S.Hrg.119-59

1[Senate Hearing 119-59]2[From the U.S. Government Publishing Office]34                                                         S. Hrg. 119-5956                NOMINATIONS OF LUKE LINDBERG TO BE UNDER7                 SECRETARY OF AGRICULTURE FOR TRADE AND8                 FOREIGN AGRICULTURAL AFFAIRS AND DEVON9                 WESTHILL TO BE ASSISTANT SECRETARY OF10                 AGRICULTURE FOR CIVIL RIGHTS1112=======================================================================1314                                 HEARING1516                               BEFORE THE1718                       COMMITTEE ON AGRICULTURE,19                        NUTRITION, AND FORESTRY2021                          UNITED STATES SENATE2223                    ONE HUNDRED NINETEENTH CONGRESS2425                             FIRST SESSION2627                               __________2829                             April 29, 20253031                               __________3233                       Printed for the use of the34           Committee on Agriculture, Nutrition, and Forestry3536[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3738                  Available on http://www.govinfo.gov/3940                                __________4142                   U.S. GOVERNMENT PUBLISHING OFFICE4360-200 PDF                  WASHINGTON : 20254445-----------------------------------------------------------------------------------4647           COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY4849                    JOHN BOOZMAN, Arkansas, Chairman50MITCH McCONNELL, Kentucky            AMY KLOBUCHAR, Minnesota51JOHN HOEVEN, North Dakota            MICHAEL F. BENNET, Colorado52JONI ERNST, Iowa                     TINA SMITH, Minnesota53CINDY HYDE-SMITH, Mississippi        RICHARD J. DURBIN, Illinois54ROGER MARSHALL, Kansas               CORY BOOKER, New Jersey55TOMMY TUBERVILLE, Alabama            BEN RAY LUJAN, New Mexico56JAMES C. JUSTICE, West Virginia      RAPHAEL WARNOCK, Georgia57CHARLES GRASSLEY, Iowa               PETER WELCH, Vermont58JOHN THUNE, South Dakota             JOHN FETTERMAN, Pennsylvania59DEB FISCHER, Nebraska                ADAM SCHIFF, California60JERRY MORAN, Kansas                  ELISSA SLOTKIN, Michigan6162               Fitzhugh Elder IV, Majority Staff Director63                    Jessica L. Williams, Chief Clerk64                Lauren Santabar, Minority Staff Director65                 Chu-Yuan Hwang, Minority Chief Counsel6667                           C O N T E N T S6869                              ----------7071                        Tuesday, April 29, 20257273                                                                   Page7475Hearing:7677Nominations of Luke Lindberg to be Under Secretary of Agriculture78  for Trade and Foreign Agricultural Affairs, and Devon Westhill79  to be Assistant Secretary of Agriculture for Civil Rights......     18081                              ----------8283                    STATEMENTS PRESENTED BY SENATORS8485Boozman, Hon. John, U.S. Senator from the State of Arkansas......     186Klobuchar, Hon. Amy, U.S. Senator from the State of Minnesota....     38788                               WITNESSES8990Lindberg, Luke, of South Dakota, to be Under Secretary of91  Agriculture for Trade and Foreign Agriculture Affairs..........     692Westhill, Devon, of Florida, to be Assistant Secretary of93  Agriculture for Civil Rights...................................     894                              ----------9596                                APPENDIX9798Prepared Statements:99    Lindberg, Luke...............................................    32100    Westhill, Devon..............................................    35101102Document(s) Submitted for the Record:103Boozman, Hon. John:104    Agriculture Companies in support of Luke Lindberg, letter of105      support....................................................    38106    National Cattlemen's Beef Association in support of Luke107      Lindberg, letter of support................................    44108    State Organizations in support of Luke Lindberg, letter of109      support....................................................    46110    South Dakota Governor in support of Luke Lindberg, Larry111      Rhoden, letter of support..................................    48112Klobuchar, Hon. Amy:113    Ambassador Jamieson Greer, United States Trade Representative114      letter.....................................................    50115Warnock, Hon. Raphael:116    National Public Radio document...............................    54117118Lindberg, Luke:119    Committee questionnaire, Office of Government Ethics120      Executive Branch Personnel Public Financial Disclosure121      Report and 5-day letter filed by Luke Lindberg.............    75122123Westhill, Devon:124    Committee questionnaire, Office of Government Ethics125      Executive Branch Personnel Public Financial Disclosure126      Report and 5-day letter filed by Devon Westhill............   109127128Question and Answer:129Lindberg, Luke:130    Written response to questions from Hon. Amy Klobuchar........   148131    Written response to questions from Hon. Cindy Hyde-Smith.....   149132    Written response to questions from Hon. Jerry Moran..........   150133    Written response to questions from Hon. Michael Bennet.......   151134    Written response to questions from Hon. Tina Smith...........   153135    Written response to questions from Hon. Richard Durbin.......   153136    Written response to questions from Hon. Cory Booker..........   156137    Written response to questions from Hon. Raphael Warnock......   157138    Written response to questions from Hon. Peter Welch..........   159139    Written response to questions from Hon. John Fetterman.......   160140    Written response to questions from Hon. Adam Schiff..........   161141Westhill, Devon:142    Written response to questions from Hon. Amy Klobuchar........   162143    Written response to questions from Hon. Michael Bennet.......   164144    Written response to questions from Hon. Tina Smith...........   166145    Written response to questions from Hon. Cory Booker..........   167146    Written response to questions from Hon. Raphael Warnock......   172147    Written response to questions from Hon. Peter Welch..........   175148    Written response to questions from Hon. John Fetterman.......   176149    Written response to questions from Hon. Adam Schiff..........   177150151 NOMINATIONS OF LUKE LINDBERG TO BE UNDER SECRETARY OF AGRICULTURE FOR152    TRADE AND FOREIGN AGRICULTURAL AFFAIRS AND DEVON WESTHILL TO BE153          ASSISTANT SECRETARY OF AGRICULTURE FOR CIVIL RIGHTS154155                              ----------156157                        TUESDAY, APRIL 29, 2025158159                                        U.S. Senate160          Committee on Agriculture, Nutrition, and Forestry161                                                    Washington, DC.162    The Committee met, pursuant to notice, at 3 p.m., in Room163216, Hart Senate Office Building, Hon. John Boozman, Chairman164of the Committee, presiding.165    Present: Senators Boozman [presiding], Hoeven, Hyde-Smith,166Marshall, Tuberville, Justice, Fischer, Klobuchar, Bennet,167Smith, Warnock, Welch, Schiff, and Slotkin.168169   STATEMENT OF HON. BOOZMAN, U.S. SENATOR FROM THE STATE OF170 ARKANSAS, CHAIRMAN, U.S. COMMITTEE ON AGRICULTURE, NUTRITION,171                          AND FORESTRY172173    Chairman Boozman. Good afternoon and welcome. It is my174privilege to call this hearing to order. Today we will consider175the nominations of Mr. Luke Lindberg to be Under Secretary for176Trade and Foreign Agricultural Affairs, and Mr. Devon Westhill177to be Assistant Secretary of the United States Department of178Agriculture for Civil Rights.179    We welcome both of you to the Committee and congratulate180you on your nominations. Thank you so much for your willingness181to serve.182    The challenges that farmers continue to face, which have183been consistently communicated to this Committee in the farm184bill hearings we have held so far this Congress, show why it is185so important that Secretary Rollins have her team in place.186    The costs for fuel, seed, and fertilizer remain high, as do187interest rates, and farmers everywhere are losing money on188every acre they cultivate, all the while in desperate need of189an updated farm bill safety net and risk management tools.190    Secretary Rollins has done a great job supporting our191farmers through these challenges and the two nominees before us192today will be important members of her team.193    Starting with Mr. Lindberg, the Under Secretary for Trade194and Foreign Agricultural Affairs is tasked with expanding195access for U.S. agricultural products into foreign markets and196promoting U.S. food and agricultural exports. Considering that197the U.S. agricultural trade deficit is projected to reach a198record $49 billion this year, and both tariff and non-tariff199trade barriers continue to inhibit U.S. agriculture from200reaching key markets and opening new markets, this position is201truly critical.202    Mr. Lindberg will be tasked with representing USDA in trade203negotiations, including collaborating with USTR (U.S. Trade204Representative), the Department of Commerce, the Department of205State, and the White House.206    Farmers and ranchers rely on this position to elevate the207significance of agricultural trade issues in broader trade208discussions, and that will be especially true given the current209uncertain trade environment.210    The Under Secretary for Trade and Foreign Agricultural211Affairs also plays an important role in administering USDA's212international food assistance programs.213    Mr. Lindberg will be responsible for coordinating commodity214procurement among various agencies within USDA. This work helps215expand markets for U.S. producers, and Mr. Lindberg will be216responsible for working with the White House to ensure the good217work of the longstanding programs such as Food for Peace can218continue.219    I am confident that Mr. Lindberg's prior government220service, private sector expertise, and his deep trade221background will serve him well in this role.222    While Mr. Lindberg will have important work to lead, so too223will Mr. Westhill. As I have said before, I believe producers224want an improved relationship with USDA. They want to know USDA225is a partner and will provide them the tools they need.226    Mr. Westhill will be in charge of enforcing civil rights227law within USDA, as well as processing unemployment opportunity228complaints. While this role is not often in the spotlight, it229truly is essential.230    Mr. Westhill will be tasked with ensuring all USDA231employees are treated with respect, that their civil rights are232protected, and they are not fearful of retaliation.233    He will also work with the 29 agencies and eight mission234areas within USDA to ensure that the programs meant to serve235our farmers, ranchers, and rural communities are carried out in236a way that is consistent with civil rights law and department237protocol, and address complaints in a timely and thoughtful238manner.239    Having previously served as Deputy Assistant Secretary for240Civil Rights, he knows the office inside and out and will be241able to hit the ground running, and I am confident he is the242right man for the job.243    I am confident both Mr. Lindberg and Mr. Westhill have the244necessary expertise and experience and will thrive in these245roles. I look forward to hearing their testimonies and answers246to our questions.247    Senator Klobuchar.248249  STATEMENT OF HON. KLOBUCHAR, U.S. SENATOR FROM THE STATE OF250                           MINNESOTA251252    Senator Klobuchar. Thank you. Thank you very much, Mr.253Chair. Happy to be the warm up act for Senator Rounds.254    I want to thank you for holding a hearing for these255important nominations for these USDA positions. I want thank256Mr. Lindberg and Mr. Westhill for being with us today. I am257pleased to see your families are here today, including Mr.258Lindberg's wife Brittany, and his children, John Mark and Lucy.259I see that Lucy already is matching the political smarts of her260family by dressing to match her grandma, as well as Mr.261Westhill's wife Michelle, his children, Madeline and Benjamin.262I have to say, Madeline, you may be the most stylish looking263child that has ever come before this Committee. Thank you.264    Mr. Lindberg, you have been nominated to serve as the Under265Secretary for Trade and Foreign Agriculture Affairs, which as266we know, oversees USDA trade policy. Based on our meeting, I267believe you are well qualified for this role, given the work268you have done in state, and have a real understanding of the269importance of trade for American farmers.270    You are coming to this position at a critical time. If271confirmed, you