[House Hearing, 110 Congress] [From the U.S. Government Publishing Office] AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS FOR 2009 _______________________________________________________________________ HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION ________ SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES ROSA L. DeLAURO, Connecticut, Chairwoman MAURICE D. HINCHEY, New York JACK KINGSTON, Georgia SAM FARR, California TOM LATHAM, Iowa ALLEN BOYD, Florida JO ANN EMERSON, Missouri SANFORD D. BISHOP, Jr., Georgia RAY LaHOOD, Illinois MARCY KAPTUR, Ohio RODNEY ALEXANDER, Louisiana JESSE L. JACKSON, Jr., Illinois STEVEN R. ROTHMAN, New Jersey NOTE: Under Committee Rules, Mr. Obey, as Chairman of the Full Committee, and Mr. Lewis, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. Martha Foley, Leslie Barrack, Jason Weller, and Matt Smith, Staff Assistants ________ PART 4 Page Food and Nutrition Service....................................... 1 Rural Development................................................ 391________ Printed for the use of the Committee on Appropriations AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS FOR 2009 _______________________________________________________________________ HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION ________ SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES ROSA L. DeLAURO, Connecticut, Chairwoman MAURICE D. HINCHEY, New York JACK KINGSTON, Georgia SAM FARR, California TOM LATHAM, Iowa ALLEN BOYD, Florida JO ANN EMERSON, Missouri SANFORD D. BISHOP, Jr., Georgia RAY LaHOOD, Illinois MARCY KAPTUR, Ohio RODNEY ALEXANDER, Louisiana JESSE L. JACKSON, Jr., Illinois STEVEN R. ROTHMAN, New Jersey NOTE: Under Committee Rules, Mr. Obey, as Chairman of the Full Committee, and Mr. Lewis, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. Martha Foley, Leslie Barrack, Jason Weller, and Matt Smith, Staff Assistants ________ PART 4 Page Food and Nutrition Service....................................... 1 Rural Development................................................ 391
________ U.S. GOVERNMENT PRINTING OFFICE 48-455 WASHINGTON : 2009 COMMITTEE ON APPROPRIATIONS DAVID R. OBEY, Wisconsin, Chairman JOHN P. MURTHA, Pennsylvania JERRY LEWIS, California NORMAN D. DICKS, Washington C. W. BILL YOUNG, Florida ALAN B. MOLLOHAN, West Virginia RALPH REGULA, Ohio MARCY KAPTUR, Ohio HAROLD ROGERS, Kentucky PETER J. VISCLOSKY, Indiana FRANK R. WOLF, Virginia NITA M. LOWEY, New York JAMES T. WALSH, New York JOSE E. SERRANO, New York DAVID L. HOBSON, Ohio ROSA L. DeLAURO, Connecticut JOE KNOLLENBERG, Michigan JAMES P. MORAN, Virginia JACK KINGSTON, Georgia JOHN W. OLVER, Massachusetts RODNEY P. FRELINGHUYSEN, New Jersey ED PASTOR, Arizona TODD TIAHRT, Kansas DAVID E. PRICE, North Carolina ZACH WAMP, Tennessee CHET EDWARDS, Texas TOM LATHAM, Iowa ROBERT E. ``BUD'' CRAMER, Jr., Alabama ROBERT B. ADERHOLT, Alabama PATRICK J. KENNEDY, Rhode Island JO ANN EMERSON, Missouri MAURICE D. HINCHEY, New York KAY GRANGER, Texas LUCILLE ROYBAL-ALLARD, California JOHN E. PETERSON, Pennsylvania SAM FARR, California VIRGIL H. GOODE, Jr., Virginia JESSE L. JACKSON, Jr., Illinois RAY LaHOOD, Illinois CAROLYN C. KILPATRICK, Michigan DAVE WELDON, Florida ALLEN BOYD, Florida MICHAEL K. SIMPSON, Idaho CHAKA FATTAH, Pennsylvania JOHN ABNEY CULBERSON, Texas STEVEN R. ROTHMAN, New Jersey MARK STEVEN KIRK, Illinois SANFORD D. BISHOP, Jr., Georgia ANDER CRENSHAW, Florida MARION BERRY, Arkansas DENNIS R. REHBERG, Montana BARBARA LEE, California JOHN R. CARTER, Texas TOM UDALL, New Mexico RODNEY ALEXANDER, Louisiana ADAM SCHIFF, California KEN CALVERT, California MICHAEL HONDA, California JO BONNER, Alabama BETTY McCOLLUM, Minnesota STEVE ISRAEL, New York TIM RYAN, Ohio C.A. ``DUTCH'' RUPPERSBERGER, Maryland BEN CHANDLER, Kentucky DEBBIE WASSERMAN SCHULTZ, Florida CIRO RODRIGUEZ, Texas Rob Nabors, Clerk and Staff Director (ii) AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS FOR 2009 ---------- Thursday, March 13, 2008. FOOD AND NUTRITION SERVICES WITNESSES NANCY MONTANEZ JOHNER, UNDER SECRETARY FOR FOOD, NUTRITION, AND CONSUMER SERVICES, USDA KATE HOUSTON, DEPUTY UNDER SECRETARY FOR FOOD, NUTRITION, AND CONSUMER SERVICES, USDA ROBERTO SALAZAR, ADMINISTRATOR, FOOD AND NUTRITION SERVICE, USDA W. SCOTT STEELE, BUDGET OFFICER, USDA Ms. DeLauro. The committee is called to order. Thank me and--thank you, and let me welcome all of you today, and particularly Under Secretary Johner. And I'm really glad to have had the opportunity. We met earlier this year to discuss a number of priorities. And like you, I always find the meetings to be helpful and informative and productive and are being able to move forward. Can you hear me? And let me just welcome the rest of the panel. I'm going to leave all the introductions to you in your opening remarks, Under Secretary. This is an important hearing from my perspective. Families and children should never be forced to choose between securing adequate food for their kids and other basics they need. I think one of the government's most critical responsibilities is providing children and low-income families with access to quality food, a healthy diet, a positive education about nutrition, and the Food and Nutrition Service does exactly that, serving nearly one in five Americans. Perhaps the most important program under the Food and Nutrition Service is the school lunch program. That became very clear last month with the historic meat recall involving a Westland/Hallmark plant in California. Of the more than 140 million pounds of meat that was recalled, approximately 47 million were distributed to the school lunch program. There are no reports of any children becoming sick from consuming this meat, but it is no less alarming to think just how many students were put at risk. This should not have been allowed to happen, and must not be allowed to happen again. I realize that the Food Safety and Inspection Service shoulders much of the responsibility for allowing this recalled meat to reach the school lunch program. Nevertheless, I do have some serious questions about the Food and Nutrition Service's role. We have a responsibility to determine what could have been done to stop these dangerous practices and subsequent recall. I also intend to address some questions about this year's budget. While you appear to fully fund critical nutrition assistance programs such as food stamps and WIC, I remain concerned about some recycle proposals that would again limit the program participation. For instance, in what has now become a tiresome annual ritual, this Administration is once again proposing to zero out the commodity supplemental food program in fiscal year 2009. This is a program in which more than 473,000 seniors, women, infants and children rely. When it comes to women, infants and children, when it comes to that program, the WIC program, the President's budget again proposes to cap grants to state agencies for nutrition service and administration expenses at the fiscal year 2000 level. This reduces program costs by $145 million. However, if the cap is enacted, we will have to add that amount back to the appropriation level in the budget. I also want to express my disappointment at the Administration's efforts on WIC last year. While the Administration did request a 3.5-percent increase for the WIC program in fiscal year 2008, it still failed to acknowledge the increased participation and food costs. Worse still, the President threatened to veto any bill that increased total spending levels above his request. At the time, it was clear to everyone except the Administration that increased funding above the President's request was essential to carry out the program this year. As you know, Madam Secretary, I'm also very concerned about the Food and Nutrition Service's approval of Indiana's decision to contract out virtually the entire administration of its food stamp program. We've had a number of conversations about this, and I understand earlier this week several groups held a news conference pointing to serious flaws in Indiana's privatization plan, including a dysfunctional and wasteful eligibility system--difficulty in reaching call centers and navigating web pages, even the loss of benefits. I believe you will, but the Food and Nutrition Service and the state of Indiana must take these complaints seriously, and they must be investigated. According to initial news reports, it sounded like state officials were dismissive of these groups' claims. If these allegations are proven true, it would seem like we're heading for a repeat of the debacle that occurred in Texas. And I don't have to remind anyone of the chaos that that experiment in privatization led to, with reduced enrollments and decreased services. I said this before, but I want to emphasize again, our citizens need to know that they will have access to the food assistance and health care programs during a time of crisis. While private companies serve their shareholders, the American people must be able to count on genuine oversight and strict accountability. We must be able to guarantee our most vulnerable citizens, that they get the adequate care they deserve. Our government has an obligation to its citizens to check private abuse, to set standards in the public interest. That principle must apply in all of our efforts, whether it's food stamps or the school lunch program when it comes to creating real opportunity and protecting the public health. It's our responsibility to get it right, and we cannot afford to fail. So, as always, we will have much to talk about today, and I look forward to discussing the issues with you. I might also add, and I've had some conversations with subcommittee members about this as well, that there will be--we don't have a date yet--a follow-up hearing on nutrition which will then include a combination of both government witnesses and outside experts. So it's just more broadly to discuss the whole issue of nutrition. With that, I thank you, and the ranking member, Mr. Kingston is here, but I'm going to assume that Ms. Emerson is going to sit in for him, and I ask you for opening comments. Ms. Emerson. Thank you, Chairwoman. Thank you all so very much for being here today. And I do look forward to your testimony. I do have also a lot of questions. And, Madam Chair, I want to add something to your remarks. I mean, I know how disturbed you are about so many issues with regard to food security and hunger security and the like. I do want to tell you all, we just had a study done, a Missouri Hunger Atlas that was done by the University of Missouri, the Interdisciplinary Center for Food Security. And it's really very frightening. In Missouri, for example, Madam Chair, Missouri is one of 17 states with rising rates of food insecurity with hunger. And the increase over the first part of this decade is among the highest five in the country. And so-- and 15 percent of our state's children, or nearly 200,000 residents below the age of 18, are food insecure. So, obviously, the issues with which you all deal on a daily basis are quite important to me and this entire subcommittee. But it is worrisome with, you know, higher gas prices, higher food prices, higher about everything. This is an issue which I think we need to pay special attention to, because I think in the short term it might get worse before it gets better. And certainly, the government working with all of the private--with private industry and charitable foundations and what work we can do here in the committee, Madam Chair, I think are going to be critical in saving lives. So I appreciate you all being here and thank you so much. I have lots of questions. Ms. DeLauro. I thank the gentlelady and also say I often think about the terminology of ``food insecurity.'' It essentially means that people are hungry, in my view, and that we ought to be able to have the determination, the will and the wherewithal to make sure that people in this country are not hungry. Let me ask you to make your remarks. You know the testimony will be put in full into the record, but you're free to summarize and make any comments that you care to before we get to questions. Thank you. Opening Remarks Ms. Johner. Thank you, Madam Chair. And we're very grateful to be here too this morning, because we have a lot to share. But, Madam Chair and members of the Subcommittee, thank you for this opportunity to present the Food, Nutrition and Consumer Service budget request for fiscal year 2009. By your permission, I would like to introduce three key members of my team who are with me here who are with me today. Kate Houston. She's our Deputy Under Secretary for Food, Nutrition and Consumer Services. And Ms. Houston also previously served as our Deputy Administration for Special Nutrition Programs. Roberto Salazar, who is our Administrator for the Food and Nutrition Service. And in the audience today but not at the witness table is Dr. Brian Wansink, who recently joined our mission area as Executive Director for the Center for Nutrition Policy and Promotion. My written testimony has already been submitted for the record. So rather than recount what is already before you, I would like to share with you key concepts that underlie our fiscal year 2009 budget request. In doing so, I hope it will be clear to you why we at FNCS and I personally as Under Secretary have proposed the budget before you, and as to why we believe it is fitting and sufficient for the programs we administer. There are three basic themes which are fundamental in the design of the budget before you: Good stewardship, improved program integrity, and better access to the program benefits. I realized that good stewardship is not necessarily the primary factor in proposing a budget, yet good stewardship is demanded whether we request a budget increase or we propose reduced funding levels. Nevertheless, be assured that the budget before you represents a thorough, honest assessment of the investment. We believe we'll fulfill the requirements of the program we administer, no more, no less, and that is good stewardship. Likewise, our budget request is based on a dedication to program integrity. Our commitment to you is that we will do our utmost to ensure that every dollar you entrust to us is used in accordance with law and regulations. Waste, fraud and abuse are not acceptable, and our budget proposal makes no concession to this principle. Our ultimate goal at FNCS is ensuring eligible participants have every opportunity to receive the benefits Congress intended for them to receive. We aspire to provide these benefits with dignity and compassion. I can assure you that we would not present a budget that we knew to be greatly lacking and detrimental to their well being. As evidence of this factor, a number of increases are in the Administration's budget. For example, the President's request includes an increase of $11.2 million, which is aimed at the Food Stamp Program. There is also a provision for $6 billion in reserve for the Food Stamp Program alone. Likewise, we have an increase of just over $550 million for the Child Nutrition Programs. But I do not wish to digress too far into the details. What I believe is more appropriate and closer to the business at hand is to answer any questions that you may have so that you can move quickly to approve our request. We invite an open dialogue with the Subcommittee, a dialogue based on mutual respect and trust, and it is in this spirit of encouraging constructive dialogue that I have shared my thoughts with you today. We are certain that good stewardship, improved integrity and improved program access is as important to you as it is to us. These are principles, in which I'm sure we can all agree on, principles as I say, that underlie the budget request before you. And so it is with all due respect and in mutual understanding as public servants we come before the Subcommittee today. We thank you for your time and attention, and I will be happy to answer any questions you may have for me or from my honorable and dedicated co-workers, Kate Houston and Roberto Salazar. And also we have our Budget Officer, Scott Steele, at the desk. [The information follows:]
hallmark/westland beef recall Ms. DeLauro. Again, welcome to all of you, and I thank you for your testimony, Secretary Johner. Let me start--before we start to talk about the budget, I want to ask a few questions about the recent beef recall. Let's just start there. Of the 140 million pounds of beef that was recalled by Westland/ Hallmark, over 50.3 million pounds was sold to the USDA feeding programs, with 47 million pounds going to the national school lunch program. Can you provide this subcommittee with a list of the school food authorities, the SFAs, that received beef from this recall? Ms. Johner. Yes we can. In fact, we do have that list and it's in the final process of being cleared, so we--I can assure you, as soon as I can give that to you, we will give you a copy. Ms. DeLauro. Thank you. I appreciate that and I applaud that effort. This is the first time that anyone has been forthcoming with saying that we could get such a list, so I thank you for that. You understand this list of school food authorities will be included in the record and made public information. Ms. Johner. Right. [The information follows:] The Food and Nutrition Service (FNS) is committed to maintaining constant communications with our State, local and industry stakeholders. To that end, we will provide a list of affected School Food Authorities under separate cover and we intend to make the list available on our public Web site at http://www.fns.usda.gov/fns/ newsroom.htm. Of the 143 million pounds of Hallmark/Westrand recalled beef, approximately 51 million pounds was distributed to FNS' nutrition assistance programs. About 94 percent of the 51 million pounds was distributed to schools. Ms. DeLauro. This also seems to me that you should put this up on your Web site. Will you do that? Ms. Johner. Yes, Madam Chair. Ms. DeLauro. And when do you anticipate finishing them? I believe this ought to go up immediately. Ms. Johner. Yes. As soon as we have that through final clearance, yes, you have my assurance that it will go up immediately. Ms. DeLauro. When do anticipate final clearance? Ms. Johner. I would hope that we can have that in the next few weeks. I mean, probably sooner than that. I can't give you a specific time, so I'm kind of giving it a ballpark figure here. I would hope by next week. Ms. DeLauro. I really want to emphasize the need. I mean, we had folks here last week. We were told we would get some answers this week. I wrote to the Secretary I think on February 20th, and to date, I don't believe I have had a response from the Secretary. This is about two lists, the retail consignees and the schools. But I have had no answer from Secretary Schafer. So it would seem to me if the list is together, its final clearance, with given the importance of this information to our school food authorities, that it ought to be able to be done, you know, 48 hours? I don't know what's left except for a final clearance, and that shouldn't take very long if it's been through the traps here. Ms. Johner. Madam Chair, again, we also believe that that's important information, and so we just want to make sure that the information that's on there is accurate. So, we're just making sure that the i's are dotted and the t's are crossed. And so, I assure you again, as soon as we can, we will get that to you. Ms. DeLauro. And we will be--you need to be in touch with us, but we will be---- Ms. Johner. Okay. Ms. DeLauro (continuing). You know, just vigilant on when that is going to be made available. Ms. Johner. Yes. Ms. DeLauro. Have you accounted for all of the beef that is included in this recall that went to the national school lunch program? Ms. Johner. Yes. Yes we have. Ms. DeLauro. Again, thank you very, very much. Ms. Johner. And also if I can add, we have worked very closely with the School Nutrition Association. They were here in Washington I think last week, and we met with them to do some probably, we've learned lessons throughout this whole process, and you can always learn from your experiences. And so we've met with them, and we are putting some next steps in place to tighten up, to improve the process that we currently have. And we can provide you a list of those things if you'd like a copy of that. Ms. DeLauro. Yes. I would, because that's part of, you know, what are requests are here today about the lessons that you learned and what changes are you implementing based on this recall. That is critical. That's critical information for the subcommittee. Ms. Johner. Yes. We can get you that. [The information follows:] USDA has a long-standing commitment to school food safety. From our pioneering work with the School Nutrition Association to establish a food safety credentialing program for school food service employees, to our collaborative efforts to establish standard procedures for recall actions affecting foods purchased by the Department for school use, we have done much to ensure the safety and wholesomeness of school meals. The result is that in comparison to other food service alternatives, the documented incidence of food-borne illness associated with school meals is extremely low. We continue to work with schools to improve on this record of success. USDA hold and recall processes and procedures have been in place for a number of years and have worked efficiently and effectively in past recalls that involved school commodities. FNS, in cooperation with the National Food Service Management Institute (NFSMI), has provided training and technical assistance materials to State agencies and school food service managers on these procedures. However, given the magnitude of the Hallmark/Westland beef recall, FNS has identified several areas where communication can be strengthened and how information dissemination about a food recall can be improved to ensure parents and students receive accurate and timely information. FNS is working more closely with State agencies to provide additional technical assistance to effect better implementation of recall processes and procedures. We will seek input from our program cooperators to help us in this regard. The NFSMI is working to finalize guidance for State agencies to better manage future hold/recall situations. Once this guidance is complete, there will be an education and training campaign tailored to States and school districts. The guidance is expected to be ready in July 2008. Furthermore, we are exploring various communication options that will allow both FNS and our State agency partners to transmit food safety information directly to schools so they, in turn, can provide timely and accurate information to students, parents, and teachers about food safety matters. This was a concern we heard during the Hallmark/Westland recall, and we intend to be fully responsive. Ms. DeLauro. I will just say that there have been a number of complaints about the timeliness of the school food service directors in receiving official information about the recall. Many of the schools, as you can imagine, as parents, they received calls from concerned parents who learned of the recall on the news, and they didn't have any information at all, and the schools didn't have any information from FNS through their state agencies. Let me just ask you this question and get your thoughts. Should FNS have the capability to communicate directly with the school food authorities about any future recalls or other potential health threats in the national school lunch program? Ms. Johner. I think the current system that's in place is where the FNS communicates through the rapid alert system through the state agencies, and the state agencies then communicate with the school. That's the area where I know our conversations with SNA that we're looking in how to improve and strengthen that aspect of it. Ms. DeLauro. You think that that's the model that we should continue to use---- Ms. Johner. Yes, I do. Ms. DeLauro [continuing]. Rather than your direct communication with the school food? Ms. Johner. Yes, I do. I believe working with the state agency, we need to improve and strengthen that piece right there. Ms. DeLauro. How much is this--how much is the recall of the beef that was provided to the national school lunch program expected to cost, including the cost of destroying and replacing the recalled beef? Ms. Johner. Okay. We don't have that information at this point. Ms. DeLauro. Can you get that information to us? Ms. Johner. Yes. And I'm going to turn this over to Kate, because she has been working extensively on the recall. So she's--and she testified I think earlier on. Ms. DeLauro. Okay, Kate. You're on, Kate. [Laughter.] Ms. Houston. Now that we have accounted fully for all of the beef that went to the school lunch program, schools are in the process of sending information on their costs back up to the state, at which point that information will get bundled and the state will provide us a full accounting of what the local costs were, both for the storage during the hold and for any transportation and destruction costs. So, at the point at which all of that information comes to us, we will provide the appropriate reimbursements, and we can get you then the information on what the final costs were. But it's premature to have that information at this point. Ms. DeLauro. What accounts are these expenses--will they be paid from? Ms. Houston. Again, we work with our partners at the Agricultural Marketing Service who will be handling the reimbursements. I can tell you that we have provided some information about what costs USDA will be able to reimburse, and they include transportation of the recalled products to a disposal site, up to one month of storage costs, and the direct disposal costs. Ms. Johner. And Madam Chair, we are also currently replacing the product too at this time. They've already begun doing that. Mr. Steele. Madam Chair, I think that the account probably will be Section 32, AMS. [The information follows:] FNS is committed to working closely with the Agricultural Marketing Service and States to account for all costs associated with the Hallmark/Westland recall related to FNS' nutrition assistance programs. FNS is actively collecting the data necessary to complete a full accounting of the funds associated with the recall and will be glad to provide the information to the Committee once the accounting is complete. We will be seeking reimbursement for the expenses from the Westland/Hallmark Meat Company as a part of our contractual action against the company. However, if Hallmark/Westland is financially unable to cover the full cost of expenses incurred by USDA commodity programs, the difference will be paid out of Section 32 funds. Ms. DeLauro. Okay. Can we receive copies of communications provided to the state agencies in regard to the national school lunch recall? Ms. Johner. Sure. Ms. DeLauro. And, again, these communications, they include the types of expenses that will be reimbursed? They know what's going to be reimbursed? The procedures, the timeline for reimbursement? They have all of that information? Ms. Johner. That's correct. They should. I think it's important to note that some of that information is state specific. Our clients obviously in this case were the state agencies. State agencies are responsible for providing information down to the local level regarding specific instructions for the manner in which the foods should be destroyed, and some of that varies from state to state, depending on what their public health agencies require. So there is some general information provided by USDA and then some specific, state specific information that goes to the school level. [Clerk's note.--Because of the length of these documents they are not printed in the hearing volume. The Subcommittee will maintain a copy in the official files.] BEEF QUALITY STANDARDS Ms. DeLauro. I am interested in what standards--what are the standards that are set by FNS for the quality of the beef that comes into the national school lunch program. Do you set the standard that no beef will come from downer cattle, or is that AMS's responsibility? And how do you enforce these standards? Ms. Houston. The specs for the product that is purchased on behalf of schools by the Department are established by the Agricultural Marketing Service. They are the Departmental purchaser of entitlement commodities for schools. I can say that they really have very high quality standards that are comparable to those in the commercial marketplace. They were first adopted over a decade ago in response to concerns that were voiced by advocates, parents and Congress regarding the quality of the meat and very stringent standards and safeguards were put in place at that time to make sure that the product really met the highest quality standards. Ms. DeLauro. Do you have enforcement standards? How do you enforce these standards? Has that become part of your responsibility as well as, I mean, AMS or? The standards that are laid out in terms of the beef that goes into the school lunch program. Do you enforce standards? Do you require--do you have requirements with regard to pathogen testing, quality and so on? Is that part of your mission? Ms. Houston. AMS has contractual agreements with verified vendors that are required to meet the specifications laid out, and AMS is responsible for regulating those vendors and ensuring that they are complying with all aspects of those contracts. Ms. DeLauro. So you do not have any enforcement authority or standards with regard to that process? Ms. Houston. Well, my---- Ms. DeLauro. You are in essence the customer? Ms. Houston. We are in essence the customer, but microbiological standards, testing requirements are included in AMS specifications for ground beef that is purchased for the school lunch program. Ms. DeLauro. My time---- Ms. Houston. Every lot is tested, is my understanding. Ms. DeLauro. My time has expired. Let me--Ms. Emerson. FOOD STAMP PROGRAM OUTREACH Ms. Emerson. Thank you, Madam Chair. I want to start with kind of where I left off in just the opening statement. But I was being specific to Missouri with regard to the issues of hunger. And, you know, we have right now about 35.5 million people who have--suffer from one form of hunger or another, at least in 2006. And, you know, all of the factors that we talked about with regard to economic issues do make me very nervous. And I worry about increased numbers of people who become either totally hungry or food insecure. And I want to know what the agency is doing to prepare and to reach out to those individuals. Ms. Johner. Yes. That's a great question. I think that we have done a lot in our--probably strengthening our partnerships with the state, because the states ultimately are responsible in administering the program. So one of the things that's important for us is to make sure that the people who are eligible and wish to participate in the program have access to the program. So, again, working closely with partners, and not only that, but with community and faith-based organizations. I know personally I have gone out to different states, and I do roundtables, and I bring various people to the table. The local leadership, the state leadership, because it also has to be sustained. And so what I try to do at our level is try to bring that in cooperation to collaborate to say what do we do for the folks in your state? And so that's one aspect of it. We provide outreach grants to four states to be able to come up with some of their own pilot projects. But this is a very important issue for us, because we do know that there's underserved population, the elderly, the working poor, Hispanics that have low numbers. And so, again, if they are eligible for the program, we want to make sure that they get the program. Ms. Emerson. Well, you know, I know in Missouri, for example, we have a very high participation rate. We have an excellent food stamp outreach program, and I'm very grateful because since my Congressional district happens to bear the largest number of people below the poverty line as well as those who are food insecure, if you look at this map here, Madam Chair and Secretary Johner, you'll see all this dark blue. And this is where--this is my district. That shows the highest participation rate with regard to food stamps. And so we're doing a good job in Missouri, but my worry is that you all may not have adequate resources necessary to respond and process and even approve new applications for food stamp or WIC or school meals. Do you feel like--do the state agencies with whom you work, do you feel that they have--and I meant to say state agencies--do you feel that they have the adequate resources to be doing this? Ms. Johner. And again, I think that's part of the--again, it varies. Each state has its own individual strengths and challenges in their state. But I think working together again with--what we try to really encourage is again the local