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28–866—PDF 2005

S. HRG. 109–502

NOMINATIONS OF TONY FRATTO,

DAVID BOHIGIAN, DAVID SPOONER,

VINCENT VENTIMIGLIA, RICHARD CROWDER,

AND JEFFREY BROWN

HEARING

BEFORE THE

COMMITTEE ON FINANCE

UNITED STATES SENATE

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

ON THE

NOMINATIONS OF

TONY FRATTO, TO BE ASSISTANT SECRETARY OF THE TREASURY FOR

PUBLIC AFFAIRS; DAVID BOHIGIAN, TO BE ASSISTANT SECRETARY OF

COMMERCE, MARKET ACCESS AND COMPLIANCE; DAVID SPOONER, TO

BE ASSISTANT SECRETARY OF COMMERCE FOR IMPORT ADMINISTRATION; VINCENT VENTIMIGLIA, JR., TO BE ASSISTANT SECRETARY OF

HEALTH AND HUMAN SERVICES FOR LEGISLATION; DR. RICHARD

CROWDER, TO BE CHIEF AGRICULTURAL NEGOTIATOR, OFFICE OF

THE U.S. TRADE REPRESENTATIVE; AND JEFFREY BROWN, TO BE A

MEMBER OF THE SOCIAL SECURITY ADVISORY BOARD, SOCIAL SECURITY ADMINISTRATION

DECEMBER 14, 2005

(

Printed for the use of the Committee on Finance

COMMITTEE ON FINANCE

CHARLES E. GRASSLEY, Iowa, Chairman

ORRIN G. HATCH, Utah

TRENT LOTT, Mississippi

OLYMPIA J. SNOWE, Maine

JON KYL, Arizona

CRAIG THOMAS, Wyoming

RICK SANTORUM, Pennsylvania

BILL FRIST, Tennessee

GORDON SMITH, Oregon

JIM BUNNING, Kentucky

MIKE CRAPO, Idaho

MAX BAUCUS, Montana

JOHN D. ROCKEFELLER IV, West Virginia

KENT CONRAD, North Dakota

JAMES M. JEFFORDS (I), Vermont

JEFF BINGAMAN, New Mexico

JOHN F. KERRY, Massachusetts

BLANCHE L. LINCOLN, Arkansas

RON WYDEN, Oregon

CHARLES E. SCHUMER, New York

KOLAN DAVIS, Staff Director and Chief Counsel

RUSSELL SULLIVAN, Democratic Staff Director

(II)

(III)

C O N T E N T S

OPENING STATEMENTS

Page

Grassley, Hon. Charles E., a U.S. Senator from Iowa, chairman, Committee

on Finance ............................................................................................................ 2

Baucus, Hon. Max, a U.S. Senator from Montana ................................................ 4

Santorum, Hon. Rick, a U.S. Senator from Pennsylvania ................................... 1

ADMINISTRATION NOMINEES

Fratto, Salvatore Antonio, nominated to be Assistant Secretary of the Treasury for Public Affairs, U.S. Department of the Treasury, Washington, DC ... 7

Bohigian, David Steele, nominated to be Assistant Secretary of Commerce,

Market Access and Compliance, U.S. Department of Commerce, Washington, DC ............................................................................................................. 11

Spooner, David M., nominated to be Assistant Secretary of Commerce for

Import Administration, U.S. Department of Commerce, Washington, DC ..... 12

Ventimiglia, Vincent J., Jr., nominated to be Assistant Secretary of Health

and Human Services for Legislation, U.S. Department of Health and

Human Services, Washington, DC ...................................................................... 14

Crowder, Dr. Richard T., nominated to be Chief Agricultural Negotiator,

Office of the U.S. Trade Representative, Washington, DC ............................... 14

Brown, Dr. Jeffrey Robert, nominated to be a member of the Social Security

Advisory Board, Social Security Administration, Baltimore, MD .................... 15

CONGRESSIONAL WITNESS

Gregg, Hon. Judd, a U.S. Senator from New Hampshire .................................... 3

ALPHABETICAL LISTING AND APPENDIX MATERIAL

Baucus, Hon. Max:

Opening statement ........................................................................................... 4

Bohigian, David Steele:

Testimony .......................................................................................................... 11

Prepared statement .......................................................................................... 21

Biographical information ................................................................................. 24

Responses to questions from committee members ......................................... 34

Brown, Dr. Jeffrey Robert:

Testimony .......................................................................................................... 15

Prepared statement .......................................................................................... 38

Biographical information ................................................................................. 42

Responses to questions from committee members ......................................... 54

Crowder, Dr. Richard T.:

Testimony .......................................................................................................... 14

Prepared statement .......................................................................................... 58

Biographical information ................................................................................. 60

Responses to questions from committee members ......................................... 68

Fratto, Salvatore Antonio:

Testimony .......................................................................................................... 7

Prepared statement .......................................................................................... 74

Biographical information ................................................................................. 76

Responses to questions from committee members ......................................... 85

Grassley, Hon. Charles E.:

Opening statement ........................................................................................... 2

Page

IV

Gregg, Hon. Judd:

Testimony .......................................................................................................... 3

Santorum, Hon. Rick:

Opening statement ........................................................................................... 1

Prepared statement .......................................................................................... 87

Spooner, David M.:

Testimony .......................................................................................................... 12

Prepared statement .......................................................................................... 89

Biographical information ................................................................................. 91

Responses to questions from committee members ......................................... 99

Ventimiglia, Vincent J., Jr.:

Testimony .......................................................................................................... 14

Prepared statement .......................................................................................... 104

Biographical information ................................................................................. 107

Responses to questions from committee members ......................................... 113

COMMUNICATION

American Apparel and Footwear Association ........................................................ 125

(1)

NOMINATIONS OF TONY FRATTO,

DAVID BOHIGIAN, DAVID SPOONER,

VINCENT VENTIMIGLIA, RICHARD CROWDER,

AND JEFFREY BROWN

WEDNESDAY, DECEMBER 14, 2005

U.S. SENATE,

COMMITTEE ON FINANCE,

Washington, DC.

The hearing was convened, pursuant to notice, at 11:08 a.m., in

room SD–215, Dirksen Senate Office Building, Hon. Charles E.

Grassley (chairman of the committee) presiding.

Also present: Senators Thomas, Santorum, Baucus, Rockefeller,

and Schumer.

The CHAIRMAN. We will start the hearing right away as a courtesy to any members that have to run quickly, including Senator

Baucus. I will reserve my opening statement, and I will call on

Senator Santorum.