will need to be a strong advocate for farmers272and ranchers and for expanding markets in the face of what I273consider--not speaking for everyone up here--but chaotic trade274policy. Farming is the riskiest business there is. As we meet275today, farmers in my state and across the country are eager to276get into the fields to plant this year's crop. I saw this277firsthand when I met with the Johnsons in Faribault County278recently. They have to make business decisions right now to try279to provide certainty. Can they break even? They have got input280costs. They have got weather events. They have got an281international market that is now completely uncertain because282of these tariffs.283    They need markets to sell their product. Twenty percent of284what American farmers and ranchers produce goes outside of our285country. There are so many customers now and potential286customers. We have had three out of the last four years were287record years for agriculture exports. My state is fourth in the288Nation for agriculture exports, so I know a little bit about289this. This reckless tariff policy right now is putting farmers'290livelihoods in jeopardy, and we continue, I know we all do, to291hear about the negative impacts.292    What really bothers me about this is some of the big guys,293the big companies--you know, Tim Cook can get into the White294House, great, save the phones--but the soybean farmer in a295little county in Minnesota does not have that phone number. He296cannot get into that meeting on Wall Street with the Treasury297Secretary. I am just afraid that these smaller farmers and298ranchers are going to be roadkill if this is not resolved as299soon as possible.300    The top three countries targeted for tariffs--Mexico,301Canada, and China--are also our top three agriculture export302markets, and account for half of all U.S. agriculture exports.303We are already seeing retaliation, and our farmers have said304they want aid, not trade. I do appreciate, again, you, Mr.305Lindberg, in our discussions about the need to make sure that306we have export markets, because there are so many opportunities307out there, and we need to get this settled as soon as possible.308    We are also considering your nomination, Mr. Westhill. This309is a critically important position where you will be tasked310with ensuring that every farmer and every USDA employee is311treated with the respect and fairness that they deserve.312Historically, the USDA has not always done so, both for the313farmers it serves and the federal workers dedicating their314careers to public service. Despite progress made in recent315years, we know there is more work to be done, and this is316particularly important as we have seen some of the actions from317this Administration.318    I appreciated our conversation very much, and as you know I319expressed concerns, some of which you will hear today, about320some of the ongoing issues with civil rights. I do look forward321to hearing from you today. I welcome you and your family to322this Committee room.323    Thank you very much, Mr. Chair.324    Chairman Boozman. Thank you, Senator Klobuchar.325    Today we are joined by our colleague from South Dakota,326Senator Rounds, who will introduce our nominee, Mr. Luke327Lindberg. Thank you for being here, Senator Rounds. It is328always great to have you around the Committee. You are329certainly a tireless advocate for the farm community and for330rural America. With that, go ahead and proceed.331    Senator Rounds. Mr. Chairman, first of all thank you,332Chairman Boozman, Ranking Member Klobuchar, and distinguished333Members of the Senate Committee on Agriculture, Nutrition, and334Forestry. It is my honor to introduce Mr. Luke Lindberg as the335nominee for Under Secretary of Agriculture for Trade and336Foreign Agricultural Affairs.337    Luke is imminently qualified for this role after dedicating338his career to expanding markets for producers. He is joined by339his wife Brittany, and several other family members. South340Dakota Governor Larry Rhoden is also in attendance to support341his nomination.342    Luke originally hails from Vermont. He later earned a343Master of Business Administration, a Master of Public Policy,344and a Bachelor of Arts in Government and Politics from the345University of Maryland.346    After meeting his wife Brittany while working in347Washington, DC, Luke made the wise decision to make South348Dakota his home. As a proud South Dakotan, Luke enjoys349participating in all of the activities that make our state350great, including hunting and outdoor recreation. I can attest351to the fact that he is enjoying shooting an occasional rooster352in the fields, as well.353    Luke previously served as the Chief of Staff and Chief354Strategy Officer at the Export-Import Bank of the United355States. As a top EXIM official, he was responsible for356overseeing daily agency functions and executing key357initiatives. This includes efforts to expand new markets for358American liquified natural gas, or LNG, and securing America's359supply of critical minerals and rare earths. In recognition of360his leadership at EXIM, Luke earned the Distinguished Service361Award.362    Shortly after settling into his home, Luke realized South363Dakota was one of the few states without a trade association.364He quickly moved to establish South Dakota Trade. This365organization works to expand markets through trade missions and366export education. As President and CEO of South Dakota Trade,367Luke conducted five trade missions in a two-year period. During368this time, he traveled to several nations to promote South369Dakota agricultural products. These trips helped foster370important relationships between our producers and foreign371buyers. As American producers contend with trade deficits, it372is clear we need leaders who understand complex agricultural373markets.374    Throughout his career, Luke has consistently stood up for375farmers and ranchers. He was a strong pick by President Trump376and will do an outstanding job as Under Secretary for Trade and377Foreign Agricultural Affairs. I urge you to support this very378highly qualified nominee.379    Thank you, Mr. Chairman and Ranking Member.380    Senator Klobuchar. I also see, peeking behind you there,381Senator Rounds, is the Governor of South Dakota. Is that382correct?383    Senator Rounds. Governor Larry Rhoden. Yes.384    Senator Klobuchar. Very good.385    Senator Rounds. We are very, very pleased to have him here.386    Senator Klobuchar. We welcome him, as well. Thank you for387being here. I know my Midwest Governors.388    Chairman Boozman. We are on a roll, Senator Klobuchar. You389know, last Committee hearing we had Babydog. Now we have got390the Governor of South Dakota. It is great.391    Thank you, Mike, so much.392    Devon Westhill is nominated to be Assistant Secretary of393Agriculture for Civil Rights. He is currently President and394General Counsel for the Center for Equal Opportunity, and led395the Civil Rights Office at the Department of Agriculture during396the first Trump Administration. He worked at the Department of397Labor as Deputy Secretary of the Office of Public Liaison. Mr.398Westhill is a Navy veteran and a graduate of the University of399North Carolina at Chapel Hill and the University of Florida.400    With that let's go ahead and take the oath. Thank you all401again for being here. Thank you for your willingness to serve.402If you will come forward we will administer the oath, and then403we will have the testimonies.404    Please stand and raise your right hand.405    Do you swear or affirm that the statements you are about to406provide is the truth, the whole truth, and nothing but the407truth, so help you God?408    Mr. Lindberg. I do.409    Mr. Westhill. I do.410    Chairman Boozman. Do you agree that if confirmed you will411respond to the request to appear and testify before any duly412constituted Committee of the Senate?413    Mr. Lindberg. I do.414    Mr. Westhill. I do.415    Chairman Boozman. Good. Thank you. You can be seated.416    Mr. Lindberg, you are up.417418   STATEMENT OF LUKE LINDBERG, OF SOUTH DAKOTA, TO BE UNDER419  SECRETARY OF AGRICULTURE FOR TRADE AND FOREIGN AGRICULTURAL420                            AFFAIRS421422    Mr. Lindberg. Chairman Boozman, Ranking Member Klobuchar,423and distinguished Members of this Committee, I am humbled to424come before you today as President Donald J. Trump's nominee425for Under Secretary of Trade and Foreign Agricultural Affairs426at the U.S. Department of Agriculture. I would also like to427thank Secretary Rollins and the great team at USDA, including428hopefully my future colleague, Mr. Devon Westhill, my wife and429children, John and Lucy, who are here, as well, with me today.430    My wife Brittany, has served this great country as a431supportive family member for most of her life, and her432willingness to embark upon this next phase of civic engagement,433alongside me, is inspiring and really epitomizes the Godly434woman she has become. Thank you, Brittany, for being here.435    Should you confirm me for this position, this will not be436the first time I have served as an American Diplomat. In437President Trump's first administration, I served as Chief of438Staff at the Export-Import Bank of the United States where I439led key initiatives on the great power competition with China,440liquified natural gas exports, and securing America's supply of441critical minerals and rare earths. I also led EXIM's442involvement in the execution of the historic and ground-443breaking Abraham Accords, a series of bilateral agreements444normalizing relations between countries in the Middle East.445    Over the past several years, I have served as President and446CEO of South Dakota Trade, the top diplomatic posting in my447home state, which is second in the Nation in per capita448agricultural exports. In this position, I led trade missions to449Mexico, Japan, Taiwan, and Israel, generating millions in sales450for South Dakota farmers and ranchers, and in so doing held451bilateral meetings with President Benjamin Netanyahu of Israel,452Vice President Hsiao Bi-khim of Taiwan, and Mexico's then-453Minster of Agriculture and Rural Development Victor Villalobos.454    Throughout my career, I have conducted business on six455continents and led teams of hundreds of staff overseas.456    My journey, which has taken me across the world and back457again, several times over, started like many of you, in a small458town far from Washington, DC. I have a very distinct memory of459standing in front of our brick, town hall in Norwich, Vermont--460which I believe Senator Welch has been to--waving a campaign461sign for my mother, who was running for Town Treasurer and who462is here with us today. That was a special day for me, first463because Mom won her election, and second in that it was the day464I realized that democratic, freedom-loving nations are only465sustainable if people are willing to serve.466    My college pastor, Matt Nichols, who is also here with us467today, and who prayed over my family before this hearing,468helped me to identify a ``life verse'' that aligned with this469calling to public service. Proverbs 31, verse 8 says ``Speak up470for those who cannot speak for themselves, for the rights of471all who are destitute.'' I can think of no greater calling than472to speak up on behalf of rural Americans at this moment in473time.474    Many of my friends and neighbors, many of whom are here475today, have asked what I hope to accomplish should I be476confirmed to this role. My answer is quite simple. President477Trump said it best when he nominated me: ``Luke will make sure478American farmers and ranchers get the smart trade deals that479they deserve.''480    America's agricultural trade deficit, which is the worst in481American history, is driven by a number of factors, but482principally by the lack of an America First Trade Agenda that483prioritizes market access for our farmers and ranchers. For too484long, we have let other countries access our market and have485not negotiated reciprocal access to theirs.486    Recently, the office of the U.S. Trade Representative487solicited public comment on unfair trade practices forced upon488our great American producers by other nations. I took the time489to read every single submission that comments on agriculture.490    In so doing, I was reminded that 75 percent of the seafood,491over half of the fruit, and 35 percent of the vegetables we492consume in America are imported. Our ethanol producers are no493longer competitive in Brazil because of Brazilian import494tariffs. Our hog farmers cannot export pork to Brazil, India,495Nigeria, Jamaica, Namibia, or Thailand. Mexico has enjoyed a496557 percent increase in specialty crop imports into the United497States in just the last decade. Canada has rigged the USMCA498agreement terms against our dairy and wheat farmers. The499European