collaboration that's there, because I do believe that there's a lot of--the states have more resources than they realize, but they need to bring them together. And so if we can be part of that, that would be great. But as far as working with the states, and, yes, coming up with innovative ways, I think the modernization piece is one component that I think states are looking to incorporate, to be able to handle the number of people that are coming in, to be able to better meet their needs. FOOD STAMP PROGRAM PARTICIPATION Ms. Emerson. Okay. You mention in your testimony a slight increase in the participation of, what, about 200,000 recipients per month. Ms. Johner. Right. Ms. Emerson. Is that still your all's expectation? Ms. Johner. Yes. Ms. Emerson. It is? Even in spite of, you know, more tough economic times? Ms. Johner. And given, I mean, again, given--that's our numbers, given the data that we've had. And so we continue to look at this very closely, and the numbers change as we get the data in, so at this point, I have to say yes. FOOD STAMP PROGRAM ERROR RATE Ms. Emerson. Okay. You also cited in your testimony an error rate of--in the food stamp program of less than 6 percent. You know, when we discuss farm and conservation programs, we discuss improper payments where, you know, a simple mistake on a form can classify a payment as improper. What qualifies as an error with regard to food stamps? Ms. Johner. Well, I guess the food stamp error rate is actually dollars lost and not the procedure errors. And I can tell you that we do have a strong indication for this coming year that our numbers are even better than they were last year, and they continue to truly work on trying to improve that. FOOD STAMP PROGRAM CATEGORICAL ELIGIBILITY Ms. Emerson. Madam Chair, can I ask one more question? Just because I have to run to Energy and Water. Ms. Secretary, in past years, we've seen a proposal to end the categorical eligibility--sorry. That's a very hard word for me to pronounce--eligibility of TANF noncash recipients for food stamps, and I don't think there's a proposal like that before us this year, but it was in the President's farm bill recommendations. Do you know if this is still the Administration's position? Ms. Johner. Yes. Ms. Emerson. Well, that's unfortunate, Madam Chair, because, you know, I think the GAO has stated that an analysis shows the vast majority of TANF noncash households may remain eligible for food stamp even after this change. So I know that the states are concerned about those administrative costs, particularly given the potential for increased applications. Well, I don't--it was a GAO report from last--that GAO report identified several states which did allow the categorical eligibility. But has FNS--and maybe I should ask the Administrator, have you acted to correct that inconsistency? Mr. Salazar. We do provide technical clarifications, of course, to GAO reports. We have asked to wait until after Farm Bill implementation to see what recommendations at this time-- -- Ms. Emerson. Do either of the farm bills--because I haven't obviously seen either of the drafts--do they actually contain the President's requested language on categorical eligibility? Mr. Salazar. Madam Chair and Congresswoman, they do not. Ms. Emerson. They do not? Okay. Well, with that, I have exceeded my time, Madam Chair. Sorry. Thank you all very much. Ms. DeLauro. Thank you. Ms. Kaptur. LEADERSHIP AND RESOURCE COLLABORATION Ms. Kaptur. Thank you, Madam Chair. Welcome back to the subcommittee, Secretary Johner and all of your colleagues, thank you. And thank you for making the effort to come to Ohio. It is truly appreciated. And to watch your engagement with our food banks and our religious community and all of those who are trying to feed the hungry, I can't thank you enough for that. I wanted to ask you, I know you had a chance to view some of our shellshocked food pantry operators, and you may have had a chance to reflect a little bit on the visit, and I know you are considering coming out again, which we would deeply welcome. I'm wondering if you have thoughts based on your visit you would want to share at this point? Ms. Johner. Yes, I do. And I think part of that I mentioned earlier. Again, I think after visiting Ohio, and again, putting my old hat on as a State Director and, you know, working in the field, it's important and I think sometimes we lose sight of that, that the local leadership and our statement leadership as well as the Federal leadership all need to come together to be able to address in a collaborative manner be able to meet the needs of our population that is out there. And I know in Ohio there was, I've seen a tremendous amount of resources, and it was actually pretty exciting to see that many resources, but we need--there needs to be some coordination of that and how do we work on that. And I think it needs to be at all levels. And I think when I come back out there, we were going to have certain people at the table so that we can have those planning and then the next session, because, again, it needs to be sustainable. I think everyone has competing priorities and limited resources, so we need to figure out how do we still help those most in need with the resources we have out there. COMMODITY PURCHASES Ms. Kaptur. Well, I'm hoping that as you consider that, we can think together about how the Agricultural Marketing Service and extension might be more fully engaged in an effort like this where we have so many hungry people and programs not reaching those who are eligible. Could we get electronic benefits transfer machines to all of our farmer's markets so people could take food stamps there if they are eligible for food stamps? And are there any legal or structural hurdles we need to overcome in order to do that? And the connection to local production agriculture, how we connect the nutrition program eligibility to local production. The food stamp EBT connection is one, how one engages the local community, farmers in producing, or let's say extra food that's needed by the food banks. I'm not quite sure how to do that, but if there's a way that you might talk to some of your colleagues over there at USDA on the production side. We really need some new visions of how to meet the needs in these urban areas. And when you have food pantries that have a rise in need of over 30 percent and donations are down by 75 percent, because the economy is so bad, there have to be some other mechanisms. And we're hoping that you will consider those. Yes, I agree the state needs to be involved, because, for instance, in our school lunch and breakfast programs, we're losing money because the state can't make the match, because the state of Ohio is nearly a billion dollars out of balance. So how can the state meet the match when it doesn't have any money? And yet we have agriculture programs that on the production side that we might be able to link to our nutrition programs. That's where I'm asking you to look, assuming the state will have nothing to put on the table. Maybe they will. If they don't, we're still stuck with empty shelves in our food pantries and in our ministries and so forth that are trying to feed the hungry. Do you anticipate USDA will have any other announcements to make about additional commodity purchases that can go to these food pantries for emergency purposes, where you've got very high levels of unemployment? Ms. Johner. Well, we are--the stocks for food. Are you aware of that? Ms. Kaptur. Well, there was one announcement, what was it, $63 million purchase? Ms. Johner. Yes. That was the second shipment that will be going out starting, I believe, in May or June. If I'm correct on that, we'll start having shipments that actually will be hitting the food banks. Ms. Kaptur. All right. And are those--that isn't Commodity Supplemental Food Program. That's areas like milk or protein- based foods, or what form will that take? Ms. Johner. That takes, actually it's canned meats, and I have a list of those that I can definitely get to you. Actually, they're very, it's a more substance. It isn't just milk and stuff. It is actually canned meat and chicken and turkey and, I want to say beans, beef stew, things like that. Ms. Kaptur. All right. Okay. I would be very interested if your department---- Ms. Johner. Yes. Ms. Kaptur [continuing].--Could provide us with a projection of what will that mean in a state like Ohio---- Ms. Johner. Yes. Ms. Kaptur [continuing].--Which is going through very difficult times. Ms. Johner. We can get you that information. [The information follows:] FNS is pleased to report that the innovative Stocks-for-Food barter has benefited The Emergency Food Assistance Program (TEFAP) nationwide. Commodities that will be made available to States under the second Stocks-for-Food Barter include canned and frozen chicken, pork and turkey hams, canned tuna and salmon, peanut butter, and pinto beans. Under TEFAP, each State's fair share of commodities is calculated based upon a weighted formula that takes into account each State's poverty and unemployment statistics. Ohio is expected to receive about $2 million of the roughly $50 million worth of commodities that will be obtained under the second barter. FNS supports multiple options that allow farmers' markets to accept food stamp EBT benefits efficiently and securely. Between 2006 and 2007, the number of farmers' markets participating in the Food Stamp Program increased by 22 percent from 436 to 532. Farmers markets redeemed more than $1.6 million in food stamp benefits in 2007. Promising practices related to the use of food stamp EBT are available at http://www.fns.usda.gov/fsp/ebt/ebt_farmers_markstatus.htm. There are no legal hurdles associated with placing EBT machines into farmers markets; however, there may be logistical hurdles. Specifically, many farmers' markets do not have electricity and/or phone lines necessary to support regular EBT Point-of-Sale (POS) devices. To help farmers' markets adapt to the EBT environment, alternative redemption systems were developed. FNS approves demonstration projects that use alternative forms of food stamp benefit issuance, including scrip, tokens, and receipts, in conjunction with EBT. Recipients exchange EBT food stamp benefits for scrip or tokens to purchase produce and other eligible food products at individual farmer stalls in a farmers' market. Additonally, as wireless technology has improved, more markets are taking advantage of it. The major hurdles to using wireless technology are equipment and maintenance costs and transaction fees. Often, these costs are born by the markets themselves or by the organizations that sponsor the markets. Markets leverage grants (such as Agricultural Marketing Service grants or those from private foundations such as the Kellogg Foundation) and their affiliations with organizations such as the State Farm Bureau to reduce costs. The added advantage of wireless POS for farmers is that they run commercial debit and credit as well as EBT transactions. Commercial transactions help justify and off-set the cost of equipment and processing. TOLEDO SCHOOL LUNCH AND SCHOOL BREAKFAST Ms. Kaptur. All right. All right, very good. And also, Madam Secretary, as you look at coming out again, if you could give us--if you could take a look at the Toledo school system and their school lunch and breakfast program and tell us why they forego millions and millions of dollars of federal money because of lack of subscription to the programs. There's another area where--is it the state's fault that they're not providing the match? If you could help us understand what's going on there, I would greatly appreciate it. Ms. Johner. We can look into that. [The information follows:] FNS is committed to ensuring all eligible children have the opportunity to participate in the school meals programs. FNS is aware of Toledo's desire for assistance in developing strategies to increase participation in the school meals programs. Consistent with the commitment made to you in our recent meeting, FNS will soon contact school district officials to begin the discussion. FNS will work with Toledo officials to identify ways to strengthen program quality, including lessons learned from other districts with similar characteristics. FNS will work with the district to build a program that attracts greater student participation and helps put Toledo's school nutrition programs on solid financial ground. Ms. Kaptur. Thank you, Madam Chair. Ms. DeLauro. Mr. Kingston. FOOD STAMP PROGRAM ENROLLMENT AND UNEMPLOYMENT Mr. Kingston. Thank you, Madam Chair. Madam Secretary, do you have a chart that you could give me later on that would show from a better understanding the link between food stamp enrollment and unemployment? Ms. Johner. Yes, we could do that. Mr. Kingston. In a local area. Ms. Johner. In a local area? It's a little more difficult. Is it like state specific, or? Mr. Kingston. Well, I think it would be---- Ms. Johner. Or a region? Mr. Kingston [continuing]. Public interest for any town or, you know, any political subdivision, either a county, a city, an MSA. I can't believe you don't know this off the top of your head. [Laughter.] Mr. Kingston. But just something so that by the smaller subdivision is possible, hopefully something below the state level, but something that would show, okay, for example, in Ohio, it has been unusually maybe even the hardest hit by the current economy, I think you have wasn't it a 21 percent job reduction or something in the last couple of years? I just--but it would be interesting to see, you know, how the employment rate went up and food stamp eligibility enrollment up and went down, to make sure also that that line is consistent. Because if it--in some areas if you have an aberration, that would be interesting to know also. Ms. Johner. Okay. I tell you--I'll commit to with working with you and your office and then we'll see what we can do and then we'll get some type of table out. How's that? Mr. Kingston. You know--well, let me ask you. Let me just comment on that. I don't know why you wouldn't have it already. Ms. Johner. At this point, do we have this information at all? We have a table--a chart that shows at a national level, but not at the county level. Mr. Kingston. Well, my fondness for you notwithstanding---- Ms. Johner. Do you want the national---- FOOD STAMP PROGRAM EMPLOYMENT AND TRAINING Mr. Kingston [continuing]. I'm going to have to pick on you, because this wasn't a set up question, but you're asking for $362 million for unemployment training. Why? If you don't know the stat, the correlation between food stamp eligibility and your need to come up with $362 million, how can you ask for that much money if you don't have that here's why we need it? Ms. Johner. We do know, sir, that there is lower participation in the food stamp program by the working poor, and there's a number of reasons for that, but we've asked for some specific targeted funding as part of our proposal to help improve participation among specific underserved populations, the working poor being one of them. Sometimes there are some myths, thinking that if you have a job you are not eligible for food stamps, when in fact the eligibility is determined based on the income level of the household. And even if there is a household that's working, they may have an income that would enable them to receive some supplementation of their food budget through food stamps. Mr. Kingston. Well, on your $362 million number for job training, how did you arrive at that? Mr. Salazar. Madam Chair, Congressman Kingston, our projections for employment and training are based in large measure on food stamp participants calculated in our program. Participation in the Employment and Training Program is part of the Food Stamp Program, is a requirement for many participants, and based on those participation projections, we project funding needs for that program. Our ability to project and forecast food stamp participation is reliable on a number of economic factors, inclusive of unemployment rates, but recognizing that there are respective lag times in which that data is tracked with food stamp participation. It is somewhat of a science but also a complicated projection. Mr. Kingston. What is the Department of Labor asking for? Mr. Salazar. With respect to? Mr. Kingston. Job training. Mr. Salazar. I regret that I don't have specifics on---- Mr. Kingston. Do you know if went up or down? I mean, how much is the overlap between what the Department of Labor job training programs do and what you're doing? Mr. Salazar. Madam Chair, Congressman Kingston, the services provided by the Department of Labor are distinct and unique to those individuals seeking unemployment compensation benefits and the requirements of them for seeking those benefits. There may be a potential of overlap of those individuals seeking those benefits also applying for Food Stamp Program benefits. The requirements of the Food Stamp Program are to ensure for those who are required to participate in the employment and/or training programs that we can provide them adequate services through the State agency. Mr. Kingston. A person could have dual enrollment though, right? Mr. Salazar. Madam Chair, Congressman Kingston, that is correct. Likewise, their children may also be participating in the National School Lunch Program and receiving other services as well from a multitude of various local programs. Mr. Kingston. But if you're taking one job training program from one federal agency, why would that not, you know, be a sufficient voucher for both agencies and therefore for eligibility? Mr. Salazar. Madam Chair, Congressman Kingston, again, recognizing that the populations served by Food Stamp Employment and Training Program is that population defined by statute as what we call the ABAWDS population, the adult population who is able to work, we rely heavily on states to coordinate the delivery of their services. Having been a former state director of social services, I know for a fact that as that state director, I worked very closely with my State Department of Labor to ensure the coordination of our services because of limited resources. Mr. Kingston. But if they are in your job training program in order to complete their eligibility, it still seems like a waste of time if they already have job training from another agency. And I don't see why your job training isn't--one can't be as good as the other. I don't understand why if you're taking a Department of Labor job training program you couldn't get a voucher that would suffice your eligibility. Ms. Salazar. Madam Chair, Congressman Kingston, in many cases, that's exactly what does occur with the coordination by the state agencies to avoid the duplication of provision of services, precisely that. Ms. Kingston. And if I'm enrolled in one of those job training programs, am I going to learn one set of skills from your program and another set of skills from labor? Or, you know, is it if I don't have a voucher? Mr. Salazar. Madam Chair, Congressman Kingston, the provision of services may in fact only be one program in the state. It's the sources of funding that come from both Department of Labor and USDA's Food Stamp Program that may provide the resources to administer the program. It's not to say that there are two distinct training programs, but whether there are two distinct Federal programs that have the requirement for employment and training. The actual delivery of the services may in fact be one program which is in most instances the case. Mr. Kingston. So there's not a duplication? Mr. Salazar. Not a duplication of services by any means. And you know, what we're doing is making sure that we're picking up the population, if not through the Department of Labor, we're certainly capturing them through the Food Stamp Program. Ms. DeLauro. What is regulation with regard to food stamps in able-bodied adults? Aren't they just eligible for a very restricted period of time, over a three-year period in which they're eligible for food stamps? Is that accurate? Ms. Johner. Yes. Three months. Ms. DeLauro. So they're only eligible to able-bodied adults---- Mr. Salazar. Without dependents. Ms. DeLauro. Without dependents--and this comes out of the welfare bill, I think, that was passed in 1996--are only allowed to receive food stamps for a three-month period of a period of three years. Quite frankly, it's one of the areas which we're trying to take a look at to see if there's anything that can be done about that---- HALLMARK/WESTLAND BEEF RECALL Let me if I can finish up with one or two more questions on the beef recall and I will then move on to some other areas. I'm interested in your views on liability, on the liability of Hallmark Westland in the recent beef recall. We face the possibility the Federal Government may have to make substantial expenditures to reimburse schools for expenses they incur related to the recall. The company was the entity that provided meat from downers to the Federal Government for the school lunch program. I understand that the company says that it is bankrupt, and I think yesterday in a hearing yesterday with the Energy and Commerce Center, the CEO of the company indicated that in fact downers did get into the food supply. They say that they're bankrupt, that it may not have the funds to reimburse the government. But setting that aside, what is your view of the company's liability to the Federal Government? Ms. Johner. Well, Madam Chair, I with all due respect I do think that that's out of my scope on that, because what we focus on is again to school lunch, make sure that they are safe and they're nutritious for our children and that they're getting the school lunches. So I guess I just feel it's out of my scope. Ms. DeLauro. Mm-hmm. Well, in terms of the job description, do you have a personal view as to what the company's liability in this regard, since the responsibility, actually it may be out of your scope, but the costs are going to be added to or come out of your budget, and ultimately it's going to come from the--you know, where do we go with regard to appropriations? I don't know if this budget request includes funding for reimbursement, for all of this effort, and so forth. You know, so where do we view the company has any liability here? Kate. Ms. Houston. Madam Chairwoman, I think not only is it out of the scope of the Food and Nutrition Service to comment on the issue of the liabilities, but I think it's also important for us all to remember that there is ongoing investigations underway and we need to wait for those investigations to conclude until we have all of the information to be able to make a full and accurate assessment. We are working closely with our sister agency, the Agricultural Marketing Service, to address the reimbursement issues, and I know that AMS will be pursuing all available avenues and legal options that are available to them in terms of seeking funds to cover their costs. Ms. DeLauro. This is what my hope is, is that when we do have some conclusion of a legal investigation about which you don't want to comment, that we might have a perspective from the agency and maybe from the Congress on what the liability of the company ought to be in this regard, or any company that is engaged in this effort. And after we find out what the investigation is---- Speaking of AMS, I want a quick question with regard to services, both from AMS and FSIS--from the commentary already, well let me put the question this way: How satisfied are you with the services you receive from AMS? And what could they have done to prevent this recall from happening? Ms. Johner. Madame Chair, I'll just give you my comments and then turn it over to Kate, since she was much more involved in that. I know from where I sat, we worked very closely together with AMS and FSIS. We had daily meetings. I mean there was true collaboration and I know at several levels there was a, you know, a strong working partnership. Ms. DeLauro. That was after the fact. That was after the fact. Ms. Johner. Right. As soon as we---- Ms. DeLauro. What's your view with regard to before, in terms of this happened under AMS's watch, it happened under FSIS's watch? You know, obviously it should not have. Was FNS served well by either FSIS or AMS in this regard? Ms. Houston. I think we have had a long-term positive working relationship with our sister agency, the Agricultural Marketing Service, and we've worked collaboratively with them, both before this incident occurred, and even closer afterwards. Obviously, as Under Secretary Johner has previously said, we will be taking a close look at all aspects of this recall to identify ways in which we can improve upon what we---- Ms. DeLauro. Do you have a process in place to check whether AMS is meeting your specifications for purchases again on such as testing requirement? Ms. Houston. We look to the Agricultural Marketing Service and rely upon them. Ms. DeLauro. Oh, you don't. And I don't know whether or not that's going to be part of your consideration in terms of what you have learned from this effort. It ought to be that both with regard to FSIS and AMS in this sisterly relationship, or brotherly relationship, whatever the characterization of the relationship is, that quite frankly that--what are they doing and how could this have been avoided both by AMS and FSIS? I think that that is crucial to what you need to know and what your oversight of these efforts has to be in order to carry out your mission. Ms. Johner. Thank you. WIC BUDGET REQUESTS Ms. DeLauro. I want to move on to WIC, if I can, and the 2008 request. I'll make a couple of comments and then a question. In 2008 the Department requested $5.4 billion for the WIC program. Participation food costs saw dramatic increases between the time the President's budget was submitted and the bill was enacted. Congress provided over $6 billion for WIC, which was about $633 million more the Department requested for the program. The Administration failed to acknowledge the increased participation in food costs for the WIC program. The President threatened to veto any bill that increased total spending levels above the ones set in the budget. Long and the short of it, the Administration was probably--everyone but the Administration really acknowledged that--of money that was there was not adequate to deal with 2008. Why did the Department not submit a revised budget request for 2008 when it became apparent that the request was not adequate to maintain participation in the program? Ms. Johner. Madam Chairwoman, our process is that we work off the projections, and at the time the projections and numbers that we had we believe is sufficient for WIC to be able to meet the need in WIC. Ms. DeLauro. In 2008 it was pointed to an increase. I understand the projections. My question is why when we had the facts before us that this was not going to be enough, satisfactory, then in fact what we would--any reason why you didn't ask for a revised budget request? Ms. Johner. Because we believed that the funding that---- Ms. DeLauro. You thought it was going to be adequate. Ms. Johner. It was going to be adequate. Ms. DeLauro. Well, then let me get to the 2009 request. The 2009 request again proposes to cap the amount available for grants and state agencies, nutrition service and administration expenses--are to the 2007 level. That's $145 million. The request also proposes to use the contingency reserve of $150 million to cover estimated participation and--costs program. Your testimony states $150 million is requested to replenish the contingency reserve to ensure that the essential food, nutrition education and health service remained available to all eligible women, infants, and children who need them. It's hard for me to understand--you're saying that you are replenishing the contingency reserve, if you anticipating using it in fiscal year 2009 to meet expected participation in food costs. You say, ``Should our estimates of program participation or costs prove too low, we have continued to protect program access for all eligible persons, a key objective of the President's contingency reserves.'' And ``this flexibility is essential to our ability to deal quickly and effectively with unexpected increases in food costs or participation as were experienced in fiscal year 2007.'' Yet you are proposing to use the contingency reserve to deal with expected participation and food costs. If you were going to deal with unexpected costs, that would be another $150 million. So I don't understand how you can say that we're going to be able to meet unexpected costs. Ms. Johner. We're going to have Kate give you a little bit more details on that. Ms. Houston. One of the advantages in this budget cycle to having use of the $150 million and the contingency fund up front is that it provides us some additional flexibility in getting targeted money to those who need it, in particular states, more quickly than we could otherwise if we had to go back and seek permission to use the contingency fund. The contingency is not subject to the standard allocation formula if we have it up front. So if we can identify specific needs in specific areas of the country, we can get money quickly to those state agencies. We see that as an advantage in a time when we know that there are pressing needs in terms of increased participation in the program and some fluctuations in food costs. Ms. DeLauro. But you're not providing any administrative costs, as well. So I mean the states are in a real fix here. So you got $145 million and no administrative costs occurring. Ms. Houston. We do have funding for administrative costs, Madam Chair. Ms. DeLauro. But contingency you don't pay administrative costs with your contingency. Is that correct? Or is that wrong? I mean I don't know, is that correct? Ms. Houston. Those funds can be used both to cover caseload and to the NSA cost, that's correct. Ms. DeLauro. What is your view of the word ``can''? They can. So it could just for food costs? It could be for both--it just seems that once again we're looking at how---- Ms. Houston. There's flexibility in the use of those contingency funds. So based on the specific circumstances of the State agency, whether they need to have additional funding support, either on the NSA side, or on the participant, the caseload side, that money can be used for either area of providing services. WIC PARTICIPATION Ms. DeLauro. I will say this. It sounds a bit like--I'm hoping that you won't be offended by this, but it sounds like it's a bit of a shell game here, you know, we're just moving the pieces. Ultimately we're coming down to the potential of a real short fall--if the costs go up, the participation rates go up. And also with regard to participation, I don't know how you explain the participation in WIC program will decrease in fiscal year 2009 from the October 2007 participation data. We're not looking--we had an increased rate from 2006 to 2007-- 2.4 percent, 2.8 percent projected, averaging 2.9 percent for 2009. We've got information or at least looking at the expectation of a rise here, but--it doesn't seem to make sense that we don't have some sort of a contingency fund available for 2009, if participation--as you currently--you expect participation to decrease. I don't see any---- Ms. Houston. I don't believe we expect participation to decrease. I think that our budget projects there to be a slight increase in participation in WIC, and the budget that we've submitted would cover all projected participants based on our current estimates. Ms. DeLauro. For October 2007 actual--and I'm just--was 8. 