OPENING STATEMENT OF HON. RICK SANTORUM,

A U.S. SENATOR FROM PENNSYLVANIA

Senator SANTORUM. I thank you, Mr. Chairman, very much.

I am here to introduce a good friend of mine, someone whom I

have known for the better part of 15 years, who is from Pittsburgh,

who worked on my first campaign when I ran for Congress back

in 1990, and has worked for me in the U.S. Senate. He worked for

Governor Ridge after leaving me back in 1998.

After President Bush won the election in 2000, he came down

here and has done outstanding work for a couple of secretaries of

the Treasury Department, and now is here to be nominated, or

hopefully confirmed, I should say, to be Assistant Secretary of the

Treasury for Public Affairs.

I have known Tony Fratto for many years. Tony is an outstanding individual, and I do not know anyone who has worked

harder than he, and done a more outstanding job than he has. He

is a great young man. He has a great family. Judy and the two

kids are here, and they have been good family friends for many

years.

So, I am honored to be here. This is the first person who ever

worked for me that has ever been up for confirmation before the

U.S. Senate, so this is a big moment for me. Usually it has been

a poison pill if someone works in my office. [Laughter.] Hopefully

the fact I mentioned that will not cause you any problems down the

road in the next few days. [Laughter.]

2

So, Mr. Chairman, thank you very much for that. I have a formal

statement that I will submit for the record. Thank you.

[The prepared statement of Senator Santorum appears in the appendix.]

The CHAIRMAN. Thank you.

OPENING STATEMENT OF HON. CHARLES E. GRASSLEY, A U.S.

SENATOR FROM IOWA, CHAIRMAN, COMMITTEE ON FINANCE

The CHAIRMAN. All of our nominees today are people who have

long, distinguished careers that make them well-qualified for the

positions for which they are nominated. I am assured that all of

them are eager to get started in their new roles.

First, I am pleased to welcome Tony Fratto, the President’s

nominee to be Assistant Secretary of Treasury for Public Affairs.

Mr. Fratto’s experience with communications in government and

the private sector will be a great asset in his role as Treasury’s liaison to the general public.

Then David Steele Bohigian, Presidential nominee to be Assistant Secretary of Commerce for Market Access and Compliance at

the Commerce Department. In that position, Mr. Bohigian will

make it his priority to obtain market access for U.S. firms and

workers and achieve full compliance of trade agreements.

Unfair barriers to trade must be removed expeditiously. This is

the core of this market access and compliance job that he is appointed to. In that position, I have had strong relationships with

people there because of the jurisdiction of this committee, and I

look forward to working with him.

Then we have David Spooner, the President’s nominee for Assistant Secretary of Commerce for Import Administration. This division serves an important role in trade policy by enforcing our trade

laws so that U.S. companies and workers are able to compete on

a level playing field.

These laws are especially critical for many U.S. industries that

face unfair competition. We must make it our priority to enforce

our trade remedy laws, and also to do it in a transparent and impartial manner.

Vincent Ventimiglia has been nominated for the position of Assistant Secretary for Legislation at the Department of Health and

Human Services. He has had a distinguished career in legislative

development and advocacy, both in the public and private sectors.

This office acts as a liaison between Congress and the executive

branch and requires effective and responsive leadership.

Since he has served in several positions in the U.S. Senate, he

understands the unique needs of Congress, and I am confident that

he also is the right person for the job.

Then we welcome Richard Crowder, the President’s nominee to

be Chief Agricultural Negotiator with the rank of Ambassador. A

strong Chief Agricultural Negotiator, of course, is critical to the

success of our trade negotiations. I have had an opportunity to

meet with Dr. Crowder and am confident that he will put the interests of U.S. agriculture at the front of trade negotiations, and it

ought to be there. It is very basic to what is going on right this

very minute in Hong Kong.

3

I am pleased to welcome Jeffrey Brown as the President’s nominee to be a Member of the Advisory Board of Social Security. As

a member of that board, Dr. Brown will work on a bipartisan basis

to advise Congress on matters related to Social Security.

Senator Baucus?

Senator BAUCUS. Thank you, Mr. Chairman.

I see the distinguished Chairman of the Budget Committee, Senator Gregg, is here. As not to detain him from his efforts, I wonder

if it might be appropriate, I suspect he has someone to introduce.

I would be glad to accommodate him.

STATEMENT OF HON. JUDD GREGG,

A U.S. SENATOR FROM NEW HAMPSHIRE

Senator GREGG. That is very kind of you, Senator. I appreciate

that. We do have the reconciliation meeting with the conferees. I

thank you for your courtesy in allowing me to testify here today

about Vincent Ventimiglia.

He is one of those exceptional people who makes us all look good.

We all have these folks who work extraordinary hours, who put in

an excessive amount of time on our behalf, those on our staff, who

are more knowledgeable on subjects than we are, and who are

more capable of developing policy than we are in most instances.

As a result of their good works, their extraordinary works, we in

the Congress produce extraordinary products on occasion. This is

really the epitome of that type of a staff member.

He was my Policy Director when I was Chairman of the Health

Committee, and he has been my Health Policy Director on Budget.

He is essentially the force behind some very extraordinary and successful legislation which we have already passed, which many of us

have taken credit for, but which he actually probably wrote the

vast majority of.

He did write the vast majority of it. These include the Drug Administration Organization Act, the Bio-Shield Act, the Bio-Terrorism Act, patent safety legislation, and for those of us who liked

it, budget resolution this year.

He is a guy who absolutely deals extraordinarily well across the

aisle. He will be, in my opinion, the perfect person for HHS in the

role of liaison because he understands the regulatory process, and,

more importantly, he understands the importance of being bipartisan and working with both sides of the aisle. He is an incredibly

talented individual, and we are very lucky to have him in public

service.

To be honest with you, I do not know how we have kept him in

public service. I know he has received innumerable opportunities to

go to the private sector, which would be much more lucrative, with

probably less hours in the day.

He also has an exceptional family, and they are all here today.

I know he will introduce them. I know he commits an immense

amount of time, especially to his son’s soccer team, and various

other activities. Therefore, it is a pleasure today to praise him, but

more importantly to come here on his behalf and ask you to support his nomination.

I thank you for the courtesy of allowing me to speak.

4

The CHAIRMAN. Thank you, Senator Gregg.

Now, Senator Baucus?

