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ABOUT KEN

Ken Cook is president of Environmental Working Group, a public interest research and advocacy organization known for its Farm Subsidy Database. The author of dozens of articles, opinion pieces and reports on agricultural, public health and environmental topics, "[Cook's] fingerprints can be found on nearly two decades of U.S. farm law" (Omaha World Herald). Read more about the authors.

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May 14, 2008

Farm Bill: EWG Statement On House Passage

EWG President Ken Cook
Statement On House Passage of 2008 Farm Bill
14 May 2008

Anyone who might have wondered if this Congress would bring a "new direction" to farm policy had their final answer in today's vote in the House of Representatives.

Democrats are supposed to stand on principles of fairness and equity, not sell them. And today they sold them on the cheap.

If the House had displayed even a modicum of political courage and taken on the subsidy lobby, this farm bill could have gone far beyond the miserly spending increases it provides for nutrition assistance to the poor at home and abroad, conservation, farmers markets, organic food, minority farmers and other important priorities that have long been neglected or under-funded. And there would have been money left over to give taxpayers a break.

Apparently the Democratic caucus thought they were log rolling when the subsidy lobby tossed them some twigs.

In a period when crop prices and farm incomes are soaring to record levels, the continuation of bloated subsidies to the largest, most prosperous farms in the country can only be seen as a breathtaking cop-out on the part of congressional leaders.

Environmental Working Group will be highlighting the good and the bad in this legislation in the days ahead, but we already know how the balance will tip relative to the opportunity for reform in this farm bill cycle: on balance the special interests won, and the public interest lost.

Farm Bill: Vote Nay

Because enough nay votes today will give President Bush the margin he needs to sustain a veto and pursue one last effort to press for reform of the scandalously broken crop subsidy system and curb abuses by the mega-farms that dominate it.

The only thing more shameful than the income "caps" in the Conference Bill is their embrace by Democrats as "reform."

What Bush's veto, in turn, will not mean, is a simple extension of the 2002 bill and it won't mean we exhume the 1949 law. Neither one is a viable option for the administration or congress. They need a new bill, and a post-veto version will be better.

And a veto also won't mean the loss of the nutrition and conservation funding and reforms everyone's so excited about--everyone but us. We think on both areas--and on organic, fruit and vegetable programs, dealing with hunger abroad--this farm bill doesn't even measure up to being called pathetic, and we'll be writing about that a lot in the days to come.

So again, we urge a nay vote today.

UPDATE: The House approved the farm bill with an apparently veto-proof margin, 318-106.

May 13, 2008

White House, USDA Now Whipping "No"
On Farm Bill
"But Where's Blunt?"

Republican sources tell me the White House is now pushing the GOP conference to vote against the farm bill tomorrow to signal Bush's veto will be sustained.

Now that it is finally engaged, the White House is picking up support among fiscal conservatives and bolstering opposition to the bill from House Minority Leader Boehner and Chief Deputy Whip Eric Cantor.

But fiscal conservatives aligned with the White House are concluding that it's now House Minority Whip Roy Blunt of Missouri who is missing in action.

As today's White House statement and administration sources make clear, Bush strongly prefers a new bill, not a straight extension of current law, but is firmly insisting on more subsidy reform. A veto is seen as opening a final, post-veto round of negotiation, on a new bill, not a simple extension that is seen as DOA in the House.

Top administration sources tell me that If the veto is sustained, the Bush team will not challenge the food assistance or conservation provisions in any ensuing negotiations. Their focus is on Title I reform and commodity-related costs like the new $3.8 billion permanent disaster aid program.

That opens the door to the subsidy lobby's worst nightmare: isolation of their plush Title I and disaster aid provisions as the obstacle to a new farm bill should Bush and Pelosi find farm bill common ground.