2009, it's 8. Ms. Houston. I think it's also important to recognize that there are fluctuations in participation levels across various months and quarters. Ms. DeLauro. And I understand that. And you know, it goes down, then it spikes, it goes down, and then it spikes again. We're in the down side and it would appear that the next tranche here is a spike, if you're looking at current patterns, or as I look at the chart. Ms. Houston. And our projected planning in terms of expected participation and funding requests does account for that. Ms. DeLauro. Will you provide a revised budget request if you find that your submitted request will not be adequate to cover participation, food costs for FY 2009? You did not do that in 2008. Ms. Johner. Madam Chair, we will continue to work closely with Congress and will continue, I assure you, to monitor this closely and when we find something, we will be working closely with---- Ms. DeLauro. Will you provide a revised budget request for us? Ms. Johner. At this point I can't tell you that. Ms. DeLauro. You can't say whether or not you're going to provide me with a revised budget request if the--what you don't have is adequate to deal with the increase of participation in food costs? Ms. Johner. We'll continue to work with you and we will continue to monitor this very closely, and we---- Mr. Steele. Well, Madam Chair, that we will have to work closely with OMB. We unilaterally cannot send up a budget amendment on our own. Ms. DeLauro. So it's an OMB problem here? Mr. Steele. Well, it's a combination of us sharing our estimates with OMB and OMB deciding. The President submits a budget amendment, not the Department of Agriculture. Ms. DeLauro. Right. Mr. Steele. So we will---- Ms. DeLauro. So it's OMB and the reason why we didn't get an increase, you know, we didn't get another budget request the last go-round in 2008 was OMB said no. Mr. Steele. Well, we will communicate our feelings to OMB. Ms. DeLauro. Communicate our feelings, as well, Scott. Mr. Steele. Okay. Ms. DeLauro. Communicate our feelings as well. Mr. Steele. I got the message. Ms. DeLauro. Well. Mr. Farr. FRESH FRUITS AND VEGETABLES IN THE NUTRITION ASSISTANCE PROGRAMS Mr. Farr. Thank you, Madam Chair, thank you for having this hearing. Food, Nutrition, and Consumer Services ought to be at the top of the triangle, the pyramid of the Department of Agriculture because it is what it's all about. And I think this committee has expressed over the years the real concern we have with obesity occurring particularly in children in America, and then this kind of warped concept of creating a distribution system for our commodity programs, but not for our specialty programs. And I'm pleased to see that in the newly updated WIC food packages, you'll soon provide vouchers for fruits and vegetables. Madam Chair, we're going to put some vouchers for food and vegetables, this is for the WIC program--for the past 30 years only carrots and fruit juice were included in WIC food packages. Now they're going to give an $8 voucher per month for women and $6 voucher per month for children to provide WIC recipients for any fruits and vegetables of their choice. What percentage of the entire voucher is then allowed to be spent on fruits and vegetables? One--question. Let me get an answer to that one first. Ms. Johner. That would be the entire, the voucher that's to be used for fruits or vegetables. And it's $10 for breast- feeding mothers. Mr. Farr. And when will that all be implemented? Ms. Johner. We're hoping, in, I think, in 2009? August 5 of 2009. And it's the latest date that they've given us. We just met with, or we kicked off a meeting with the WIC Association that were here this week, and they're working very hard together in partnerships at all levels to try and make sure that they can implement this. Mr. Farr. Do you have any incentives--here because she'd be asking this question--some of our farmers' markets are receiving, using WIC vouchers at the market, but there has to be a distribution of the vouchers on site. So if you show up in my area in Watsonville, California, you show up at the farmer's market and there's a little card table there with the people that give out the vouchers, and they--if your name's there, you get your voucher and you can use it in the farmer's market. I don't know whether the Department has done any active outreach to try to encourage that kind of process. Ms. Johner. Well, we do want to encourage our participants to---- Mr. Farr. Have you done anything like that with farmers' markets? Ms. Johner. Farmers' markets--but we are working on improving that, and we can probably get you something as to what we are doing. Mr. Farr. Yeah. I'd like---- Ms. Johner. Because that's an important component for us. Mr. Farr. Would you also include how you could receive food stamps at farmers' markets? Ms. Johner. They can use their EBT---- Mr. Farr. That seems to be an issue, so how we could---- Ms. Johner. We could also add that in there too of what we're doing. [The information follows:] FNS supports multiple options that allow farmers' markets to accept food stamp EBT benefits efficiently and securely. Between 2006 and 2007, the number of farmers' markets participating in the Food Stamp Program increased by 22 percent from 436 to 532. Farmers markets redeemed more than $1.6 million in food stamp benefits in 2007. Promising practices related to the use of food stamp EBT are available at http://www/fns/usda.gov/fsp/ebt/ebt_farmers_markstatus.htm. There are no legal hurdles associated with placing EBT machines into farmers markets; however, there may be logistical hurdles. Specifically, many farmers' markets do not have electricity and/or phone lines necessary to support regular EBT Point-of-Sale (POS) devices. To help farmers' markets adapt to the EBT environment, alternative redemption systems were developed. FNS approves demonstration projects that use alternative forms of food stamp benefit issuance, including scrip, tokens, and receipts, in conjunction with EBT. Recipients exchange EBT food stamp benefits for scrip or tokens to purchase produce and other eligible food products at individual farmer stalls in a farmers' market. Additionally, as wireless technology has improved, more markets are taking advantage of it. The major hurdles to using wireless technology are equipment and maintenance costs and transaction fees. Often, these costs are born by the markets themselves or by the organizations that sponsor the markets. Markets leverage grants (such as Agricultural Marketing Service grants or those from private foundations such as the Kellogg Foundation) and their affiliations with organizations such as the State Farm Bureau to reduce costs. The added advantage of wireless POS for farmers is that they run commercial debit and credit as well as EBT transactions. Commercial transactions help justify and off-set the cost of equipment and processing. Mr. Farr. Okay. Part of the food stamp nutrition education program encourages education about fruits and vegetables, but I understand that this focuses only on the underserved population. In fresh fruits and vegetables--in some schools offer free produce to students so that they can be exposed to fresh fruits and vegetables. The Farm Bill is going to determine how many schools in the future--the schools are now requiring--in California they required each school district to come up with a nutritional program for feeding their schools. It's sort of getting rid of all the coke machines and trying to get other kinds of vending machines--fruits and vegetables, fresh fruits and vegetables can be now sold in vending machines. But these wellness policies receive some USDA lunch reimbursements. I just wondered what progress has been made on the fronts at the local level, given the important role of fruits and vegetables can play in reducing the risk of obesity and other chronic diseases. Do you have any outreach or education program at the entire population level through expanded work with the media and health professionals? Ms. Johner. Actually we're doing, Congressman, we're doing quite a bit out there with Center for Nutrition Promotion and Policy. We have a national, well, pyramid--we have Dr. Brian Wansink who has just joined us a few months ago and he is working very hard in promoting the My Pyramid, and coming up with other Federal tools that the schools and others can use. I do know in the school nutrition programs, they have many things that they use to help train the menu planners, the nutrition directors on how to use more fruits, vegetables, and whole grain. Mr. Farr. Would you share that outreach program with us? Ms. Johner. Sure. [The information follows:]
Mr. Farr. And is it done bilingually? Ms. Johner. Yes. They do have--I'm sure they have something that's done in some Spanish, especially for the instructors. Mr. Farr. What--I mean what I'm really curious the bottom line here is what is the Department doing to take--I mean we've--this obviously the nation knows we need to have a diet of more fresh fruits and vegetables, and as the leading advocate for the United States Government Food and Nutrition program, you're the lead advocacy agency, and I'm very interested in what is the agency doing? What is the Department doing to really encourage consumptions of fruits and vegetables in all populations? Not just WIC and mothers---- Ms. Johner. Congressman, we have in our proposal for our-- in our Farm Bill we have $500 million over ten years for increasing fruits and vegetables through the school lunch programs because we serve 31 million school children a day. So we thought that that infrastructure was already in place to be able to get that out there. Mr. Farr. $500 million and what do you use that money for? Ms. Johner. For fruits and vegetables--in the school---- Mr. Farr. To buy them? Ms. Johner. Through the domestic nutrition assistance programs. But we would have 2.7--I'm sorry let me just go back--$2.75 billion through the nutrition assistance programs, and that would go through TEFAP and food banks and others. And then the $500 million was separate, that would go through the schools. And that would be money that they would be able to buy fruits and vegetables to be able to serve that in the school breakfast and the school lunch program. Mr. Farr. That's not a lot of money for all the schools in the United States. Ms. Johner. Well, it was in addition to what we already have in place. Mr. Farr. Well, could you pull out those budgets they're used for? Ms. Houston. Mm-hmm. Mr. Farr, we have obviously fruit and vegetable increasing fruit and vegetable consumption is a key priority of the nutrition and consumer services, particularly given that the 2005 dietary guidelines recommended increased fruit and vegetable consumption. We have a comprehensive strategy that combines work both in the Food and Nutrition Service working through our nutrition assistance programs, where we have an opportunity to target information, nutrition education, as well as benefits to millions of Americans every day, as well as information and nutrition education that is targeted to the general population through the Center for Nutrition Policy and Promotion. And we'd be happy to provide you a list of the full range of efforts that are ongoing within FNCS to develop plans for promotion of fruits and vegetables. Mr. Farr. The Committee would like that very much. Ms. Houston. It's an extensive list and we'd happy to provide it. Mr. Farr. Who buys the food? We have a--as I understand it, the food that is provided for school lunch--breakfast is all bought through a military depot in Philadelphia. Because the military buys the most food and we piggyback on those resources. Who in the Department of Agriculture is responsible for deciding to be involved in that acquisition program? Is it your department? Ms. Houston. About 15-20 percent of the food that's provided for the school lunch program is acquired through the Department of Agriculture in the form of commodity entitlements. Of our commodity entitlements, we are required by law to spend not less than $50 million for the purchase of fresh fruits and vegetables, and not less than $50 million per year. What FNS has done is contracted with Department of Defense through the procurement division in Philadelphia. They are then responsible. We give them the $50 million---- Mr. Farr. So it's your services, your agency that does that? Ms. Houston. Correct. We contract with the Department of Defense who then procures fresh fruits and vegetables and provides delivery to state agencies, who have chosen to receive a portion of their commodity entitlement in the form of fresh fruits and vegetables. Mr. Farr. Could you give the percentage of breakdown compared to the commodities of how much of that fresh fruits and vegetables is the percentage of the total acquisition? Ms. Houston. We'd happy to get you that information. Mr. Farr. Because I believe it's going to be very, very small. Ms. Houston. It is a relatively small amount of the total of commodity purchases. It is not--however I will also make the comment that we're just talking about the fresh fruits and vegetables in terms of the DOD procurement angle, not all fruits and vegetables. Eighty percent of food is procured at the local level directly by schools, and there are additional fruits and vegetables that are also secured in that manner. [The information follows:] Based on 2007 levels, we estimate the USDA will make over $350 million in direct purchases of fruits and vegetables for distribution in the nutrition assistance programs under the President's 2009 budget request, including over $50 million purchased through the DoD Fresh program. This represents 40 percent of the funds budgeted for commodity purchases in FY 2009. In addition, we anticipate that program providers will use over $3 billion to purchase fruits and vegetables for the Child Nutrition Programs, and that nearly $8.5 billion in funding for Food Stamps, WIC, and the Farmers' Market Nutrition Programs will support participant purchases of fruits and vegetables in the marketplace. All told, we project that under the President's budget, FNS programs will provide over $11.5 billion in 2009 in support of fruit and vegetable consumption. But we are taking additional action to maximize the results of this investment in increasing consumption for children and others, such as:
Updating the WIC food packages to better reflect the needs of current participants--including the addition of fruits, vegetables and whole grains; Offering free fresh and dried fruits and vegetables to students in 8 States and in 3 Indian tribes as part of the Fresh Fruit and Vegetable Program; Publishing Fruit and Vegetables Galore, a Team Nutrition guide that helps schools offer and encourage consumption of a variety of fruits and vegetables through the school meals programs; Conducting national nutrition campaigns such as USDA's Team Nutrition and Eat Smart. Play Hard. that promote fruits and vegetables as part of a healthy lifestyle through motivational and behavior-oriented messages and materials, including the new MyPyramid for Kids; and Expanding the HealthierUS Schools Initiative, which supports and recognizes schools that seek to improve their nutrition environment with better school meals, nutrition education in the classroom, and more healthful eating and physical activity choices throughout the school day. To date, about 200 schools have been recognized. Proposals offered by USDA in the Farm Bill reauthorization process to further strengthen the nutrition assistance programs in delivering and promoting consumption of fruits and vegetables: $100 million, 5-year competitive grant program to address obesity through the Food Stamp Program, including a test of the impact of food stamp incentives to encourage fruit and vegetable purchases; An increase of $50 million annually for the purchase of fruits and vegetables for school meals; and An increase in the overall Section 32 fruit and vegetable purchase minimum to $2.75 billion over 10 years. Mr. Farr. And schools can't get food from the food banks, I understand. Ms. Houston. That is correct. Ms. DeLauro. Mr. Farr, just an addendum, and I won't--but to let you know that the President's budget does not request funding for the state management information systems. That has to do with how we do implement the new food package changes. My understanding is that is where the states are going to get those funds to deal with those changes--packages, especially if the cap is enacted as requested in the budget. And again, those MIS funds in my view, are needed. Mr. Kingston. FOOD STAMP PROGRAM Mr. Kingston. Thank you, Madam Chair. Madam Secretary, are food stamps intended to be the difference between what a recipient household can afford for food out of their own pocket and what they need? Ms. Johner. It's supplemental. Mr. Kingston. It is a supplemental? Ms. Johner. It's a supplemental. Mr. Kingston. Now, we've had a number of people take the food stamp challenge, and it's a little bit misleading when they say this lasts for 2\1/2\ weeks out of the month. What are you doing to educate people that the intent is a supplemental? And I know that, you know, like social security is supposed to be a supplemental, but it is not a supplement for all people. So I mean you know somewhere between the real world of--some people are using it for their higher budget of food, and yet the intention is different. So what are you doing to engage in that discussion? Ms. Johner. Well, Madam Chair and Congressman, one of the things that again we try to look at what is out there. When I talk about the community and the state partnerships, I know people get tired of hearing me say this, but it truly is again going back into their backyard. We work with--we ran into this organization that's really great, it's called Angel Food Ministry. And again, that's partnering with this, is a non- government entity, 501(c)(3). They serve over 550,000 a month, and they have a food box like you wouldn't believe. And they focus a lot on protein because they know like food banks and sometimes families can't afford meats, cuts of meats. And for $30, you can buy this box that can last up to a month for an elderly person, or up to a week for a family of four. And they also take food stamps. And that's one of the things we're working very closely with them, and how do we partner with other folks like that, to be able to help with the needs of the community. Mr. Kingston. But when people take the food stamp challenge and they go, you know, telling folks that it's not enough, I don't know that the USDA is saying, ``You're correct, it is not enough, because that's not the intention of it.'' Are you doing that? Ms. Johner. Supplemental. Mr. Kingston. Are you doing that? Ms. Johner. Yes. We try to do that. It doesn't get out as much as we would like for it to get out, but we do have different programs. We have--like in the food stamp program, the nutrition education, loving your family and feeding their future. It's to help people learn how to cook and to stretch that dollar, and still make nutritious meals, and . . . Mr. Kingston. Okay. Ms. Johner. So we try to get the word out as much as we can. FOOD STAMP PROGRAM CATEGORICAL ELIGIBILITY Mr. Kingston. All right. And something else that you can answer for the record, but in terms of the automatic eligibility on food stamps, some people receive TANF and yet there really are different eligibility requirements. But often some states if you're on TANF you can be on food stamps, where there's really a different threshold. What are you doing to address that? And you may want to answer that for the record if--because you have some questions, right? Okay. That would be one of--that's a question that I'd like you to examine for the record. And then--I don't want to deny you; I can answer that. Ms. Houston. Well, we can provide you more information for the record, certainly. But under current rules, individuals who are participating in the TANF program are categorically eligible to receive food stamps. We have proposed to the Administration to say that those participating in TANF must be receiving cash benefits in order to be categorically eligible for food stamps. Other TANF participants who are not receiving cash benefits would of course be able to apply for the benefit, that's for the food stamp program---- Mr. Kingston. Yes. Ms. Houston. And if they were eligible for the benefits, they would be able to participate. Mr. Kingston. How much money do you think you're losing because of that automatic eligibility? Do you have any idea? You can answer that---- Ms. Houston. I don't have the estimate in front of me, but we'd be happy to provide that projection. [The information follows:] The cost of allowing participation in a non-cash TANF funded program to confer categorical eligibility for the Food Stamp Program is estimated to be $1.3 billion over 10 years. HEALTHIER U.S. SCHOOLS CHALLENGE Mr. Kingston. That's fine. But let me ask you, Ms. Johner, Mr. Farr's question about school nutrition and fruits and vegetables, as you may know, Ms. DeLauro and I on a really bipartisan basis put in some report language last year about USDA school nutrition programs and the Department of Education, physical education program, better tracking and better communication and tying into exercise with the proper dieting. Do you have something to report to us on that? Ms. Johner. And that's what I think we're talking about the HealthierUS School Challenge and things. So again, Kate was over that program and I know she'll have more details for you on that. Mr. Kingston. Do you want to answer that for the record, because we would love to hear some good progress. Ms. Houston. Sure, I'd be happy to provide information for the record, but I will tell you that we have reached out to other departments with some jurisdiction over education and physical activity. We have been in the process of updating our standards for the HealthierU.S., which is a voluntary school challenge for improving both the nutrition environment and physical activity in schools. We've been working closely with the Centers for Disease Control and Prevention on those revised standards. [The information follows:] FNS supports efforts to improve the health and fitness of our program participants consistent with the Dietary Guidelines for Americans. While the agency's education and promotion efforts focus primarily on healthy eating in alignment with its nutrition mission, FNS's policy is to integrate physical activity into nutrition education materials and initiatives for the nutrition assistance programs at both the national and State levels. As a result, FNS program-based nutrition education efforts also encourage physical activity for program participants from preschoolers to older adults as part of an overall ``healthy lifestyle''. FNS supports and encourages its program partners to integrate physical activity into program operations and settings. For example, through the HealthierUS School Challenge and technical support for school wellness policies, FNS encourages schools to voluntarily implement policies and programs that promote both healthy eating and physical activity. In the same vein, competitive grant awards have been used to develop and support replicable strategies to better promote healthy behaviors in WIC. FNS also works in partnership with other Federal and non- governmental groups to address barriers to physical activity including program, policy and environmental issues. For example the agency is a part of the Centers for Disease Control and Prevention's Nutrition and Physical Activity Work Group, a team of national, State, and local public health and education partners that seek to advance implementation of comprehensive nutrition and physical activity programs. FNS has also collaborated with other Federal agencies to formulate a Memorandum of Understanding to Promote Public Health and Recreation such as Kids in the Woods and outdoor activities in the Nation's parks. FNS also participates in activities coordinated by the Department of Health and Human Services in support of development of the Physical Activity Guidelines for Americans. Mr. Kingston. Yeah. Tell us some good stuff, and I think we would like to put that language back in the bill this year, and we're going to continue to push that. I don't want to speak for the committee, but I think that would probably be their consensus. Ms. DeLauro. I think we would. I'll make a quick comment, and I'm going to try to do one or two very short questions because we have to vote. FOOD STAMP PROGRAM On the food stamp program, the eligibility, as I understand it, is 130--poverty. That's people probably making about $12,500-something, around that amount of money. The average first-quarter benefit per person per month is $101. If you just take days or months, meals per day, meals per month, we're talking about the average benefit per person per meal is about $1.13. Warren Buffet is not getting the benefit of the food stamp program. These are people that are 130 percent--poverty, and the benefit and my hope is that in the Farm bill, if we ever get a Farm bill--and I don't know where you think we are on that, but that in fact what we can do is to raise that standard benefit, and also to be able to index that food stamp benefit to inflation, which ended in 1996--and Jack, in terms of being bipartisan under a democratic Administration, I might add, to cut out the indexing to inflation with regard to the food stamp benefit. $1.13 per person per meal. The Farm bill, the nutrition title--the House and Senate had passed a Farms bill. Where do you think we're going to end up on this? Ms. Johner. Well, I think we got word yesterday that there was an extension on that, and so we're still hoping that---- Ms. DeLauro. Well, my hope on that---- Mr. Kingston [continuing]. Only until April 15th. Ms. DeLauro. Yeah. Mr. Steele. No, it's a 33-day extension. Ms. Johner. Thirty-three days. Ms. DeLauro. Well--my hope on that. I'll be very clear. And Jack I hope you--this as well, is that we asked for over the ten-year period $11.4 billion. That would include this fruits and vegetables snack program. It includes TEFAP, it includes the food stamp program, it increases the benefit, and it also starts to talk about the indexing and the asset levels. In comparison with everything else in that Farm bill, this is probably one of the smallest areas. I'm asking you to advocate, to really advocate for that money not to be dropped as we move through this process of a conference. The House put it there, the Senate has been less generous on nutrition, but I'm hoping that the Administration, as they are requiring and demanding some other efforts, will demand that the nutrition levels stay where they are. And I'd like your commitment on helping us to do that, Madame Secretary. Ms. Johner. Well, this nutrition title is an important program. Obviously it's the safety net for the Americans who are hungry. So this is an important for us. An important piece of legislation that . . . Ms. DeLauro. Aggressive advocacy is what we need at this time. Mr. Kingston. I have to say this to my good friend, Rose, and my good friend---- Ms. DeLauro. We have four minutes. Mr. Kingston. I think she's far more in your camp than mine on some of these issues. So let me just say---- Ms. DeLauro. Amen, brother. [Laughter.] Mr. Kingston [continuing]. With affectionate suspicion---- Ms. Johner. Hey, I'm coming to see you after this. Thank you so much. Ms. DeLauro. Can't run off. We're going just to recess here for the moment. [Recess.] Ms. DeLauro. I'm waiting to have another member. We had Mr. Kingston--had to just step out earlier, which was what allowed me to move forward without there being enough members, but we left. Can you hear me now? Oh. Okay. Thank you, my friend. We make you crazy! We will reconvene the hearing. And I want to say a thank you to the Madam Secretary and to our other guests for your patience. As Mr. Farr just pointed out to me, the same thing is going on pretty much in committees all over, just trying to get through a number of these hearings at the same time. Let me yield to you, Mr. Farr. FRESH FRUIT AND VEGETABLE PROGRAM Mr. Farr. Thank you. I apologize. Across the hall the same thing is happening. Only two people are there, and you can't have a hearing without at least three people. In 2008 we provided authority for the funding to expand the fresh fruit and vegetable growth program to all states, and many of those states were not already served by the authorized prior. I wonder if you could tell the committee what is the timeline for implementation of the national fresh fruit and vegetable program? Ms. Johner. Yes. We can provide that. [The information follows:] FNS is committed to implementing the expansion of the Fruit and Vegetable Program (FFVP) authorized under the fiscal year (FY) 2008 Consolidated Appropriations Act (P.L. 110-161). FFVP was first authorized as a permanent program under the Child Nutrition and WIC Reauthorization Act of 2004 (P.L. 108-265) with annual funding of $9 million for 8 States and 3 Indian Tribal Organizations. The FY 2006 Appropriations Act (P.L. 109-97) appropriated $6 million to expand the program to 6 additional States. The FY 2008 Consolidated Appropriations Act provided $9.9 million to expand the program to all remaining States, and also allocated $3.4 million of recovered FFVP funds to allow the non-permanent States to continue their FFVP operations. Funds for operation of the FFVP will be made available to new States on July 1, 2008, and will be available through September 30, 2009. This will allow all States to begin operation of the program in School Year 2008-09. Beginning in early February 2008, USDA conducted regional conference calls with State agencies to provide information on FFVP procedures, operations, and oversight responsibilities and provided a question and answer session during the calls. Each new State received a written summary of the information provided through the FFVP calls, including guidance materials and sample forms. In addition, all FFVP general information, guidance materials, sample forms, and resources for participants are available on the Child Nutrition Programs Website at: http://www.fns.usda.gov/ cnd/FFVP/FFVPdefault.htm. Mr. Farr. And getting it implemented in all states? Ms. Houston. We have already begun our implementation efforts to make the program nationwide. We've held a series of conference calls with the state agencies who have not currently participated, who have not previously participated in the program. We are also working to establish some technical assistance between states that have previously participated in the program and new states, so that we can do some information exchange on best practices. Mr. Farr. I mean what is your priority here? I mean just, personally, in the committee this is the thing I think that frustrates us all. That we read the title of being nutrition, and then we find that we're really essentially have a way of dispensing commodity products, which are not fresh fruits and vegetables. They're the products that distort them, or put in silos. Grains, beans, corn. Commodity program--also rice. For instance cotton. We don't eat cotton. But then we have these other support programs for peanuts that are in sugar. And so it seems to me that what we unload in our feeding programs is all those things, because we're involved with supporting those commodities. We package them; we store them; we own these things, and we have to get rid of them. We have never provided any kind of subsidy for fruits and vegetables, so it's just market-driven. And yet all the advice we get here in this committee is that we need to shift the dietary eating habits. I mean it's very hard for people to change their ways, but with all the dietary programs and concentration on the healthy person is changing the diet of America. And people are demanding these things. And fresh fruits and vegetables have learned how to package their goods; they should keep lettuce in a bag for considerable amount of time; you can put carrots and things like that, and they serve them as packages on airlines. And the fast food chains are now putting all in salad bars, because that's what the customers want. What seems to be lacking here is a voice in the Department of Agriculture, because you don't really deal with the politics of fresh fruits and vegetables. It's just outside the system. And yet the one area that claims to be responsible for them is the department that has the title nutrition on it. And I think that this frustration is that there's no advocacy out there, strong advocacy to say that we ought to equalize the consumption of the whole gamut of fresh fruits and vegetables with what we've done initially with the commodity program. We're going to have to do it. It's what has to be in the diets of other persons. Why can't the government be this advocate and be more of a promoter of getting--rather than having it mandated by Congress on a piecemeal basis award? I mean you got to point out as part of your nutrition evaluation of what's happening. And we're the program. We spend a lot of money determining on what is nutritious to eat, and then we don't buy what we tell people they should eat. And that's the frustration that I have with this committee. And you're the agency that comes here every year with the responsibility to get nutritional into all the public places. Ms. Houston. I think we are working extremely hard to increase consumption of fruits and vegetables in our programs. We're currently spending over $10 billion a year in our nutrition assistance programs on fruits and vegetables. Mr. Farr. Out of 52 billion, about? Ms. Houston. In addition, we have some aggressive farm bill proposals to increase fruit and vegetable 2.7 billion over 10 years. We're proposing to increase spending in Section 32 for distribution of fruits and vegetables to our nutrition assistance programs. Additionally, we are proposing to spend an increase in $50 million a year on fruits and vegetables for distribution through the National School Lunch and Breakfast Programs. COMMODITY ENTITLEMENT PURCHASES Mr. Farr. Can you explain why last year you spent $70 million on mozzarella cheese and about $6 million on lettuce and tomatoes? Ms. Houston. There are about 180 different commodity entitlement foods that are available for schools, and it is the school that makes the decision