September 2024
September is always a busy month on Capitol Hill when Congress returns from the annual August district work period. When lawmakers arrived back in Washington, hundreds of family farmers and ranchers were waiting for them with a message: It’s time to pass the farm bill.
NFU hosted the annual Fall Legislative Fly-In from September 9-11. Almost every year since 1909, we have gathered in the nation’s capital to lobby for a fairer, more equitable food and agricultural system. With the since-extended 2018 Farm Bill nearing its next expiration date, family farmers and ranchers showed up in full force to make their voices heard.
2024 NFU FALL LEGISLATIVE FLY-IN: A RECAP
Nearly 300 Farmers Union members from across the country descended on Washington to advocate for a 2024 Farm Bill and Fairness for Farmers. Throughout the week, members attended over 250 congressional meetings, met with leadership from key federal agencies, and visited with senior White House and Administration officials and staff.
The fly-in events started with a briefing from Agriculture Department officials at USDA’s Jefferson Auditorium. Secretary Vilsack spoke about the Biden-Harris Administration’s work to create new opportunities for family farmers and ranchers and building a strong, secure, and resilient food system. Secretary Vilsack has always made time to answer questions from Farmers Union members and he did so once again and spent nearly two hours with us.
Following the Secretary’s remarks, members heard from Under Secretary for Marketing and Regulatory Programs Jenny Lester Moffitt, Under Secretary for Farm Production and Conservation Robert Bonnie, and Farm Service Agency (FSA) Administrator Zach Ducheneaux. NFU President Larew and FSA Administrator Ducheneaux signed a memorandum of understanding (MOU) to address staffing levels and improve customer service at FSA county-level offices.
NFU and FSA will work together to gather feedback on the experiences of family farmers and ranchers when interacting with FSA staff and the programs they deliver. Farmers Union members have worked hard for years to bring this issue to the forefront. This MOU represents NFU’s and USDA’s shared commitment to collaborate on practical solutions so that FSA offices deliver efficient and effective programs for family farmers and ranchers.
In a briefing on Monday afternoon at the Kennedy Caucus Room in the Dirksen Senate Office Building, members heard from high-ranking officials from the Biden-Harris Administration and the Senate Agriculture Committee. Federal Trade Commission (FTC) Chair Lina Khan spoke to the group and discussed how the FTC is promoting and requiring competition in agriculture and the food system. Assistant Attorney General Jonathan Kanter highlighted how the Department of Justice (DOJ) is strengthening antitrust enforcement against corporate consolidation.
Environmental Protection Agency (EPA) Administrator Michael Regan offered remarks on how his agency is helping farmers and ranchers reduce greenhouse gas emissions, sequester carbon, and protect the environment. Ranking Member of the Senate Agriculture Committee John Boozman (R-AR) also offered his perspectives on the timing and process for authorization of a five-year farm bill before the end of the year.
On the Wednesday of Fly-in, 85 members attended a briefing at the White House for a discussion to learn about the progress being made on the Biden-Harris Administration’s policy accomplishments. and provide perspective on the issues facing family farmers and ranchers across the country.
But the main events of Fly-in are always when Farmers Union members converge on Capitol Hill to lobby Members of Congress and their staff for swift action on a farm bill. NFU’s 2024 Fly-In priorities include passing a strong farm bill that promotes competition, strengthens the farm safety net, and empowers farmers to address climate change and soil health.
Members also urged lawmakers to protect the Packers and Stockyards Act (P&S Act) rulemakings from undue interference, defend funding for DOJ antitrust enforcement, and guarantee the right to repair; support pathways and promotion of higher-level blends of ethanol and advanced biofuels; and freezing the Adverse Effect Wage Rate (AEWR) while pursuing broader agricultural workforce reforms.
Though Fly-In is officially over, our members left their mark throughout Washington spreading our message, gathering information, and creating new opportunities for NFU. In the weeks ahead, NFU’s Government Relations team will be following up with congressional offices and agency officials to build upon the important work Farmers Union members accomplished throughout the fly-in.