Union is responsible for roughly half of our overall500trade deficit, $23.6 billion, and yet it routinely shuts out501our products at the altar of non-scientific based claims.502    There is really too much to say about China in this set of503opening remarks, but a stark comment that stuck out to me came504from representatives of American corn farmers who said that505``U.S. corn growers cannot rely on China as an export market.''506    However, in the midst of all of the feedback, one story507that lives in my memory is that of a family from Georgia, who508captain a shrimp boat. The husband and wife commented that they509have noticed a 70 percent reduction in shrimp trawlers due to a510flood of imports from foreign nations that process their shrimp511in unsanitary conditions we would never allow in the U.S.512    The Honorable Henry Kissinger once said, ``America has no513permanent enemies or friends, only interests.''514    America's agricultural trade deficit is not impacting just515one region, one political constituency, or one segment of the516agricultural economy. We all are impacted, and we all must work517together to fix it together.518    In addition to helping farmers and ranchers navigate short-519term changes aimed at more fair trade deals, I stand ready to520explore new export markets and also hold our existing export521markets accountable to the deals they made with our family522farms.523    America has not lost our competitive edge in producing524food, fuel and fiber. We have merely abdicated our leadership525role in feeding the world by allowing others to rig the system526against us.527    I humbly ask for your support for my nomination and for528your ongoing partnership should you confirm me for this role.529    Thank you, and I look forward to your questions.530    [The prepared statement of Mr. Lindberg can be found on531page 32 in the appendix.]532    Chairman Boozman. Thank you, Mr. Lindberg.533    Mr. Westhill, you are recognized.534535   STATEMENT OF DEVON WESTHILL, OF FLORIDA, TO BE ASSISTANT536           SECRETARY OF AGRICULTURE FOR CIVIL RIGHTS537538    Mr. Westhill. Chairman Boozman, Ranking Member Klobuchar,539and distinguished Members of the Committee, it is the honor of540my life to get the opportunity to testify before you here541today, and I want to thank President Trump for that. This is542the second time he has entrusted me with the honor and duty to543head the Office of the Assistant Secretary for Civil Rights544(OASCR) at USDA--call it OASCR. If I am fortunate enough to be545confirmed, I would cherish the opportunity to work alongside546Secretary Rollins and the numerous wonderful people with whom I547served in President Trump's first term, including career548officials, and many tremendous new colleagues like Luke here.549    That would not be possible without the support of my little550family who have stuck beside me all these years, and who are551here with me today. Allow me to introduce them please. First is552sweet baby girl, Madeline Sophia, who as it turns out is one of553the most fashionable, if not the most fashionable ever to554appear before this Committee. I have said since her day one she555is super smart, super funny, and very advanced for her age. I556have been proven right on that many times in her eight years.557    Next is my son, Benjamin. He is our scholar athlete, number558seven, Big Ben, quarterback and linebacker on the Jax Beach559Sharks, and the most amazing person in the whole wide world.560That is objectively speaking, is my wife here with me, the561beautiful, wonderful, lovely Michelle Westhill. Thank you all562for being here.563    It is such an honor for me to be here because I have spent564my entire career dedicated to the public interest via nonprofit565leadership and government service. This is the fourth time I566have volunteered to serve my country. The first was as a567teenager in the United States Navy, the second was at the U.S.568Department of Labor, and the third was within the very office569to which I am nominated to lead again. My principal aim in all570these endeavors was to be a small part of our shared project to571form a more perfect union. Specific to the role for which I am572interviewing today, that means ensuring civil rights573protection, equal opportunity, and equal justice under the law574for everyone.575    That mission is very personal to me. I was born a poor576black child and raised in the South alongside my two siblings577by our single mother. It was hardscrabble. Being born into578tough circumstances is not at all unusual, of course. In fact,579it is, for the vast majority of mankind, what we have580experienced. For my siblings and me, we had two things that581made all the difference in our lives compared to untold numbers582of others. We had an extraordinary mother who loved us, who583wanted the best for us, and who set an outstanding example for584us, and we were Americans.585    Like my heroes Frederick Douglass and Booker T. Washington586who went before me, I have observed that in America the mere587connection with race, color, or ethnicity, or one's starting588point in life will not permanently carry an individual forward589unless he has individual worth, nor finally hold an individual590back if he possesses intrinsic, individual merit. So long as we591do not allow our grievances to overshadow our opportunities,592the sky is the limit in this country. I am living proof of593that. That is the true history of America and the crux of the594American Dream. We must keep it that way. I have been a voice595for this perspective for a long time, and hope to continue to596be.597    If I am confirmed, I want to pick up where I left off in598focusing OASCR on its core duties: communicating from the top599to the bottom that civil rights will be vigorously enforced at600USDA; being laser focused on improving our core complaint601processing work; and ensuring the development and deployment of602effective proactive prevention measures.603    We were very successful in the first term in this regard.604For example, we improved the timeliness of EEO complaint605investigations from 61 percent to 100 percent within three606months of my arrival. We grew a model EEO Program pursuant to607EEOC requirements from 61 percent to 85 percent within six608months of my arrival. Prior to my departure, we developed and609implemented new department-wide civil rights, anti-harassment,610and reasonable accommodation policies.611    Should the Senate confirm me as Assistant Secretary for612Civil Rights at USDA, you may be surprised to learn, it will be613only the first time since the Obama Administration that a614Senate-confirmed leader will have headed that office. That, of615course, is no way to maintain a statutorily mandated Federal616Government office, nor is it fair to the 100,000 employees and617millions of customers who want to do business with USDA on618equal footing. I mention this merely to point out the gravity619of the moment for civil rights at USDA. If that long span of620vacancy in Senate-confirmed leadership is broken by my621confirmation, I commit to you to carry out the responsibilities622of the Assistant Secretary for Civil Rights at USDA with the623utmost integrity.624    Once again, I am beyond honored to get the opportunity to625testify before you today. I look forward to your questions.626    [The prepared statement of Mr. Westhill can be found on627page 35 in the appendix.]628    Chairman Boozman. Well, thank you both for your testimony.629We will begin now a round of questions. Each Member will have630five minutes. Before I ask my questions I would like to add631letters of support from various farm groups for Mr. Lindberg632and Mr. Westhill's nominations into the record. Without633objection, so ordered.634    [The letters can be found on pages 38-49 in the appendix.]635    Chairman Boozman. Mr. Lindberg, this year the U.S.636agriculture trade deficit, as you mentioned, is projected to637reach a record ^$49 billion. If confirmed, how will you work to638ensure that the broader tariff negotiations being driven by639USTR prioritize greater market access for U.S. agriculture640exports?641    Mr. Lindberg. Thank you, Mr. Chairman, and I appreciate the642time we spent together discussing these various issues.643    If you ask many of my colleagues at South Dakota Trade or644other people I have worked with in the past, you will often645hear them say that I believe exporting is a team sport, and we646must work together to accomplish the exact tasks that you are647discussing today.648    For me, getting back to surplus would be my number one649priority in this capacity. I believe that on day one I would650walk into my office, draw the number ^$49 billion on the white651board, and begin to invite farm groups in from all across the652farm economy to figure out where the countries, where the653markets, what are the products, and what are those dollar654values that get us back to surplus.655    Then I want to be an advocate in the interagency process to656make sure that the folks at USTR, the folks at Commerce, the657folks at Treasury all know and understand what those priority658markets are, what those priority products are for our659agriculture community members and then we go out and start to660win the day, go on the offense.661    Chairman Boozman. Really, in follow up to that, if662confirmed, you will oversee the premier trade programs, the663Market Access Program and Foreign Market Development Program,664which again are so vital to our producers. Can you describe665your experience with MAP and FMD and how you view their role in666helping build, expand, and maintain markets for the U.S.?667    Mr. Lindberg. Happy to do so. Yes, sir. In my role as668President and CEO of South Dakota Trade we have, as mentioned669previously, led a number of trade missions overseas, in670partnership with a group, the Food Export Midwest Program,671which uses those funding programs, MAP and FMD, to support our672agricultural producers overseas. On every one of those trade673missions, also engaged the Foreign Agricultural Service staff674in-country to set up meetings for us, to help guide our675agendas, to get Governor Rhoden and other folks in the room676with the right counterparts for bilateral discussions to help677advance our agriculture community's needs in those specific678markets.679    I would look forward to working with many of the staff in680those programs that I have worked with in the past to execute681on their mission.682    Chairman Boozman. Very good. Mr. Westhill, based on your683insights gleaned from previous experience in this role at USDA,684what recommendations do you have to ensure that all USDA685employees are treated with respect, that their civil rights are686protected, and if violations occur, that individuals are not687fearful of retaliation?688    Mr. Westhill. Senator, thank you for the question, and689first of all I refer back to my opening statement. What we have690to do is ensure, at OASCR, the Office of the Assistant691Secretary for Civil Rights, that its core complaint processing692work is going well.693    Unfortunately, when I arrived at that office in the last694term we inherited quite a backlog of EEO complaints. What I695want to make sure--and we rectified that, as I mentioned--what696I want to make sure is that if I encountered that sort of697backlog again that it is dispensed with very quickly, once698again, within three months or faster. We have a history of699being successful with that. We would want to do that again.700    I think the proof is in the pudding when it comes to that.701Individuals at USDA will understand that their civil rights are702going to be enforced, that the leadership is committed to that.703I think at the end of the day what we want to do is ensure that704folks understand their rights and responsibilities, as well.705Those proactive prevention techniques that I mentioned--706training and so forth--ensure that those are in place, as well.707    Chairman Boozman. Very good. Senator Klobuchar.708    Senator Klobuchar. Thank you very much, Mr. Chair. I guess709I will start with you, Mr. Westhill, just to finish up here. At710its founding, President Lincoln referred to USDA as ``the711people's department.'' As Assistant Secretary for Civil Rights,712if confirmed, you would be responsible for ensuring USDA and713its agencies comply with all civil rights laws. If confirmed,714what is your plan to ensure compliance with civil rights laws,715especially with respect to farm programs, and will you work to716rebuild the relationship with farmers who have been involved717with civil rights issues and have long distrusted the718Department?719    Mr. Westhill. Senator, thank you for the question. I will720start with sort of the latter part of the question. I am721absolutely committed to building relationships with all722customers and employees at USDA. Any who want to do business723with