as to what commodity entitlement they select to purchase from the department. So while we make a variety of foods available that include fruits and vegetables, we are working with schools to try to encourage them to select some of those more healthful options that are available to them. But I think it is important to recognize that the decision in terms of what commodity entitlements are selected are done at the school level, not at the department level. Mr. Farr. But there are advantages to selecting the commodities, because they are--we have them. Right? I mean when it's cheaper, and it's traditional, and the delivery service is there it's easier to serve pizza then it is to serve fresh fruits and vegetables or salad. Ms. Houston. We have nutrition standards for school meals that are required to be met at the local level, so whether-- depending on whatever the meal that's served is and the composition of the foods that make up that meal, combined they must meet those nutrition requirements. So it is incumbent upon schools at the local level to be selecting a wide range of foods, including fruits and vegetables that would make up a nutritional meal pattern. Mr. Farr. Right. But my point, and you'll see it when you start putting the data together, that the percentages of fresh fruits and vegetables compared to everything is really low and paltry. And so the voice is loud; the action in buying and implementing and distributing is very weak. Thank you, Madam Chairwoman. DIETARY GUIDELINES FOR AMERICANS/MYPYRAMID Ms. DeLauro. Thank you, Mr. Farr. Ms. Johner, if you don't mind, let me just follow that up on that, because I think--the budget request includes $2 million for data collection and analysis of the fourth nutrition and dietary assessment. Now the third assessment was released in November of 2007 and found that many schools are still not serving lunches that meet current USDA standards. Our USDA began working with the Institute of Medicine, IOM, last November on recommendations for updating the meal pattern based on the 2005 dietary guidelines. Let me just--if you can answer--let me lay out these three or four questions. Why did it take the USDA two years to begin working with the IOM on updating meal pattern based on the 2005 dietary guidelines? When do you think the IOM will issue a recommendation for the child nutrition program? What guidance are you providing the schools that need time for updating meal patterns based on the 2005 dietary guideline? What percentages of schools are currently serving meals based on the 2005 dietary guidelines? And to get to Mr. Farr's comment, what enforcement does FNCS have to make sure schools serve meals based on those 2005 dietary guidelines. If we can, why did it take two years? When do we think we're going to get their recommendation? Ms. Johner. Given the complexity of what we needed to produce--we wanted to make sure that we had it at the end. We had started with it, and yes, it did take two years because of, again, I have to go back that it was very, very--it's a balance that we have to find, that we want to make sure that we have the best product, but at the same time we want to know that it's going to impact the children and the school system. So that's when we decided that we probably needed to have IOM come in and give us recommendations, because they did such a great job with the WIC we packaged. We probably should have done that sooner, but, you know, we didn't. And so, but we decided that this--I don't think we knew how complex it was going to be when we first began. Ms. DeLauro. When will they issue their recommendation? Ms. Johner. Well, we're looking at 18 to 24 months from the time we contracted with them in November. That's the timeframe, so about 2010. And the guidance--I know that we're doing some guidance on that, and I will let Kate give you a little bit more detail on that. Ms. DeLauro. Kate, with the guidance, what guidance are you giving folks at the moment? What percentage of schools are currently serving meals based on the 2005 dietary guide? Ms. Houston. Recognizing that there is going to be some time delay until we can issue the new meal pattern requirements we did think it was incumbent upon the agency to provide as much guidance and technical assistance as we could to school districts so that they could do the best that they could to meet the new 2005 dietary guidelines. What we have initiated, and the first of these pieces of guidance went out I believe last week, is to do a series of facts sheets for school food service authorities at the local level on how they can incorporate the dietary guidelines into their existing meal patterns. Ms. DeLauro. Can we get copies of that? Ms. Houston. We can send those out in short order. The first one that I just released is on low fat milk. We plan to follow up with fact sheets on a host of issues, including incorporating more whole grains, reducing sodium, reducing fat levels, et cetera. [The information follows:] Ms. DeLauro. Do you have any sense of what schools are currently serving meals based on the 2005 guidelines? Ms. Houston. I don't have the information, but we can get you that, unless--Phillip, pass that up to me, please. According to our SNDA study we do have some work to do to make sure that all schools are meeting the existing meal pattern requirements. Ms. DeLauro. Do you have any data there that tells you what the percentages are at the moment? And if you can't, please get it us? Ms. Houston. Sure. Why don't we send you a comprehensive report of our SNDA results. [The information follows:] Based on information from the 2004-2005 school years, most schools (over 70 percent) served meals in the National School Lunch Program (NSLP) that met standards for many nutrients that contribute to healthy diets, including protein, iron, calcium, and vitamins A and C. NSLP participants consume more of 6 key nutrients at lunch than nonparticipants. But very few schools (6-7 percent) met all nutrition standards. This is primarily because most meals served contained too much fat, too much saturated fat, or too few calories. Significantly, most schools offered the opportunity to select balanced meals, but few students made the healthful choice. In 9 of 10 schools, a knowledgeable and motivated student could select items for a low-fat lunch, but most students took such lunches in only 2 of 10 schools. A summary of the School Nutrition Dietary Assessment-III is available on the FNS Web site at http://www.fns.usda.gov/oane/MENU/ Published/CNP/FILES/SNDAIII-SummaryofFindings.pdf. Ms. DeLauro. Okay. What enforcement do you have to make that schools are serving meals that meet guidelines? Ms. Houston. Certainly we work with our state agencies on doing random reviews. Ms. DeLauro. What's the enforcement mechanism? Ms. Houston. Well, the first thing that we do is we provide technical assistance. If we have persistent problems and schools are not working with us, obviously those meals are not eligible for reimbursement. But before we would go down that route we would---- Ms. DeLauro. Have you ever done that? Ms. Houston. Yes. We have. Ms. DeLauro. And you were saying before you go down that route you will? Ms. Houston. We provide technical assistance working through our regional offices, and also in coordination with the state agencies, so that we can help school food service to improve the nutritional quality of meals. And of course there are the standards that they are required to meet by law. Ms. DeLauro. How many times have you denied reimbursement? Ms. Houston. A handful. Ms. DeLauro. One hand? Ms. Houston. We can get you follow up information of the specific circumstances. [The information follows:] FNS is committed to administering the nutrition assistance programs at the highest standards for program integrity. State agencies are responsible for evaluating compliance with National School Lunch Program (NSLP) meal element requirements (food items/components, menu items or other items, as applicable) during Coordinated Review Effort (CRE) administrative reviews, and, potentially, for recovering any improper reimbursements. NSLP regulations require State agencies to review every School Food Authority (SFA) at least once during a five year review cycle. State agencies observe meals being served on the day of the review to determine if meals are complete, and review menu and production records for a prior review month to determine if meals claimed for that month contained all required meal elements. State agencies must establish a claim for recovery of reimbursement paid for any incomplete meals served on the day of review or during the review month. During School Year 2005-2006 (the most recent data available) 1.2 percent of meals observed on the day of a CRE review and 0.15 percent of meals served in a CRE review month were found to be incomplete. The total reimbursement associated with these incomplete meals was approximately $211,000 resulting from reviews conducted in 6,170 schools (an average of about $34 per school). The actual amount recovered by States was likely less than this, as State agencies are allowed to waive recovery when the total claim from a CRE review for all non-reimbursable meals identified in an individual SFA totals less than $600. Ms. DeLauro. That would be great. Mr. Hinchey. SIMPLIFIED SUMMER FOOD SERVICE PROGRAM Mr. Hinchey. Thank you very much, Madam Chairwoman. I appreciate all the attention that you bring to this issue. And I thank you very much for being here and giving us the opportunity to work with you and find out a little bit more about what's going on with some of these important issues. The Simplified Summer Food program is something that we were able to incorporate in the OMNIBUS appropriations bill last year, to provide additional funding for a program that is very much needed. And just to give an indication of what it is and how much is needed, this food program has been around since 2001, and in those states where it has been operating effectively the number of people participating in it, children participating in this summer food program, has grown by almost 45 percent. And the several states that were not included the number that are participating in it has been reduced, cut back by almost 15 percent. So you have approximately 17 million students who are served by free and reduced lunch during the school year. That's how many get it during the school year. But when the school year ends that number is cut back to 3 million. So the reason the simplified summer food program is so important is because you have 14 million kids who are not getting the breakfast, and particularly the lunches, at least, that they normally would get during the course of the school year. Now this is something that we need to focus our attention on. One of the things that we know is the amount of people who are living in poverty in this country is growing. It's up now around 27 million. And the number of young people who are suffering as a result of malnutrition, even the loss of life in this country as a result of malnutrition among young people-- and I'm starting to get so excited about it as I mention it, but I just can't help it. You know, it's just something that is very serious. So I'm wondering what we're doing, what is the USDA doing through regions or through the national office, locally or nationally, to educate about the program and to attract sponsors into it. How many people have been notified? Ms. Johner. That's an excellent question. And I know that the summer food service program is also an area of emphasis of mine. One of the things that I have done last year is we tried to get top level officials to go out and kickoff the summer food program to get more attention to, more media attention. But our regional folks are starting to work on this, usually in the December/January months, because you have to have these people sign these sites, ready to go, so when school's out it's ready to go. But I know on the simplified piece, we've issued notification and guidance to all states' agencies regarding the process. That was done in January, January 2nd of this year. All seven regional conference calls we've had with our seven region offices. We've had conference calls with the state agencies making sure we're explaining the process or the change. We want to answer any question, and again working in partnership and collaboration with them. And then we also want to share best practices, because I think some areas are a lot stronger than others. Mr. Hinchey. Okay. Ms. Johner. And so we've also updated our handbooks and our Web site. And this is a big area of concern of ours too, because that is a stark--it's a difference between when the school year is going on and the summer needs, so we know that those kids are not getting---- Mr. Hinchey. Well, I appreciate that very much. And I appreciate your background and history this. You know, the Health and Human Services back in Nebraska, you had a lot of good work to do. So I don't doubt that you're really focused on this. But we're just facing a situation now where the President has recommended dramatic cuts in his budget on this program. So I'm wondering--you probably can't give us the number now, but I'd like to know how many people have been notified. How many people have been notified? How effective is this outreach program that you just talked about? And when we know how many have been notified then we'd like to know who remains to be notified. Who is it out there that hasn't been notified who needs to be paid attention to? And what can we do to do a better job to get this word out? This is something that I'm sure that our Chairwoman is going to paying attention to, as she always does on these critical issues. But we'd like to have your advice on this too, because you're directly involved in it on a daily basis. Has the web site--you said the web site has been updated? Ms. Johner. Yes. We've updated handbooks and the web site. Mr. Hinchey. And has that update been done in way to reflect the change in the program, notify people about the change in the program? And to what extent has that been done, and how has it been done to draw attention to the change in the program? Ms. Johner. Yes. It has been updated, and we can add that to the report that we'll be sending to you on the other information. Mr. Hinchey. Do you know? Mr. Salazar. We take a number of best practices, Congressman Hinchey, to ensure that both potential participants are aware of summer sites, and well as potential sponsors. Obviously we go through a process of recruiting both sponsors and sites early in the year before summer starts so that those sites can be established and identified, so that we can promote them. We encourage the states to continue the best practice of notifying parents and children in school before school is out where those summer sites will be through the summer months, because that's our best opportunity to capture that audience, while they are still in school, before they leave. One of the remaining challenges of feeding children in the summer is that they are not captured everyday in one site as they are during the school year, and so our ability to reach them becomes a challenge in terms of congregate feeding. We continue to see a steady increase in the number of meals served and children served every summer because of our continued outreach efforts. Mr. Hinchey. Okay. All right. So I'd just thank you very much, and I'd like to just follow up with this. If you could provide us with that information--I'd just like to know how this program is working. It's obviously because of the negative results that we're receiving this is something that's very important. Whatever you can tell us about it will be very helpful. Thank you very much. Thank you, Madame Chairwoman. [The information from USDA follows:] FNS is committed to expanding the Simplified Summer provisions of the Summer Food Service Program (SFSP) authorized through the 2008 Consolidated Appropriations Act (PL 110-161). The Act made the Simplified Summer provisions nationwide effective January 1, 2008, by adding the 24 States not previously authorized. The Simplified Summer procedures enable SFSP sponsors to receive reimbursement based on the number of meals served times the maximum combined administrative and operations reimbursement rate. Previously, sponsors were required to submit cost documentation used by States to determine reimbursement. Additionally, reimbursements can now be used to pay for any allowable operational or administrative expense, whereas previously the reimbursements could not be intermingled. FNS has updated the SFSP Web site and online materials, and has asked State agencies to do the same. We have also encouraged States to incorporate the new program flexibility into outreach efforts. Both community sponsors and school systems see the development as a significant reduction to administrative burden, by allowing more time to be spent on support and outreach activities for families and children. The Child Nutrition and WIC Reauthorization Act of 2004 required FNS to evaluate the Simplified Summer provisions. The evaluation, published in April 2007, found an increase in sponsors and meals served during 2001-2006 for the 26 States and the Commonwealth of Puerto Rico that were then authorized to operate under Simplified Summer procedures. States not authorized to operate under the Simplified Summer provisions showed a decline. In addition to the Simplified Summer provisions, the FNS has been promoting the Seamless Summer option, which allows schools to provide SFSP-like benefits through the National School Lunch Program and School Breakfast Program. Although the reimbursement for a lunch is about $.50 less than under the SFSP, some schools find the convenience of operating under the normal school program procedures meets schools' specific summer needs and is worth the rate difference. While Seamless Summer sponsors and meals are not reported as part of the SFSP, the schools make an important contribution to our goal of increasing meal service to low-income children during summer months. FNS believes that taken together, the two different approaches provide the flexibility schools and communities need to provide nutrition benefits to children in a wide variety of situations during the summer months. Ms. DeLauro. Mr. Farr. COMMODITY ENTITLEMENT PURCHASES Mr. Farr. Thank you. I wanted to follow up again on this. The way that food is purchased--it seems to me what you have is a two-tiered system here. You have a system that says to schools, ``You have to provide a healthy meal. And you have to met those guidelines.'' But when it comes to what kinds of foods you help them acquire, that the government buys and distributes, you leave out the fresh fruits and vegetables. Ms. Johner. No, I'll just briefly say something, then I will let Kate answer, give you more details on that. I know that 20 percent of the purchase, as you know, commodities come from USDA, 80 percent of the items are purchased by the local school districts. And I can tell you though, I just wanted to make this comment: I visited many schools across the country as I traveled, because I think the best way to get a pulse of how things work is actually going to the field and talking to people and seeing for yourself. I have seen so many more salad bars in the schools, the cafeterias; that has been very impressive. In fact, Arizona just got a gold score award. And there was this beautiful salad bar that had all this great, nice lettuce. And this was all free, they didn't even charge it through the school program. But there is such a--there is much more of a push for schools to be served the fresh fruits and vegetables in their diets. Mr. Farr. Sure, but they are having to buy that locally, whereas you supplement. And here it is, your total commodity entitlement last year is $1.1 billion. And those are things like, that's just cheese, different kinds of cheese and corn, and corn mill flower. Soy bean oil, vegetable oil, peanut butter, rice, shortening, spaghetti--you know, I am not sure that those are all in what we are talking about is high nutritional values. Ms. Johner. You know, commodities are, they are, they have been improved, lower in fat, lower in sugar. But I am going to let Kate give you a little more information on the commodities aspect of that. Mr. Farr. But do you see my point, because you have got an entitlement program for commodities and that's what it's called, it's called the Commodity Entitlement Program. And you go out and the government, we buy that and then we distribute it to school. But the makeup of the difference, which is all those effort that we have talked about the last year is getting other types of food in the menu. And we don't--you just say you have to do that with the money that you have. You are not entitled to it, so you don't get these entitlements. And that is where the unequal playing field is. We are distributing things that are causing the obesity, and we are making people buy the things that prevent obesity. And that is just a proportion unfair and unrealistic, and not defendable in your nutritional program. Ms. Houston. Congressman Farr, we have about 180 foods through our Commodity Entitlement Program that are available as a shopping list to schools. It is a demand-driven system. This list includes fruits and vegetables. Mr. Farr. Show me on that list, I have it right here. Ms. Houston. Sure, right at the top of the list: apple slices, applesauce, apricots. Going down, blueberries, carrots, cherries, corn, peaches---- Mr. Farr. Yeah, apples, the $871,000. Ms. Houston [continuing]. Pears, potatoes, raisins. And this is just on the first page. Mr. Farr. Where is the vegetables and where is the lettuce? Ms. Houston. We have, you know we have a variety of primarily shelf stable through our commodity entitlement list. And then of course, the additional fresh---- Mr. Farr. Shelf-stable? The other things you are saying are not shelf-stable? Ms. Houston. And then we have fresh fruits and vegetables that are available also as commodity entitlement through our DOD program. Mr. Farr. But the point is that your list, I have it, the thin, green page you are looking at, both pages, because I have the other one too. And it also shows the distribution by state. Is that I can't find any of the things that I have been told are necessary to be healthy to eat, particularly salads. There is not any salads on here. Ms. Houston. We continue to work with schools to put on our commodity list the items for which they are requesting. And I think it is again, important to emphasize that only about 15 to 20 percent of the foods that are part of the meals come from the USDA commodity entitlement list, the rest we provide cash- free ``reimbursements''. And schools at the local level are purchasing the other foods for meals. And we have statistics that show about 21 percent of the foods that are purchased in total for the school lunch program are fruits and vegetables. Mr. Farr. I mean, let's finish with this list. The two highest items on here, the highest amount you spend was beef bulk-coarse, $123 million. The second highest is mozzarella cheese, $90 million. Ms. Houston. Again, these are school-selected. Mr. Farr. Schools want cheese, not---- Ms. Houston. These are items that are--it's a demand-driven system. We would be happy to work with you. We have an initiative underway to continually improve the nutritional quality of the foods available through the commodity program. And we would be happy to share with you our technical assistance efforts. But I think you were correct, that we need to get schools to be selecting the most nutritious items available, and---- Mr. Farr. With all due respect, California has required, and I think you ought to award states too that required, but each school district has to come up with a nutritional plan. This is new. Parents are starting to ask, you know they used to want to know what is going to be teaching in the classroom, now they want to know what you are feeding them in the lunchroom. And what happens, you go to these school administrators and they say yes, but we can't get those items because those aren't part of the program. They are not given to, they are not on this list. Ms. Houston. Well again, we would be happy to work with you to make sure that the foods---- Mr. Farr. Work with us? Ms. Houston [continuing]. That schools want are on the commodity list. We also do have a nationwide requirement for a wellness policy, so every school district in the country, those in California and around the country---- Mr. Farr. You put a mandate on them but you don't give them the supplies to fulfill that mandate. That is not a way to operate a nutritional program. TEXAS FOOD STAMP PROGRAM Ms. DeLauro. Let me--we are going to have to vote and I promise you, you will not have to stay, we will--let me just see if I can wrap up with a couple of questions here. And then I want to do two things. I have some questions for immediate answer and then a question--but let me just get to the program, and we know the background. We, I want to know what has happened,--stamps over there and what is--to get the problem corrected. In terms of the problem back in March 2006, the system had a backlog of 6,000 unprocessed applications. The problem then is the state implemented the new system and there were not enough people trained in handling the program under the policy--determine eligibility for 2007, experiencing backlogs of applications and the explanation is for the workload issue. An Austin mother of two said she has been waiting for food stamps after applying to renew in June. I want an answer to Texas, but I also have a question with regard to Indiana. Ms. Johner. Chairwoman, we have been working closely with Texas, and I know yes, there has been some concern with the timeliness piece. And so I know our administrator was just out there I think a few weeks ago. And we are going to be doing even, we are going to aggressively increase our oversight in Texas, because we have again, identified some problems. So we have been doing regular conference calls with them, review of state reports, the multiple site reviews, which is going to increase. And then I myself will be going out and meeting with the state commissioner and their management team. We did get a corrective action plan from them, because we did send them a letter and so we did get one last week. So again, I agree with you, Texas is---- Ms. DeLauro. Just in general, because I want to get on to Indiana. Ms. Johner. Okay. Ms. DeLauro. When is it apparent that this is failed, I mean, what is the tipping point? We continue with corrective action, you know. I mean, in 2007 they canceled--I am just saying what is it that you think that we can't go on any longer, this is a failed process here? Do you have a construct? Ms. Johner. Do we have something in place to be able to measure---- Ms. DeLauro. No. I mean to say when you are the agency you are looking at this, you are seeing what's happened, you are seeing the progression, you see where we are now. When do you say to yourself this is a failure, it can't work this way, let's go back to what we were doing? Ms. Johner. And they have, they have moved the responsibility back to the state workers. But they are identifying some of that lapse in Texas. Ms. DeLauro. How much more time are we giving Texas to make this work or not work? Ms. Johner. Well, I think that is something I will continue to monitor. And at this point--I understand your question in regard that---- Ms. DeLauro. This is like when do we say enough--a never- ending tale. Well, I mean we have got to have sense with some banality here that this is a go, and it hasn't succeeded. Lots of good ideas don't succeed. But did they tell us all the time end programs that don't work. And Congress has you know has to do that as well. Sometimes we have even been less successful with that. But I am hoping the philosophy here is to end this if it doesn't work. Ms. Johner. If this is acceptable to you, I know I will be in Texas the first week of April. When I go down there, can I come back with---- Ms. DeLauro. Yes, absolutely. Ms. Johner. I mean, we can get together or something. INDIANA FOOD STAMP PROGRAM Ms. DeLauro. But let's get an update, let's see what we think it can go. Indiana, I know you are monitoring it, et cetera. But look, yesterday, Indiana, a local news reported a state house conference where leaders of three senior groups presented their concerns. ``The situation was dire for senior citizens, people with disabilities, other low-income clients both had difficulty phoning in to centralized call center, navigating web pages that were put in place to expedite the application.'' ``People being denied benefits. Wheelchair-bound mother of two children lost food stamps. Surveys of food pantries, nursing homes, hospitals, minister's groups, United Way and other social service providers found demand for those private services shot up because people have been bumped off the food stamp rolls.'' ``. . . services, a chief who was in charge of the . . . said that the roll-out is due to expand from its original 12 counties to 27 or more on March 24, in about a week's time.'' Are we going to an expanded rollout before we have corrective action and are we going the Texas route again? Have you seen in your oversight the issues that the senior citizen folks are talking about? Ms. Johner. No, I have not and I was just out there last week to make a visit. And I can tell that it's changed from the time I was out there last fall and then again, last week. And what I saw when I was there was a streamlined function of the workers. I talked to some of the family members that were in the waiting room. They liked the new setup. I didn't see--I guess--I walked through the process myself as coming in as someone who needed food stamps. We would take anywhere from six to eight days for them to process my applications. We have two-tier systems. Our first tier is that the call centers to be able to answer questions that are more generic. And then when they got more specific on the policy and programs, then you have the second tier. We were going to ask them---- Ms. DeLauro. Did these folks just congregate and make these claims? What is the investigative progress on these senior citizen groups? Are you going to--are the people who are being, do we know how many people are being denied benefits? And do we think unless these issues are fixed, do we answer these or investigate these efforts that we ought to move to a rollout on the 24? Ms. Johner. Definitely, Madam Chairwoman, we will be looking into that. I have not read this article that you are referencing to. The thing is that they have delayed already once because we weren't comfortable with them moving forward on this. Ms. DeLauro. But do I have your word, and we would be talking in the next several days that these issues that have been laid out: not enough case workers to help Medicaid clients and applicants, new eligibility system dysfunctional, wasteful, out of sync. This is a person who manages the domestic violence shelter for Alternatives, Inc., that she had two clients, one a teenager in high school, another--who had lost food stamps, other benefits. I mean, the list goes on. What I am just saying is that you are monitoring it, it seems to me that these questions have got to be answered and addressed before we move to any roll-out. Ms. Johner. You have my word that I will look into this. [The information follows:]
NUTRITION EDUCATION Ms. DeLauro. Okay, this is what I going to do unless there is--there are three or four areas that I have that I really would like immediate answers on. One is this report that is a requirement that was laid out in a conference report directing the department to provide monthly reports on program performance and estimated funding requirements. I have a great deal of respect for you Miss Secretary, but I was disappointed with the letter that came in. And I actually do have a list, and I won't go through it, and we will get it to you, of what we believe these letters ought to include. And so that we will get to you. In addition to that, the--programs that exist within schools and what our opportunities are to look at inspection requirements, what enforcement authority, those kinds of issues. But we will get that to you right away. There is also nutrition education. There is $788 million being spent on nutrition education promotion. Now, we had research and education, and economics people in here the other day. They answered that there was no correlation between the--and obesity. But on nutrition education, when we asked them about this, so I don't know what is happening with $788 million---- Ms. Johner. We can give that to you. [The information follows:] Of the $788 million in nutrition-related expenditures reflected in the President's 2009 budget request for USDA's Food, Nutrition, and Consumer Services, $777 million are used for nutrition education through the nutrition assistance programs.