Farm Bill Blocks Court-Ordered Release Of
Subsidy Program Data Under FOIA

A provision secretly tucked into the Farm Bill Conference Report (Sec. 1619, "Information Gathering") nullifies a recent, major federal appeals court decision under the Freedom of Information Act that ordered USDA to make public large amounts of data crucial to monitoring the economic and environmental impacts of multi-billion-dollar farm subsidy and conservation programs.
multiagv.USDApage.gif
Language to undo the effects of the FOIA decision was not part of the bills passed by either the House or the Senate. It was inserted without public hearings or debate during the Conference Committee process.

UPDATE: Pelosi's "New Direction" vowed to "Protect the public’s right to know, strengthening the Freedom of Information Act." (Look under Restore Accountability To Washington.)

In February, the U.S. Court of Appeals, DC Circuit, overturning a district court ruling under the Federal Freedom of Information Act, ordered the release of USDA data files in which "the public has a particular and significant interest" because "USDA uses this information in the administration of its subsidy and benefit programs and there is a special need for public scrutiny of agency action that distributes extensive amounts of public funds in the form of subsidies and other financial benefits." (Multi Ag Media, LLC v. Department of Agriculture)

Regarding one set of information, the court found that USDA's so-called Compliance File "contains crop data that agricultural producers report to FSA [Farm Service Agency] to establish eligibility for the government's subsidy and benefit programs. . .USDA withheld information on irrigation practices, farm acreage, and the number and width of rows of tobacco and cotton."

The other set of data ordered for release was a geographic information system (GIS) database that helps USDA's subsidy and compliance arm, the Farm Service Agency, "verify farm features and thereby monitor compliance with regulations governing farm benefits. . .USDA released much of the GIS database. . .but withheld information on farm, tract and boundary identification, calculated acreage, and characteristics of the land such as whether it is erodible, barren, or has water or perennial snow cover."

As the court stated:

"In sum, given USDA's rather tepid showing that release of the files would allow the public to draw inferences about some farmers' financial circumstances, the interest in data that would allow the public to more easily monitor USDA's administration of its subsidy and benefit programs, and FOIA's presumption in favor of disclosure, we conclude that the public interest in disclosure of the Compliance File and GIS database outweighs the personal privacy interest. Accordingly, release of these files would not 'constitute a clearly unwarranted invasion of personal privacy'. . .

. . .We reverse the district court's grant of summary judgment with respect to the Compliance File and the GIS database and remand the case to the district court for further proceedings consistent with this opinion."

The government did not appeal the ruling and the files were released, we presume, to Multi Ag Media, a subscription-based commercial publishing and marketing company that caters to firms doing business primarily with livestock farmers.

The key provision of Section 1619(b)(2) reads as follows:

2) PROHIBITION.—Except as provided in paragraphs (3)
and (4), the Secretary, any officer or employee of the Department
of Agriculture, or any contractor or cooperator of the Department,
shall not disclose

(A) information provided by an agricultural producer
or owner of agricultural land concerning the agricultural
operation, farming or conservation practices, or the land
itself, in order to participate in programs of the Department;
or [the Compliance File]

(B) geospatial information otherwise maintained by the
Secretary about agricultural land or operations for which
information described in subparagraph (A) is provided.[the GIS database file]

Complete Sec. 1619 in the jump.

Download the Appeals Court Decision.

Continue reading this post below the fold »

May 11, 2008

Farm Bill: White House MIA In Veto Push

Republican contacts on the Hill tell me there is no sign thus far of a White House campaign to sustain the farm bill veto the Bush administration has been talking up for months now, most recently on Friday's press call with Agriculture Secretary Shafer and Deputy Chuck Conner.

The absence of an active White House presence on the issue, up to and including indications that the president and vice president will weigh in personally, has caused Republicans to wonder how serious the White House really is about winning the farm bill veto fight.

There's not much time left for the White House to demonstrate resolve. With splits within the House Republican leadership on the farm bill--Minority Leader John Boehner in opposition to the measure and GOP Conference Chair Adam Putnam cheering for passage--it will take a full-court press by the White House lobbying apparatus to win a veto showdown. Statements from the podium of the White House press room or USDA's leaders, however clear and firm, won't be enough.