OPENING STATEMENT OF HON. MAX BAUCUS,

A U.S. SENATOR FROM MONTANA

Senator BAUCUS. Thank you, Mr. Chairman.

I will not list the nominees, as you have already done so. I might

say, though, that these nominees to the trade positions come at a

pivotal time for our country’s great policy.

As you mentioned, Mr. Chairman, right now negotiators from the

U.S. and 148 other members of the WTO are gathered in Hong

Kong to try to make progress on the Doha Round. We all know the

prospects do not look good. The parties remain far apart, especially

on agriculture. They will do better, do well, but at this point in the

process it is not all that encouraging.

Dr. Crowder, you have your work cut out for you. It is not only

because of the difficulty of getting the European Union and Canada

in the debate because of agricultural tariffs. That is not the only

reason. The American agricultural community was once the bulwark in favor of going to trade liberalization. Now that seems to

be cooling. Many farmers and ranchers feel that previous trade

agreements have failed to live up to their promises.

Meanwhile, America’s decades-old agricultural trade surplus is

disappearing. The administration has asked Congress to make deep

cuts, $3 billion worth, to the current agricultural program. That is

not exactly an encouraging performance.

We have to work hard if we want farmers and ranchers to continue their support for free trade. We must negotiate good agreements, and we must aggressively enforce the agreements that we

already have.

We must also ensure that overall farm support means a level

that will allow farming and ranching families in my State of Montana and across the country to maintain their way of life. We must

continue to produce the safe and durable food supply upon which

it all hinges.

That advice is, of course, broader than your responsibilities, Dr.

Crowder, if you do become Chief Agricultural Negotiator. But I believe that the Chief Agricultural Negotiator needs to understand

these dynamics to do his job.

Mr. Bohigian, you have been nominated to be the Commerce Department’s point person on trade enforcement. Mr. Spooner, you

would have responsibility for administering American trade laws to

help American companies trade.

Both of you will be instrumental in maintaining continued support for trade. We all know support is on the decline in this country

and in this Congress. As with agriculture, support for trade generally will depend upon enforcing the agreements that we already

have. We are not doing a good job there. Support for trade will depend on making sure that our trading partners, in fact, do play by

the rules.

Jeffrey Brown has been nominated to fill a slot that is designated

for a public member of the Social Security Advisory Board. The Social Security Advisory Board is an independent board. Democratic

and Republican members work together to produce reports and recVerDate 11-MAY-2000 16:18 Aug 03, 2006 Jkt 095484 PO 00000 Frm 00008 Fmt 6633 Sfmt 6633 28866.000 SFIN1 PsN: SFIN1
5

ommendations relied on by the President, the Social Security Administration, and the Congress.

Members of the board are chosen to serve on the Advisory Board

based on their expertise in the field of Social Security. In fact, the

authorizing statute requires members of the board to be chosen

based on their education, on their experience.

Jeffrey Brown meets this high standard. He is Professor of Finance at the University of Illinois and a former Senior Economist

at the White House Council of Economic Advisors. He is a widely

published scholar in the field of Social Security privatization. His

work includes articles, academic journals, and op-eds in major

newspapers advocating we privatize the Social Security system.

I do not agree at all with the privatization policies that he supports, but I have tremendous respect for his intellect and his experience. He has the ability to be a valuable member of the board.

I am, however, troubled that Mr. Brown is not accompanied by

a Democratic nominee today. The Democratic slot remains open on

the board. In order to maintain balance on the board, the Democratic position needs to be filled along with the Republican slot so

that the President can have a balanced Advisory Board.

To nominate an individual to fill the Democratic slot on the Social Security Advisory Board, the White House must consult with

Democrats in Congress. There are many highly qualified individuals ready to serve on the board in that open Democratic slot. I

look forward to working with the White House and with the Senate

Democratic Leader to fill that position as soon as possible.

The White House should also consult with Congress on Medicare,

Medicaid, and other Department of Health and Human Services

programs. With a budget of more than $600 billion, HHS needs a

strong working relationship with the Congress.

Congress holds the purse strings to that $600 billion. Relations

between Congress and HHS largely fall to the HHS Office of Legislation, headed by the Assistant Secretary for Legislative Affairs.

Mr. Ventimiglia, you have spent several years on the Senate

staff, so you do know how important it is that Congress have access

to timely and accurate information from the agencies it oversees.

You also know that I have been periodically displeased with the

level of transparency that HHS has exhibited to Congress. HHS

withheld cost estimates during the 2003 Medicare debate; sizeable

cost estimates were withheld.

HHS approved far-reaching Medicaid waivers and stopped public

input. HHS has sometimes not held up its end of the transparency

bargain, and I am especially concerned about the waivers.

HHS has not been forthcoming, and that is going to be a huge

problem if that is continued. This transparency is critical if we are

to correctly administer these important, expensive programs.

Earlier this year, I urged HHS to vigorously review insurance

companies offering Medicare Part D, the new drug benefit. I urged

HHS to approve only those plans meeting the high standards, and

not too many plans, knowing the confusion that would arise if too

many plans were approved.

HHS did not heed that input. Instead, HHS approved 47 plans

in my State alone. In some States, the number is twice that. As a

6

result, many seniors are confused, to say the least, on the new Part

D benefit.

Mr. Ventimiglia, Congress and the administration will have to

work together to fix this confusion. Cooperation by your office will

be critical to that end.

Finally, the President has nominated Tony Fratto to be head of

Public Affairs at the Treasury Department. If confirmed, it will be

Mr. Fratto’s job to communicate the mission of the Treasury Department and serve as liaison to the press.

It is not appropriate, however, for Treasury, through its Public

Affairs Office, to engage in politicking. It is not a campaign. The

Public Affairs Office is a public service office for the public good.

In recent years, the Treasury Department has put out statements on the effect of the Democratic tax policies. It has cherry

picked. It has picked atypical families. It has not been objective, it

has not been fair. It is hurting the Department’s credibility.

This type of messaging crosses the line between outreach and

politics. I hope to hear from Mr. Fratto today that the Treasury Department will be more conscious in the future regarding that line,

and will know how to distinguish between communicating the policy mission of the Department and political press releases.

I look forward to hearing from all of you.

The CHAIRMAN. Since some of our nominees deal with the issue

of trade, I would like to make an observation about what is going

on in Hong Kong right now. I am very disappointed that talks seem

to be focusing on side issues such as the U.S. cotton program, dutyfree/quota-free proposals and aid packages.