Over 95 percent of this funding is provided as payments to State agencies, including a projected $305 million to Food Stamp Program agencies, and about $445 million to WIC agencies. Another $19 million is used to support nutrition and food safety education and technical assistance to schools through USDA's Team Nutrition and the National Food Service Management Institute. $1 million has been requested to support nutrition education in the Food Distribution Program on Indian Reservations. The remaining $7 million supports FNS activity to develop nutrition education interventions and technical assistance materials. Of the remaining $11 million in the request, about $7 million is designated to support the Center for Nutrition Policy and Promotion in developing nutrition guidance for all consumers, including those served by Federal nutrition assistance programs. The other $4 million is to support 2 nutrition-related studies--the next in our series of assessments of the nutrient content of school meals, and an assessment of promising practices in food stamp nutrition education. Ms. DeLauro [continuing]. And that information. But there may be one or two more in terms of immediate answers. The rest we will ask for the record. We have I think five minutes, Maurice, go ahead. NUTRITION ASSISTANCE PROGRAMS Mr. Hinchey. Very briefly. One of the problems that we are facing nationally is the fact that we are in an economic recession. And one of the most uncomforting aspects of this economic recession that we are experiencing is the dramatic increase in the cost of living for middle- and lower-middle income people and people below that. It is a very, very significant issue. And one of the most dramatic aspects is the increase in cost of living of course, is the increase in energy and the increase of the cost of food. Cost of food has risen up dramatically because of the increase in the price of energy. And that is causing a lot of problems for a lot of low-income people. And I am just wondering how your activities are impeded. And I know that you are focused on this in the right way based upon your experience and understanding. But the things that you are dealing with are making it difficult for you. For example, for the third year in a row, the President has proposed eliminating funding for the Commodity Supplemental Food Program. How has that attitude from the Administration impeded your ability to deal with issues, because this is an issue that on an average month provides nutrition to something in the neighborhood of excess of 473,000 low-income mothers and children under the age of six and senior citizens. The largest part of that number is senior citizens. And we also have the fact that the President now for the last four years in a row has proposed changes that would eliminate food stamps for more than 300,000 people. Increase in the availability of food stamps is one of the things that some of us tried to get in this so-called stimulus package, which was passed here and signed. The President said no way, he wasn't going to sign the stimulus package that provided more nutrition to low-income people. So I am just wondering about your ability to deal with this issue? The issue is dramatic increase in the cost of living, particularly the cost of food for more and more are low-income people across the country, mothers and their young children, senior citizens, others who are suffering from these---- Ms. Johner. Thank you for that question. One of the things that I look at with competing priorities and again, limited resources as we all have, is I try to look at what our largest programs are. And they are the food stamp program, the WIC program, the school breakfast and lunch program. And so I have to look at is it's a very challenging job, because the CSFP program is a good program, but it is also one of my smaller programs. And so what I need to do is I need to look at how do I invest in my bigger programs that could maybe impact more people. And so, and the other side of that is I also look at my local community because I come from the grassroots. But I know the power and influence of your local leadership, of your state leadership. I am always looking at our community-based or faith-based, and so Angel Food Ministry has been one area. And I know I talked about that earlier, but this is a 501(c)3, it's--they deliver food packages. And in 35 states, they served 550,000 people a month and we would like to help, we want to partner with them to help them expand. And they serve a box of groceries that would last an elderly person for up to 30 days, and a family of four for up to a week. And they really focus on the protein piece. So it is partnership and collaborations like that we need to continue to work with. Ms. DeLauro. Thank you, secretary. We probably have a minute left in order for us to go to vote. We appreciate your time and your patience with the delays. Ms. Johner. Thank you. Ms. DeLauro. And I look forward to the response of the questions and I look forward to sitting down with you again. Thank you all very much. Ms. Johner. Thank you very much. Ms. DeLauro. The hearing is adjourned. Tuesday, April 1, 2008. RURAL DEVELOPMENT WITNESSES THOMAS C. DORR, UNDER SECRETARY, USDA RURAL DEVELOPMENT BEN ANDERSON, ADMINISTRATOR, BUSINESS AND COOPERATIVE PROGRAMS RUSSELL T. DAVIS, ADMINISTRATOR, RURAL HOUSING SERVICE JAMES M. ANDREW, ADMINISTRATOR, RURAL UTILITIES SERVICE W. SCOTT STEELE, BUDGET OFFICE, DEPARTMENT OF AGRICULTURE Ms. DeLauro. Good morning. The hearing will come to order. And I want to welcome you, Mr. Under Secretary and the rest of your team here, Mr. Anderson, administrator for rural business--cooperative service; Mr. Davis, administrator for rural housing services; Mr. Andrew, administrator for rural utilities service, and our perennial and favorite here, W. Scott Steele, budget officer. Thank you all very, very much, and Mr. Secretary, I'm really delighted that I had the opportunity to meet with you yesterday before today's hearing to discuss this year's Rural Development budget request. Thank you for coming today with the team to discuss the budget with the subcommittee. Federal efforts to strengthen rural America and to preserve the strength that it provides our entire nation are really critical to facilitate growth, and soften the impact of population loss. Indeed, Rural Development is one of the most important areas in USDA's broad portfolio. It touches almost every aspect of people's lives in rural America, and I believe you share this view, that we have an obligation to get it right. To be sure, not all rural areas are alike culturally or economically, and each has its own unique challenges. What is clear, however, is that the challenges are growing. Under Secretary Dorr, your mission could not be more important. Our goals are straightforward. We seek not only to sustain our rural communities, but also to create new possibilities for growth and development in their small town economies. I look forward to your comments in today's discussion as we consider how the budget should strive to meet those goals. As the current economic downturn continues to weigh very heavily on families in every region of our nation, I believe we have a particular responsibility to ensure our rural communities have the tools to survive. I believe government has a duty to help provide the same quality of life opportunities to rural America that are shared by other parts of this country. I have some concerns about the USDA's ability to meet that task. I outlined some of those concerns I have about the administration's rural development budget with you already. But let me just address a few of them in a little greater depth. Overall Rural Development funding is about $805 million below the amount provided in 2008, excluding the increase in the rental assistance account. In particular, the budget request provides $24 million for the rural community facilities program. That's a $45 million or 65 percent cut below the amount provided in 2008. The budget request provides $30 million for the Rural Business program, $57 million, or 65 percent below the amount provided in 2008, and $269 million for the Rural Water and Waste Disposal program, or $290 million, 52 percent below 2008. It eliminates funding for Community Facility Grants and the Rural Business and Enterprise Opportunity programs. It does the same when it comes to housing, eliminating funding for the direct single family housing loan program, zeroing out the Section 515, multi-family housing direct loan program. These programs offer interest assistance and focus primarily on the very low and low-income borrower. At the same time, the budget again proposes to increase fees for the guaranteed program from 2 to 3 percent, making it even more expensive to the borrower, while reducing the budget for its program costs. Ultimately, between the fee proposal and eliminating the direct housing program, the budget request provides $21 million, or $207 million, 91 percent below the amount provided in 2008. These cuts to rural housing are particularly troubling in the context of today's sub-prime mortgage crisis. Programs like these are supposed to offer a safe alternative to sub-prime mortgages for creditworthy low and moderate-income rural home buyers. Now is not the time to undermine. In addition to serious questions about the budget, I also believe we must take a hard look at the announcement last week that Open Range has been approved to receive a $267 million loan to provide broadband service to 518 rural communities in 17 states. This loan represents 90 percent of the funds provided in fiscal 2008 for the broadband program, and I think we should discuss the Rural Development office's ability to manage a project of this size. There are no easy solutions to the big challenges facing rural America. Indeed, building a healthy rural economy requires more than simple supports for farm products. It means investing in entrepreneurship in rural areas, early childhood centers, rehabilitation, medical centers, providing infrastructure for electricity, clean water, water treatment, and yes, Internet, broadband that connects rural communities to the global community and the global economy. It means harnessing innovation, pursuing energy independence, making a bold new commitment to renewable energy. And the list goes on. But if we are going to make rural America as productive and sustainable in the 21st century as it was in the last, we are going to have to step up and use federal policy as a valuable tool to put middle and working class rural families center stage. Today's hearing is about examining this budget through that lens. Does it soften the impact of population loss and take deliberate steps to foster new growth? Does it reflect our priorities as a nation? And does it meet our obligation to rural America? I thank you again, Under Secretary Dorr, for being here, and I now would like to recognize our ranking member, Mr. Kingston. Mr. Kingston. Thank you, Madam Chair. I don't have any real opening statement, but I do want to underscore that on the farm bill, there's a proposed increase on mandatory rural health care facilities, and frankly, I don't see how we're ever going to balance the budget with all the new mandatory spending that the president has proposed on the farm bill. The farm bill, as you know, is 63 percent food and nutrition, and there's a big expansion of mandatory eligibility under that, and then you have this mandatory spending. And I don't quite follow how the administration can spend so much time on the commodity program of the farm bill, which I think is 17 percent, and act like payment limitation is the biggest problem that's out there, when, with a sleight of hand, the remaining balance of the farm bill is getting dedicated more and more, year after year, to mandatory spending, and, as you know, that's just one bill of lots and lots of bills that we have to fund. And I think if we're going to have more flexibility, we can't lock ourselves into all this mandatory spending. And I just wanted to make that point. Ms. DeLauro. Thank you, Mr. Kingston. And Under Secretary Dorr, we await your testimony, and obviously, everyone's testimony will be part of the record, the official record, so I'll ask you to commence and to summarize your remarks in any way that you so choose. Thank you. Opening Statement Mr. Dorr. Thank you, Madam Chairwoman and Ranking Member Kingston, members of the subcommittee. I do appreciate the opportunity to again appear before you to discuss USDA Rural Development's budget for fiscal year 2009. Before beginning, I would like to once again pay tribute to the 6,100 men and women across the country who together are USDA Rural Development. We are an agency in transition. That is both a challenge, but I believe an opportunity. And I am proud to report that our associates have risen to both, all across the country. We are now implementing new business plans in every state. We have already reached our new FTE, full-time equivalent target of 6,100. We are completing our office realignments, which will bring our field structure to 448 offices. These are reductions of 13 percent and 44 percent, respectively, since 2001. At the same time, we are investing in training and technology to support a leaner staff in a restructured technologically intensive environment. We are reaching out to new partners and seeking to engage untraditional lenders. We are simplifying and streamlining program delivery to accelerate this process. We continue to shift our emphasis from grants to loans and loan guarantees in order to leverage our resources and serve more people, and at the same time, we are developing new tools, such as SEBAS, the Socio-Economic Benefits Assessment System, which enables us to improve program evaluation as well as help us do a better job of targeting our investments in the future. These things ultimately will make us a leaner, more efficient, more responsive partner for rural businesses, rural families, and rural communities. So as I come before you for the last time to present the budget on behalf of the Bush administration, I would like to say simply that I am immensely proud of the way our employees have met these challenges. Change is hard. It takes good people to get it done. We have good people, and they are in fact getting it done. The President's fiscal year 2009 budget proposes $2.1 billion in budget authority to support a program level of $14.9 billion for USDA Rural Development. As was the case last year, this budget request does not include significant additional funding contained in the President's separate Farm Bill proposal. Mandatory funding for rural health care facilities, renewable energy loans and grants, rural water and waste water disposal systems, broadband access loans, distance learning, and telemedicine grants are all in the Farm Bill, and obviously, those we'll not be discussing today. The fiscal year 2009 budget is not, though, a status quo proposal. It accommodates the institutional and programmatic transformation which I've just noted. It recognizes the opportunities inherent in distributed computing and broadband, and renewable energy, and in an ever more diversified rural economy. It recognizes the need to engage rural America's wealth in a transparent, responsible, and fiduciarily sound manner, to not just create wealth, but to actually capture and leverage it for sustainable growth in rural communities. And it recognizes that we cannot remain a static provider of traditional programs via traditional methods and hope to remain relevant in this new, dynamic, and ultimately increasingly competitive environment. The budget protects the most vulnerable rural residents by fully funding multi-family housing rental assistance, while allocating $100 million for a new pilot program of rental assistance vouchers, and at the same time, it shifts funding for both single and multi-family housing construction to guarantee platforms to serve more people more efficiently. The budget funds critical infrastructure priorities, while focusing electric program lending on transmission, distribution, and system improvements along with environmental improvements rather than solely on baseload generation, and it seeks a $49 million budget authority to support $738 million in direct and guaranteed loans and grants for Rural Business and Cooperative programs. Without question, the budget does make hard choices. It recognizes and accepts the challenges of this budget cycle and focuses resources on new challenges and opportunities. I appreciate the support of the subcommittee for rural America. We look forward to working with you to carry on this important work. And I thank you for the opportunity to work with you. [The information follows:]
Ms. DeLauro. Thank you very, very much, Mr. Under Secretary. Let me just begin the questioning with something that I said in my opening remarks. And the budget request proposes--it's also something you said in your testimony, that this is, it's a budget that is very, very similar to what we saw last year, so maybe I would characterize it as ``deja vu all over again'' plus more, and in this context. ELIMINATION OF PROGRAMS The budget request proposes to eliminate the following programs: community facility grants, rural business opportunity grants, rural business enterprise grants, Section 502 direct single family housing loans, Section 515 direct multi-family housing loans. New to be eliminated are the multi-family housing revitalization loans, mutual self-help housing grants, farm labor housing loans, farm labor housing grants, rural economic development loans, rural economic development grants, value added agricultural product marketing development grants--that's new, rural empowerment zones and enterprise communities--that was there last year, new renewable energy loans, renewable energy grants--same as last year, broadband telecommunication grants. Also, the budget request proposes to significantly cut the following programs: Section 504 direct housing repair loans, rural electric loans, distance learning and telemedicine grants, and water and waste grants. This year, you're proposing to rescind prior new year funds for multi-family housing revitalization and broadband loans. The list grows every year on the direct loan and grant programs you are proposing to eliminate or significantly cut in your evolution from grants and direct loans to loan guarantees. It will take almost $670 million to restore these programs to the 2008 levels. Now, last year, most of the increase that we had in the bipartisan bill that this subcommittee produced put back much of this money. And let me just ask you about the program elimination. Aren't the eliminations, cuts, are they more about the fact that you were not given the dollars from the OMB sufficient to fund these programs rather than, in my view, an indefensible policy decision to shift from grants to loans; and how will the farm bill offset all of these loan and grant program eliminations; and what are your contingency plans if--I don't know any piece of legislation in this institution that gets all that it asks for, what you will not get from the farm bill, if we produce a farm bill at all. Mr. Secretary. Mr. Dorr. Well, I appreciate your concerns, and I realize that this is a budget that is in transition. Number one, resources are tight. When you look at the aggregate amount of grants that are directed in this budget, as opposed to a year ago, we're at nearly the same amount of money. We have worked very hard to make sure that, in the multi- family housing portfolio, that we aggressively work to protect those who need the greatest protection, and that is the tenants of our multi-family portfolio. As a result, we've put several hundred million dollars of assistance back into rental assistance, as well as added another $100 million to the voucher program. Obviously, we had to take it from somewhere. We had to look at what was working and what wasn't. We, I believe, in our housing efforts, have done a marvelous job, our staff has done a marvelous job of fixing a multi-family portfolio that had a lot of challenges, and so that when we're done, ultimately, we will have a portfolio that has been restructured, that will have nearly maintained upwards of 90 percent of all the available units, and that will have maintained housing for those who need it the most in rural America. Probably 55 to 60 percent of our tenants are single, elderly, female and single parents. And in so doing, if we continue on this path that we are on, I believe we will get it done. We will have also restructured the portfolio so that we will have rehabilitated the majority of these properties so they have another 20-year life span at a cost of something in the neighborhood of $26,000 to $30,000 a unit, as opposed to rebuilding them at a cost of in excess of $100,000 to $125,000. That obviously required making changes. In the process of doing that, we looked at our other programs, and you alluded to the value added producer grant program, which I believe we put into the Farm Bill proposal as a discretionary funding item, not a mandatory funding item. We did not attach funding to it. We also have substantive grants added in the Farm Bill proposal. We obviously don't know where the Farm Bill is going to be at at this point. But in that context, we have also recognized that once we begin to effectively engage the equity that is in rural America, and I believe I've stated this in my testimony submitted earlier, over the last five years, farmer and rancher-enforced private properties have increased an aggregate of about $1 trillion in value. There is an inordinate amount of investment capital in rural America. And we think that one of the most effective things that we can do is engage the owners, the private property owners, the community bankers, the farm credit systems, to essentially put skin in the game, and if we can provide loan guarantees, whether it is in housing, whether it's in multi-family housing, whether it is in energy or other developmental projects, the likelihood of success, extraordinary success, is much greater. So yes, we've made some decisions. We've made some choices. We may have some philosophical differences on the choices that we made. But we do believe that, long-term, this is a good direction and an appropriate direction to go. Ms. DeLauro. Thank you. My time is up. Mr. Kingston. RURAL ECONOMY Mr. Kingston. Thank you, Madam Chair. Mr. Dorr, in terms of the rural situation in America right now, the rural economic situation, commodities are going up, and I guess let me ask you this, in terms--we all know corn has gone up. Haven't other commodities, as well, as evidenced by the fact that I think you're not paying that many counter-cyclical payments? Mr. Dorr. I believe in general commodities have gone up, yes. Mr. Kingston. And in general, land is going up? Mr. Dorr. That's correct. Mr. Kingston. How does that--is that benefitting the farmers? Do you have statistical data to show that the economic picture in rural America is perhaps better than it's been in 10 years or whatever? Mr. Dorr. Well, probably the two easiest numbers, our net farm income was a record last year, is projected to be another record this year. Net farm exports were a record. I believe that net farm equity, as I just alluded to, is an all-time high, and the debt to equity ratios are I believe 8 or 9 percent debt to the equity. So I believe those, as two basic figures, would indicate the rural economy, from an agricultural standpoint, is in pretty good shape. Mr. Kingston. Can you get me those specifics? Mr. Dorr. Certainly. We can--we will work with our Office of Chief Economist, who pulled together the latest numbers. Mr. Kingston. And since those are statistics, it's a fact, then, that the rural economy is strong? Mr. Dorr. Well, I mean, there are obviously always particular situations where you might challenge that, but generally speaking, yes, I think the rural economy is very strong. Mr. Kingston. The reason why I'm asking that is, the Federal Government is always quick to find something that's broken and say, ``We need a new program, we need new money,'' and I say the Federal Government, meaning each branch, the executive and the legislative branch. Do you agree with that? Mr. Dorr. Well, I would agree that appears to be the tendency. I don't know that I agree with that approach. Mr. Kingston. Well, that being the case, though, is there something if the economy is strong that you can back off from? And I know you're backing off on the labor program, but are there things that maybe we don't need to be doing in this economy that we've done in other economies? Mr. Dorr. I guess I'm not--I mean, are you talking about agriculturally, rural, in the general sense? Mr. Kingston. No, on rural development. Mr. Dorr. In rural development? I mean, I think we have--if you look at our numbers, when we started, when this Administration came to town in 2001, Rural Development was investing about $9 billion annually in rural America at a budget cost of around $2.1 or $2.2 billion. This year, we are in a position to invest in fiscal year 2008 about $17.5 billion at a budget cost of about exactly the same as it was in 2001. The thing that we have done more than anything else is taken an approach that it is appropriate for the Federal Government to provide loan guarantees, if that's what's necessary to facilitate the startup of these new economic opportunities in rural America. Consequently, I think that's been a reasonable shift. I think it's appropriate. I believe I've said this in the past, but I'll repeat it. For 75 years, we in the Federal Government have literally financed most everything in rural America, and consequently-- and for good reason. I'm not being critical of that. I mean, everything from beginning to wire rural America with electricity to running the telephone lines, to digging the ponds, to tiling it, to building the terraces, subsidizing agribusiness through Title I. As a result, I think what we ultimately have done is stifled the innovativeness and the entrepreneurial activity in rural America in ways that we didn't anticipate. We didn't do any of this maliciously. Loan guarantees actually facilitate your traditional lenders, your farm credit system and others, to really step up. And you have bright, entrepreneurial, innovative people who say, ``We want to start an ethanol plant, we want to start a wind farm, we want to start some sort of a food processing system.'' Historically, there was not really many places to go to get some additional assistance to assure these lenders, who typically weren't used to working in this environment, to engage, and that is now happening on a more regular basis, and I think that is an appropriate policy approach in the direction that we're going. Mr. Kingston. I just want to give you a chance to make that point, because I think it is important for these people to hear. $2 billion used to leverage out to 9, and now it leverages out to 17, perhaps because of the strong economy, but in recognition of the programs that you've initiated. Mr. Dorr. You know, I appreciate that, and one of the comments that I frequently make is that our budget is roughly $2 billion in Rural Development, net farm equity is over $2 trillion. That essentially tells you who is the dog and who is the tail. Mr. Kingston. Okay. Well, I'll yield back. But I really do want to get those numbers on net export and equity---- Mr. Dorr. We will certainly get those numbers to you. [The information follows:]
Mr. Kingston. Thanks. Ms. DeLauro. Mr. Jackson. Mr. Jackson. Thank you, Madam Chair, and thank you, Mr. Secretary. ASSISTANCE FOR LOW-INCOME SUBURBAN COMMUNITIES The second congressional district of Illinois that I represent is very unique. I represent both Chicago, the urban metropolis, and suburban communities with populations ranging from 4,000 to 40,000. One of the suburban communities I represent is Fort Heights. In 2001, Fort Heights was in desperate need of new drinking water. Their system was producing unsafe water that was literally brown. And because of the small population of Fort Heights, USDA Rural Development was able to come into the community through loans and grants and installed a new water system for the community, including a new water tower. At the completion of the project, I toasted, alongside with Illinois Rural Development staff, clear, cool, drinking water. This was a great day for the residents of Fort Heights. I appreciated the help of the Illinois Rural Development department, and I look forward to working with them, as well. But there are many other communities that need the same help. With that said, what programs exist to help other low- income suburban communities like Fort Heights that are caught between large municipalities, not quite rural areas, but just beyond their borders, enormous and vast pockets, if you will, or parts of our country that are rural? The suburbs I represent are obviously eligible for help from Rural Development because their population is under 50,000, but does their proximity to big cities sometimes prevent them from getting help? And I want to close with just a small anecdote. When I first got here, and I was trying to get fresh water for Fort Heights, many of my colleagues, even my colleagues on the Democratic side of the aisle, kept referring to me as the congressman from Chicago, the congressman from Chicago. And in their minds, whenever they were helping Mayor Daley or helping Chicago, they were helping members of the Illinois Chicago delegation. But between Chicago and the congressional district that I specifically represent, Chicago at one level of another has much representation here in the Congress, but it's these small rural communities that fit your definition, that fit the other elements of my congressional district's definition, that have absolutely nothing to do with the municipality of Chicago. And so when I would make arguments for these small municipalities that fit the definition of rural and therefore qualified for Rural Development activities, I might as well have been talking to a wall, because many Members of Congress could not recognize or did not see me as representing a rural area. They see me as urban is what it is. Your thoughts, please, about what these communities can do, what Rural Development can do, and does their proximity to big cities prevent them from getting necessary help? Mr. Dorr. Well, let me say at the outset that when the Washington Post was writing their series of articles on Rural Development, I wish they would have discussed this with you, because you've clearly identified one of the significant challenges that we're engaged in, the population definitions of rural, and what happens to those small communities that somehow find themselves positioned adjacent to or too close to a large metropolitan area to qualify for a variety of Rural Development programs. Mr. Jackson. I'm sure the Washington Post saw me as representing Chicago, and not rural areas, but thank you, Mr. Secretary. Mr. Dorr. Well, nevertheless, there was a great deal of discussion about that very issue. And quite honestly, it's been my experience, for the short term that I've been here, that defining rural is becoming a, and has always been, a significant challenge. All I would suggest is that we are in the process of working through the Farm Bill to try to streamline to make a more effective definition of rural, one that would allow us to then have the authority to prioritize certain components of this, particularly when it gets to the things like water and environmental programs and other things that are very essentially to these small communities. I don't know that that's a good answer. It is a difficult issue, one that we deal with all the time, and we're fully aware of it. We're continually trying to do what we can to not only streamline and better define, but to shoehorn, where we have to, communities in to fit programs when there are these defined needs. Mr. Jackson. Thank you, Mr. Secretary. Thank you, Madam Chair. Ms. DeLauro. Thank you. FARM COMMUNITY VERSUS RURAL COMMUNITY I just would take a second to say, and hopefully we can get into it later, that there really is a difference in the farm economy versus the rural economy, and often those two things get elided as to what is happening, and I think there is a real distinction there which we ought to probe in terms of the statistics, if you will, in terms of the wealth of rural America versus the wealth of a farm economy. Mr. Latham. Mr. Latham. Thank you, Madam Chairman, and you just took the words out of my mouth. But first of all, I want to--this is your last hearing before the subcommittee. I want to thank you for your service, and as a fellow Iowan, I really do appreciate what you've done in thinking outside the box, and made rural development something that is really developing rural America, and it's a big change from what it used to be. And I appreciate the activity, the being visible, being available, that the department has been. And the chairwoman really hit on what was my point. At Alexander, Iowa today, when land was three, four years ago, $2,500 maybe, an acre, today $6, 7, 8,000 an acre, you've got commodity prices, corn is well over $5 a bushel, soybeans probably $12, 13 a bushel, cash. But Alexander, my, you know, home town, is--you can't buy a gallon of gasoline, you can't buy a gallon of milk there. So there is all of this new-found wealth in rural Iowa, and rural America, but for a lot of people, the communities are dying, yet. We've had a real change with the energy production, ethanol, wind energy, like you mentioned before, biofuels. There's some real problems on the horizon, I think. We've got in my district today a $60 million new biodiesel plant that they did a test run and they have never started it up because of the cost of soybean oil today. I think we've got some real challenges. I just, not really a specific question, but what do you see as far as the opportunities and challenges that are out there? Because there is this division, like the chairwoman said, between, well, how the farmers are doing and how the communities are doing. Mr. Dorr. Well, I don't think there's any question that that's the brain drain, the out-migration in rural areas, disassociated with the aggregating increase in size of farms. There's always been a challenge. I do believe that there are some fundamental things that are changing, and they're not going to be perhaps self-evident overnight. But, for example, when the highways, when the interstates and the railroads bypassed the community, it was effectively redlined, and that precipitated its demise. We are, in many respects, doing a better job, but I would be the first to admit we're still struggling with trying to figure out how to use government to effectively deploy broadband access to rural communities. But if we do that, you essentially give these rural communities the opportunity to engage in a global economy in ways that they've never had prior to this time. That being the case, broadband, in and of itself, in my view, mitigates a lot of the traditional redline issues. Secondly, alternative energy, renewable energy, and I know you collectively are aware that I have focussed a lot on that, but I read an interesting article just a couple of days ago where T. Boone Pickens made the observation that he had historically not supported renewable biofuels and now thought it made a significant amount of sense, given where the industry has migrated to. And the real simple fact is that right now today we're exporting well over $500 billion, maybe $600 billion annually to import oil. Most of that money ultimately could slosh around right back in rural America in ways that I don't think we've ever thought about in the past and would not require a quid pro quo in a foreign policy arena. We could just keep it here. If we get to the president's 20 and 10 initiative by 2022 of 36 billion, that's almost a billion barrels of oil equivalent. That's the same as greater than net farm income. When you do that, all at once a number of other things happen. These create high-value jobs, but it's not just the jobs at the plant. They create a whole host of changes in regard to how do you integrate legacy, or how do you integrate distributed energy systems into these legacy systems? The bottom line is that all of these things that are going on in rural America are largely a function of distributed computing. You can put up a price competitive 100 million gallon ethanol plant as opposed to a 400,000 barrel a day refinery, and you can make them cost effective in rural America. That's going to require policy change, it's going to require state public utility commission change, it's going to require a whole host of distribution and logistics management issues. These are all going to be dependent upon jobs that are very intellectual in nature. They're going to give young people an opportunity to return to these rural areas if they so choose. And I think that, in the front end of this, it's probably difficult to try to ascertain what exactly they're going to be. But in the long run, I just look at it in the context of a half a trillion dollars. A half a trillion dollars that we could perhaps keep in rural America over a long period of time is obviously going to create a lot of opportunity, and I think that probably is the sum and substance of it. Mr. Latham. Does that filter down, though, I mean, outside of the landowners and the farmers themselves? That, to me, is-- -- Mr. Dorr. Well, I think it can. Mr. Latham. Okay. Thanks. Obviously, our timer is not working very well. Mr. Jackson. It told me to stop. Ms. DeLauro. Interesting that median income is 25 percent lower and the poverty rate is 28 percent higher than in the metro areas, so your point is well taken. Mr. Bishop. HELPING SMALL COMMUNITIES Mr. Bishop. Thank you, Madam Chairman, and welcome to you and I thank you for your service. Mr. Dorr, you may know my district has some of the poorest counties in the entire state of Georgia on a per capita basis, including Chatahoochie, Baker, Calhoun, Clay, Randolph, Stewart, Carroll, Clipman, and Webster Counties. Over the past several years, my staff has attempted to work with your agency to provide much-needed assistance in these communities, particularly in the areas of housing, infrastructure development, including water and sewer improvements, as well as economic development and job creation. And this is particularly true in Chatahoochie City County, which is now a consolidated city county, which has a base population of approximately 3,000 or 4,000 if you exclude the military population that is stationed at Fort Benning, and this community is in desperate need of a water tank as well as sewer improvements. Last year, the subcommittee report directed the department to take a closer look at this and other needs in the district, including the Zion City housing project and America Sumter County, Georgia, and we haven't seen very much movement on it. We haven't seen much cooperation or assistance in this regard. Tell me, where can some of our poorest rural communities turn if they can't get help from