USDA should be able to do that on equal footing, and you724have my commitment there.725    When it comes to enforcing civil rights and ensuring folks726understand their rights and responsibilities around those727things, I do not think it is rocket science. It is a pretty728clear playbook. One, communicate from the top to the bottom729that civil rights will be vigorously enforced, that it is a730priority. Second, ensure that folks understand their rights and731responsibilities. You know, it is important to have a robust,732proactive prevention technique plan. Then finally, to hold733folks accountable, to really show that you are enforcing those734civil rights. When opportunities come to investigate very735deeply any issues that come to light, that you are doing those736things and that everyone at USDA, the employees and the737customers, understand that you are taking those things738seriously.739    Senator Klobuchar. The 2018 Farm Bill requires the USDA, in740law, to conduct civil rights impact analysis with respect to741USDA employment, programs, activities. If confirmed, will you742commit to analyzing adverse or disproportionate impact with743respect to proposed program changes or reorganizations at USDA,744including conducting a civil rights impact analysis?745    Mr. Westhill. I think it is critical to ensure that any746major programs at USDA are evaluated for civil rights issues,747and I am committed to ensuring that we do that at USDA, as I748did in this role in the first term.749    Senator Klobuchar. Thank you. Mr. Lindberg, what750opportunities do you see for market expansion in other751countries for American agriculture products?752    Mr. Lindberg. Senator, thanks again for the question, and753thank you for spending some time with me prior to this. I754appreciated our conversation leading up to this hearing today.755    I believe there is a number of markets that American756agriculture producers should be taking advantage of, that are757currently not at full capacity. India would be my top priority758for a market that we should be doing better in--1.4 billion759consumers in India. I am excited to hear this morning that760Secretary Bessent is making progress on a trade deal with761India.762    One of the markets that concerns me the most is the $23.6763billion trade deficit we have with the European Union, and the764basket of goods that we produce and the basket of goods they765produce is too eerily similar, and the trade deficit is too766wide, that we should have more market access for our producers767in the European Union. Two examples.768    Senator Klobuchar. Thank you, and hopefully we can do trade769agreements with other countries. I think you all know I was a770fan of the USMCA. There is still work that has to be done on771dairy and other improvements. To me that is the way we should772be going instead of where we are.773    By the way, I was also pleased with the change in India on774frozen turkey during the last administration. I understand that775is still in place.776    I recently led 18 of our colleagues in pressing the U.S.777Trade Representative on the impacts that the President's tariff778agenda will have on farmers, seeking clarity, and I would like779to ask that the letter be entered in the record.780    Chairman Boozman. Without objection.781    [The letter can be found on page 50 in the appendix.]782    Senator Klobuchar. I think you know, Mr. Lindberg, there783are many--this is a Minnesota euphemism--strong personalities784surrounding the President and giving advice on trade. How will785you advocate for American farmers and be a voice for preserving786and expanding new export markets?787    Mr. Lindberg. Thank you, Senator, and I did read the letter788you submitted to Ambassador Greer, and I look forward to789working with the Ambassador. When I was Chief of Staff at the790Export-Import Bank, Ambassador Greer was Chief of Staff at USTR791in the first Trump Administration. I have similarly several792colleagues in the Commerce Department incoming, as well as in793the Treasury Department, which are the three lead organizations794right now on trade negotiations. I look forward to working795closely with each of them to ensure that our farmers' voices796are well represented in those discussions.797    Senator Klobuchar. I appreciated our discussion on export798promotion programs, and I know you talked to the Chairman about799that. Will you also commit to ensuring that RAP, the Regional800Agriculture Promotion Program, remains in place for export801market development?802    Mr. Lindberg. I will absolutely commit to the fact that we803need to have programs that help reduce our trade deficit, and804the export promotion programs help us do that.805    Senator Klobuchar. Thank you. How can USDA work to make806domestic specialty crop growers more competitive when facing807cheaper imports? I think we all know, maybe these should not808even be called specialty crops, it is like potatoes, tomatoes,809things we eat might be a better way to describe it. Could you810just answer about the cheaper imports, what is going on, on811that front?812    Mr. Lindberg. Sure. Our specialty crop producers absolutely813should be exporting more in their own way. Secretary Rollins814recently announced that the technical expertise that the815Foreign Agriculture Service offers to our specialty crop816producers and the foreign markets they sell into, making sure817that there are no non-tariff barriers on those exports markets818is something that I look forward to working on.819    Senator Klobuchar. Thank you.820    Mr. Lindberg. Thank you.821    Chairman Boozman. Senator Hyde-Smith.822    Senator Hyde-Smith. Thank you, Mr. Chairman, and thank you823to both of you for being here today with your families. It is824certainly an exciting day for everyone, and I am excited about825your leadership and look forward to that.826    Mr. Lindberg, Mississippi leads the Nation in catfish827production, yet our producers face a lot of unfair competition,828unfair subsidized low-cost and sometimes unsafe imported829catfish, particularly from Vietnam. Growers in Mississippi and830across the South raise high-quality, sustainably-grown, farm-831raised catfish, and they follow very strict environmental,832labor, and health standards.833    How will you work with the U.S. Trade Representative and834the USDA Food Safety and Inspection Service to ensure strict835enforcement of inspection standards to prevent unsafe imports836from harming consumers and domestic catfish producers?837    Mr. Lindberg. Thank you, Senator. I appreciate this, and we838discussed this in your office, and I very much look forward to839working with you and your staff to ensure that our domestic840catfish producers do get the market here in America that they841deserve.842    Certainly somebody will have to explain to me someday how843the United States of America, with two oceans on each side of844us, and the mighty Mississippi, and the Great Lakes and all of845these things, and yet we are importing 75 percent of our846seafood that we consume. I will absolutely work across my847agency, at USDA, should I be confirmed for this role, to ensure848that exactly what you are saying, as well as with our849interagency partners, to make sure our catfish producers have850the ability to sell here domestically.851    Senator Hyde-Smith. Thank you. Mr. Westhill, Congress, in8522023, provided $3.7 billion in relief to support producers who853had experienced economic losses due to natural disasters.854Unfortunately, the Biden Administration changed the Emergency855Relief Program without input from Congress and with disregard856for congressional intent. As a result, some of the hardest-hit857producers were left behind while they also wrestled with858historically high inflation, input costs, and also the low859commodity prices.860    Will you commit to ensuring fair and equal access to USDA861programs for all farmers, regardless of operation size and862background?863    Mr. Westhill. Thank you, Senator, for the question. I think864it is important for me to say that I have to ensure that I865skate within my lane. My job, if I am fortunate enough to be866confirmed, is to ensure that everyone who wants to do business867with USDA, any of the customers, in any of the areas across a868very big department, are able to do that without any arbitrary869barriers on any basis that is covered under civil rights laws.870I commit to ensuring that individuals will be free from871discrimination in participating in any USDA programs.872    Senator Hyde-Smith. Thank you. Back to Mr. Lindberg, the873livestock and poultry producers in Mississippi and around the874country have taken huge financial hits from animal diseases,875like high-path avian influenza. Some countries, like China, use876these disease outbreaks as an excuse for unjustified trade877barriers that are not science based. We saw this in BSE in878early 2000, when it took 13 years for China to buy our beef879again. It is something that I worked on as the Mississippi880Commissioner of Agriculture and Commerce during that time; that881was just their excuse--you had an outbreak.882    What steps will you take to ensure that international trade883restrictions imposed on U.S. products are science-based and884lifted promptly when conditions warrant?885    Mr. Lindberg. Thank you, Senator, for the question. I 100886percent believe that tariff barriers are one aspect of trade887policy that countries use against our farmers and ranchers.888There are a lot of non-tariff barriers, and one of the ones you889are discussing today is vitally important to them, to have that890market access and be able to get beyond that.891    As the Under Secretary for Trade and Foreign Agricultural892Affairs I will lead the Codex Office, which is our effort to893work with the agencies around the world, or different countries894around the world, to make sure we have a set of agricultural895standards that meet the needs of our farmers and ranchers. That896would be one avenue that I would work through to make sure that897exactly the case you are listing here today was fixed, and898through that avenue make sure that we set the appropriate899standards that benefit our farmers and ranchers.900    I am also a fierce advocate. I want to show up in those901countries and knock the door down and say to them, it is time902to open up, and it is time to move forward, and this is no903longer acceptable under President Trump and the America First904Trade Agenda. I look forward to doing that and getting on an905airplane and being there to actually make sure that those get906implemented in a timely manner.907    Senator Hyde-Smith. I look forward to that, as well. Thank908you, Mr. Chairman.909    Chairman Boozman. Senator Welch.910    Senator Welch. Thank you very much, Mr. Chairman. Delighted911to be here.912    Mr. Lindberg, I really enjoyed our visit in the office,913and, of course, quite proud of you and your family connection914to Vermont, and Norwich, Vermont, where I live, welcome.915    I want to acknowledge your experience is really quite916perfect for the job for which you are being considered, so I917want to acknowledge my respect for the work you have done and918what you bring to this.919    This is where it gets really tough for me. My view on these920tariffs is that they are catastrophic for the farmers, and that921is based on roundtable discussions I have had with many Vermont922farmers. We import a lot of our fertilizer from Canada, in many923cases our grain. The dilemma I have is the dilemma you will924face. You can be the best negotiator possible, but if there are925administration policies that make an uphill climb, an up-926mountain climb, how are you going to deal with that? You have927no control over the tariff policies, but those are hammering928our farmers in Vermont right now, and I suspect all across the929country.930    How do you deal with that?931    Mr. Lindberg. Yes, thank you, Senator, and I appreciated932again our time together.933    I believe that President Trump has demonstrated an ability934to sign and execute new trade agreements. In his first time he935signed significant bipartisan trade agreements, including936USMCA, and 50 total agreements that supported over one million937jobs.938    My faith is in the fact that we are going to get better939deals for farmers, and that is what he has tasked me to do. I940think through those deals there will be a boon to our farming941economy.942    Senator Welch. All right. I understand you do not have any943say or influence over the tariff policy. You just have to deal944with the hand you are given. I do, as I expressed to you945privately, and say publicly, I think these tariffs are going to946make your job much more difficult, and the day-to-day economics947of our farmers much more difficult.948    Second, the USDA, Vermont farmers love it. It really has a949great reputation. It is a lean-and-mean machine, and