None of these proposals will lead to long-term development,

which is what the Doha Round fundamentally is all about. We need

to see vision and ambition in this round and not the side shows

that seem to be playing out.

The United States is a country of vision. We are prepared to deal

with a comprehensive agreement with all these issues and more.

This is a lot more than I can say about some of our trading partners that do not seem interested in market liberalization, instead

insisting on perpetuating side shows, drawing unconditional and

unrealistic lines in the sand and simply sitting out of negotiations

altogether.

So it is time for our trading partners to get serious, step up to

the plate, and show some leadership, otherwise the Doha Round is

going to remain stalled.

I am going to ask each of the nominees, before you make a statement, starting with Mr. Fratto, to introduce any family members

or friends that you have here with you.

Mr. FRATTO. Thank you, Chairman Grassley. I do have my wife,

Judy, with me here today, and my son and daughter, Antonio and

Juliette.

The CHAIRMAN. Thank you. Welcome.

Now, Mr. Bohigian?

Mr. BOHIGIAN. My wife Katherine is here, my daughter Kate,

and my son Charlie is roaming the halls. He has a little bit of a

cold.

Senator BAUCUS. Would you just stand up, please? This is a big

moment.

7

The CHAIRMAN. Yes.

Senator BAUCUS. Let us have everybody stand. Stay standing so

everybody gets to see you and give recognition and thanks for all

that you have done, and certainly will be doing in these new jobs.

The CHAIRMAN. Mr. Spooner?

Mr. SPOONER. Thank you, Mr. Chairman. I have my wife, Nancy,

and my son, Nicholas, here. I think they, too, are roaming the

halls.

Senator BAUCUS. All right.

Mr. SPOONER. And my mom and sister Christine, and my daughter, Emma.

Senator BAUCUS. Well, Mrs. Spooner, everybody stand. That is

wonderful. Thank you.

The CHAIRMAN. Now, Mr. Ventimiglia?

Mr. VENTIMIGLIA. I have my mother here, Sandra Prothero, her

brother, my uncle, Prothero, my mother-in-law, Dr. Beatriz Nava,

and my wife, Christine, with our five children: Marisa, Seth, Liana,

Dominic, and Jonas.

The CHAIRMAN. Thank you all very much.

Dr. Crowder?

Dr. CROWDER. Mr. Chairman, I have none. But in my opening

statement, I want to acknowledge the support of my wife, who

could not be here today.

The CHAIRMAN. You already thought of that.

Dr. Brown?

Dr. BROWN. Yes. I am pleased to introduce my wife, Lisa Brown,

and two of our children are here today, my daughters Madeline and

Sophie. I am also accompanied today by my parents, Melvin and

Ann Brown.

The CHAIRMAN. Thank you.

Now, in the order in which you were introduced, we would welcome a short statement from each of you.

So, Mr. Fratto?

STATEMENT OF SALVATORE ANTONIO FRATTO, NOMINATED

TO BE ASSISTANT SECRETARY OF THE TREASURY FOR PUBLIC AFFAIRS, U.S. DEPARTMENT OF THE TREASURY, WASHINGTON, DC

Mr. FRATTO. Thank you, Chairman Grassley. I will keep my comments brief and would ask that my written, prepared remarks be

entered into the record.

I just want to thank you, first of all, for holding this hearing. It

is an exceptionally busy time. I know how busy it is for everyone,

and I appreciate you holding it. I am honored to be nominated for

this position by President Bush.

I want to say that the Treasury’s Office of Public Affairs plays

a crucial role in——

Senator BAUCUS. Mr. Chairman?

Mr. FRATTO. I am sorry.

Senator BAUCUS. I am just wondering, on a housekeeping matter

here. I understand the votes are going to start. How do you want

to work that?

The CHAIRMAN. All right.

8

Senator BAUCUS. We can continue. How many votes are there

going to be?

The CHAIRMAN. There are three at 11:45. All right. So one of us

can go vote early.

Senator BAUCUS. All right. I have to be gone from here soon. If

I could go ahead and ask my questions.

The CHAIRMAN. Well, then ask your questions.

Senator SCHUMER. Mr. Chairman, I just had one question.

Senator BAUCUS. Mine will not take long either.

The CHAIRMAN. All right.

Senator BAUCUS. Thank you very much.

The CHAIRMAN. Then we will finish with the rest of it.

Senator BAUCUS. All right. And I apologize to everybody.

First, I would like to ask Mr. Ventimiglia, I have heard about

dollars to help people, seniors, with this Part D drug benefit. The

Congress appropriated $1 billion. Three hundred million has been

spent by HHS and CMS to advertise the new drug benefit, an extended National Call Center, but it gave only $30 million to the

State Health Insurance Assistance programs. After all, people in

all States need your help. I am just asking why only that amount

has been applied, and not more, to seniors who need help.

Mr. VENTIMIGLIA. Sir, you have more information about the exact

numbers than I do. I am very happy to continue the discussion

with you as I get more information. It is very important, as you understand and are implying, to get information out to seniors and

that we have a variety of mechanisms so that folks can interface

to get more information about the program, whether it is through

websites, whether it is through regional call numbers, or whether,

frankly, it is through the pharmacists using electronic means to

connect them to the benefits they deserve.

Senator BAUCUS. I think there are too many plans. I encourage

you strongly to figure out a way to winnow out the most useless

and less important plans. There are just too many. There are too

many choices. When people are faced with too many choices, what

happens? They do not choose.

Mr. VENTIMIGLIA. Perhaps I should have introduced my mother

and mother-in-law as Medicare beneficiaries. I have been working

with them on getting access to their Part D choices, so I have some

sympathy with you in that regard.

I do not think the administration and the Secretary consider that

a wide range of choices would be too much. We do hope and envision that seniors, beneficiaries, would have access to a plan that

suits them. More choice, in many respects, helps them get the

perfect——

Senator BAUCUS. Sir, I disagree. I do not agree with the Secretary. There are too many choices. There are too many choices.

What does that do? First of all, it confuses people. People do not

know if they are getting the right plan.

Second, it is more expensive than DP because all these different

plans have to be administered. It is just way too many plans. I

strongly encourage the administration to try to figure out a way,

as I said, to winnow out the less efficient so we have a more efficient Part D benefit.

9

I am one of the few members on this side of the aisle who supported the Part D benefit. There are not very many here in Congress who did, as you well know, on the Democratic side. I want

to see it work. I want to see it work well. I very much disapprove

of the politics of both sides of playing with this issue.