USDA, can't navigate the bureaucratic maze that USDA has, and they can't afford the matching requirements for grants, and most of the other challenges? I was struck by the movement, particularly in your appropriations, to guaranteed loans as opposed to direct loans, and of course small and disadvantaged communities, particularly those communities that have minority populations, they're not going to have the relationships with those financial institutions that will give them the guaranteed loans, and historically, they've always had to come directly to USDA. You're abandoning a program which is the last and the only hope of small, disadvantaged communities and farmers, for that matter, to this guaranteed program, which is really shifting responsibility, which I would think that rural development would want to assume and to discharge very, very zealously, because historically, it has not been done by the private sector otherwise, and it's still not being done, even with the guaranteed program, because you don't get the participation, particularly from the people who need the help. Mr. Dorr. We will certainly follow up on this particular issue. I appreciate the concerns that you've outlined and the challenges. We are and have worked with a group called the Southern Foundation, I believe it is, out of Helena, Arkansas, that has established a series of banks that are largely being developed to work with minority communities to effectively provide these kinds of assistance and services with, I think, some very, very, the leader of that organization, a fellow by the name of Joe Black, I would suggest that perhaps we could work out something with Mr. Black to have an opportunity to work with some of the folks in these communities. I do believe that, longer term, to the extent that--and our state directors do have the flexibility to shift some of these grants around and to leverage them more or less as certain circumstances warrant. But I do believe, in the long run, that direct loans and grants from the Federal Government tend to stifle entrepreneurial activity and innovative activity in these communities. I realize that some of them have greater challenges, and I think we need to try to do what we can in a straightforward and honest way to work with them, and I'd be more than willing to do it. But again, as I indicated at the very outset, one of the big challenges that we---- Mr. Bishop. Mr. Dorr, I don't mean to interrupt you, but it seems to me that you're just adding another layer of bureaucracy when you do the guarantee. That does more to stifle entrepreneurship, except for the banking end of it. The entrepreneur that wants to do something in a rural community, that can go directly to USDA and get a loan and go to work with his investment of capital directly from USDA, that cuts out a whole lot of that bureaucratic red tape. And I don't know about the entrepreneurial creation, but it seems to me like it's just creating activity for financiers, as opposed to the people who really are going to be doing the nitty gritty, where the rubber meets the road, work. Mr. Dorr. In our B&I program, the direct loan had a, the direct loan program in 2001 had a default rate of 47 percent. Our guaranteed portfolio has a default rate of about 5\3/4\ percent today. Mr. Bishop. That's because they don't make the loans to the people who need them. That's exactly, that underscores the point. Ms. DeLauro. Mr. LaHood. BROADBAND IN RURAL AMERICA Mr. LaHood. Mr. Dorr, thank you for your service. I want to be one of those who also thanks the staff that you have in Illinois. They've done an extraordinary job. Doug Wilson heads up the operation there, and he and his staff have done a terrific job. We've taken advantage of about every program that rural development has offered. I hope you'll convey to Doug our sentiments, that at least in the 20 counties that I represent, almost all rural, we are involved with new water supplies, new sewers, and lots of opportunities for different alternatives. So we appreciate the work that you all do. I agree with you 1,000 percent on the way to make rural communities relevant is through broadband. I would have hoped that, and I know it's something that you're interested in, I would have hoped it would have been the priority of this administration, I hope it's the priority of the next administration, if we're going to keep people in rural communities, we have to connect them to the world. The only way to do that is through broadband. I mean, many of these communities, as you've said, were redlined, either by the elimination of a road or a railroad or whatever, and that's where rural areas are losing, because there's a disconnect between them and the world. And, you know, some of them have computers, many of them don't, but I'd like to know, you know, your feeling in this budget on where we're going with broadband and if it--what kind of a priority it is for the remainder of your term and the term of this administration. Mr. Dorr. Well, I think we can state unequivocally that the administration and those of us involved in rural development are very, very supportive of deployment of broadband accessibility wherever we can possibly get it. I would also, as I have in the past, be less than forthright if I didn't say that it has been a distinct challenge. I think when policymakers in general envisioned deploying broadband to rural America, it was envisioned in the context of how we were able to do it with rural electrification or deployment of rural telecom, and had it been that way, I think it would have been far less complicated. The problem that we've run into is that we have a number of competitors, and where we have absolutely no service or maybe a very underserved environment, we have difficulty developing a business model or a business plan for those that come in and desire to provide service that will ultimately fly. And so consequently, trying to build this out in that kind of a competitive or semi-competitive environment has been a much more challenging issue than we had anticipated. As I know that you're probably all aware, we just recently, as a matter of fact last week, announced an award of a broadband loan to a company called Open Range. It was a $266 million loan. The company put up $109 million of their own equity. It is using WiFi or Wimax technology in conjunction with low Earth orbit satellites, so that there will be a terrestrial component, as well as a satellite component. They're going to deploy broadband in 17 states. Their original five-year plan addresses nearly 500 communities, potentially a half a million recipients. It's an interesting one, because I think in the long run we're going to get questions from anyone, regardless of how we do it, but the fascinating part of it, as far as I'm concerned, is that, for the first time, we have people bringing a scaleable model to something that looks like it has a very good chance of working. Our people started working on this loan two years ago. It is much different than when it started out. That loan process wasn't static. It's very definitive, and I think it's a good business plan. We're going to closely monitor it, and hopefully it works, and if it does, I think it will give us some good indicators of how we can better deliver these broadband services down the road. Mr. LaHood. Thank you. Ms. DeLauro. Mr. LaHood, I'm going to get you a copy of an article that was in the International Herald Tribune, which talks about the European Union taking the lead in broadband growth, and where the various countries are, because I think I know that this is an area that is very, very important for you, and it makes some description of the kinds of things that they are doing. Mr. Farr. Mr. Farr. Thank you, Madam Chair. COMMUNITY FACILITIES IN CALIFORNIA I have three questions, one about a loan guarantee and the other about farmworker housing, and I'll try to get to them, because I can't stay for a second round. I represent a very rural area of California, the central part of California. We have a hospital in the southern end of my county called Memorial in King City, and it's about 70 miles from any other hospital. It serves a rural population, a lot of farmworkers, and from time to time, the large military training base there, that has no medical facilities, other than just a check-in clinic. And this hospital has gotten into some financial problems and has applied for a loan guarantee, and the guarantee that they've applied for has worked out a waiver of a tangible balance sheet equity requirement for $8.5 million in the business and industry loan guarantee. The USDA's California rural development office has apparently approved all of this, has submitted it to Washington, and here is where it's got stuck in the bureaucracy. I wrote a letter to Mr. Anderson last month asking him to get it unstuck, and I understand that the national office executive loan committee convened on March 17th to consider this request. It was determined by them that the OGC, the Office of Attorney General, or of General Counsel was necessary to further consider the request, and it was promised that the OGC approval would be sought in very short order. Well, it seems that nobody can find the papers, OGC has not received any request, it remains unclear, after multiple conference calls from the folks in the district and in Region 9, and e-mails and dialogues, that the rural business cooperative services has not even made the determination of whether to present this to OGC. Can you get unstuck for me and get it done? The office, you know, is very good, they put out about $100 million worth of loan guarantees, they're solidly behind this, and this hospital, without this loan guarantee, will go bankrupt. Mr. Dorr. I am aware of the situation, and I will assure you that we'll look into it. I understand that there has been a new management team recently brought into this hospital, and my understanding was that there was some revisiting of some of these plans and the numbers. Mr. Anderson, do you have any other comments? Mr. Farr. Just whatever it is. Mr. Dorr. Right. Mr. Farr. Can we get it done, so we can get some information back to them? Mr. Dorr. We will certainly take a look at it. We will get back to you, and we will get back to them. [The information follows:] Rural Development National Office staff met with Congressman Farr in person to discuss the Hospital's application on April 17, 2008. The agency provided details on its analysis of the Hospital's financial status and discussed various prospects for improving that status. Rural Development indicated it was receptive to participating in a meeting with the hospital, hospital financial advisors, and potential lenders to discuss the application further and explore options for further consideration of the proposal. Mr. Farr. Thank you. I mean, hopefully, in a very timely fashion. FARM LABOR HOUSING The second issue I have is the followup on this discussion of rural development. An example, the city of Salinas. We have city centered growth, because we want to have people live in the cities, not on top of ag lands. You know, protect the ag lands, have people commute out to the fields. And so we get down to a couple of questions. One is, what is a farmworker community? We've had to have waivers, and those have happened before to get farmworker housing. But the other problem is really one of just a definition of what is a farmworker. California has a different definition than USDA. And what we would like to do, and I don't know how we're going to solve this, but I'll have to meet with you to get a waiver or to work out some new language. We have people that are in the processing sheds, and they're known as processors, but they're not like--you know, they're not really processing. The food doesn't change its status. It's essentially still raw food when it comes in and raw food when it goes out. It's just packaged. Lettuce is put in a bag, a lot of that--that's the processing of kind of the shipping and preservation of it, and these, mostly women, in these processing places, don't qualify as farmworkers, although they are. They're under the same wages and contracts and are working for the same ag growers. So I'd like to see if we could get a waiver using the state's definition of farmworker or language change that includes the processing of raw vegetables, and I want to meet with you to see if we can work that out, as soon as possible. Mr. Dorr. We'll be delighted to sit down with you. Mr. Farr. And maybe to bring to us what your difficulties are with that kind of change. And lastly, I don't think there's anybody in the Congress that's more interested in affordable housing. We're in the coast of California. The future is that if we--we're in, you know, what I call the in and out economy. I live in an area where you got to get fresh produce out. We sell $3 billion worth of crops. We harvest 85 crops. They're all fresh crops. They got to get on trucks. Pick today, out--and they're out tonight, and in the stores tomorrow or the next day. Our roads are all rural, they're two lane, they're going to get clogged with everybody now commuting to work, and so what happens is that what we need to do is what I call inclusionary housing. We got to build the jobs' housing balance. If you provide a job, and we're making companies do that now, you move in as a corporation to our area, which we love to have you, but you have to provide the housing close to where you work. So we include affordable housing. The difficulty is that that is usually all done through HUD, the HUD stuff, not with farmworkers, because that's your jurisdiction. So what I really want to do is to get a greater outreach in the rural communities as to what you can do to help for farmworker housing. And what we ask here is essentially to find out exactly what you're doing to promote the farmworker housing, whether the state rural development offices are promoting it through community meetings, encouraging applications to industry groups, and asking if there are any plans to do a portfolio assessment similar to the assessment done for multi-family housing loan portfolio to find out what population and housing needs are for the rural labor housing program. I can tell you it's keen in California, and we'd like to have you, the department, being as aggressive in this field as HUD is working with the county housing authority. Mr. Dorr. We will certainly look into that. Russ, do you have any---- Mr. Davis. Sure. If I could just say that farm labor housing new construction is something actually where we no longer have a monopoly. The largest builder is the low-income housing tax credit program, and in fact, the developers have found it to be, being a younger, newer program, it is more flexible and is very attractive to the developers. Our program has just become too expensive. We're spending $150,000 per unit on average to build one apartment unit, essentially, plus we're adding rental assistance to it. We could help far more people with the same amount of money. We're finding it's much more efficient to leave that construction to market rate housing, the tax credit use of vouchers, which is one thing we are proposing---- Mr. Farr. But I tell you, the combination works best of all, and I put together the first time that we'd ever worked with a housing authority and HUD on property owned by you in Soledad, California where we brought and dedicated for farmworker housing. Because we brought the whole gamut of loan portfolios and incentives together, we were able to build twice as much housing---- Mr. Davis. Oh, it is very nice for the people who get the funding, because there is a lot of concentrated grant money, essentially. The problem is that it doesn't go very far. We only built 17 properties last year in the whole country. Mr. Farr. Well, let's get together and figure out how to make this work. Mr. Davis. We'd be happy to talk about updating it. Mr. Farr. Thank you. Ms. DeLauro. Mrs. Emerson. Mrs. Emerson. Thank you, Chairwoman. Thanks for being here, Mr. Dorr. HOUSING LOAN CRISIS I think it was in your testimony that you referred to rural development as an investment bank for rural America. And given the state of the nation's investment banks, that comparison alone may be cause for some concern. Tell us a little bit about what rural development's risk exposure, in your home loan programs, might be, and what steps you all take to protect homeowners as well as taxpayers from the lending crisis. Mr. Dorr. Actually, our risk exposure is really quite good, and I think maybe it would be best to turn it over to Mr. Davis and let him explain this. But the bottom line is that, in our single family housing programs, we essentially have never offered ARMs, we have not offered teaser rates. We have made it very clear at the get-go, whether they were direct or whether they were guaranteed loans, exactly what would be the homeowner's payment, and in the environment when interest rates were dropping and home values were escalating and homeowners had considerable equity, we actually urged folks to get out of our program, to go to private financing, to lock in the lower rates, to mitigate the fact that if they had a direct loan, in which case if they stuck with it, or wanted to get out on their own, a lot of that appreciated equity would go back to the government, and we felt it was important to try to get them to end up with as much of that equity as possible. Russ, do you have anything else? Mr. Davis. If I can just say that 100 percent of our loans are not sub-prime, 100 percent loan-to-value. We've never had a lower delinquency rate in our history. And a large part of that is because we didn't have the automatic ARM resets, but also because rural America really never got the bubble. There's a lot of outmigration, there's a lot of economies hurt by manufacturing pullback and so forth. And so we really are providing what the private sector has pulled out of. Our volume has almost doubled in the past year. Private sector lenders are leaving, we're coming in. We'll go up about 25,000 loans in volume this year. And one thing that is really important, and that is how careful we are to try to get the low credit borrowers into the program. Twenty-three percent of our borrowers have a FICO score of under 619, or no FICO score at all, so a quarter of our borrowers are locked out of the private sector, anyway. So we're doing our job as lender of last resort in a big way, and that's why we're really focusing on the guarantees. Mrs. Emerson. That's good news. Fortunately, in my very rural area, people just don't have--we don't have that housing crisis that St. Louis or even Kansas City might have. PERSISTENT POVERTY COUNTIES Last year at this hearing, Mr. Dorr, we discussed what rural development was doing for persistent poverty counties, and I'm very sad and distressed to say that so many of mine happen to fall into that category. And I had mentioned at that time that there was a need for an increased focus on the roughly 340 non-metro persistent poverty counties, and we did hear what rural development does to target these counties. However, about a month after this conversation, I read in the Washington Post this article that I know you all are aware of, that quotes, since 2001, quote, ``more than three times as much money went to metropolitan areas with populations of 50,000 or more, $30.3 billion, as to poor or shrinking rural counties, $8.6 billion. Recreational or retirement communities alone got $8.8 billion.'' So I have a few questions. Number one, is this a reasonable ratio? Two, does rural development need new or different tools to reach into these communities? According to your testimony, since 1999, rural development's budget authority has increased by $100 million, and the program level has nearly doubled to $18.5 million. Is there any relationship between this increase in the program level and the apparent lack of investment in persistent poverty counties? So I'd like you to answer those questions, but with the caveat that believe me, I understand that you all are only a partner with local communities, and I need you to help us with the answers to those questions, but also help us figure out what I and my colleagues and other local leaders could be doing to help these communities who are persistent poverty communities capitalize on USDA rural development resources. Sorry, that's a long question with some---- Mr. Dorr. No, it is, and it's a tough question, and I frankly would be disingenuous if I told you I had an answer for it. I do believe that our approach, one of the things, for example, that we're doing in our B&I program is making a very, and that's the business and industry loan guarantee program in conjunction with a number of our renewable energy, or the value added program or other things, is we are taking I believe 20 or 22 states in which we historically have not had aggressive relationships and B&I development relationships with the local lenders, and we are actually going out and making an effort to contact every rural lender in those 20 states. Giving you one example, we had one state that, about two- and-a-half years ago, made about $20 million in annual loan guarantees to the B&I program. This year, through a very aggressive outreach effort, they will, presently six months into the year, have $120 million of loan guarantees on the books. I believe that the only way we ultimately get through this persistent poverty issue is that we have to generate economic activity in those communities based on whatever the structural strengths of them are. The long-term infrastructure issues will be addressed if you have strong economic activity, and whether or not we can address it in every one of these counties, whether or not, as the Post articles point out, we can redirect how that occurs, is an ongoing challenge. Rural definitional issues, there are a number of challenges that we have historically dealt with, and we're trying to redefine our rural definition to give us greater flexibility in identifying those priority areas. If we're successful at getting that done, we can, and better define those priority areas, perhaps we can do a better job of targeting the resources that we have in some of these areas. But a lot of it has to do with the way in which we historically have been structured. Historically, we were structured such that we waited for people to come into our offices. We're not doing that any more. What we have done through our restructuring process is specifically designed to get our people cross-trained to be able to deliver more than one program, and we have great expectation that they will spend a great deal of their time out looking for business, working with constituents, exploring opportunities with local lenders, local developers, local councilmen, whatever the case might be. And to the extent that we're able to carry through on that, I believe we'll begin to generate a lot more interest and activity in these areas that you're talking about. Mrs. Emerson. Thank you. Ms. DeLauro. Ms. Kaptur. Ms. Kaptur. Thank you, Madam Chair. Welcome, Mr. Secretary, and your associates. Glad to have you here today. And thank you for the special effort you made to stop by and see members prior to your testimony today. Thank you. We deeply appreciate it. OPEN RANGE COMMUNICATIONS BROADBAND LOAN Just for the record, the Open Range communications proposal that you've been heavily involved in includes 17 states. I take it Ohio is not one of those states. Am I correct in that understanding? Mr. Dorr. I believe it is. Ms. Kaptur. It is one of the states? So any part of Ohio that's rural would qualify? Mr. Dorr. There are--the loan application and the approval process specifically designated certain counties and certain communities. Ultimately, as this plan is built out and they attain the build-out designated in their plan, my expectation is that they will wish to expand to other areas that are underserved adjacent to the areas that they're presently serving. Ms. Kaptur. If there's any information about Ohio, I would greatly appreciate that as part of the record. Mr. Dorr. Sure. Mr. Andrew indicates that we are--they are going to be building out in 50 communities in Ohio, they'll be investing about $24 million of this project in Ohio. Ms. Kaptur. Do we know--Ohio has 88 counties. Do you know how many counties that may touch? Mr. Dorr. I don't, but we can get that information to you. Ms. Kaptur. All right. Mr. Dorr. We would be delighted to. [The information follows:]
Ms. Kaptur. Thank you for your leadership on that. RENEWABLE ENERGY I agree with the statement that you made not so long ago. Renewable energy is the biggest opportunity for economic growth and wealth creation in our country. I totally agree with that. The facts are that since this president has assumed office, America is importing a billion more barrels of oil per year than at the beginning of this decade. Whereas in the past, we had about a third of our trade deficit was comprised of petroleum imports, today it is 51 percent. So it's getting worse. So all of us have an enormous role to play in that. I'm glad you see the Department of Agriculture's in that, Mr. Secretary. And I'm very interested in the fact that in the budget submission, and I realize we have a farm bill out there, but in the budget submission, the administration, in terms of energy, zeroed out rural economic development loans, value added grants, renewable energy efficiency grants, renewable energy efficient loans. I know your interest and your deep commitment to energy independence. Could you sketch for this committee how you view your role in that, as a result of this budget submission. And also in answering that question, in last year's appropriation bill, we had specifically identified wind production as a priority area for the utilities program. Could you address that, as well, as you respond to this question? And I thank you so much. Mr. Dorr. Well, certainly. Yes, you're correct, in terms of what is in the 2009 budget submission. I also, however, wish to point out that the Farm Bill proposal that was presented by the president and Secretary Johanns now well over a year ago clearly had a large component committed in what we call a new platform structure for energy programs. I believe the request was for a budget authority that would support a $2.1 billion loan guarantee program for biofuels, particularly in cellulosic refining, enviro-refineries. We had submitted a budget request for $500 million for the research title. We had included another, I believe, $500 million for what was the old energy efficiency and renewable energy portfolio, and I believe there was another $150 million submitted in that for research in the old 9008 biomass research and development portfolio. Clearly, we don't know where the farm bill is at this point. I sincerely hope we have a bill that will support what the president has laid out in this. The thing that I think is also important to point out, and obviously we're on different sides of the aisle, but I believe the President has had an extraordinarily strong commitment to renewable energy, and in that vein, early on, we got very engaged at USDA working collaboratively with the Department of Energy, and I believe that the relationship that we have developed with the Department of Energy using their technical and research assistance in the implementation of our energy efficiency and renewable energy program, or the 9008 biomass R&D program, has been extraordinarily beneficial. We're not duplicating things that they do and vice versa. So that collaboration has actually evolved now to a greater extent through the biomass R&D board in which we have co- chairs, and the Secretary of Agriculture and the Secretary of Energy co-chair that committee. I'm the designee from Agriculture. Alexander Karsner is the designee from Energy. But we also meet monthly with representatives from EPA, CEQ, and all the other agencies very much involved with this entire issue, and I think it's bringing a lot of focus to the entirety of the efforts. In response to your last question about wind, clearly, wind is a large component of renewable. Mr. Andrew's programs allocate $200 million a year to renewables as a set-aside. Jim, do you want to address that issue? Mr. Andrew. It is not specifically designated. I mean, we did specifically designate for renewables. We have done several wind projects. We have several that we're looking at right now with at least 500 megawatts of power that will be incorporated--$200 million out of our budget set aside for renewables---- Ms. Kaptur. Are those mostly west of the Mississippi rivers, sir? Mr. Andrew. No. Two of them are in Missouri, one of them is in North Dakota, one is going to be in parts of South Dakota. Ms. DeLauro. Thank you, Ms. Kaptur. We will move to a second round, and obviously, more questions. Just a couple of points, I think, for clarification. And I'm not going to ask you to do this now, Mr. Secretary, but I think that there's over-reliance on what is going to come from the farm bill, and we are going to be in very, very serious shape if the extent to which you are hoping that the farm bill is going to provide you with all of these resources. As I said earlier on, there isn't any request that is 100 percent, and I haven't yet heard anything about contingencies as to what we do with all of these programs if there is no farm bill. ELIMINATION OF PROGRAMS But let me move to a couple of other areas. This is--the Economic Research Service was here about three weeks ago. I want to just give you this quote. ``Analysis shows that poor rural counties generally receive more grants and fewer guaranteed loans than rural counties in general. Poor communities often lack the ability to repay loans, given their limited tax base. This problem is exacerbated in small communities where the per person costs of providing public services are high. Consequently, the recent shift from rural development grants to direct or guaranteed loans may make it more difficult for low- income rural communities to finance local environmental infrastructure, telecommunication services, and community facilities.'' ERS, sitting where you are not three weeks ago. The rural development budget proposes to eliminate most of the grant programs, some of the direct loan programs, in favor of guaranteed loan programs. But budget justifications say more communities can take on debt to address needs in this low interest rate environment. How do you plan to assist the other communities that cannot afford to take on debt, the more impoverished communities that need environmental infrastructure, telecommunication services, and community facilities? Mr. Dorr. I was not aware of that document until after the fact, and had I been asked to edit it, I probably would have at least asked where they pulled all of that together. Again, we all know that there are certain communities that have significant problems. We have limited resources. We have aggressively tried to address many of the housing issues that we felt we could address within the context of this budget. Our grant levels are nearly, including the rental assistance, nearly at the same level that they were a year ago, and we will continue within the framework of the limited resources we have to try to mitigate those, but also try to facilitate mechanisms to create opportunities that historically haven't been looked at. Ms. DeLauro. Without rental assistance, which you're correct about that, but you also talk about your mission as to, and first priorities, as to dealing with the most vulnerable and the lowest-income areas, and clearly, I'm going to have you talk to ERS as to where they got their data, but that's data that they provided us here. LOW-INCOME HOUSING In terms of rural housing, again, a proposal to eliminate direct Section 502 single family housing, direct Section 515 rural rental housing. The budget says that we will receive a legislative proposal to increase the guarantee from 2 to 3 percent. Budget request is also proposing to remove the subsidized interest authorization and the fee component of the Section 538 guaranteed multi-family housing loan program. How will these guaranteed programs provide the same home ownership or rental opportunities that are provided through the direct Section 502 single family housing, direct Section 515 rural housing loan programs that you propose to eliminate? Also, you are also going to increase fees in the guaranteed programs. It would seem that you have given up on helping very low-income achieve housing assistance. Mr. Dorr. I'm actually going to ask Mr. Davis to respond to that, but before he does, I just want to say at the outset, I don't think there is, we have not given up at all. As a matter of fact, I believe that our housing programs have been extraordinarily aggressive and successful over the last few years. We know that we can clearly reduce costs and access a lot more potential homeowners, even in these very low-income categories, as we have already been doing through the guarantee portfolio. We believe that, properly structured, we can continue that trend with perhaps some more level of enhanced subsidy. But, for example, just to access that market, you have 2,300 bankers that are involved in our programs, as opposed to 448 offices. Just merely to be able to contact people and to get them into the program alone through these kinds of marketing strategies makes a big difference in the number of people you can contact, plus we---- Ms. DeLauro. Before we move to Mr. Davis, let me just add, on February, I believe it was February 28th, the secretary wrote to the president of the Senate, the vice president, ``I'm submitting--Rural Housing Section 502 Guaranteed Loan Enhancement Act of 2007.'' In the letter itself it says that the average income of a direct home ownership customer 2007 is approximately $25,000, because you've got--it says that we're going to deal with direct home ownership programs targeted to very low-income home owners. Now, the data that is then presented indicates that the average income of a guaranteed home ownership customer in fiscal 2007 was approximately $45,000, and the majority of customers are in the moderate income range. The statute allows USDA to guarantee only fixed rate 30- year term loans to ensure long-term affordability. Through the proposed new subsidized guaranteed home ownership program, USDA anticipates helping families with an income of approximately $35,000 at a lower cost than providing direct loans. You're not going to deal with the people who are at the lower income people. This is the recent legislation sent up here to deal with this 502 program. So one more time, you are not going to be dealing with the low-income people, the lowest-income people that you lay out as your first and foremost responsibility. Mr. Dorr. Well, and I appreciate your concerns on this. I think therein lies the crux of this entire sub-prime issue. Obviously, there are all kinds of debates about whether or not, in a general sense, we were placing people into homes who couldn't afford homes, who would have been better off in apartments, and consequently, whether we're going from 25 to 35 thousand, but we are in fact funding rental assistance in a way that would make affordable multi-family housing---- Ms. DeLauro. My time has expired. Mr. Dorr. Okay. Ms. DeLauro. We're going to get to that, and we're going to get to the sub-prime before this hearing is concluded. Mr. Kingston. DEFAULT RATE FOR BUSINESS PROGRAMS Mr. Kingston. Mr. Dorr, you had mentioned earlier that there was a default rate on the direct loan of 47 percent and 5.75 percent on guarantee? Mr. Dorr. That was on the business and industry loan portfolio, not the housing portfolio. Mr. Kingston. That statistic caught my attention, anyhow. Can you talk about that, why the default rate is so high? Mr. Dorr. Well, I think this is anecdotal and subjective on my part, but it would appear to me, as a farmer and a businessman, that what was occurring, obviously, were well- intended people presenting opportunities in which government employees were making a determination as to whether or not a business opportunity was viable, and so it was a decision that was made between a government lender and a private investor as opposed to a decision that's made between the private investor enticing an originator, his local banker, and perhaps other investors to look at the project, to really flesh it out, make sure that it's viable, and then ultimately, if they concurred, to originate a loan that they ultimately bring to Rural Development to lay off some of the risk through the guarantee. Clearly, what you do, it's much like the Open Range loan. It took two years to make the Open Range loan, and in that process, it effectively got scrubbed--more technology, more refinements in the business plan, and a whole host of other things took place. That's essentially what happens in the guarantee process, and I believe that because you've got local investors, local business people, and local originators involved in the process, there's a much higher level of chance of success, and consequently, the long-term benefits are substantively reduced default rates. Ms. DeLauro. Mr. Kingston, can you yield for a second? Mr. Kingston. Yes. Ms. DeLauro. I will give you the additional time. I think there's a--isn't this a product of an administrator who was pushing bad loans against staff advice, and my understanding was that he subsequently has resigned, but he even had asked staff, when they began to find out about what he was doing here, that he asked to have the documents shredded. He has subsequently resigned. But I mean, part of what you're saying in terms of this rate was an administrator who was in fact pushing bad loans. I'll increase your time, and I'm sorry to take away, but I think this is an appropriate time to mention this. Mr. Dorr. Well, I believe that occurred prior to this administration. I'm not aware of a staffer who was doing that during this administration, and we are still working through those loans-- -- Ms. DeLauro. Wasn't B&I killed after that, though, wasn't that the case? Mr. Dorr. No. No, I mean, we still have the business and industry loan program going forward aggressively. Ms. DeLauro. But the direct piece, the direct piece. Mr. Dorr. We, when we got there, we made a decision that we would disengage from making direct loans, as a result of the portfolio that we had. I was not aware of the prior activity of the prior staff people. RENEWABLE ENERGY WEALTH IN RURAL AMERICA Mr. Kingston. Okay. Mr. Dorr, on a different subject, you had mentioned that there would be a half a trillion dollars in wealth moving to rural America? Mr. Dorr. What I was indicating was that, if we're importing roughly 5\1/2\ to 6 billion barrels of crude oil a year, at $100 a barrel is a half a trillion to 600 billion, if we can displace a billion barrels of that, or over a period of decades, much larger percentage of that, that's income that can be largely generated from rural resources. I mean, biomass, wind is generally cited in rural areas, photovoltaics can frequently be put on buildings, large solar generation projects are rural in origin. So yes, a lot of