we are950seeing cuts in the number of staff. I object to that, and they951do not seem to have any rhyme or reason. The foreign assistance952folks are also getting cut.953    How are you going to contend with doing a very demanding954job, a very important job, with these significant staff cuts955that appear to be taking place within USDA?956    Mr. Lindberg. Yes. Senator, since I have not been in the957building yet I cannot comment on administration policy related958to staff plans, and I have not seen anything public about cuts959at this time to the Foreign Agricultural Service or the960organizations I will oversee in this capacity.961    What I will say is that my experience working with the962Foreign Agricultural Service staff and the Codex staff in my963past capacities is that they do provide a very valuable service964and have done, generally speaking, a very excellent job965globally to represent our farmers and ranchers, and I look966forward to working with them in this capacity.967    Senator Welch. Well, you have a very hard job, assuming you968are confirmed for it, and it appears that some of these forces969are going to make it more difficult. I wish you the best of970luck.971    Mr. Westhill, equal opportunity, you are totally committed972to it. You are an incredible example of what can be done, where973you work hard and overcome whatever obstacles face you. Also,974obviously, you have some sensitivity that the deck is stacked,975in some ways, much more significantly for some people than976others. Correct?977    Mr. Westhill. Senator, certainly people are disadvantaged.978There is no doubt about that.979    Senator Welch. Right. There is a real administration980opposition to DEI, and from a distance it appears, oftentimes,981that means if the white person did not get the job there is982suspect about whether there has been preferential treatment.983That has been an action that has been taken by this984Administration.985    What is your observation about the Administration action so986far about DEI, on university campuses, going after law firms,987going after private entities, that really, in my view, should988not be subject to the willful action of the Executive.989    Mr. Westhill. Senator, thank you very much for the990question. I am not familiar with the specific example that you991cited in terms of the white person getting the job.992    Senator Welch. Skadden, Arps. Paul, Weiss. I mean, these993are law firms where the Administration is saying that they do994not like their hiring practices.995    Mr. Westhill. Sir, what I have noticed, from the outside,996what I have observed is that the President has put together997what I think is a very bold agenda for civil right advancement.998Anything that goes against the advancement of civil rights as999it exists and in the law will not be tolerated. The executive1000orders, for example, that I have read--once again, not seeing1001what the implementation is like inside the Administration yet--1002if I am fortunate enough to be confirmed I will be able to1003evaluate that. It looks to me like anything that is1004discriminatory, the President said that is going to be1005prohibited. That is exactly what civil rights laws are meant to1006do.1007    Senator Welch. Thank you very much. I yield back.1008    Chairman Boozman. Senator Hoeven.1009    Senator Hoeven. Thank you, Mr. Chair. I want to welcome1010both of you, and Mr. Lindberg, I understand you have ties,1011based on the esteemed Senator from Vermont making references to1012your ties in the New England area of the country. Really, now1013we consider you a Dakotan. We are very pleased to not only see1014you here and your wonderful family--and I want to welcome all1015of your families--and also the Governor and First Lady. Thank1016you for being here. Great to see all of you. Mr. Westhill, as1017well, your family. Great to see them here, as well.1018    My first question is for you, Mr. Lindberg. Undoubtedly,1019you are a South Dakota State Jackrabbits fan, and, of course,1020that is a very big rival to the North Dakota State Bison. If1021you are confirmed for this position, are you going to be able1022to set that rivalry aside and be fair to the North Dakota1023farmers and ranchers, as well as all of our other great1024ranchers and farmers across this country?1025    Mr. Lindberg. I will.1026    Senator Hoeven. Very good. All right. The other questions1027are going to be easier. No doubt about it.1028    Mr. Lindberg. Go Yotes.1029    Senator Hoeven. Oh, really? The Coyotes?1030    Mr. Lindberg. All my Jacks fans at home, Go Jacks. Go1031Yotes.1032    Senator Hoeven. All right. I gotcha. Well, we have got a1033good school too at both the University and North Dakota State.1034We are great rivals, and, of course, if the South Dakota teams1035win, I always root for them as they go on to the national1036playoffs.1037    Okay. First question is the CCC. The Commodity Credit1038Corporation is an incredibly important tool that we need and we1039use for our farmers and ranchers, in a lot of different1040instances, one of which was the MFP back during the first Trump1041Administration, when we were taking on China in regard to1042tariffs and other trade issues.1043    Do you feel it is an important tool and that we continue to1044keep it as an important tool for agriculture?1045    Mr. Lindberg. I do.1046    Senator Hoeven. The next one is Sugar Program is a huge1047industry in our state. Our Ranking Member just left, but also1048Senator Smith is on this Committee. That is probably north of a1049$3 billion industry, family based farms in North Dakota,1050Minnesota, probably not as much in South Dakota. Incredibly1051important businesses in agriculture sector for our state.1052    The Sugar Program is incredibly important, and it is1053absolutely aligned with what President Trump is trying to do,1054and make sure that we do not have unfair trade practices, we do1055not have dumping into this country that wipe out our domestic1056industry.1057    Do you support the Sugar Program, and that it is enforced1058strictly?1059    Mr. Lindberg. I do.1060    Senator Hoeven. Okay. As far as trade, and you may have1061said some of these in your opening remarks. I apologize I was1062not able to be here. We all want a level playing field, right?1063We share the goals and objectives of the Trump Administration1064in terms of getting better terms for our producers, for our1065exporters, as well as helping our economy here at home.1066    Talk about how you are going to help us work through the1067short-term disruption to get to the long-term goals that we all1068share.1069    Mr. Lindberg. Yes. Thank you, Senator. I appreciate that.1070What I believe is that as Secretary Bessent mentioned this1071morning, there are trade deals on the horizon in the short run1072here, and that we will see new market access generated through1073President Trump's negotiations. I look forward to the boon that1074will come to our family farms when we get those trade deals1075signed in the not too distant future.1076    The President has also made very clear, through a post he1077put out on social media, that he will have the farmers' and1078ranchers' backs should there be a need for that, at that time.1079I believe that that will not be necessary at this moment, but1080certainly I will follow the President's direction, and should1081that be needed in the future we will be there to support them.1082    Senator Hoeven. Okay. Have you had substantial dialog with1083the USTR already, and talked to Jamieson Greer about how you1084can work to effectuate better terms for our producers?1085    Mr. Lindberg. I do not think that would be appropriate for1086me at this stage to have those substantive discussions.1087Ambassador Greer and I served as Chief of Staff. He was at USTR1088and I was at EXIM in the first Trump Administration. We built a1089relationship through that. I look forward to having regular1090communications with Ambassador Greer and his team.1091    Senator Hoeven. Yes. He is a very impressive guy. His1092approach is spot-on, absolutely solid. He has got a great1093staff. I think working together you guys can do a great deal.1094    My final question is in regard to the farm bill. In the1095opinion of myself, and I think others on this Committee, we1096have to have affordable crop insurance, and we have to update1097ARC and PLC reference prices and have a viable counter cyclical1098safety net. Though I know you are going to be discussing trade1099agreements, along with MAP and the FMD program, do you share1100agreement with that approach on behalf of our farmers and1101ranchers?1102    Mr. Lindberg. I certainly would love to utilize the MAP and1103FMD program to open up vast new market opportunities for our1104farmers and ranchers.1105    Senator Hoeven. All right. Out of respect for my time, Mr.1106Westhill, I will save my questions.1107    Chairman Boozman. Senator Slotkin.1108    Senator Slotkin. Thank you, Mr. Chairman. Welcome to both1109of you. I want to pick up on something that Senator Hoeven was1110talking about, and that is acknowledging that there is real1111short-term pain that will be directed at our farmers due to the1112tariff policy. I think what is happening now is we are saying1113the quiet part out loud. You are repeating what President Trump1114said and what Secretary Rollins alluded to, which is we will1115help pay for farmers to get them through this short-term pain.1116    Just to review the bidding, as someone who lives on our1117family soybean farm, it now grows soybeans and corn, under the1118first Trump Administration the President did what seemed, I1119think, like a normal activity. He put 15 percent tariffs on1120Chinese goods, a bunch of Chinese batteries, pork, a bunch of1121things.1122    That we can control. It is the retaliation we cannot1123control. China retaliated. The put huge retaliatory tariffs,1124particularly aimed at soybean farmers. We had $27 billion of1125agricultural losses, and our soybean farmers lost 15 percent1126market share. We never got it back. China buys their soybeans1127from Brazil and from Argentina. We never got it back. How did1128the Trump Administration cover down on those losses, because1129the farmers, as you can imagine, were losing their minds? We1130paid them, with taxpayer dollars, paid for by this Committee,1131to the tune of $23 billion in what people would call government1132checks, welfare checks. Farmers hate taking welfare. They just1133want to compete.1134    I do not think there is a question on the desire,1135particularly against China, to go after them and their unfair1136trading practices. It is that we cannot control where the trade1137war goes.1138    Can you acknowledge that that is the accurate description1139of what happened for soybean farmers in the last administration1140from that trade war?1141    Mr. Lindberg. Senator, thank you for the question, and I1142appreciate the fact that you are a family farmer. That is1143wonderful. Thank you for giving me a chance to comment on it.1144If you look at the trade data from our Phase One trade1145negotiations with China in the first Trump Administration, the1146agricultural exports when tariffs were implemented by President1147Trump did have a drop in the subsequent year after the tariffs1148were implemented.1149    If you look at the trade data the year after the China1150Phase One deal was signed between the U.S. and China,1151agricultural exports went up to 39 percent higher than pre-1152tariff levels. Before the tariffs started, after the tariffs1153went into place, we saw a dip. We saw market facilitation1154payments happen. Then the year after that occurred, a 391155percent increase on what was pre-tariff levels for agricultural1156exports to China.1157    Senator Slotkin. Then why were we cutting checks to farmers1158from this Committee, literally, taxpayer dollars. Not something1159to sneeze at. Why were we having to subsidize our farmers who1160just wanted to compete in this field? Honestly. The stats sound1161great, and I would be thrilled, right. I am a CIA officer. No1162one wants to push back on China more than me. The truth is we1163paid, from this Committee, checks to farmers to get them1164through, and then completely lost that market share.1165    I think we need to acknowledge. I had a big farm kind of1166town hall in Frankenmuth, Michigan, on Friday. These are folks1167who are not Democrats. That is for sure. They are stressed out1168about the potential retaliation. You combine that with the1169immigration issues, right. They have legal, vetted immigrants1170who are not showing up to work because they are scared. Our1171farmers have just a high level of uncertainty right now, and I1172just ask you to again--we do not want to subsidize with1173basically welfare checks, our farmers, because of trade policy.1174Please, please, stand in the breach on that.1175    Another topic, I want to add to