One party says, oh, this is ours. The others say, no, it is not

going to work. We are all going to have to work. This is an American plan. We have to work very hard to make sure that it works.

If it means taking on some party dogma, whatever it takes, we

have to do it. Your goal, our goal, is to make sure this thing works.

Do not forget, back on the implementation of the $300 million

thus far for the State Health Insurance Assistance programs, I

hope you will take the message back that that is one way to help.

If it is not appropriate, you have to let us know. There is not much

time left in these next 2 or 3 days. Whatever it takes, let us get

it done.

Mr. VENTIMIGLIA. I appreciate that, Senator.

Senator BAUCUS. All right. Thank you very much.

One more very quick question, if you do not mind, Mr. Chairman.

The CHAIRMAN. All right.

Senator BAUCUS. On trade, I understand the U.S. has now concluded an FTA with Peru. We are trying to use the trade agreement with Peru to encourage other Andean countries to conclude

their own FTAs. I think that is good that they are working to negotiate outside of the WTO, not just within WTO.

I wonder the degree to which the administration will use the

Peru FTA as a model for the future, especially with respect to other

sugar-exporting countries. As you know, Dr. Crowder, sugar is especially sensitive. I wonder the degree to which Peru is going to be

a model with respect to sugar.

Dr. CROWDER. Senator, thank you. I have not read the Peru

agreement that was just completed, but I understand the sensitivity of sugar. In all of the agreements, if I am confirmed, we will

consult with Congress and industry in relation to sugar in FTAs.

To date, it is my understanding that it is being handled on a caseby-case basis. But to the extent that Peru is a model that works,

we will try to——

Senator BAUCUS. I do not think it will be difficult, but it is very

sensitive. If we are going to get subsequent FTAs, that is an issue

that has to be worked out.

Dr. CROWDER. I understand the sensitivity.

Senator BAUCUS. Thank you, Mr. Chairman.

The CHAIRMAN. Senator Schumer?

Senator SCHUMER. Thank you. Thank you, Mr. Chairman. I very

much appreciate your courtesy.

I want to thank all the witnesses for being here.

I just have one question for Mr. Ventimiglia. It relates to my

State of New York, where we are having a serious problem with

Part D.

As you know, there are three major interactive pieces of health

care coverage for most seniors: Medicare, Medicaid, and health care

you can get from your employer once you retire.

10

Some people are now eligible for not just one, but actually for all

three. This program is doing a bad job, at least from New York’s

point of view, in coordinating the three pieces.

To keep your Medicaid coverage, you have to enroll and get the

Part D drug benefit, but to keep your retiree health coverage, you

cannot be enrolled in this plan. So what do you do if you have both

Medicaid coverage and retiree coverage, which some people do, in

New York?

Unfortunately, the administration will not let seniors make the

choice for themselves; it automatically enrolls seniors on Medicaid

into one of the new drug plans, which means they could lose their

retiree plan.

There are many instances where the retiree plan is better than

the plan they are being enrolled into, and probably would save the

Federal Government money because employers pick up the tab for

drugs instead of Medicare. Yet, if they disenroll from the drug

plan, in the Part D plan, they get kicked off Medicaid.

In order to get back on Medicaid, they have to go to the Medicaid

office, they need special documentation from their former employer,

they have to re-enroll in the program. That is fine for somebody

who is just 66, newly retired, and full of vim and vigor. But what

about people with Alzheimer’s and limited mobility?

How can these people deal with all these interactions and reapplications? Sometimes the employer is gone or has been bought

out by somebody else, and they have to try to communicate. It is

becoming a real problem.

Let me give you one example. In Cattaraugus County, which is

in the Southern Tier, about 100 miles north of Pittsburgh, 80 miles

southeast of Buffalo, there are 124 nursing home residents who

have all three pieces of coverage, and they are going to lose big

from this jumble of demands and deadlines. There is huge anxiety

up there, and nobody knows what to do.

So I would just like to ask you, and I know you are new to this,

what plans would you have to make sure people like this are not

faced with an untenable position?

What will the administration do to make sure that these seniors

who do not actively disenroll from Medicare in the next few weeks

will not lose their employer retiree plans? Because the deadline is

fast approaching, and you can see the urgency of my question. That

is why I am asking you now.

And what will HHS do to make sure that these seniors who do

figure out how to disenroll from Medicare can still have uninterrupted Medicaid coverage without requiring them to present a

whole bunch of papers to the Medicaid office, which might be 100

miles away? That is a rural area in Cattaraugus County. But we

have had this in a few other places.

Can you comment on this? Give me your initial reaction.

Mr. VENTIMIGLIA. I guess, initially, I would like to extend an

offer to help you work through the complexities of the situation. In

the limited time I have been over there, it has struck me that

many of these things are driven not just by Federal law, but State

law.

Senator SCHUMER. It is the interaction of the two.

Mr. VENTIMIGLIA. It is the interaction that makes it so complex.

11

Before I answer, I would like to get more information on the

Medicaid complexity, and look at retirement benefits.

Senator SCHUMER. But you would admit, at the moment, that it

looks like an unfair situation, at least if what I have described to

you is true?

Mr. VENTIMIGLIA. This is very complex. It seems to run against

the intent of Congress and the administration. These folks have access to the best——

Senator SCHUMER. But I have your commitment to try and work

on this, even before our January 1 deadline?

Mr. VENTIMIGLIA. Absolutely.

Senator SCHUMER. Thank you.

Thank you, Mr. Chairman. I very much appreciate it.

The CHAIRMAN. Mr. Bohigian, your opening statement? Or, no.

Mr. Fratto, we did not let you finish.

Mr. FRATTO. That is all right. Respecting the committee’s time,

Mr. Chairman, I would ask that my statement be entered into the

record, and I will look forward to your questions.

The CHAIRMAN. And all of your statements, even longer statements, will be entered into the record.

[The prepared statement of Mr. Fratto appears in the appendix.]

The CHAIRMAN. Mr. Bohigian?

STATEMENT OF DAVID STEELE BOHIGIAN, NOMINATED TO BE

ASSISTANT SECRETARY OF COMMERCE, MARKET ACCESS

AND COMPLIANCE, U.S. DEPARTMENT OF COMMERCE,

WASHINGTON, DC

Mr. BOHIGIAN. Mr. Chairman and distinguished members of the

committee, thank you very much for the opportunity to appear before you today.