that would be originated in rural areas. Mr. Kingston. Well, in terms of the money that's going there now, the new wealth, how much money actually gets to the hand of smaller farmers and the general population versus large corporate players? Mr. Dorr. That's a terrific question. It's one that I've spent a lot of time thinking about. I'm not sure we have enough time here at the committee to go through it. But I will give you one very quick example. Mr. Kingston. I want to say, Ms. Kaptur, I think, would probably be interested in this answer, as well, so if it is something that you can---- Mr. Dorr. I'd be delighted to--I'll give you one example. My home town of Marcus, Iowa, started development of an ethanol plant in 2001 about the time I left. I was not in a position to participate in it. It went on line in 2003. The original shares, of which they raised locally about $15 million, they needed some investors to put in some additional money, local shares were sold for $1,000 a share. Today, more or less, they've split, but back to the old basis, they're now worth something in the neighborhood of $9,000 to $10,000 a share. The company has now doubled its capacity to 100 million gallons. I believe that they have paid out nearly, at least 10 and maybe more thousand dollars in dividends against those original shares, so everybody has got their money back more than once. Land values have obviously escalated in the area. The community has built a new truck stop. They're building a new motel. They're building several new homes in the community. That plant has, I believe, probably in excess, nearly four dozen jobs, all high-value jobs. That plant was built at the very outset, at the front end of the ethanol, the dry mill process. To raise $80 million of capital in a rural community is a very cost-prohibitive thing, when you have to go out and do that many transactions. And so now, when you have technology and a business model that works, it's easier to go to Sioux City or Omaha or Des Moines or Washington or Toledo or wherever. You can raise the money in four or five or six transactions. My concern is not that rural Americans can no longer invest in this. What we have to do in the context of policy makers is figure out ways to make it less onerous for local people to invest in funds that developers can go to so that ultimately, 20 or 30 or 40 percent of these funds can actually be local funds, but run through a local investment vehicle. Those are going to be state issues as well as investment and security regulatory issues at the Federal level. I think we need to address those and ultimately, if we do, we can keep a lot of this wealth in these rural areas if we're creative about how we do it. Mr. Kingston. Thank you. Ms. DeLauro. Mr. Bishop. Mr. Bishop. Thank you very much. Mr. Dorr, I know you're a short-timer, but I would like very much if you or some of your staff could come and visit my district and actually sit down with some of the communities like Chattahoochee County, to work through some of these issues, so that we can have--their basic need is just a well, so they can provide water and sewer. BUSINESS AND INDUSTRY LOAN GUARANTEES But let me turn to the loan guarantees and the rural banks, following up on some of what was alluded to earlier. The rural development business and industry loan guarantee program guarantees loans for banks in rural communities and the businesses that will provide economic growth for our rural communities. There have been several instances where USDA has been accused of hanging these small banks out to dry, and where you have actually defaulted on the guarantee. One example, which of course makes small banks reluctant to participate in the guarantee program, the example is in the First State Bank of Blakely, Georgia. The complaints in my office have been that the program regulations placed all the responsibility on the lender to determine the eligibility of a proposed borrower and a loan for a guarantee, and in short, once the lender has certified that a loan is eligible, the agency must issue a guarantee, and it has no discretion to undertake its own review to refuse a guarantee. Shouldn't the agency have some of that responsibility? We've got a First State Bank participating in the guarantee loan program. There was a default. And of course, when they turned to USDA to make them whole, USDA said, ``No, you shouldn't have made the loan.'' And so they were left hung out to dry. And of course, we tried to intercede to assist them, to no avail. They went all the way up through the process, but still, you know, it left a very, very--a real chilling effect on local community banks getting involved in a guarantee program when they're worried about, if they do participate, being left out to dry in case they need the guarantee that's supposed to be brought out as a backup for them. Mr. Dorr. Well, I'm not familiar with this particular situation. I also know that there have been some of these kinds of cases that have arisen over the years. We have, at least I have aggressively tried to institute processes and oversight in a way that would preclude these sorts of things from happening, but I would be glad to sit down and review it with you or, you know, get into this. I do know that it is, historically, it has been the requirement in the guarantee program that the banks provide servicing of these guaranteed loans. They originate them. We know that they can sell off part of the loan. But we also know that by servicing, they can also generate revenue. But we do expect them to service the loan, because we don't have people out there next door to whomever this new company might be. I suspect in this particular case there were probably some disagreements as to, you know, how the servicing was handled. I don't know. But I do know that we're doing everything we can to try to make certain that those kinds of issues don't occur on a regular basis---- Mr. Bishop. Do you understand then the concern that the subcommittee has with the shift of the guarantee program away from the direct programs which seem to be backing away from providing the service to the people who actually need it, and, you know, it's almost passing the buck, and not really actually grabbing the bull by the horns to help our rural communities that need the help, where there is the poverty, where there's the greatest need for economic development, the greatest need for the broadband and the Internet to try to equalize that playing field, but it seems as if the policies that you're putting in place are actually doing the opposite to what you profess to be your objective. Mr. Dorr. These issues that you raise relative to this First State Bank of Blakely are, in all sincerity, rather rare, and so I mean, I understand your concerns, but I do believe that, in the long run, and it takes some time to transition into these, but in the long run, the wealth that we create, that's created by this partnership of local participants, the local banks, the local entrepreneurs, that the loan guarantee from the Federal Government in the long run pay pretty substantive dividends. We certainly would be delighted to come down and spend some time, even in the short time we have, to see if there is something that we can do that would address some of these issues. Mr. Bishop. Thank you. But may I just make one statement, Madam Chairman? The problem is that, and when you look at rural communities, you don't have a lot of rural banks, and they all know each other and they all are aware when one of their brother banks, brother or sister banks gets burned, and they try to learn from those experiences, and if they don't trust USDA, the guarantee program, they're not going to participate, because they don't want to be stuck like their neighbor was stuck. Ms. DeLauro. Mr. Lahood. Mr. LaHood. Thank you, Madam Chair. BROADBAND FUNDING Let me go back to this broadband issue. The chairwoman brought to my attention, that you had the authority to provide broadband loans at 4 percent, but none of those funds have been requested for this program, and so we're curious as to your explanation why these funds have not been requested for these broadband loans at 4 percent to rural communities. Mr. Dorr. I believe in the budget that we proposed we were also, excuse me, in the Farm Bill proposal, we had added, I believe it was about 375 million as proposed infrastructure issues that would have been utilized in the broadband area in conjunction with the anticipated carryover funds that we had in the existing program. Mr. LaHood. So are you saying that because you were writing--participating in the writing of the farm bill, you decided to use this money and lop it over into that program, or lop it over into the new farm bill, or what? I don't understand---- Mr. Dorr. We were, we have embarked on something called the Delivery Enhancement Task Force, which could get pretty muddy, but essentially what it is is a process to, and I may have mentioned this last year, but we historically say we have somewhere between 40 and 50 programs in rural development. Essentially what we have are grant programs, direct loan programs, and loan guarantee program. They were so convoluted and complex that it seemed to make sense that we ought to look at how we could mitigate the delivery, the ease of delivery, both for our constituents and for our associates and their ability to deal and roll out these new programs. What we've done essentially is aligned them, what we call platforms, a loan platform, a direct loan platform, a loan guarantee platform, and a grant platform. In the Farm Bill proposal, as we laid this out, we delivered, we developed a grant platform approach, and in that, we put, and a loan guarantee approach, and we plugged in a number of these new options and new approaches in the context of the Farm Bill proposal with the budget authority, what I believe in the overall president's proposal was about $4.8 billion over baseline. That obviously is a subject for debate that's still going on. So no, we did not displace funds. In fact, we enhanced our rural development programs with the way in which we approached that and layered on the 2009 budget approach. Mr. LaHood. Well, you're from Iowa and I'm from Illinois. I just want a simple answer to the question. Why didn't you request the funds? Why weren't the funds that were a part of your budget at a 4 percent rate, why weren't they requested? Just give me a simple answer. Don't do bureaucracy speak to me here. Mr. Dorr. We thought we had adequate funds and we thought it was appropriate the way we budgeted them into the Farm Bill proposal. Mr. LaHood. So you didn't want to spend them under the current program, you wanted to put them into the new farm bill? Mr. Dorr. We had authority under the current program with carryover dollars, and we felt that, in conjunction with what we would get through the Farm Bill proposal, would be more than enough to take care of that program. Mr. LaHood. So rather than requesting the money, you decided to take that money and include it as a part of the new farm bill? Is that right? Mr. Dorr. I believe that's probably one way of viewing it, yes. Mr. LaHood. Look, if your previous answer to my question earlier under the first round was that you're committed to broadband, which I believe you are, coming from Iowa, I know you know the value of it, and you expressed that, I don't understand why, you know, if there are--I know in Illinois there's some broadband proposals out there. Senator Durbin has been leading the charge on this with our delegation. I don't quite understand why, when you know there are proposals out there, you wouldn't make the request for the money for those states that are ready to go or at least want to get this program started, rather than moving it into a new farm bill. I don't get it. Mr. Dorr. That was the decision that was made. That's---- Mr. LaHood. By the secretary or who? Mr. Dorr. It was a decision that we made as we put together our budget in the context of the entire budget proposal for both the 2009 budget and obviously what we felt was an appropriate and a progressive Farm Bill proposal that was submitted in January of 2007. Mr. LaHood. I'll be honest with you. You know, your answer in the first round showed a strong commitment to broadband. Mr. Dorr. That's correct. Mr. LaHood. This mechanism, by transferring the money, shows no commitment to broadband. You had money. It was never requested. There are states out there that are ready to go with broadband. And yet you're lopping it over to a new farm bill, which we can't get agreement on. You know what? I don't understand the logic of that, at all. Was that your decision or was that--I'm asking, was that your decision or the decision of somebody higher up? Mr. Dorr. It was a decision that we worked out within the department. Mr. LaHood. Did you agree with it? Mr. Dorr. Yes. I mean, it was a decision that we concurred on. Mr. Bishop. Will the gentleman yield? Mr. LaHood. of course. Mr. Bishop. You're saying that when you were working out your budget, Mr. Dorr, for that particular project's programs, you didn't consult with OMB at all? OMB had no part in your decision not to request it and the decision to carry it over rather than request it? Mr. Dorr. Certainly there are a number of people involved in these decisions. Mr. Bishop. I'm talking about the agency, OMB, Office of Management and Budget---- Mr. Dorr. Certainly. Mr. Bishop [continuing]. White House. Mr. Dorr. Mr. Steele's office, the Office of Management and Budget, a number of us worked together on these projects, and when we get down working through them, we clearly come to a conclusion. I think that there was--wait a minute, what's this? Mr. Steele. Excuse me. In the budget, we have $298 million of direct loan activity for broadband. Mr. Dorr. Right. Mr. Steele. In the budget. Mr. Dorr. Right. Mr. Steele. We're not eliminating anything, we're trying to continue---- Mr. Dorr. Exactly. Mr. Steele [continuing]. The broadband direct loan program. Mr. LaHood. Madam Chair, can I just ask my question again? I'm going to just read this to you. You have authority--you have authority to provide broadband loans at 4 percent to rural communities where broadband services do not currently exist, yet you have not requested funding for this program. It would seem this subsidized program would help get broadband to rural, underserved areas, so why are you not requesting funding? And your answer is, because you took the money--well, fine. Shake your head no. Give me a better answer, then. If you-- are you telling me there's $270 million in the current budget? Ms. DeLauro. But it is at Treasury rate. It's at Treasury rate. It is not at the 4 percent rate. You're using the Treasury rate dollars and, the Treasury rate, and not the 4 percent rate. Mr. Dorr. That's right. And the Treasury rate money is very, very close to the 4 percent money. Mr. LaHood. Well, look, please don't tell me that you're committed to broadband when you haven't requested the money and you took the money and lopped it over into a new farm bill that we haven't passed yet. So please, sir, don't tell me that you're committed to broadband when you haven't requested the money, and there are states out there that are ready, including Illinois. The silence is deafening. Thank you. [The information from USDA follows:]
Ms. DeLauro. Thank you, Mr. LaHood. Ms. Kaptur. Ms. Kaptur. Thank you, Madam Chair. DEFINING RURAL AREAS In last year's questioning, Mr. Secretary, I asked you about certain dysfunctions inside of the rural development budget where you have agricultural enterprises that are operating within cities, and obviously cities aren't eligible for agriculture funds. For example, greenhouses. I represent the two largest greenhousing, floriculture, nursery counties in Ohio. The response of the agency last year to me when I said, ``Can you look at site specific agricultural enterprises that, through no fault of their own, are inside city limits and are neglected enterprises,'' the answer the administration submitted back to me was that, ``Rural development is aware that, for example, greenhouses are among those entities that have been feeling the effects of population growth and increasing density in formerly rural areas. We are hoping we can complete our research and consider alternatives to our current methods of determining location-based eligibility issues.'' Could you tell me, or someone from the agency, have you made any progress on that research, and what do we have to offer rural enterprises that, through no fault of their own, end up being inside a city or inside an urban county? Mr. Dorr. We've actually laid on the table in the Farm Bill debate a proposal that would make available B&I loan guarantees to a city or town with a population of 50,000 or more, that would exclude communities of 50,000 or more, and the urbanized area that is contiguous and adjacent to it. To the extent that these communities of 50,000 with urbanized areas contiguous to it are where these operations are located, then, frankly, we are precluded statutorily from making loans to them. Ms. Kaptur. But if they are under the IRS Code in every other measure an agricultural enterprise, all I'm asking you to do is to look at their conundrum. Most of our small truck farmers and our orchard producers, our greenhouse growers, are near their market, and I'm not asking you to make a major change in the way that you deliver programs, but if you look at these struggling enterprises that are the major farms that feed our--that give donations to our food banks, that operate without any government subsidy--these are unsubsidized, they're not necessarily row crop producers, but they are growing vegetables, they're growing fruits, they're growing herbs, they're operating their greenhouse floriculture nursery--there's some dysfunction within USDA. I understand the definition, and I heard what Congresswoman Emerson said about all this money goes to urban areas. Well, there's quite a bit of money that goes to rural areas for row crop producers. But if you are an unsubsidized farmer and you are out there in the market and USDA ignores you, that's not right. That's not right. There ought to be some kind of way to make a, we used to just call it nonconforming use in city planning. If they're operating as agriculture, see them as agriculture. Mr. Dorr. We are precluded by statute from making these loans. If the statute is changed, then we could address this issue. But if they are statutorily precluded, I'm not certain what either Rural Development or anyone else in USDA can do to mitigate-- Ms. Kaptur. But there ought to be a waiver, there ought to be ability for a waiver. I would appreciate any advice. We don't want to mess up your operations, but it's unfair to these people, most of whom are small businesses, small family run enterprises, to treat them any different than somebody who is outside, you know, the border of the city limits or the county limits, when they're in the same business. So I would really, I'm urging you, please, give me ideas. Mr. Dorr. Well, I think it is an, it requires some sort of statutory fix. I suspect if I waived statutes that you and your members put in place, I would be spending time someplace else. So we can waive a reg, but I'm not aware---- Ms. Kaptur. Maybe you need a waiver authority is what I'm saying. I can't believe that other members don't have this issue. And it's come up time and time again, if a greenhouse is located five miles down the road, they're eligible, if they live in a town of 5,000, but if somebody happened to end up in the city next to this area, and they're stuck there with all the other--I mean, hey, I got farmers with tractors being stolen inside the city limits. I mean, there's all kinds of issues these people face, and yet USDA turns their back on them. I think there ought to be some type of waiver authority. Maybe we have to write it into law. I know my time has expired, Madam Chair, but this is really frustrating. And America today has over 300 million people. When I was born, they had 146 million people. We're just getting more and more--we'll have 500 million people by 2050 in this country. And, you know, our objective is so help the farmers that want to stay in business, so something is not right there, and I was just looking for any suggestions you might have. We'll write legislation up here, but your vast experience might help us tailor it in a way that would not be terribly difficult for you to implement. That's what I was---- Mr. Dorr. I would be delighted--if you would send a request to us, we would be delighted to provide whatever assistance we could in drafting. Ms. Kaptur. Thank you. Ms. DeLauro. Ms. Kaptur, let me just say as well, that when we get the information, we ought to sit down and have committee members and so forth take a look at this and see what might make sense, because your point is well taken that there's probably a lot of communities that are facing the difficulty. BUSINESS AND INDUSTRY PROGRAM Let me make a point about the guaranteed business and industry loan program that's been talked about a lot today. The President's budget proposes to reduce funding for the guaranteed business and industry loan program by $300 million. The budget also proposes to eliminate rural business enterprise grants, rural business opportunity grants, renewable energy loan and grant program, the value-added producer grants. I continue to say that given that the farm bill may not be passed before fiscal year 2009, though we all hope it will be, I have not seen any indication, any information, and I suppose what I'd like to do is to understand from you and for the record, if you will, if you will lay out for us how do we plan to fund all of these programs while reducing the guaranteed business and industry loan program? So if you could provide that information for us, it would be helpful. [The information follows:] Rural Business Program Funding When the President's FY09 budget was formulated, we anticipated that a new Farm Bill would be in place by FY09. The Administration's Farm Bill proposal includes provisions and funding for the Renewable Energy loans and grants program. The Farm Bill also proposes authority for a business grant platform. If mandatory funding does not materialize for the programs proposed in the Farm Bill, they can be operated with discretionary funding at the levels that Congress appropriates. RENTAL ASSISTANT PILOT PROGRAM Let me ask about the rental assistance pilot program. The President's budget request is for a new $100 million pilot program for rental assistance vouchers to target rental assistance to low-income tenants rather than the property owners. Why is the pilot program necessary? Wouldn't the existing voucher program allow you the same flexibility that you are seeking? Mr. Dorr. Russ, do you want to deal with that one? Mr. Davis. Yes. You've asked two questions. First of all, why is it necessary? And two, could the current program handle it? The necessity is that there have been great changes in the population in rural America, and where we built the houses 40 years ago is not necessarily where the people or the need is any more. We're asking that about a tenth of our portfolio have the flexibility essentially to have the subsidies follow the people instead of being stuck in--nothing against Western Kansas, but there are places in the country that have had serious migration. So there's a flexibility aspect of that. Also, there's a cost aspect, that there are markets where a voucher would be cheaper than the property that is there, particularly the older, obsolete properties that have high energy costs and so forth. So, more flexible and cheaper. As to whether we could use the current voucher program, we only have a one-year demonstration, and we thank the committee for that. We're actually saving, we saved 1,700 families last year from eviction or loss of their home by having those vouchers. But right now their only protection vouchers. They can only be used for somebody who is in a property that's being lost to the program. So we can't use those vouchers for anything greater. Ms. DeLauro. So what will--the properties that are there, what will happen to those properties? Mr. Davis. According to our engineering study, about a tenth of our portfolio is economically or physically obsolete. Properties get old, and we have properties---- Ms. DeLauro. And you don't have the current tools to put those properties in shape? Mr. Davis. Well, the biggest tool we have right now is the revitalization program. Again, that's a demo that this committee has given us, and we're saving about a hundred properties a year with that, so that's a great program. But there are properties that they're just too old, and it would cost too much to fix them. Ms. DeLauro. So you would raze them? R-a-z-e. Mr. Davis. Well, we wouldn't do that. We would sell them off into the private sector essentially through whatever mechanism, foreclosure or whatever. The private sector would take those and we would use the vouchers to---- Ms. DeLauro. Can you get for us, you know, examples of the properties that you are describing, and---- Mr. Davis. Sure. Ms. DeLauro [continuing]. You know, where they are, what they're---- Mr. Davis. We would be happy to. And--go ahead. [The information follows:] Rural Development's primary priority is to protect tenants, either through provision of the affordable rental housing itself or through vouchers that will make it easier for tenants to have access to affordable housing. A small percentage of Rural Development's Multi-Family Housing properties have come into disrepair and require substantial funding to rehabilitate in order to make them decent, safe and sanitary. We are uncertain of the exact scope of this type of property within our portfolio at this time. Sometimes, the cost of rehabilitation far exceeds the cost to build new housing, or it is not economically viable to rehabilitate a property due to economic conditions impacting demand for rental units in a particular market. The following are several recent examples of properties where it was determined to be more practical to provide alternatives through the use of vouchers than repair existing units. A property in Alaska suffered structural damages. Alaska's harsh weather and negligence by the owner combined to create serious physical problems that made the units uninhabitable. This is a 40-unit property, currently less than half filled. The estimated cost to bring this property to acceptable condition was $6.5 million, or $163,000 a unit. USDA Rural Development has executed foreclosure and plans to sell the property to mitigate losses. The tenants will be provided Rural Development vouchers when the foreclosure is finalized. In Oregon, a 38-unit property which had suffered from years of neglect resulted in USDA Rural Development taking the property into inventory through receivership. As the Receiver, Rural Development has worked to find an acceptable owner to take over the debt and pay the cost of repairs to this property, which is estimated to be $2,965,000 or about $78,000 a unit. No such buyer who will operate the property under federal standards can be found. Since a viable owner cannot be identified, USDA Rural Development has executed foreclosure and plans to sell the property to mitigate losses. Tenants are eligible for Rural Development vouchers which may be used elsewhere to obtain affordable housing. In Louisiana, a 16-unit property was severely damaged by Hurricanes Katrina and Rita. Insurance proceeds were minimal. While waiting for the insurance appeal to be resolved, the property suffered additional damage from mold that was not covered by insurance. The pervasive mold could only be mitigated by tearing down the structure. The owner was unable to obtain tax credits to help finance rebuilding the property. The new construction cost of this property is estimated to be $1,733,000 or $108,000 a unit. Cited by the town because the property was a health and safety hazard, the owner has demolished the property. Rural Development vouchers for displaced tenants have been provided that may be used to secure other affordable housing. Ms. DeLauro. No, no. You go ahead. Mr. Davis. I was just going to say that there's two preservations problems we face. One is preservation of the subsidies, but preservation of properties. Properties get old, roofs fall in, there's fires. And we're trying to, it's that second category that actually has a bigger risk to us. Ninety percent of our properties have inadequate reserves to last another 20 years. We're very concerned about the physical protection of the program. Ms. DeLauro. I will just express our concern here is that are we looking at a proposal to reduce the amount of rental assistance necessary in future years? And that is truly what concerns me with this effort, because as I take a look at what happened with HUD, with the Housing and Urban Development, we did move from project-based contracts, and then we moved to tenant-based focus, and now what we have seen is the scaling, drastically scaling back of those tenant-based vouchers and Section 8, et cetera. Are we looking at a similar trajectory here of a project tenant moving downward to less rental assistance? Mr. Davis. Absolutely not. Our policy is to renew contracts and to protect all of our low-income tenants. Our budget increase is I believe $500 million for rental assistance. Ms. DeLauro. It's $518 million. So let me just add this for a second and have my colleagues bear with me. You say that that's to renew 82 percent of the 2009 expiring RA contracts. Are you proposing to not renew 18 percent of the expiring contracts in 2009? Mr. Davis. Well, the dollar amount is sufficient to handle 100 percent of the subsidized units. What we're saying is that there is a portion of the portfolio that we can house those people cheaper and more flexibly with vouchers. But this is not a major drastic change. This is for the small part of our portfolio, 10 percent that we think is obsolete, misplaced, overpriced. And this is a fix, not a change. Ms. DeLauro. But one-tenth is about 18 percent. Mr. Davis. I'm not sure about the 18 percent. Ms. DeLauro. I mean, no, there's the one-tenth that--18 percent---- Mr. Davis. The difference is that there is about 10 percent of the portfolio has long-term contracts. They had five or 20- year contracts, and those don't need to be renewed. They have enough cash in the bank to go for another 5 or 20 years. So we're talking about just a small portion of the portfolio. Ms. DeLauro. Mr. Kingston. FARM LABOR HOUSING Mr. Kingston. Thank you, Rosa. Mr. Davis, you had mentioned earlier about you found that it was costing $150,000 a unit for apartments. Do you want to expand on that? Mr. Davis. Well, this is the farm labor housing program. There are a couple of things that add to the cost. Number one, it's subject to Davis-Bacon 515 isn't. There are a lot of things like that. But also farm labor housing has to be made stronger. There's a lot more turnover in the units, and so we have to use heavier materials and just build them stronger because people are in and out of there with boots, mud, whatever. It has to be built tough to last. Mr. Kingston. How much extra does Davis-Bacon cost? Mr. Davis. I could get you numbers on that. I'm not--I know that there are a series of different provisions for new construction of farm labor that we don't have in 515. [The information follows:] The section 516 Farm Labor Housing (FLH) grant program requires that all projects utilizing grant funds must certify that laborers building or rehabilitating the property must receive prevailing wages as required under Davis-Bacon. Projects that utilize only the section 514 Farm Labor Housing loan program do not have this requirement, nor does the section 515 Multi-Family Housing new construction or rehabilitation programs. However, the majority of the FLH projects financed by Rural Development utilizes a combination of both section 514 FLH loans and section 516 FLH grants, and consequently must abide by Davis-Bacon wage determinations. USDA Rural Development does not have precise figures on the additional costs the prevailing wage requirement adds to the overall costs of the FLH projects. It is estimated that labor is approximately 30 percent of the cost of building a FLH project and that the prevailing wage requirement adds approximately 20-30 percent to the cost of the labor. With the average cost of building a FLH unit at approximately $150,000 based on the 2006 data, the labor component is estimated to be approximately $45,000 per unit. The impact of Davis- Bacon is estimated to add approximately $10,500 per unit or approximately 7.5 percent of the cost per unit. Mr. Kingston. And when you say that they have to be built stronger, stronger than what? What are you comparing it to? Mr. Davis. Well, I'm comparing it to our Section 515 new construction. But a lot of it is just the type of the units have changed. We used to build a lot of dormitories. You could put four bunks in a room. Now we're building four- or five- bedroom units because we're seeing large families instead of single migrant workers, we're seeing a lot of families who have large numbers of children and then the parents go work farther out. It's just a different product. Mr. Kingston. Are these for H2A workers or for anybody? Mr. Davis. We have--and Section 514 and 516 of the Housing Act restricts us to only citizens or permanently admitted aliens with green cards. H2A doesn't fall under that, and so we're limited. Mr. Kingston. Do you have any other problems that you want to bring up on it? Mr. Davis. On farm labor housing? Mr. Kingston. Yeah. Mr. Davis. You know, obviously, we support the idea of farm labor housing. It's just in its current configuration, we can't put the money out responsibly and in a way that we think is--we can do it other ways a lot cheaper. Let me put it that way. Mr. Kingston. Okay. Let me yield back. Ms. DeLauro. Let me just take--well, Mr. Bishop. RURAL COOPERATIVE DEVELOPMENT GRANTS Mr. Bishop. Thank you very much. Rural cooperative development grants program is small, but it's very effective in funding co-op development centers that provide critical technical assistance to co-ops that are revitalizing rural communities. Despite annual demand, which more than doubles the amount that's been given out annually, the program has never received more than around $6 million or $6.5 million. Given this fact, given the fact that the program has leveraged millions of dollars for cooperative development in rural areas, created hundreds of jobs and businesses, and providing grants to far fewer centers that are seeking to be funded, wouldn't it make sense for you guys to be requesting more money for this program by rural areas? Mr. Dorr. I believe that the way the program is presently operating, we are addressing the majority of the needs. Mr. Bishop. You're saying that you didn't have a greater demand than you were able to fulfill? Mr. Dorr. We always have greater demands than we can fulfill, on virtually any program at a particular point in time or in whatever set of unique circumstances. Mr. Bishop. Isn't this acute? I mean, don't you always have that repetitively every year? A greater than demand than you have funds? And wouldn't that suggest in your planning that you would ask for more money? Mr. Dorr. There is always an acute demand for grants. There's no question about that. Grants are obviously something that people look at a great deal. What we have tried to do with this Rural Development grant program is foster an appropriate utilization of those funds to build out other economic opportunities, and I am certain that if we had more grant funds, there would undoubtedly be requests for them. We believe this is an appropriate level for that program. Mr. Bishop. But if you run out, and if the program is delivering the desired results, wouldn't that magnify your results if you asked for more money and you were able to magnify your output? Wouldn't that give you greater results? Mr. Dorr. If that was the result, yes, that would. Mr. Bishop. Are you saying that they're not working? Mr. Dorr. No. I'm not saying that they're not working. I'm saying that there are challenges to any grant program, and we believe that, I think we've requested this year about $5 million for the program. We work closely with those that are engaged in the program. We're actually trying to work on a couple of agendas, not agendas, but a couple of projects that enhance the productivity from producers that are involved in-- -- Mr. Bishop. Isn't that a drop in the bucket, though, compared to many of your other programs? This is a small amount of money that has the capacity and the potential and has apparently proven to be exponential in the results that it gives. So why would you cut back on that when--I mean, it's like being penny wise and pound foolish. Mr. Dorr. Well, certainly there are challenges for resources, and this was a decision that we made, and we may disagree on it, but we believe that this is--this is a program that continues to function pretty well the way we have it, and we continue to work with the participants. Mr. Bishop. I just--I'm just baffled that you have such lofty goals and objectives, yet you, when it comes to acting on them, you seem to be actually doing the opposite. You know, you're cutting back your requests for resources to deliver on the programs that you say are so important and that are so workable. It sounds like doublespeak. Mr. Dorr. Well, Mr. Anderson just sent me a note, and he indicated, because he administers the program, but he had indicated that this is pretty consistent with the demand. And I believe that's true. We have not had substantively greater demand for that program than, I think we've got $5 million in the budget for that this year. Mr. Bishop. And last year it was six, six and a half? Mr. Dorr. No. I think it was five. What was it, five last? Okay. It was $9 million last year. Excuse me. Mr. Bishop. You reduced it 40 percent. Ms. DeLauro. Ms. Kaptur. RENEWABLE ENERGY OPPORTUNITIES Ms. Kaptur. Thank you, Madam Chair. Mr. Secretary, again I repeat your quote, which I really like, ``renewable energy is the biggest opportunity for economic growth and wealth creation in our lifetimes.'' And I'm glad my colleague, Congressman Kingston, has returned, because I wanted to follow up on his excellent questioning a little bit earlier, and our mutual desire to keep wealth and grow wealth so that those who are most involved in agriculture and in production benefit. And I don't believe we have the financial structure yet. It's evolving, but we don't have it yet, that permit them to buy in and to benefit. We've had several, for example, in Ohio, that have tried to raise the capital you talked about and found themselves unable to do this so some of the big players in the market come and get involved and are moving forward. I want to share a quote. You mentioned the Anderson Company in our discussions yesterday. And there was a great--one of the Andersons was Bob Anderson, who is no longer living. And he said to me, you know, Marcy, he said--and they've been involved in agriculture