PACKERS AND STOCKYARDS ACT: “UNFAIR PRACTICES” RULE DEVELOPMENTS
Amidst the fly-in activities, NFU finalized and submitted comments to USDA on the “Fair and Competitive Livestock and Poultry Markets” proposed rule, also known as the “unfair practices” rule. This rule is the fourth in the series of rulemakings USDA has undertaken to strengthen enforcement of the P&S Act.
The rule proposes a framework for evaluating “unfair practices” claims under section 202(a) of the P&S Act, including a framework for evaluating harms to a market participant (or participants), and another framework for evaluating harms to markets.
NFU’s comments commended USDA for advancing the rule and asked the department to ensure the final rule delivers robust and durable protections for family livestock producers when they are injured by meatpackers, poultry integrators, or other regulated entities. NFU expressed strong support for the proposed rule but also outlined areas needing clarification, adjustment, and strengthening.
NFU’s comments asked USDA to make more explicit that unfair practice claims under the P&S Act should not require a farmer to demonstrate harm to competition to prove injury or likelihood of injury; recommended USDA clarify and strengthen provisions in the rule with respect to justifications based on countervailing benefits; requested outright prohibition of cross-market balancing; and expressed concern that the rule excludes a regulatory framework for section 202(b) of the P&S Act on undue preferences and advantages.
Additionally, the Federal Trade Commission (FTC) weighed in to support USDA’s rule, with a unanimous 5-0 vote from the commissioners in favor of submitting their comment, especially notable given the bipartisan composition of the FTC’s commissioners. USDA utilized standards in the FTC Act when constructing the proposed rule, and FTC’s comments bolster the rationale for finalizing the rule based on the proposed framework.
NFU will be monitoring closely as USDA undertakes the process of reviewing nearly 5,000 public comments received on this proposed rule. A fifth P&S Act rulemaking on price discovery and transparency in fed cattle markets is currently being written by USDA, but its timeline for being proposed remains uncertain.
In addition to public comments, NFU issued an action alert on the proposed rule, encouraging Farmers Union members to sign a petition in support of the proposed rule, while urging USDA to ensure family farmers and ranchers have strong protections from unfair practices by corporate monopolies in the livestock sector. Farmers Union members can expect more opportunities to make their voices heard on this issue in the weeks and months ahead.
FARM BILL STATUS – POST FLY-IN
The current farm bill, operating under last year’s extension, expires on September 30. It is certain a full reauthorization will not happen prior to the deadline, as Congress is set to leave town until after the November elections. However, the impacts of the farm bill expiration will not be felt until after the first of the year, which means lawmakers still have a window to pass a new farm bill before the 118th Congress ends.
There are indications the “Four Corners” – the Democratic and Republican leaders of the House and Senate Agriculture Committees – are poised to fire up negotiations on a farm bill that can pass both chambers by the end of the year.
A memo from House Agriculture Committee Ranking Member David Scott (R-GA), which was published in Agri-Pulse, highlighted the “small window of opportunity to broker a deal” for a compromise bill to pass during the upcoming lame-duck session (between the conclusion of the November elections and the next session of Congress). NFU is among the leaders of the campaign, “Farm Bill for America’s Families,” a broad coalition of farm bill stakeholder groups pushing for Congress to get the farm bill done this year.
However, there remain disagreements that need hashing out. A major point of contention is the CBO’s late summer score of the House farm bill, more specifically the savings from the restrictions on the Commodity Credit Corporation (CCC). CBO’s estimate on those savings is far below Chairman Glenn “GT” Thompson’s (R-PA) estimates. The future of the climate-smart agriculture funds from the Inflation Reduction Act also remains a sticking point, as well as restrictions on the Thrifty Food Plan (TFP) under the Supplemental Nutrition Assistance Program (SNAP).