I wanted to recognize my fellow nominees here on the panel. If

confirmed, I particularly look forward to working with David

Spooner at the Department of Commerce to vigorously enforce our

trade agreements and ensure that our partners are playing by the

rules.

It has been my privilege to serve the President and the American

people in the Office of Policy and Planning at the U.S. Department

of Commerce for the past 3 years.

I am extraordinarily honored to be President Bush’s nominee to

serve as the Assistant Secretary for Market Access and Compliance. I am most grateful to Secretary Gutierrez and Deputy Secretary Samson for their support.

Mr. Chairman, as a Commerce official and as a businessman, I

have helped U.S. companies navigate the international marketplace. I have seen firsthand marvels of American productivity and

the opportunities that we have in working with the 95 percent of

the world’s population that does not have the blessing of living in

this great Nation.

The United States enjoys the most successful, competitive, diverse, and innovative economy in the world. The United States

maintains the most open major economy in the world.

These are not unrelated, and the record is clear. The United

States remains a beacon of freedom and prosperity because it reVerDate 11-MAY-2000 16:18 Aug 03, 2006 Jkt 095484 PO 00000 Frm 00015 Fmt 6633 Sfmt 6633 28866.000 SFIN1 PsN: SFIN1
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mains committed to working with people and products from around

the world.

According to a recent study, the U.S. annual income was approxi- mately $1 trillion higher, or $9,000 per household, because of trade.

In factories and on farms, through ports and the Internet, America

is competing and winning in the global marketplace. Opening new

markets and promoting free and fair trade will allow our workers

to prosper in the years ahead.

Total elimination of global barriers to trade, goods and services

will ultimately increase annual income for the average U.S. family

of four by an estimated $7,800.

If confirmed, I will work tirelessly to obtain market access for

American firms and workers and to achieve full compliance by foreign nations for trade agreements that they sign with our country.

The extraordinary group of Market Access Compliance Officers

will continue to work with Congress and other U.S. government

agencies to help U.S. businesses overcome barriers to trade and investment.

Traditionally, tariffs were the key impediment to trade. The

United States has led the way in lowering these barriers and

today, for most products, tariffs are not as significant as they once

were. While continuing to lower tariffs, other important barriers

must be addressed in the years ahead.

Intellectual property must be respected and protected, not unfairly reproduced or pirated. Standards must harmonize with the

needs of consumers and firms rather than promote protectionism.

Health and safety regulations must be based on rational analysis

rather than fear of competition. Business decisions must rely on

rule of law, not capriciousness. Finally, we must ensure that trade

improves the lives of people who produce.

Today, I reaffirm the words of Cordell Hull, a former Senator

who later became Franklin Roosevelt’s Secretary of State, who

said, ‘‘I have never faltered, and I will never falter, in my belief

that enduring peace and the welfare of nations are indissolubly

connected with friendships, fairness, equality and the maximum

practicable degree of freedom in international trade.’’

Thank you for your time. I would be happy to answer any questions the committee may have.

The CHAIRMAN. Thank you, Mr. Bohigian.

[The prepared statement of Mr. Bohigian appears in the appendix.]

The CHAIRMAN. Now, Mr. Spooner?

STATEMENT OF DAVID M. SPOONER, NOMINATED TO BE ASSISTANT SECRETARY OF COMMERCE FOR IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, WASHINGTON,

DC

Mr. SPOONER. Thank you, Mr. Chairman.

I probably should have noted, by the way, when I was introducing my family, that my extended family out in Ohio is watching

the webcast.

I am equally honored that President Bush and Secretary Gutierrez have asked me to serve as Assistant Secretary of Commerce for

Import Administration.

13

My tenure as a textile negotiator in the Office of the U.S. Trade

Representative has imbued me with a deep sense of both the importance of trade to the continued health of our economy, and of

the importance of enforcing our trade laws and agreements to level

the playing field for American workers.

I have a deep respect for Congress’ constitutional authority to

regulate trade. The executive branch has a responsibility to consult

regularly with Congress to help ensure that we wield trade negotiating authority in a manner consistent with Congress’ guidance.

As a former Hill staffer, I appreciate the important role that

Congress plays in negotiations and enforcement. As an appointee

who has spent 4 years serving as the administration’s liaison to an

import-sensitive industry, I know full well that Congress expects

the administration to faithfully apply our unfair trade laws.

Indeed, if confirmed, I will make enforcement of our existing

dumping and countervailing duty orders in enforcement of our

trade agreements a top priority. I have absolutely no tolerance for

fraud and circumvention. I have not tolerated such malfeasance in

my current job, where I have negotiated tough Customs enforcement provisions in our free trade agreements, and I would not tolerate malfeasance while at the Import Administration.

Fraud and circumvention are simply wrong, and continued support for trade, as Senator Baucus mentioned, frankly, depends

upon adequate vigilance in enforcing our dumping and CVD orders,

as well as our textile quotas.

American workers can compete with anyone in the world if the

playing field is level. It is up to the administration to level the

playing field through trade negotiations, the application of our unfair trade laws, and adequate enforcement of our orders once we

act.

If confirmed, and throughout my tenure, I will bear in mind that

the work of the Import Administration is not simply the rote application of the law.

Every day, the Import Administration makes decisions that impact real people and real companies. Many of the companies impacted by unfair trade are small, family-owned operations that are

struggling to get by. We have a moral, as well as a legal, imperative to defend these companies against unfair pricing and foreign

subsidies.

This administration seeks to help American companies maintain

their competitive edge in the global marketplace. An important

part of this effort is the utilization and enforcement of our unfair

trade laws.

Thank you for your time, Mr. Chairman. I would be happy to answer any questions.

The CHAIRMAN. Thank you, Mr. Spooner.

[The prepared statement of Mr. Spooner appears in the appendix.]

The CHAIRMAN. Now, Mr. Ventimiglia?

14

STATEMENT OF VINCENT J. VENTIMIGLIA, JR., NOMINATED

TO BE ASSISTANT SECRETARY OF HEALTH AND HUMAN

SERVICES FOR LEGISLATION, U.S. DEPARTMENT OF HEALTH

AND HUMAN SERVICES, WASHINGTON, DC

Mr. VENTIMIGLIA. Thank you, Mr. Chairman. I am very humbled

by this nomination and am grateful to President Bush and Secretary Leavitt for providing me with the opportunity further to

serve the country.

Secretary Leavitt set forth a challenging and exciting agenda for

the Department to improve health care and human services in

America and abroad. Fundamentally, his plan rests on the interest

of protecting life, protecting family, supporting human dignity, and

working to improve health conditions here and around the world.