the chorus on the unfair1176trade practices that lots of countries use with us. I want to1177put it on your radar that I want you to go into battle with the1178country of Turkey on tart cherries. We would love you to do1179blueberries, asparagus, potatoes. Go to battle. Go launch. I1180want to know what you will specifically do, particularly for1181the specialty crop folks on this end of the dais, to make sure1182that even some of the smaller countries that we do trade with1183are going to get some hammers.1184    Mr. Lindberg. Yes. I believe in an all-of-the-above trade1185approach. The America First Trade Agenda, I believe, calls for1186that. We need to do big deals, little deals, medium deals, and1187all kinds of deals to make sure that we get that market access.1188    Not only will I again be working with my interagency1189colleagues to make sure that we are advocating for our farmers1190and ranchers in these trade discussions we are having today.1191The Foreign Agricultural Service does an excellent job of1192maintaining a list of non-tariff barriers that our farmers are1193facing around the world, and I will absolutely address those1194every time I get the chance overseas, to meet with my1195counterparts in other countries and break those down.1196    Senator Slotkin. Great. Please go to Turkey. Thank you. I1197yield back.1198    Chairman Boozman. Senator Tuberville.1199    Senator Tuberville. Thank you, Mr. Chairman. Gentlemen,1200thanks for being here. Five-alarm fire. We are in trouble.1201Agriculture Department and us, we have a big, big chore in1202front of us. We are losing farmers every day. We lost 150,0001203farms in the last four years. Our trade deficit has gotten1204awful. It is not acceptable. The Biden Administration sat on1205their hands for four years and did not do one trade deal, and1206it looked like they tried to put our farmers out of business on1207purpose. My God, I could not believe it. I sat here watching1208it.1209    We have got to do something. I get calls every week, ``We1210are going out of business.'' Worse the farmers have ever been.1211We cannot do business as usual. Something has got to be done.1212If we do not do that, we are going to lose them. It is going to1213be over. We are going to be buying every bit of the food that1214we eat out of this country. We saw what happened during COVID.1215It was a disaster when we could not get drugs because China was1216the only one making drugs.1217    I will get off my soapbox here and thank both of you for1218what you are going to try to do.1219    Mr. Lindberg, cotton has weakened due to the surge of low-1220value textile imports of synthetic fibers, all from Southeast1221Asia. They come through an $800 de minimis loophole, and it is1222killing us. President Trump has been working to close this1223loophole.1224    Can you talk a little bit about that?1225    Mr. Lindberg. Senator, thank you, again, and I appreciate1226you spending some time with me in your office to discuss these1227issues prior to this. I enjoyed our conversation.1228    Absolutely, President Trump is taken seriously, based on1229the news reports I have seen, the de minimis exemption, which1230has been a tragedy for not only our cotton farmers but also for1231manufacturers and a lot of other industries across America. I1232will absolutely work alongside, and look forward to working1233alongside our interagency colleagues to make sure that those de1234minimis exemptions and things are held accountable and are1235following the law of the land.1236    Our former Governor is now at the Department of Homeland1237Security, and I am looking forward to working with her team at1238Customs and Border Protection, as well, is one agency I had not1239mentioned yet. Thank you.1240    Senator Tuberville. Well, you know, it sounds like a little1241thing, but all those little things add up for our farmers.1242    Mr. Lindberg. They do.1243    Senator Tuberville. We have got to get better commodity1244prices. If we do not, I mean, it is going to be over with for1245United States farmers.1246    Mr. Westhill, how do you plan to approach and manage the1247USDA career staffers in the Civil Rights Department that do not1248support President Trump's agenda?1249    Mr. Westhill. Senator, I really appreciate the question,1250and I will say, look, I think the career staffers that I worked1251with in the first term were, many of them, consummate1252professionals. In fact, one of them is here today, supporting1253my nomination, as one of my guests. He served as the Chief of1254Staff the entire time that I served in the first term.1255    I think the important thing to do is to put out a clear1256vision for what your plan is. I think the vast majority of the1257individuals who are in that office want to actually enforce1258civil rights. That is why they went into that office. At the1259end of the day, it is a civil rights office, not a DEI office.1260I think that the vast majority of those individuals will get1261behind President Trump's agenda, which is to advance civil1262rights.1263    Senator Tuberville. Team USA. I mean, the only way we can1264make it. We cannot do it by pulling each other apart.1265    Mr. Lindberg, the Biden Administration put U.S. cattle1266producers at a competitive disadvantage and endangered the1267American public by allowing imports of beef from Paraguay. It1268is ridiculous. Paraguay cattle producers do not have the same1269food safety standards as the U.S. Can you speak to USDA's plans1270to ensure sufficient due diligence is done in these1271inspections?1272    Mr. Lindberg. Sir, thank you for the question. For me, in1273my role at USDA, as the Under Secretary for Foreign1274Agricultural Affairs and Trade, that will be an effort by my1275colleagues. I look forward to working with my colleagues and1276making sure that they have timely market analysis and market1277intelligence on those exact issues.1278    Senator Tuberville. Thank you. Also, our peanut growers in1279my state, which is huge, and across the country have been at a1280competitive disadvantage in the marketplace due to non-tariff1281trade barriers on peanuts from aflatoxin in the European Union.1282I asked Mr. Vaden this when he came through a few weeks ago,1283and I will ask you too. Would you commit to ensuring USDA and1284USTR work together on Trump's agenda to reduce trade barriers1285and prioritize market access for all of our farmers?1286    Mr. Lindberg. I look forward to doing exactly that.1287    Senator Tuberville. Thank you. Thank you, Mr. Chairman.1288    Chairman Boozman. Senator Smith.1289    Senator Smith. Thank you, Mr. Chairman, and I appreciate1290this hearing. I want to just start actually by making a couple1291of comments about nutrition programs and food programs, SNAP1292and WIC, and school meals, and especially food banks, because I1293know we are awaiting to see what the Republican budgets will1294look like coming out of the House, and I am quite concerned1295about what I am hearing about this.1296    I just want to draw my colleagues' attention to a couple of1297things I had an opportunity to do in Minnesota last week, which1298is to visit food shelves in Fairmont, Minnesota, Heaven's1299Table, and also Pequot Lakes, Minnesota, the Lakes Area Food1300Shelf. These are places where the community really comes1301together to make sure that people can put food on the table.1302What we, of course, see when we go to see these food banks are1303working families, seniors, often people who are working but1304their incomes are not high enough to be able to afford1305groceries all month long, people living with disabilities.1306These are the folks that are relying on these food banks.1307    We have seen, interestingly, in Minnesota, and I bet,1308colleagues, it is the same around the country, since January,1309food shelves have seen a significant increase in new families,1310often people coming through the door for the very first time.1311Of course, this is a problem in all different kinds of1312communities, colleagues, and it is particularly a problem in1313rural communities. In this country, 9 out of 10 counties with1314the highest food insecurity rates are rural. In Minnesota, the1315counties that are seeing the biggest increase in visits to food1316shelves are also rural. For example, Nobles County--my1317colleagues from South Dakota will recognize Nobles County, as1318will Senator Klobuchar--in the far southwestern corner of1319Minnesota, has seen an increase in food shelf visits of nearly1320195 percent over the last year.1321    I draw attention to this, colleagues, because right now1322what is happening is USDA is cutting the funds that are helping1323food shelves meet their needs. The Emergency Food Assistance1324Program has been frozen and cut, and this has had a dire impact1325on the ability of food shelves in Minnesota and around the1326country to help people. I really want to put a point on this as1327we think about the big issues before us in the upcoming budget,1328and the reconciliation budget, in particular.1329    Now, Mr. Lindberg, thank you for being here. Mr. Westhill,1330thank you for being here. Mr. Lindberg, I want use the time I1331have left to ask you about what we can do to create and1332preserve export markets. I really appreciated my colleague,1333Senator Klobuchar's, opening statements about how Minnesota1334farmers and producers are kind of whip-sawed, really struggling1335with a lot of the chaos around trade and tariffs. There is no1336doubt in Minnesota farm country that the first Trump1337Administration--you know, Minnesotans were hit hard with these1338retaliatory tariffs, and in fact, in many places farmers have1339yet to recover the lost market share from what happened in1340those years.1341    I appreciated, in your testimony, you said that you were1342ready to work with your counterparts across the Administration1343to explore new markets, and I want to understand what that1344might look like.1345    Here is an example. I have been strongly supportive of1346reopening the Colombian market to American poultry products,1347including turkeys produced in Minnesota. We are the number one1348turkey producer. This is a long and arduous process to get1349these new agreements put into place. Then, of course, President1350Trump comes in. He announces a 25 percent tariff on Colombia,1351and then he pulls that back, and then this month it was maybe1352all items from Colombia would receive a 10 percent tariff. This1353is the environment that we come into as we try to figure out1354how to go forward.1355    My question for you is, how will you plan to work, how will1356you go about this, as you are trying to build relationships and1357new potential trading partners while, at the same time,1358existing trade agreements are getting torn up, sometimes over1359issues that have nothing related to trade itself? Like how do1360you do the hard work of making agreements in that kind of1361environment?1362    Mr. Lindberg. Thank you, Senator, for the opportunity to1363comment on that. Certainly I appreciate what is going on in1364southwestern Minnesota. I can see that corner of your state1365from my house, actually, not far down the road.1366    My objective is absolutely to work with the interagency1367partners that I will engage with across the Treasury, Commerce,1368USTR functions. I think the Foreign Agricultural Service plays1369a vital role in those discussions. We have market intelligence1370that we provide back to feed into those discussions, and I1371would look forward to providing that.1372    Again, I think one of the strengths I bring to the table1373for this role specifically is not only have I worked with1374Secretary Rollins at the America First Policy Institute for the1375last three years, I have also engaged with many of my1376counterparts who are already confirmed for senior-level roles1377at those other organizations and agencies that I will be1378working with.1379    To me it is a bringing together of like-minded folks to1380make sure that our farmers and ranchers opinions are well1381represented at those tables.1382    Senator Smith. Thank you for that. I know I am out of time,1383Mr. Chair. I just want to make a point that it is difficult to1384reach agreements when there is so much inconsistency in the1385policy. Those agreements are reached because there is a sense1386of trust and a sense of continuity in whether those agreements1387are going to be abided by or not. I think that makes it1388particularly difficult for anybody to try to reach new trade1389deals in this environment.1390    Thank you, Mr. Chair.1391    Chairman Boozman. Thank you. Senator Justice.1392    Senator Justice. Thank you, Mr. Chairman, Ranking Member. I1393guess if I could just talk to all of you, you know, I would say1394to Mr. Lindberg, to Mr. Westhill, to your families, thank you1395so much for being here in every way. Governor, it is a real1396honor to have