and farming in our community for generations--he said where we went wrong in farming years ago is, he said we didn't allow the farmer to buy up the chain of production. We didn't have the financial means for them to do that, and so now we face an agriculture in America where two or three companies own the ability to control the chicken market, the poultry market, three or four the beef market. I mean, if you really look at the way this is structured. And in many cases, our farmers are becoming sharecroppers again rather than--this may not be happening in Iowa, but I think it is to some extent--where people become contract farmers rather than freeholders. And this is a system I personally do not like, especially with East European background, I know what that system feels like at its worst, and it's not a good system. We always--our country was founded on freeholding. This was the idea. And what I am concerned about in the energy market and where I think you are in a unique role, because of your combination of farming and business background, we need a mechanism to permit farmers and others who support the development of this energy industry across rural America to buy in. I think back to the old Roosevelt model of postal savings stamps. This will sound a little strange. But we found a way to get a denomination that people could buy, no matter what their income, and they ended up buying into that security, that bond. We need something that will permit individuals, perhaps even communities that want to come together and help, to buy into this industry that is just growing at such a fast rate it sort of scares me sometimes, because I think maybe this is going to go the route of the dot.coms. And because we don't have the financial mechanism in place, we're going to have a lot of collapses. Bad things are going to happen, because we don't have the financial architecture in place. We've had situations where foreign companies are coming into Ohio and trying to strike deals with our Farm Bureau, for example, to just lease, say to our farmers, you know, well, we'll lease a corner of your acreage there. You know, we'll pay you fifty bucks a month or a hundred. You know, it sounds great, right? No. Because they don't own it. So my question to is, in your meetings, are you thinking about a way of creating a financial mechanism so that individuals and farmers can--and those who would want to help this industry grow, where we could either securitize or bond or find a means for them to buy in to create that financial platform? We had a biodiesel plant just blow up in our region. Thank God nobody was killed. But they were scraping pennies to try to make this thing work. It shouldn't be that hard. USDA should be there. And they actually got one of those 900---- Mr. Dorr. Six. Ms. Kaptur [continuing]. Six? Five hundred thousand dollar grants, you know. They got used equipment. They were trying to do this, and I think, you know, these are inventive people. They shouldn't have to go through--it shouldn't be this hard when they want to do this. Our counties, that our urban counties want to buy some of what they're producing to power, let's say our downtown civic center, there's no means to connect the city to the producers out there, to take the biomass material and bring it in. It's too hard. It's too hard to--we've got to find ways to connect rural to urban procurement, and we've got to find a financial means to help them invest and to let these deals go forward. You have guarantee authority. You have some loan authority. I know you're thinking about this already. Can you share any of that with us at a big enough level where it would make a difference in communities that are trying to bring up these new, and invest in these new wind farms and solar fields and so forth? Mr. Dorr. Well, we have given a lot of thought to it. I think these are of statutory and ultimately regulatory issues that probably have to be addressed at some point. The reason largely--and I've said this earlier--the reason that many of these distributed energy systems are cost effective is because you have distributed computing. That means that in a general sense, the size and the scope of these various projects will be considerably smaller, yet they'll be multi-million-dollar projects than if you were dealing with a 400 megawatt nuclear or coal-fired generation plant or a more traditional fossil fuel refinery of some sort or a coal mine. Once they begin to work, then it becomes very easy to finance them. The transaction costs involved in trying to get local investment in small sums is a dealbreaker. It kills it. So what you have to try to do in the bigger sense, in the bigger picture, is figure out ways to mitigate the transaction cost, to mitigate the business model and regulatory issues to aggregating those resources so that you can allow local ownership or local participation in these projects. And that, frankly, in many cases, is as much a state issue as it is a Federal issue. For example, how do you integrate a 20 megawatt wind farm into a legacy REC or investor-owned utility transmission system? They react and say, you know, we can't put this in our net metering basis because we already have contracts. We already have commitments. And they're right. Does that mean that they're wrong or that they're nasty because they won't let you in? No. It does mean that we have to sit down and get realistic and sensitive about what do we have to do to develop new regulations and new business models that acknowledge the kind of consistent demand in electric growth that occurs in Toledo or wherever and that part of that can be met by these community-owned wind projects or these other distributed owned energy opportunities in ways that make that sense. I think it can be done, but it's just going to take a lot of hard regulatory and public policy work to develop the mechanisms to do this. Ms. DeLauro. Thank you. I just have two or three questions to finish up. I don't know if my colleagues do. If we do, we will get these questions answered. I think Mr. Kingston doesn't have any more questions. But if one should come to your mind, Mr. Kingston. And we are over the time, but we won't take your time much longer, Mr. Secretary. BROADBAND PROGRAM On the broadband issue, just a couple of comments. It looks--the OIG in their audit in September 2005 found that the program had not maintained its focus on rural communities without preexisting service. Eight hundred ninety-five million dollars in loans, grants, funded at the time are reviewed--OIG reviewed 599 million and questioned the use of over 340 million, almost 57 percent of the approved funds reviewed. I'm still concerned that RUS is not focusing the loan program on unserved communities, and there is going to be another OIG review, as I understand it. Publishing the final rule that would incorporate changes recommended in the 2005 OIG report has been delayed by the Department to incorporate additional changes made to the program once again in the farm bill. Will you move forward and publish the final rule if the farm bill is not signed into law by April 30th, 2008? Mr. Dorr. We will certainly proceed, depending upon what happens with the Farm Bill, to get the final reg out, yes. I believe that is incumbent upon us to do that. I would like to just for a moment go back to the discussion that I had with Mr. LaHood. Ms. DeLauro. Yeah. Let me just---- Mr. Dorr. Sure. Certainly. Go ahead. OPEN RANGE LOAN Ms. DeLauro. Could you have made the open range loan under the new rule as the loan is currently structured? Mr. Dorr. In all likelihood, it may have been very difficult. And therein again gets to the issue of why this program is so difficult to administer. Because trying to identify those areas that could stand on their own or they're completely unserved and underserved is very difficult. Ms. DeLauro. Well that is--it would appear that your answer is a no in that respect or it would have been more difficult. So I don't know what additional modifications would be necessary to make the loan agreement meet the requirements of the final rule, which is more unserved areas, less competitors allowed into underserved areas. And I'm going to submit for the record, which is one of the reasons why in terms of the vigilance and the monitoring of this loan is something that I believe that this committee has an obligation to look very, very carefully at, and in terms of what would be useful to us in terms of that monitoring and the reporting requirements on this loan, because I think we have-- are within a month of a new rule with regard to this, and then we have just negotiated the largest loan in the history of this project--of this program that will not conform to a new rule. And it has been delayed because of a farm bill. And it would seem to me that we have almost allowed something to happen without the new set of rules and regulations that we want to implement, and it is of a magnitude and scope that is beyond anything else that we have done and that we may have the ability to monitor in the way that would ensure that federal dollars and taxpayer dollars and everybody else's dollars are going to be safeguarded. Mr. Dorr. You make some good points. But let me point the following out. This loan has ultimately become, we believe, a very strong loan. It took over two years to make the loan, as I indicated before. It is using very unique new technology. There are certain prescriptions that suggest that if they are, if in, and I believe your staff has seen a copy of the letter of conditions or the attachments that went with that loan--if certain conditions are not met by September 1 of 2008, we clearly have the ability to, if we so choose, rescind the obligation of that loan. And I can assure you that we are going to monitor this very closely. For the first time in a loan of this nature, I have specifically indicated that we will assign three of our general field representatives who will do nothing but live, eat and breathe this loan from the time they break ground, and it is a go, until it is done. We will work with the firm and work with our State Rural Development directors to make sure that all rural citizens are aware of this opportunity as it's spelled out in those states. Again, I go back to the fact that we all want broadband deployment, and we all realize that we are effectively redlined without access to the Internet. And yet there are a varying number of competitive technologies that are out there that make it very complicated for the Federal Government to intrude in the private sector's realm of opportunity. And whether we're doing it, in the final analysis, right or wrong I guess history will judge. But we're doing the best we can and our staff is doing I think an extraordinary job of trying to pull this together. Ms. DeLauro. I don't deny that, but I do say this, and I will repeat, because I think it's important to know that we have spent how long in terms of putting together this new rule. And the rule has been delayed, and delayed, and delayed. And now once more delayed because of the farm bill. And in the interim, we are not abiding by what good minds, a myriad of diverse views and opinions felt was the direction in which we ought to proceed in terms of achieving the goal that you want to achieve and what this nation needs to achieve in this area. And we may be at cross purposes with this loan and with the final rule. Mr. Dorr. Well---- Ms. DeLauro. And that is--I mean, I really do believe that that is, you know, it really is, if you will, a dereliction of what our obligations are in terms of the--what it is that we are trying to achieve. Mr. Bishop. Will the gentlelady yield? Ms. DeLauro. Yes. Mr. Bishop. To underscore what the gentlelady is saying, isn't this loan going to usurp just about all of the authority and capacity for this particular broadband program so that there's nothing left for other communities that are not covered by open range to have access? Ms. DeLauro. It's about 90 percent of what we have appropriated. But there is carryover money there, but your point is well taken, because we did this when we--and I might add, and I would just say this in compliments to this committee, on a bipartisan basis--the review of that loan, the review of that loan came, I believe, directly out of the questions asked on both sides of the aisle from this subcommittee. That loan was to have been finalized months ago, but it was taken in for a review based on the questions that came out of this committee. So we are--our responsibility is to be vigilant with the money that we appropriate. Ninety percent of the appropriated money is being used for this loan. Yes, you have carryover. We are concerned as to what happens to the appropriated tax dollars. I think we have--you've stated your position. We have stated our position, and it will--is going to be--we're taking it on as to monitor and evaluate what happens with this loan. Mr. Dorr. I just have one question. You indicated that there was dereliction of our duty or responsibilities, and if you would care to lay those out at some point, I would be most interested in finding out where we've been derelict. Ms. DeLauro. Well, I would just say this about--and I-- because I want to be precise in language. It seems to me not exactly coincidental that the final rule is not enacted and you felt a moment ago that it was the obligation if we're not getting anywhere with the farm bill, that in fact we would proceed to having a final rule by the end of April. And yet, in March--in March, we granted a loan that by your words say it would have been difficult to finalize the negotiations on because of the new requirements that have, as I said, been discussed for a very long time. And they have been--apparently we have sorted it out. Mr. Dorr. Well, let me make this observation. The number of calls that I received from the members in this loan, I had none that were in opposition to this loan. We probably took a tougher look at this loan in our office than any other loan for some of the reasons that you're laying out. In fact, we have $700 million of existing appropriated and carryover authority. This does not deplete the program. We will have $395 million available next year in our telecom and treasury programs. This is new technology. This is a way to mitigate some of those availability issues, and we are going to monitor it very, very closely, and we will share that information with you on a regular basis. Ms. DeLauro. I appreciate that, but I will also say that I do not believe it is coincidental that the final rule was not enacted prior to this contract being let. That's my point. If somebody can persuade me to the contrary, it doesn't have to be here today. Afterward, I would be happy to be persuaded, but I do believe that this--there was someone someplace somewhere who had in mind that, wow, we are going to have a rule that would preclude us doing this, new technology and all. Let's examine it. Let's look at it. Let's get it done. But we are going to delay the final rule until this is done. Now, I don't see how that---- Mr. Dorr. I would respectfully differ from you completely on that matter. That was not the intent. What we were waiting for was a number of things that we believe may come through the legislation that would conform with the way the rule was and would mitigate elongating the difficulty in making additional loans. If that was an error in judgment, I'll subscribe to that. But there was nothing at all in the discussion in our office in the way in which we approached this that was subject to making a loan predicated on prior to a new rule being imposed. And, frankly, that bothers me that you would assume that that's the way we approached it, because that was definitely not the case. Ms. DeLauro. Well, I hadn't approached it until this point, till I find out that, yes, in fact we'll move forward with the final rule by the end of April if the farm bill doesn't generate that. But I take you at your word, and I hope that you do understand my concern, serious concern, that it just seems-- I would be derelict in my duty if I did not ask the question, given specifically that the size of this loan--the size of it-- and the historical size of it, I would not be doing my job, Mr. Secretary. Mr. Dorr. Well, I appreciate your comments, and on the lighter side, I informed almost everyone that I was involved with in making this loan that I anticipated the respected chairwoman would probably have some of these concerns, so this does not surprise me, and I anticipated your oversight. Ms. DeLauro. Thank you. Does anyone have any further questions? I do have one or two things I would want to--Ms. Kaptur? BIOENERGY AND RENEWABLE ENERGY Ms. Kaptur. Thank you very much, Madam Chair. I just wanted to place on the record the cross-cutting budget that we requested in the area of bioenergy, renewable energy programs, we estimate this year $103,975,000 in those programs. The proposed budget is a cut of $85,436,000. I respect what you're saying, that you're waiting for the farm bill, I don't agree with the decision that was made in the bioenergy area. So I do want to place that on the record. You also mentioned in your testimony, your questioning, that you're involved with the Department of Energy and other agencies in interagency cooperation on the energy issue. I want to encourage you on in those efforts. Mr. Dorr. Thank you. Ms. Kaptur. And make a suggestion. I've not been able to get this done. I have a bill to do it. You know, we have a strategic petroleum reserve, and I really react when I hear that middle word. And I really believe America should have a strategic energy reserve, including biofuels. I have one mechanism to get there. I would encourage you to perhaps take a look at that bill, and in your discussions with the Department of Energy, consider how the Department of Agriculture could help transform America from a petroleum-based economy, a carbon-based economy, to a carbohydrate-based economy, along with other alternatives that we have before us. So I just wanted to mention that to you. And you're in a unique position in that interagency group. Also, I wanted to ask Mr. Andrews--Mr. Andrew--in the area of renewables--solar, wind, geothermal--you mentioned several proposals that you have been funding through the utility service. Could you give me a sense of how many--the volume of the requests that you receive in the growing market of renewable energy, what total dollar volume you might be being asked for versus what you're able to fund? And then could you just very briefly describe one or two projects underway that you consider successful that have been launched by local consortias of farmers or farmers in cooperation with municipal powers, for example, or rural electrics that are generating energy through wind, through solar, through geothermal? So the first question is on the volume of requests versus what you're able to fund in the renewables area, and then could you discuss a couple of projects you consider model around the country? Mr. Andrew. First of all, the volume is picking up. The $200 million that I mentioned earlier that we've been setting aside for several years, we've only put out about $190-some million. But the volume is picking up because we're pushing it very hard through our state offices. The wind farms I mentioned earlier, which by the way are west of the Mississippi---- Ms. Kaptur. Thank you. Mr. Andrew. Knowing where you're from, I just assumed you were talking about east, but you were talking about west. They are west of the Mississippi. Ms. Kaptur. Some people mix us up with Iowa, Idaho---- Mr. Andrew. You're right. Ms. Kaptur [continuing]. Ohio. We all have a lot of vowels. Mr. Andrew. Anyway, I'm glad I had the opportunity to clear that up. In Georgia, for example, I'll use that as an example. We have a project there where we're taking, there's a farmer, there's a gentleman up in north Georgia who recognized that we had a lot of chicken manure, they couldn't get rid of it. We're building, we have funded a process where they're going to be burning chicken manure and wood waste out of construction to generate electricity, that will be about 20 megawatts of power that that will be generating, and the electric co-ops are going to put that into their green power---- Ms. Kaptur. Will the gentleman yield? I'm glad you're talking about that because in Ohio, we have a problem with dairy manure. And I don't see the kind of leadership there that you're describing in Georgia in terms of your poultry farmers. Mr. Andrew. Well, frankly, that came from the farmer--I mean, the individual himself, if that's what you're referring to. Ms. Kaptur. All right. Mr. Andrew. In the Dakotas, we've got a dairy farm that was down there by Dairyland Power, which is a generation transmission co-op. They're located in Wisconsin, excuse me. My geography is bad today. But anyway, they've got a dairy farmer was buying the methane gas that comes out of the farm, they're burning it and generating electricity and putting it on the grid. We have several projects that we're talking to now. For example, wood biomass. There's three sites in Georgia as a matter of fact. We'll be taking wood and burning it. It would be renewable. Ms. Kaptur. Sir, may I ask you, could you--could somebody in your agency give me a little summary of those so I could send them to some of our farmers and say, look, this is what's being done---- Mr. Andrew. Sure. Ms. Kaptur [continuing]. Are you aware of this program? Do you do both grants and loans, or just loans? Mr. Andrew. Just loans. Ms. Kaptur. Just loans. And what is the interest rate on those loans? Mr. Andrew. Treasury. We'll be glad to, because we're proud of it. And we're trying to do more and more and more. Our outreach that Tom mentioned earlier, is going to have a great deal to do with this, too, because we're telling more people that we've got these things available. Ms. Kaptur. If you're trying to urge farmers to do this, sir, even though they may be paying Treasury rate on the loan, they're getting a payback through energy generation aren't they? Mr. Andrew. Yes, if they're putting--yes. Ms. Kaptur. Yes. You see, and they really have to--we have to help them understand how this works so they don't feel like they're going to lose their shirts if they get involved in this. Mr. Andrew. Right. Ms. Kaptur. So I would appreciate information we could share with Ohio farmers. I'd really appreciate that. Mr. Andrew. The state director, Randy, has done a good job of this. We've done a lot of work with Randy on this project. [The information follows:]
Ms. Kaptur. Thank you. WATER AND WASTE PROGRAM BACKLOG Ms. DeLauro. Under Secretary, this is a question about rural water and waste and the long-term needs. I know that the Department has put forth a one-time funding increase proposal in the farm bill to address this. But it doesn't close--it's not close to meeting the need. The proposal would have only covered about a quarter of the current backlog, as I understand it, of the projects. How does Rural Development anticipate lowering the water and waste grant backlog and considering that rural development studies show the need for the program to be in excess of $80 billion over the next 20 years, are there any proposals you're considering to ensure this backlog will not continue to grow? Mr. Dorr. Well, there has historically been a backlog in this program. As you recall, the 2002 Farm Bill did in fact give additional funds that allowed us to address about $700 million of that. And as you correctly indicate, we have proposed some additional resources to do that in the Farm Bill. I frankly don't know that the backlog will ever go away. We have had an ongoing outmigration out of rural America. That has meant that we have not sustained or invested in new water and waste infrastructure. We are now beginning to see a stabilization in some areas where this is changing or areas where these systems are worn out. And it's all catching up with us. And it's an issue that I suspect we will continue to work on for some time. One of the things we have clearly done, and I know you're well aware of this, is we have adjusted our loan grant relationship, taking advantage of the lower cost of money over these last few years, to try to extend these funds, and yet maintain a very affordable water and sewer rate in the communities that participate. We'll probably have some disagreements on the approach we've taken on this, but we'll continue to do what we can with the funds that we have available, and we believe that we are addressing this as aggressively as is reasonable. SINGLE FAMILY HOUSING LOANS Ms. DeLauro. This is my final question. This is again about the Section 502 guaranteed single-family housing loan program. I think you would concur a safe alternative for subprime mortgages, for creditworthy low- and moderate-income rural home buyers. The subcommittee provided about $5.3 billion in fiscal year 2008 for the direct and guaranteed section of 502 single- family housing loan programs. Given the unprecedented demand the guaranteed program is experiencing, do you expect that demand will remain strong and grow throughout the rest of the fiscal year as the market continues to adjust from the diminished availability of subprime loans for home purchase loans? Will you have sufficient funds to meet this demand? Mr. Dorr. I would turn to Russ on that. We evaluate that monthly, sometimes biweekly. There was a period of time early in the fiscal year when we thought we weren't, then the market slowed down, we thought we would. Russ, where do you think we are at this point? Mr. Davis. Our demand is accelerating every month. We now are using $700 million of carry forward from last year, and Katrina money will get us just barely into September. We're looking at options for how we get through the fiscal year, but we are experiencing accelerating demand. Ms. DeLauro. Well, will you then need to--are you planning--you're transferring authority to move funds from other housing programs to this program. What programs will you transfer from? Mr. Davis. Well, obviously, we'll use that as a last resort if we can't find some other way to smooth out the demand or so forth. But we would look to see if there are any programs that don't have 100 percent demand. Actually, it happens that we have programs that don't get 100 percent applications, and we would look to those. Ms. DeLauro. What programs are you thinking of? Mr. Davis. Well, an example was in previous years has been farm labor housing. Developers have been going to low-income housing tax credits, and we've had extra money. Ms. DeLauro. Is the direct single-family housing loan program seeing the same unprecedented demand in 2008 over last year's activities? And if so, how much demand has increased over the previous fiscal year? Mr. Davis. We're seeing pretty much flattened demand. One thing that's interesting is that there is competition between direct and guaranteed. And people come into our offices and they say, oh, I can get a house today in the guaranteed program or I can wait and get a direct loan a year from now and buy $20,000 more house. Some people decide to wait for the subsidy and buy a bigger house. We would prefer that they go into the guarantee program, which is stronger and has a better record of home ownership. Ms. DeLauro. Mm-hmm. And maybe I know the answer to this already, but I think you've got a request of $4.8 billion. Mr. Davis. Mm-hmm. Ms. DeLauro. The adequacy of 4.8, you know, with the demand, do we see it dropping from 7 billion to 4.8? That's---- Mr. Davis. If I could throw in a commercial for the fee increase. The entire mortgage industry has realized that it has mispriced mortgages. And 2 percent is our fee right now, and for 2 percent, we're taking all the risks of a hundred and two percent mortgage. By going to 3 percent, we would have essentially a break-even credit subsidy rate. We could do a trillion dollars. I mean, we would be not limited by budget authority. We really think the fee increase would make this a program forever. Ms. DeLauro. Well, but there again, you know, we could--and I don't want to get back into this again because I think it-- but it bears the conversation then that you're then looking at the inability of people to, you know, deal with an escalated fee cost. I mean, so there you've got, you know, a market issue as well there in terms of going to 3 percent and the inability then of people who are at the low end to be able to deal with that kind of an increase. Mr. Davis. There is a tradeoff, but we view it as--the fee increase comes out to about $5.20 a month or so. That means you buy a house, you know, without the garbage disposal or something. You know, it buys $600 less house. Or view it as a loan that you would not have been able to get in the private sector. We are doing loans that the private sector won't touch. And that has value. Ms. DeLauro. Well, I think that that is, you know, part of the continued debate. And I guess in terms of a final comment that I would make, it goes back to the beginning conversation a couple of hours ago. I think it's true that the more rural a place is, the more difficult the circumstances are. And we see that borne out by the statistics. I mentioned median income is 25 percent lower. Poverty rate is 28 percent higher than in the metro areas. You've got today 31 percent of food stamp beneficiaries are living in rural areas. When you talk about the wealth of the communities, yeah, I concur that there are pockets where that is occurring. But I think that that is the exception, is my view, and not the norm, for rural communities, which gets me back to the mission and role of this agency, which is I think substantial and one that we all have a very, very keen interest in. And when I look to both my colleagues who are here with me now, who are from Georgia, and these issues are more critical in the South, and rural poverty is probably--the South has the highest percentage in that area, that we have to take a hard look at the programs and the direction that we are taking these programs based on economic research and their data, et cetera about what direction our programs take in order to be able to meet the needs that would state that we want to try to meet. And I thank you all very, very much for your time and for, you know, staying over, et cetera, and appreciate your work, and I appreciate the committee members in hanging in there as well. Thank you very, very much to all of you, Mr. Secretary and your team.
W I T N E S S E S ---------- -- -------- Page Anderson, Ben.................................................... 391 Andrew, J. M..................................................... 391 Davis, R. T...................................................... 391 Dorr, T. C....................................................... 391 Houston, Kate.................................................... 1 Johner, N. M..................................................... 1 Salazar, Roberto................................................. 1 Steele, W. S..................................................... 1,391 I N D E X ---------- -- -------- Page Food and Nutrition Service....................................... 1 Beef Quality Standards........................................... 33 Child Nutrition Programs.....................................14, 25, 82 Commodity Entitlement Purchases..................................60, 70 Commodity Purchases.............................................. 37 Commodity Supplemental Food Program...............17, 27, 140, 384, 389 Dietary Guidelines for Americans/MyPyramid....................... 61 Emergency Food Assistance Program................................18, 28 Food Stamp Program.............................14, 24, 55, 57, 152, 382 Categorical Eligibility......................................36, 56 Employment and Training...................................... 40 Enrollment and Unemployment.................................. 39 Error Rate................................................... 35 Fraud........................................................ 385 Outreach..................................................... 34 Participation................................................ 35 Food Stamp Program, Indiana...................................... 74 Food Stamp Program, Texas........................................ 73 Fresh Fruit and Vegetable program................................ 59 Fresh Produce Program............................................ 157 Hallmark/Westland Beef Recall...............................30, 42, 247 Healthier U.S. Schools Challenge................................. 56 High Performance Bonuses......................................... 167 Improper Payments...............................................22, 164 Indian Reservations, Food Distribution Program.................157, 175 Leadership and Resource Collaboration............................ 36 Nutrition Assistance Programs....................................46, 79 Nutrition Education.............................................. 79 Nutrition Programs Administration................................19, 28 Opening Remarks, Ms. Johner...................................... 3 Proposed Legislation............................................. 181 Puerto Rico and American Samoa, Funding.......................... 173 Quality Standards................................................ 359 Questions Submitted by Ms. DeLauro............................... 82 Questions Submitted by Mr. Farr.................................. 374 Questions Submitted by Mr. Latham................................ 385 Questions Submitted by Ms. Kaptur................................ 382 School Lunch Program............................................. 387 Senior Farmer's Market........................................... 383 Simplified Summer Food Service Program........................... 68 Studies, Completed............................................... 197 Studies, Ongoing................................................. 187 Toledo School Lunch and School Breakfast......................... 38 WIC.....................................................15, 26, 95, 105 WIC Budget Requests.............................................. 43 WIC Participation................................................ 45 Written Statement, Nancy Montanez Johner, Under Secretary, FNS... 6 Written Statement, Roberto Salazar, Administrator, FNS........... 21 Rural Development................................................ 391 Administration's Budget Requests................................. 480 Alternative Energy Policy and Commodity Prices................... 482 Broadband............................................437, 454, 468, 511 Business and Cooperative Programs................................ 405 Business and Industry Guaranteed Loan Program.............409, 453, 461 Community Facilities in California............................... 438 Community Programs............................................... 417 Default Rate for Business Programs............................... 450 Defining Rural Areas............................................. 459 Direct Loans and Guaranteed Loans................................ 500 Electric Programs................................................ 421 Elimination of Programs........................................425, 448 Energy Independence.............................................. 493 Evaluation of Rural Development Programs......................... 499 Expanding Rural Development's Portfolio.......................... 494 Farm Community versus Rural Community............................ 433 Farm Labor Housing........................................439, 463, 504 FY 2009 Budget................................................... 398 Helping Small Communities........................................ 435 HIV/AIDS......................................................... 480 Housing and Community Facilities................................. 402 Housing Grants and Loans......................................... 502 Housing Loan Crisis.............................................. 441 Intermediary Relending Program................................... 409 Loan Guarantees/Rural Banks...................................... 481 Low-Income Housing............................................... 449 Low-Income Suburban Communities, Assistance...................... 432 Minority Programs................................................ 484 Multi-Family Housing Programs..................................413, 414 Multi-Family Revitalization of Existing Stock.................... 506 Mutual and Self-Help New Construction............................ 507 Open Range Communications Broadband Loan......................... 444 Open Range Loan.................................................. 469 Opening Statement, Mr. Dorr...................................... 393 Overall State of the Rural Economy............................... 501 Persistent Poverty Counties...................................... 442 Population Limits................................................ 497 Promotion of Locally-Owned Development........................... 496 Questions for the Record Submitted by Mr. Bishop................. 479 Questions for the Record Submitted by Mr. Latham................. 499 Questions for the Record Submitted by Ms. Kaptur................. 493 Renewable Energy.....................................447, 451, 466, 472 Rental Assistance Funding Levels................................. 507 Rental Assistance Pilot Program.................................. 461 Role of Rural Development........................................ 398 Rural Business-Cooperative Service............................... 509 Rural Cooperative Development Grant............................409, 464 Rural Economy.................................................... 426 Rural Healthcare................................................. 479 Rural Housing.................................................... 492 Rural Utility Service............................................ 510 Rural Water Challenges........................................... 481 Rural Water Waste Project........................................ 500 Single Family Housing Programs.................................416, 476 Small Business Administration Programs........................... 499 Small, Socially Disadvantaged Producers Grant Program............ 409 Telecommunications Programs...................................... 421 Utilities Programs............................................... 404 Water and Environment Programs................................... 423 Water and Waste Program Backlog.................................. 476 Written Statement by Ben Anderson, Administrator of the Rural Business-Cooperative Service, USDA............................. 408 Written Statement by James M. Andrew, Administrator of the Rural Utilities Service.............................................. 420 Written Statement by Russell T. Davis, Administrator of the Rural Housing Service................................................ 411 Written Statement by Thomas Door, Under Secretary for Rural Developent, USDA............................................... 396