As Assistant Secretary of Legislation, I would serve as a senior

advisor to the Secretary on all legislative matters. If confirmed, my

primary responsibility will involve work with this and other committees in support of the administration’s efforts to improve health

and human services.

In the phrase that you have used, I will serve as the liaison for

you to the Department. A critical part of that involves ensuring

that you receive the assistance that you need to undertake the

committee’s legislative and oversight work.

Whether you require technical assistance on legislation, policy

input, information or responses to your oversight requests, or assistance for your constituents, I would strive to be responsive in

every way possible.

Having worked in the Senate for a dozen years at various times

since 1985, and in the health policy world most of my working life,

I do appreciate the importance of expert and close collaboration

with Congress, working bipartisanly, and above all, having high

ethical and personal standards.

Again, thank you for taking the time to meet with me today. I

look forward to answering your written and spoken questions.

The CHAIRMAN. Thank you.

[The prepared statement of Mr. Ventimiglia appears in the appendix.]

The CHAIRMAN. Dr. Crowder?

STATEMENT OF DR. RICHARD T. CROWDER, NOMINATED TO

BE CHIEF AGRICULTURAL NEGOTIATOR, OFFICE OF THE

U.S. TRADE REPRESENTATIVE, WASHINGTON, DC

Dr. CROWDER. Thank you, Senator. You have my written statement, and I will abbreviate my comments.

Obviously, I am honored by the trust and confidence placed in

me by President Bush and Ambassador Portman. I also want to

thank the committee for taking the time to hold the hearing today.

I know it is the end of the session and this is a very busy time for

the Senate.

I also want to tell you and others that I am excited about the

possibility of representing the United States in our trade negotiations. My roots in American agriculture are deep. My ancestors

from the 1600s through my father were farmers in Virginia, and

I have worked in the agricultural industry all my life, for nearly

15

40 years. This experience has covered everything from seed to

table-top restaurants.

I also want to make it clear that I am fully aware of, and I appreciate, the challenges and demands of the job and its importance

to agriculture. I stand ready to accept the challenges and responsibilities of this position. If confirmed by the Senate, I will approach the job with a dedication and a diligence that is equal to

its challenge and importance.

In terms of our management style, Mr. Chairman, I have always

held to the philosophy that all stakeholders should have the opportunity to have input into the process.

I look forward to working closely with you, Senator Baucus, and

all the members of this committee if I am confirmed and become

the Chief Agricultural Negotiator. Your input will be critical to my

success of fulfilling the responsibilities of this important position.

Finally, as I stated earlier, neither my wife nor either of our sons

could be here today, but before concluding I want to express thanks

to each of them for their patience over the past 40-plus years. They

have willingly accepted a husband’s and a father’s career that has

involved a lot of time away from home, has spanned multiple locations, and, as noted, has included public and private service.

Finally, Mr. Chairman, I express my appreciation to you and the

committee, including the staff, for taking the time to meet with me

as I have made my way through the process.

Thank you. I look forward to your questions.

The CHAIRMAN. Thank you, Dr. Crowder.

[The prepared statement of Dr. Crowder appears in the appendix.]

The CHAIRMAN. Dr. Brown?

STATEMENT OF DR. JEFFREY ROBERT BROWN, NOMINATED

TO BE A MEMBER OF THE SOCIAL SECURITY ADVISORY

BOARD, SOCIAL SECURITY ADMINISTRATION, BALTIMORE,

MD

Dr. BROWN. Thank you, Mr. Chairman. I am honored to appear

before you today as the nominee of the President to become a Member of the Social Security Advisory Board.

As you know, the Advisory Board was established in 1994 to provide independent and bipartisan advice to Congress, the President,

and the Social Security Commissioner on matters related to the

OASDI and SSI programs.

Over the years, the Board has performed these functions admirably by producing numerous, invaluable consensus reports on

issues facing the Social Security system, issues ranging from the

disability determination process to the need to act quickly to address the sustainability of Social Security’s finances.

If I am confirmed, I look forward to working closely with the

other Advisory Board members and staff to continue in this bipartisan tradition.

As you know, there are few programs that touch as many lives

as the Social Security program does. There are nearly 160 million

workers who are currently paying taxes to support the program

and more than 48 million Americans who are receiving benefits, eiVerDate 11-MAY-2000 16:18 Aug 03, 2006 Jkt 095484 PO 00000 Frm 00019 Fmt 6633 Sfmt 6633 28866.000 SFIN1 PsN: SFIN1
16

ther as retired or disabled workers, or survivors or dependents of

those workers.

The aggregate financial flows of this program are enormous. This year, they are estimated to exceed $500 billion in benefit payments.

But numbers aside, the Social Security program has become a part

of the social fabric of this Nation. I certainly agree with the assessment that Social Security is one of the most important and most

popular government programs in our Nation’s history.

Unfortunately, the Social Security system does face severe financial challenges in the coming decades. Because the system is designed as a pay-as-you-go program, its financial status is quite dependent on demographic trends.

For a variety of otherwise very positive developments, including

the fact that Americans are living longer than ever before, Social

Security’s expenditures are going to begin to exceed its tax revenue

in just a dozen years. As the ratio of workers to retirees continues

to fall in the decades to come, these deficits will widen.

As a result of this collision between demography and the pay-asyou-go structure, it is clear that some changes to the program will

be required in the future.

But as important as the Social Security financial status is, it is

important to note that the Advisory Board does have other important issues to address as well. These include, for example, the disability insurance program and the need to continually streamline

the disability determination process.

As it stands today, many applicants find themselves literally

spending years trying to navigate the complexities of the application and hearing process, a situation which can sometimes impose

severe hardship on those families. This is an issue that the Commissioner and the Board have been addressing and we will continue to address, if I am confirmed.

There are a number of other issues as well. On all of these

issues, I look forward to applying my academic, as well as policy,

background to help the Board in tackling these difficult problems.

I have every intention, if confirmed, of becoming a very active

member of this board, and I look forward to working with the

members and the staff of this committee to find ways to help improve the retirement security of current and future generations of

workers.

I would like to thank you very much for this opportunity, and I

will be very happy to answer any questions that you may have.

The CHAIRMAN. Thank you very much.

[The prepared statement of Dr. Brown appears in the appendix.]

The CHAIRMAN. For the staff of other members, I would like to

have you tell the members that it would be my desire to vote on

these nominees sometime yet this week in between votes on the

floor.