UPDATE MONDAY 2:10 PM: Boehner raises "earmark" objections to farm bill in this op-ed but doesn't even mention the impending veto.

Without a strong and visible White House push in the next three days inside the House Republican Conference, insiders warn, by the time the override vote is eventually taken Bush may already have lost.

The calculation is very simple. With the farm bill going to the House Rules Committee at COB this Tuesday, the measure may come to the floor as early as Wednesday. The sooner the better for supporters of the bill, who feel they have the momentum and want to run up the score with a big vote for passage this week.

There's no question the farm bill will pass the House. The question is whether a bloc of one-third of those present will either vote against the bill, or at least register as "not voting" and thus plausibly be deemed to be on the fence. A Republican "Nay" plus "NV" tally of one-third or more of the House, bolstered by some Democrats voting against the bill, would strongly indicate the president's veto can be sustained.

The White House would surely prefer a one-third "nay" vote. But "not voting" could emerge as an attractive outlet for GOP members who want to signal support for the president and his objections to the farm bill. That outcome would at minimum prolong the suspense about the outcome of the veto override, giving the White House more time and political room to build support.

(Not many Democrats are likely to vote no or take the "NV" option, unless they are willing to buck Speaker Pelosi and give Blue Dogs some payback for derailing last week's war supplemental vote. But a show of discord on the Democratic side could become a premise for the Speaker to pursue her wish for more subsidy reform, presuming that is indeed her wish.)

But it will be next to impossible to convince Republicans who vote for passage of the farm bill this week to turn around and sustain the president's veto of the same measure days later. A lop-sided win for the subsidy lobby on passage this week comfortably above two-thirds of the House (291 if every member votes) would make the veto override vote ceremonial only, and of questionable help in Republican efforts to unite, show strength and restore their brand. That's a "why bother" scenario for many Republicans.

However, if it is clear from this week's House vote that a veto will be or is likely to be sustained--and if in the event it is sustained--Agriculture Secretary Schafer and Deputy Secretary Conner will have the leverage they need to press for further subsidy reforms and other items on the administration's wish list.

That leverage will be substantial. Speaker Pelosi can't push a naked extension of the discredited 2002 farm bill through her own caucus much less the whole House. Even the fig leaf of phony subsidy reforms now in the bill would be gone, and there would be no increase in food assistance or conservation funds, no Pigford relief for black farmers, none of the tax blandishments Chairman Rangel secured for the Caribbean . . . and on and on.

But the game's over if the White House allows the veto override to look inevitable after this week's House vote.


May 9, 2008

Blue Dogs Are Big Winners In Subsidy-Laden Farm Bill
While They Threaten Education For Vets
With Offset Demand

True to their noble commitment to fiscal responsibility, Blue Dog Democrats helped stall their party's war supplemental spending package in the House this week. The intrepid budged hawks insisted that the cost of a major expansion of GI Bill education benefits that was added to the supplemental be offset with budget cuts elsewhere.

Veterans’ groups and liberal Democrats were irked by the Blue Dogs’ stance.

The delay caused by the Blue Dogs provoked a backlash by veterans’ groups as well as several members of the liberal Out of Iraq and Progressive caucuses Thursday, who demanded that the supplemental bill be brought to the floor in its original form.

“How can the Blue Dog Coalition possibly say that an expansion of education benefits is too costly when their votes to spend hundreds of billions of dollars to fight in Iraq violate the same pay-as-you-go rules they claim to so deeply respect? It’s an inconsistent logic,” said Rep. Maurice D. Hinchey , D-N.Y.

Maybe House Democrats riled up about the Blue Dogs' position on education benefits for veterans should stage a revolt themselves--by signalling support for Bush's promised veto of the farm bill.

After all, Blue Dogs are mopping up billions in that legislation, which Speaker Pelosi is strong-arming her caucus to support. We know that at least $5.9 billion in "direct payment" farm subsidies will go to farmers in Blue Dog districts over the next five years, despit the sky-high crop prices and record incomes that subsidy crop farmers will be earning.

How "fiscally responsible" is that?

