use of water. I mean, it has got to be used over and over again. We don't use it enough. And I think California therein is the answer, is that we are going to develop some more productions out of saltwater. We are going to probably do a lot more inground storage on drawing water off the rivers in peak flow. We are probably going to build some more off-stream reservoirs, not on-stream. We are not for dams. And I think we can build the infrastructure that can be consistent in low-rain years. But I think it is that technology in drip irrigation, reclamation, all of that kind of micro stuff, that is really going to be almost mandatory in the industry. And I think that is where you could really be helpful, showing us the science that you know about how little you can get by on. Dr. Ramaswamy. Indeed. And there is a lot of wonderful work that is going on in California, ARS labs as well as the University of California (UC) system as well. And we will get you a---- Mr. Farr. A list. Dr. Ramaswamy [continuing]. A composite list of it. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] FARM AND RANCH IRRIGATION SURVEY Dr. Clark. Could I just add that the National Agricultural Statistics Service, as part of the Census of Agriculture, conducts the Farm and Ranch Irrigation Survey, and we just will complete that data and release it in October of this year, covering the previous year. This survey is done every 5 years. So we will give you at least the information on what practices are and the changes that have happened between 2013 and the past 5 years. Mr. Farr. That would only be helpful for us if it was done on California almost by county because it is not--you know, who cares what the national standard is? We only care about our own backyard. Dr. Clark. I know we have State data. I don't know if it is at the county level. But it is a survey. [The information follows:] Farm and Ranch Irrigation Survey national agricultural statistics service (nass) NASS estimates it will release the results of the Farm and Ranch Irrigation Survey in November 2014. These results are based on regions or States that have a large enough sample. California is included among those States with a large enough sample to publish by States, but not by county. FOUNDATION FOR FOOD AND AGRICULTURAL RESEARCH Mr. Aderholt. Thank you. Well, as we conclude today, thank you for being here. Let me just ask Dr. Woteki one last thing. You note in your testimony about the 2014 farm bill created the Foundation for Food and Agricultural Research, provided $200 million in mandatory funding for it, USDA is directed to stand up the foundation. What is your time frame, expecting that to be operating? Dr. Woteki. Well, we expect the Foundation to be up and operating in mid-summer. The Secretary did a listening session about the farm bill implementation a few weeks ago and, at that point, indicated that was our time line. Mr. Aderholt. Okay. Thank you. All right. Well, again, thank you each for being here this morning and for your testimony. We look forward to working with you as we progress with the fiscal year 2015 budget. Thank you. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] W I T N E S S E S ---------- Page Bice, Dr. D. K................................................... 349 Bohman, Dr. Mary................................................. 349 Clark, Dr. Cynthia............................................... 349 Ellis, Karen..................................................... 1 Fong, Phyllis.................................................... 1 Harden, Gil...................................................... 1 Jacobs-Young, Dr. Chavonda....................................... 349 Ramaswamy, Dr. Sonny............................................. 349 Wetjen, Mark..................................................... 135 Woteki, Dr. C. E................................................. 349