you, because you have come a long way, and you1397have come a long way in support. All of you--all of you that1398are sitting out here are basically wondering, well really, what1399is going to happen? What is going to happen? These two1400individuals, I mean, it could not be more diverse if you really1401think about it, from civil rights to trade. It is a long, long1402ways apart, isn't it?1403    Really, what it really boils down to it, you are Team1404Agriculture today. Because Tuberville, you know, is a great1405friend and a great coach, and I have been a coach a long time1406too, and I can tell you, without any doubt, it is all about1407team.1408    Now, the bottom line of the whole thing is just this, and1409just this alone. Today, especially in our fields today, farmers1410are out there. They are busting their butts. The most1411productive engine in all the land could ever be. They are1412worried. They are worried to death because from the standpoint1413of our trade deals, I mean, we would all be just frivolous if1414we were to sit back and say, ``Yes, it's going pretty good.''1415Well, it is not going pretty good. That is all there is to it.1416    Absolutely, with all in me, I would just tell all of us, on1417both sides of the aisle, all of us on now Team Ag, without any1418question, we have got to do something. You have got to do1419something right now. Really, if you are coming to the table and1420it is going to be just beating today, and the same-old, same-1421old, and absolutely able to say, you know, ``I am an Under1422Secretary,'' or ``I am a--,'' you know, whatever it may be, and1423really what you have at your fingertips is just this.1424    We are losing this battle. Our farmers and our ranchers are1425in real trouble, real trouble. You see, my family has a family1426farm, and we grew it to a great big farm. With all that being1427said, I know what is going on. I really do know. I can1428positively tell you that our farm families, our ranch families1429are hurting, and they are really worried, because absolutely1430with all that in them, they see their products and they see, we1431have got to absolutely market our products. We do have to have1432our commodity prices higher, or we have got to have our input1433costs go way, way, way down.1434    You know, with all that being said, I have got just a1435couple of really quick questions. The question that I have more1436than anything is just this. You know, to you, Mr. Lindberg, you1437know, can you speak to what the first steps you might take to1438help President Trump's trade agenda to ensure that farmers and1439ranchers, as well, are not caught in the middle of the1440crossfire while he fights to some way, somehow, even out-trade?1441I mean, everybody is so hung up on, you know, are the tariffs1442good, are the tariffs bad, and everything. He is trying to1443right America to where we are absolutely building something in1444America, and absolutely right trade to where other countries1445are not taking advantage of us all the time.1446    Please answer.1447    Mr. Lindberg. Senator, thank you for the question, and for1448our time together before this, that we spoke, and I look1449forward to working with you and exactly solving this problem.1450    From my perspective, President Trump has already begun the1451process of righting this wrong and righting this ship. You said1452you were a coach previously. I believe you cannot win the game1453unless you have a strategy to win the game. The way in which I1454think we win this game is by inviting our farm groups in, as I1455mentioned to the Chairman's initial question to me, and1456figuring out what are those markets where we are deficient?1457What are those opportunities where we can get more sales? What1458are the exact commodities, and what are the dollar values we1459can expect if we have a game plan in place? Then it is our job1460to go knock those trade barriers down and get those market1461access opportunities. Then it is the businesses'1462responsibilities, the farmers, the associations, all the groups1463that support our folks, to get out there and win the day1464alongside us.1465    For me it is taking a strategic and very targeted approach,1466getting a game plan together, and then executing on it. I1467commit to doing that with you.1468    Senator Justice. The only other thing I have is, Mr.1469Westhill, I have got a great question here and everything. I am1470out of time. I can tell you just this. You know, I congratulate1471your son on his athletics. The only thing that we have to1472differ with and everything is you went to the University of1473North Carolina, and my daughter played basketball for Clemson1474for a little while. Other than that we are in great shape.1475    The only thing I would add is just that everybody here1476should know, and I think I am correct about this, years and1477years ago they said to farmers, what is the value in a box of1478corn flakes if corn were $3 a bushel? What is the value of the1479corn in that box? I think it was a third of a penny. You know,1480our farmers and ranchers need us, and they need us all right1481now. We should not forget that.1482    Thank you so much.1483    Chairman Boozman. Thank you. Senator Schiff.1484    Senator Schiff. Thank you, Mr. Chairman. Mr. Lindberg, as1485you know I come from California, and we are very much in the1486specialty crop business, really proud of the whole agricultural1487industry in California, and to be the number one agriculture1488producing state, as I remind my colleagues.1489    We traditionally, by virtue of having such a heavy1490concentration in specialty crops, have not participated as much1491in the work of the USDA in the sense of being a recipient of1492support from the Department. There are a number of programs1493that are hugely important to us--the Market Access Program, the1494Technical Assistance for Specialty Crop Program, the Regional1495Agricultural Promotional Program, and the Assisting Specialty1496Crop Exports.1497    I would like to get your thoughts on those programs,1498whether you see their value, whether we can count on you to be1499a champion for those efforts.1500    Mr. Lindberg. Senator, thank you for the question, and my1501wife's uncle is actually a fruit farmer in the great State of1502California, a long-time specialty crop producer there. I have1503spoken with him many times about the importance of these exact1504programs with respect to helping create those markets for our1505specialty crops overseas. I absolutely commit to working with1506our export promotion programs to make sure our fruit farmers1507and other specialty crop producers have those chances to export1508their products.1509    Senator Schiff. I would say also that a lot of the research1510that is done by USDA helps the specialty crop farms in dealing1511with different pests, diseases, et cetera, that really threaten1512the livelihood of what they produce. The layoff of some of1513these important personnel is of grave concern. We would also1514ask you to push back against the firing of these important1515scientists and researchers who are doing work that can save us1516billions in agricultural output.1517    Mr. Westhill, I wanted to ask you about the USDA's history1518and the present, and in terms of the history, obviously the1519Department has an incredible history, a very important1520institution in our society, going back to the days of Lincoln.1521Yet it also has a record of some pervasive discrimination.1522    What is your commitment to making sure that the USDA serves1523a diverse group of farmers. In California we not only have an1524extraordinarily diverse set of crops, we have an1525extraordinarily diverse set of farmers. I want to make sure1526that farm programs are accessible to all the farmers, and not1527only is there no discrimination but there are affirmative1528efforts made to make sure that farmers are aware of these1529programs and that there is the outreach so that all can1530participate. I would like to get your thoughts on combating the1531historic discrimination within the Department and also making1532sure that we are reaching a diverse group of farmers in the1533country.1534    Mr. Westhill. Senator, thank you for the question. I really1535appreciate it. I appreciate your interest in civil rights at1536USDA and its history. There is a long history of discrimination1537at USDA. I have read the book on it. I have talked to your1538colleagues about those issues.1539    I did not see those issues when I served in the role as1540Deputy Assistant Secretary in the first term. To the extent1541that they exist at all today, that there are barriers to1542accessing USDA programs, for participating as a rancher or a1543farmer, no matter what you are producing with USDA programs, we1544want to make sure that those barriers are knocked down. I am1545committed to that. I am committed to making sure that everyone1546can do business with USDA on equal footing, no matter their1547race or any other protected characteristic under civil rights1548law.1549    Senator Schiff. Thank you. Mr. Lindberg, I do not know1550whether this is going to become necessary. I guess it depends1551on how long the tariff fight goes on. Farmers in California,1552like I think around the country, would much rather farm and1553trade and sell than be reliant on government support. If there1554is a fund established to help farmers that are injured by1555retaliatory or other tariffs, in the past specialty crop1556farmers have really not participated very much, and those in1557California even less.1558    What can you do to make sure that there are resources1559available to help make those farmers whole, even as there has1560been traditionally been much more attention on the commodity1561growers?1562    Mr. Lindberg. Senator, I believe that there are going to be1563a number of new trade deals signed in the not too distant1564future, that those programs will not be necessary. Should they1565become necessary, I will absolutely commit to make sure that1566the specialty crop producers in our country are represented and1567have the chance to apply, just like any other farm commodity1568groups.1569    Senator Schiff. That may require some adjustment of how1570those programs operate, since the trees have a much longer1571life, a much higher investment, and many of the farmers do not1572have the same long history of farming the same crops. There are1573some artificial barriers, I think, to participation, and I1574would like to work with you to overcome them.1575    Thank you, Mr. Chairman.1576    Chairman Boozman. Thank you. Senator Fischer.1577    Senator Fischer. Thank you, Mr. Chairman. Welcome,1578gentlemen. Thank you both for putting yourselves forward to1579serve this country. I appreciate that.1580    Mr. Lindberg, it is good to see you, and I appreciated our1581conversation about how trade is critical to the agriculture1582economy in my State of Nebraska.1583    The Biden Administration left us with a $49 billion1584agricultural trade deficit. I know you and Secretary Rollins1585want to tackle this problem head-on. I am excited to see that1586Secretary Rollins announced she will be visiting six1587international markets in her first six months on the job.1588    Nebraska's agriculture producers have talked to me about1589the opportunities in a number of these markets, such as getting1590fair treatment for our pork in Vietnam, securing access for our1591biofuels in India and Brazil, and our beef in the U.K. I know1592Nebraska's agriculture producers are excited about the1593opportunity and focus on opening markets for our agriculture1594products.1595    A couple of weeks ago, I met with Nebraska's pork producers1596and discussed what opportunities for export market development1597they are hoping for from the Trump Administration, and they1598shared excitement about Vietnam, in particular. Other1599competitors such as the European Union, Russia, and Canada1600already have trade agreements in place with Vietnam that give1601them lower tariff rates. With Secretary Rollins planning to1602visit Vietnam, it sounds like there is a real opportunity to1603ensure that we can compete fairly in that market.1604    As the Secretary and yourself, if you are confirmed, work1605to open markets in new countries, how would you plan to get1606input and feedback from our farmers and ranchers about where1607they see opportunity or where they have challenges with1608exporting to other countries?1609    Mr. Lindberg. Thank you, Senator. I also enjoyed our1610conversation, and want to make mention a friend of mine is here1611today, who owns a farm in Nebraska. Bonnie Glick is with us1612today. Welcome to Bonnie, and glad to have her, as a Nebraska1613farmer, here.1614    Yes, absolutely. I started my career in consulting so I1615think about things in a very straightforward and strategic1616manner. I plan to go into my office on day one, should I