In order to accommodate members getting their questions answered, since they will not be able to do it orally, I would like to

have all questions that these nominees should be expected to answer submitted by 5 p.m. today.

Then I would ask each of you then, because I try to honor the

requests of people who want information to get information, unless

I would see it being done for political reasons, to make sure that

17

they are accommodated. So, I would respect my colleagues’ requests, if you could get all of your questions answered.

The first series of questions are the same that we ask every

nominee. I will state them to you as a group, but I will ask each

of you to answer separately.

Is there anything that you are aware of in your background that

might present a conflict of interest with the duties of office to

which you have been nominated?

Mr. Fratto?

Mr. FRATTO. No, sir.

The CHAIRMAN. Mr. Bohigian?

Mr. BOHIGIAN. No, sir.

The CHAIRMAN. Mr. Spooner?

Mr. SPOONER. No, sir.

The CHAIRMAN. Mr. Ventimiglia?

Mr. VENTIMIGLIA. No, sir.

The CHAIRMAN. Dr. Crowder?

Dr. CROWDER. No, sir.

The CHAIRMAN. Dr. Brown?

Dr. BROWN. No, sir.

The CHAIRMAN. Do you know of any reason, personal or otherwise, that would in any way prevent you from fully and honorably

discharging the responsibilities of the office to which you have been

nominated?

Mr. Fratto?

Mr. FRATTO. No, Mr. Chairman.

The CHAIRMAN. Mr. Bohigian?

Mr. BOHIGIAN. No, sir.

The CHAIRMAN. Mr. Spooner?

Mr. SPOONER. No, sir.

The CHAIRMAN. Mr. Ventimiglia?

Mr. VENTIMIGLIA. No, sir.

The CHAIRMAN. Dr. Crowder?

Dr. CROWDER. No, sir.

The CHAIRMAN. Dr. Brown?

Dr. BROWN. No, sir.

The CHAIRMAN. Lastly, do you agree, without reservation, to respond to any reasonable summons to appear and testify before any

duly constituted committee of Congress, if confirmed?

Mr. Fratto?

Mr. FRATTO. Yes, sir.

The CHAIRMAN. Mr. Bohigian?

Mr. BOHIGIAN. Yes, sir.

The CHAIRMAN. Mr. Spooner?

Mr. SPOONER. Yes, sir.

The CHAIRMAN. Mr. Ventimiglia?

Mr. VENTIMIGLIA. Yes, sir.

The CHAIRMAN. Dr. Crowder?

Dr. CROWDER. Yes, sir.

The CHAIRMAN. Dr. Brown?

Dr. BROWN. Yes, sir.

The CHAIRMAN. The vote has just started, so I am not going to

be able to ask very many questions. I think there is a question here

for Mr. Ventimiglia. I am not going to ask, but it gives me an opVerDate 11-MAY-2000 16:18 Aug 03, 2006 Jkt 095484 PO 00000 Frm 00021 Fmt 6633 Sfmt 6633 28866.000 SFIN1 PsN: SFIN1
18

portunity to state something that I would ask your cooperation

with in regard to a generic approach that I use, as Chairman of

this committee, or even as an individual member of the Senate, for

all my years even before I became a member of the Senate.

In the sense—and I am not saying this just to Mr. Ventimiglia,

but to all of you—that I take very seriously my constitutional responsibility of oversight to see that the laws are faithfully executed

by the executive branch of government and that the money is spent

wisely, to make sure that, in order to do that, there are a couple

of things that I think are very important.

One, to have respect for whistle-blowers. Not every whistle-blower is necessarily right, but I try to give every person an opportunity

to express their case to me. There is a whistle-blower protection

law. I see whistle-blowers under both Republican and Democratic

administrations being respected like a skunk at a picnic on a Sunday afternoon, and I do not think that is the intent of the law, and

it is not the right thing to do.

People that are patriotic and come to us with information when

they think something is wrong, and they usually come after they

have a legitimate opportunity within the bureaucracy, or at least

they feel like they have, they come.

So I would ask for all of you, that that would be the proper respect for them and to make sure that people that give information

to Congress, that the law protects them giving that information,

particularly if Congress asks for it, in particular, people that are

called to testify.

That would lead me also to the point that one of the frustrations

that I have, and I was going to ask also a question about, is when

we do ask for information, it seems like we usually, after a period

of time, get a partial answer to most of our questions, but we never

get a complete answer.

There is always an unwillingness to totally level with us and

seek it out. You end up holding up nominations to get people’s attention. You end up making phone calls that ought to be unnecessary. I mean, one of the agencies of government once referred to

his agency as ‘‘our institution.’’

I said, that is really what is wrong, your attitude that this is

‘‘our institution.’’ We all work for the American people. It is not

Commerce Department as an institution with an end unto itself. It

is not HHS, it is not Special Trade Representative. You know, you

could name them all.

But we all work for the American people. There are only probably about three areas of government where there is not legitimacy

for total transparency. Number one would be executive privilege,

constitutional power of the President, number two would be privacy, and number three would be national security. There is no

other reason.

Oh, maybe to some extent there is some intellectual property

issue, which I do not think is very often, but if there is, maybe

that. But except for those things, there is nothing that you ought

to know that I do not know, and then in turn the people of this

country know, and to make our constitutional process work. So, I

would ask you for that sort of cooperation.

19

Dr. Crowder, you probably would expect me, as a farmer, to be

interested in a couple of things in your area. I strongly believe that

the United States gets the best possible trade agreements from our

trading partners when everything is on the table.

If we start taking things off the table, our trading partners will

do the same. More often than not, the products that they want

taken off the table are our most competitive agricultural products,

like pork or corn.

Could you assure me today that you will fight to make sure that

our trade agreements are comprehensive and that you do not exclude products like sugar from the negotiating table? Let me remind you, how you answer that, Senator Baucus is going to be

watching your answer.

Dr. CROWDER. I will answer that question in the affirmative,

Senator. In recollection of the comment I made to Senator Baucus,

and the fact that I fully recognize that sugar is a sensitive product,

we will consult with Senator Baucus, you, and others on all sensitive items that do fall under these agreements.

The CHAIRMAN. All right.

I guess I have to go vote, so the hearing is adjourned. Most of

the questions you will have to answer in writing, so please do that

just as soon as you can. Thank you all very much.

[Whereupon, at 12:03 p.m., the hearing was concluded.]

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