Earl Pomeroy's farmers will get $1.1 billion from taxpayers. Marion Berry's will get $965 million. Stephanie Herseth-Sandlin's will haul in over $800 million.

And Ag Committee Chairman Collin Peterson, who has been saying the payments are "hard to defend" when farmers' incomes are at record levels, will bring home $691 million in direct payment subsidies under the bill.

Here's a complete list of the direct payments Blue Dogs are projected to haul in over the next five years.

Once again, Blue Dogs are getting their way--and getting their money--while the majority of the Democratic caucus is stymied on their agenda.

Maybe with the farm economy booming, Democratic leaders could cut farm subsidies to the biggest, most prosperous operations to pay for the education benefits veterans deserve?


May 8, 2008

Farm Bill: Pelosi's Wish For More Reform
Can Bush Grant It?

The AP's Mary Clare Jalonick reported this afternoon that House Speaker Nancy Pelosi "a suppporter of the bill, said she wished it had gone further in limiting payments to wealthy farmers but praised increases for nutrition programs, including food stamps and emergency domestic food assistance, by more than $10 billion. The measure would also expand a program to provide fresh fruits and vegetables to schoolchildren."

Bush's insistence on more subsidy reform, the core of the public case he is making for a veto, could end up granting Pelosi her wish. But first the administration has to muster the votes to sustain his veto. The only real shot is in the House.

The question is, how will this veto dance between Bush and Pelosi unfold. (I'm putting Harry Reid aside because a veto override appears hardest in the House and highly unlikely in the Senate.)

Will Bush just veto the bill, throw up his hands, and make another half-hearted suggestion that the 2002 bill be extended for a year or two? Unlikely. Extension would infuriate his fiscally conservative base. They hate the current bill and would harshly criticize a sequel. Nor would a simple extension be the logical finale to the two years his administration spent in nationwide farm bill listening sessions, developing its own detailed farm bill proposal, and making nonstop appeals for subsidy reform that have earned almost universal praise for the president on editorial pages across the country. Why, after all that, would Bush hand the keys back to the subsidy lobby to drive farm policy for another two years?

And for all the big talk from the subsidy lobby, as recently as 18 months ago, that they would simply muscle a 2002 extension through congress, that option was, and remains, impossible with Democrats in control. A straight extension can't pass the House, and probably couldn't pass the Senate.

Which raises the question of what counter offer, if any, Bush might present over the next week as he reaches for his veto pen? And how and to whom he will present it?

So far the president's rejection of the bill has focused on inadequate income caps for subsidies, other excesses in the commodity title, the costly new "permanent disaster assistance" program, failure to convert a portion of foreign food aid to local purchases, and sundry other issues. Add to that list, of course, what the White House terms the "bloated" cost of the bill.

For the most part, however, the administration has not raised veto-level objections to any of the provisions that advocates for sustainable food and agriculture, conservation or social justice tend to like about the bill. That list includes the increase for food assistance to the poor that Pelosi and other bill supporters are hyper-ventilating about.

Here's one way to put that food assistance increase in perspective: at $10.3 billion over 10 years, it is equivalent to the direct payments that subsidized farmers will collect in just the next two years (at $5.1 to $5.2 billion per year) under the conference agreement. That's as good a measure as any of the lousy deal Pelosi and her staff cut last summer, when the subsidy lobby took her to the cleaners and most of the Democratic caucus with her.

But those numbers also suggests how relatively easy it would be for Bush to accommodate Pelosi on food assistance, conservation and other farm bill items that matter most to her and to the majority of her caucus. It would then fall to her to nudge the House position closer to Bush on commodity policy. Then it would be up to the Senate to accept the compromise, or pack for a trip back in time to 1949.

Of course, none of this will matter unless the president can demonstrate that he has one-third of the House behind his veto--comprised of most of his party and some Democrats. The fact that he has a decent shot has the House Democratic leadership and the subsidy lobby working alongside, overtime, to override his veto, and sundry other interest groups, some queasy progressives among them, tagging along--again.


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