be1617confirmed to this role, and put the number ^$49 billion on the1618white board, and begin inviting your Nebraska pork producers,1619all of the different commodity groups from around the country1620to come in and have conversations with us. This is a1621conversation that drives the outcome.1622    I do not pretend to know all of the things. The actual USTR1623comment window that was recently opened on unfair trade1624practices was exceedingly helpful, and many groups began this1625process for us.1626    I say we have to get to the $60 billion sales number so1627that we get back into surplus, because America has always fed1628the world, and right now we are not meeting our mandate there,1629and we could be doing better.1630    It will be a very iterative and consultive process to the1631program here.1632    Senator Fischer. I guess, can you talk a little bit about1633how you would coordinate with organizations that receive trade1634promotion funding through the USDA?1635    Mr. Lindberg. Absolutely, I can. In my current capacity as1636CEO of South Dakota Trade, our state's international trade1637office, we have worked extensively with Food Export Midwest,1638which receives USDA Foreign Agricultural Service funding to1639help promote our agricultural products overseas. We have co-1640worked on trade missions together in the past. I have engaged1641their staff in sending them referrals from South Dakota to help1642promote products overseas, as well.1643    It would be very much my pleasure and I think a1644continuation of the work I have already been doing to engage1645exactly in what you are referring in that question.1646    Senator Fischer. You know, I know that our farmers and1647ranchers are excited about the prospect of opening up new1648markets. You know, when we look at the retaliatory tariffs that1649are out there, that makes people nervous. Our farmers and1650ranchers are also willing to give the President time on this to1651be able to expand those markets.1652    We look at China and what they are doing. They happen to be1653a significant market for soybeans, a major crop that we have in1654Nebraska. We are facing a duty there from the Chinese of 1551655percent. That shuts our farmers out of that market.1656    Can you talk a little bit about your goals when you look at1657China, and what maybe you would see them doing to meet some of1658the needs that we have in this country, how we can come1659together, what you would tell a soybean farmer in Nebraska who1660is feeling anxious about those tariffs? What would you say?1661    Mr. Lindberg. Sure. One thing I might mention, this morning1662Secretary Bessent spoke at the White House, and the quote I1663really enjoyed that he said was, ``The aperture of uncertainty1664is narrowing.'' I mentioned earlier in this hearing, the data1665point that after we signed the China Phase One agreement in the1666last Trump Administration, we actually saw a net increase in1667exports to China on the agricultural front of 39 percent from1668pre-tariff levels.1669    We know the trade deals work. We are going to get hopefully1670trade deals done early in the process, and that is going to1671increase those export opportunities readily in the not too1672distant future.1673    I look forward to working with you and all of your1674producers to make sure that we can get that message across and1675that we are going to be here as a lifeline for them.1676    Senator Fischer. Thank you. Thank you very much. Thanks,1677Mr. Chairman.1678    Chairman Boozman. The Senator from Georgia, Senator1679Warnock.1680    Senator Warnock. Thank you, Chair Boozman. Congratulations1681to both of you for your nominations, and welcome to your1682families.1683    Over the last few months, President Trump has thrown the1684global economy and agricultural markets into a tailspin with1685uncertainty, caused by his sweeping and chaotic tariffs. I do1686not share the Secretary of the Treasury's positive view of1687where things are at this point. The President's actions have1688created uncertainty, and we see it on the ground. We see it1689with Georgia farmers who are worried about affording necessary1690inputs like fertilizer, and losing access to critical export1691markets.1692    Mr. Lindberg, if confirmed, you would be responsible for1693international agricultural trade at USDA, and I remain1694concerned that the President's manufactured trade war will hurt1695Georgia farmers, who I am hearing from regularly. I am1696concerned that it will push our allies in exactly the wrong1697direction, actually toward China. Do you share that concern?1698    Mr. Lindberg. Senator, thank you for the question, and as a1699point of reference, I have been a longtime acquaintance of1700former Georgia Agriculture Secretary Gary Black, and we have1701discussed trade issues and actually have worked together in the1702past. He has spoken at a summit I hosted in South Dakota for1703several years.1704    The short answer is I believe that Georgia's pecan growers1705face unfair tariff barriers around the world and non-tariff1706barriers on their products. I also believe that Georgia's1707shrimping industry is getting decimated unfairly by foreign1708imports that are produced in unsanitary conditions. It is time1709that we take a stand and we provide better market access that1710gives your producers what they deserve, what they have been1711promised in many cases, around the world. Also protect our1712domestic producers, as well.1713    Senator Warnock. Are you concerned that these tariffs are1714pushing them toward China?1715    Mr. Lindberg. I believe that----1716    Senator Warnock. Our allies.1717    Mr. Lindberg. I believe that the President is going to sign1718a number of new trade agreements that will open up market1719access for our producers.1720    Senator Warnock. I have done a lot of work on this issue. I1721am well aware of the concerns that Georgia farmers have had1722with getting their products, pecans and other products. I have1723dealt with the aflatoxin issue with respect to peanuts in1724foreign markets. The tariffs is still another issue, and we1725have seen this movie before. When it happened during the first1726Trump Administration, they were basically subsidized. As I talk1727to Georgia farmers, I would submit to you that they want trade.1728They do not want aid.1729    If confirmed, what will you do to combat this isolationist1730strategy and open new export markets for Georgia farmers? We1731agree that we want to open export markets.1732    Mr. Lindberg. Absolutely we do, yes. I believe that the1733trade agreements that were signed in the first Trump1734Administration are examples that we can live by. The USMCA,1735which was a bipartisan agreement, provided new market access.1736We could replicate agreements like that, successfully, to1737increase those market access opportunities around the world for1738Georgia producers.1739    Senator Warnock. I am certainly concerned about the outcome1740of these practices. I have not seen much so far that heartens1741me. I look forward to working with you in the future to do1742everything we can to open international trade markets for1743Georgia farmers.1744    I have spoken many times in this Committee about USDA's1745terrible and well-documented record of discrimination against1746Black farmers and the importance of federal programs aimed at1747addressing past discrimination and uplifting underserved1748farmers. I am proud of my and Senator Booker's efforts in the1749previous administration to push USDA to break down the1750structural and financial barriers erected by the agency that1751many underserved farmers face. The work is not over.1752    Mr. Westhill, good to meet you the other day in my office.1753If confirmed, you would be over civil rights at USDA. Do you1754agree that USDA has historically engaged in discriminatory1755actions that have uniquely harmed Black farmers in their farm1756lending programs?1757    Mr. Westhill. Senator, thank you for the question, and it1758was a pleasure to meet with you in your office when we talked1759about this, as well. As I have suggested to your colleagues and1760to you then, I have read the book on that particular very sad--1761--1762    Senator Warnock. It is a yes-or-no question.1763    Mr. Westhill. That is a yes.1764    Senator Warnock. A yes. Thank you. You are aware of the1765Pigford case, and are you aware that USDA has agreed to a1766consent decree settlement, which a court has blessed, in light1767of that history of discrimination?1768    Mr. Westhill. Yes, Senator, I am aware of Pigford.1769    Senator Warnock. Okay. Do you acknowledge that according to1770an NPR analysis of USDA data as recently as 2022, Black farmers1771were still denied USDA loans at higher rates than any other1772race?1773    Mr. Westhill. Senator, I am not aware of that.1774    Senator Warnock. I want you to become aware of it. I am1775going to submit this report. Chair Boozman, I would like to1776submit it, this analysis, for the record.1777    [The document can be found on pages 54-74 in the appendix.]1778    Senator Warnock. If confirmed, how would you continue the1779important work to dismantle these structural barriers and1780rebuild trust between the USDA and farmers who previously faced1781discrimination?1782    Mr. Westhill. Senator, I appreciate the question. I really1783do appreciate your strong interest in these types of issues. I1784think they are very, very important, and it is one of the1785reasons why I have dedicated my career to working on them.1786    What I can commit to is enforcing civil rights at USDA1787vigorously. The same thing that we did in the first term when I1788headed this office as Deputy Assistant Secretary, we would do1789it again. If there are official or arbitrary barriers that are1790preventing anyone from doing business with USDA--customers,1791employees, or otherwise--we are going to make sure that those1792are broken down, and I am committed to that.1793    Senator Warnock. I am also concerned about this1794Administration's attack on programs that fall under the broad1795umbrella of diversity, equity, inclusion, and accessibility.1796Following the President's DEI executive order, this1797Administration haphazardly and illegally, in my view, froze1798funding passed by Congress, on a bipartisan basis, for many1799critical programs, causing chaos for the students and1800organizations who depend on those funds, including USDA's 18901801National Scholars Program. While I was glad to see that program1802unfrozen, it did not happen until some folks made noise. There1803was a lot of public outcry, and the recognition that this1804should not have happened in the first place.1805    Mr. Westhill, do you believe that 1890 institutions like1806Georgia's Fort Valley State University, are DEI?1807    Mr. Westhill. Senator, no, I do not. I am very proud of the1808work that I did in the first term to support the White House's1809initiative on historically Black colleges and universities, and1810I look forward to helping with that initiative again if I am1811confirmed.1812    Senator Warnock. Glad to hear of your commitment to these1813institutions, recognition that they do critical work. If you1814are confirmed, will you commit to ensuring that USDA fully1815implements all 1890 programs as required by statute and1816intended by Congress?1817    Mr. Westhill. Senator, anything that is in the law, I would1818make sure that if it is under my authority that it would be1819enforced. Absolutely.1820    Senator Warnock. Thank you so very much.1821    Chairman Boozman. Thank you. Thanks again to Mr. Lindberg1822and Mr. Westhill for appearing before the Committee and to our1823Committee Members for their participation in today's important1824hearing.1825    The record will remain open for two business days, and with1826that we are adjourned.1827    [Whereupon, at 4:50 p.m., the hearing was adjourned.]18281829=======================================================================18301831                            A P P E N D I X18321833                             April 29, 202518341835=======================================================================18361837[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]18381839=======================================================================18401841                   DOCUMENTS SUBMITTED FOR THE RECORD18421843                             April 29, 202518441845=======================================================================18461847[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]18481849=======================================================================18501851                         QUESTIONS AND ANSWERS18521853                             April 29, 202518541855=======================================================================18561857[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]18581859                                 [all]