U.S. GOVERNMENT PUBLISHING OFFICE

32–647 PDF WASHINGTON : 2019

S. HRG. 115–602 

NOMINATION HEARING: 

GLEN SMITH, TO BE A MEMBER OF 

THE FARM CREDIT ADMINISTRATION BOARD, 

FARM CREDIT UNION, AND 

STEPHEN ALEXANDER VADEN, TO BE 

GENERAL COUNSEL OF 

THE DEPARTMENT OF AGRICULTURE 

HEARING 

BEFORE THE

COMMITTEE ON AGRICULTURE, 

NUTRITION, AND FORESTRY 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

FIRST SESSION 

NOVEMBER 9, 2017 

Printed for the use of the 

Committee on Agriculture, Nutrition, and Forestry 

( 

Available via the World Wide Web: http://www.govinfo.gov/ 
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY 

PAT ROBERTS, Kansas, Chairman 

THAD COCHRAN, Mississippi 

MITCH MCCONNELL, Kentucky 

JOHN BOOZMAN, Arkansas 

JOHN HOEVEN, North Dakota 

JONI ERNST, Iowa 

CHARLES GRASSLEY, Iowa 

JOHN THUNE, South Dakota 

STEVE DAINES, Montana 

DAVID PERDUE, Georgia 

LUTHER STRANGE, Alabama 

DEBBIE STABENOW, Michigan 

PATRICK J. LEAHY, Vermont 

SHERROD BROWN, Ohio 

AMY KLOBUCHAR, Minnesota 

MICHAEL BENNET, Colorado 

KIRSTEN GILLIBRAND, New York 

JOE DONNELLY, Indiana 

HEIDI HEITKAMP, North Dakota 

ROBERT P. CASEY, JR., Pennsylvania 

CHRIS VAN HOLLEN, Maryland 

JAMES A. GLUECK, JR., MAJORITY STAFF DIRECTOR

DANITA M. MURRAY, MAJORITY CHIEF COUNSEL

JESSICA L. WILLIAMS, CHIEF CLERK

JOSEPH A. SHULTZ, MINORITY STAFF DIRECTOR

MARY BETH SCHULTZ, MINORITY CHIEF COUNSEL

(II) 
(III) 

C O N T E N T S 

Page 

HEARING(S): 

Nomination Hearing: Glen Smith, to be a Member of the Farm Credit Administration Board, Farm Credit Union, and Stephen Alexander Vaden, to 

be General Counsel of the Department of Agriculture ..................................... 1 

Thursday, November 9, 2017 

STATEMENTS PRESENTED BY SENATORS 

Boozman, Hon. John, U.S. Senator from the State of Arkansas ......................... 1 

Stabenow, Hon. Debbie, U.S. Senator from the State of Michigan ..................... 2 

Alexander, Hon. Lamar, U.S. Senator from the State of Tennessee ................... 5 

Corker, Hon. Bob, U.S. Senator from the State of Tennessee ............................. 6 

Witnesses 

Smith, Glen R., of Iowa, to be a Member of the Farm Credit Administration 

Board, Farm Credit Association. ......................................................................... 7 

Vaden, Stephen Alexander, of Tennessee, to be General Counsel of the Department of Agriculture ....................................................................................... 8 

APPENDIX 

PREPARED STATEMENTS: 

Smith, Glen R. .................................................................................................. 24 

Vaden, Stephen Alexander .............................................................................. 26 

DOCUMENT(S) SUBMITTED FOR THE RECORD: 

5-day letter, Committee questionnaire and Office of Government Ethics 

Executive Branch Personnel Public Financial Disclosure Report filed 

by Glen R. Smith ........................................................................................... 30-54 

5-day letter, Committee questionnaire and Office of Government Ethics 

Executive Branch Personnel Public Financial Disclosure Report filed 

by Stephen Alexander Vaden ....................................................................... 55-95 

QUESTION AND ANSWER: 

Smith, Glen R. 

Written response to questions from Hon. Pat Roberts .................................. 98 

Written response to questions from Hon. Debbie Stabenow ......................... 99 

Written response to questions from Hon. Amy Klobuchar ........................... 102 

Vaden, Stephen Alexander: 

Written response to questions from Hon. Pat Roberts .................................. 104 

Written response to questions from Hon. Debbie Stabenow ......................... 106 

Written response to questions from Hon. Patrick J. Leahy .......................... 122 

Written response to questions from Hon. Sherrod Brown ............................ 125 

Written response to questions from Hon. Michael Bennet ........................... 129 

Written response to questions from Hon. Chris Van Hollen ........................ 130 

(1) 

NOMINATION HEARING: 

GLEN SMITH, TO BE A MEMBER OF 

THE FARM CREDIT ADMINISTRATION BOARD, 

FARM CREDIT UNION, AND 

STEPHEN ALEXANDER VADEN, TO BE 

GENERAL COUNSEL OF 

THE DEPARTMENT OF AGRICULTURE 

Thursday, November 9, 2017 

UNITED STATES SENATE, 

COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY, 

Washington, DC 

The Committee met, pursuant to notice, at 9:33 a.m., in Room 

328A, Russell Senate Office Building, Senator John Boozman, presiding. 

Present or submitting a statement: Senators Boozman, Hoeven, 

Ernst, Grassley, Thune, Daines, Perdue, Stabenow, Brown, Klobuchar, Bennet, Gillibrand, Donnelly, Heitkamp, Casey, and Van 

Hollen. 

STATEMENT OF HON. JOHN BOOZMAN, U.S. SENATOR FROM 

THE STATE OF ARKANSAS 

Senator BOOZMAN. I call this hearing of the Senate Agriculture, 

Nutrition, and Forestry Committee to order. Chairman Roberts has 

had a—just a routine outpatient procedure and as a result of that 

I am chairing today and offering a statement that I am about to 

present in his stead. He will return to the Senate on Monday. 

We are here today to review the nominations of the individuals 

before us today, Glen Smith, to be a Board member of the Farm 

Credit Administration, and Mr. Stephen Vaden for the position of 

General Counsel of the Department of Agriculture. 

For the last few months, this Committee has been reviewing and 

approving nominations for the agencies under its jurisdiction in 

order to help provide them with political leadership. It is crucial to 

have decision-makers tending to the important mission areas at the 

Department of Agriculture, the CFTC, and the Farm Credit Administration. 

Today we have an opportunity to review the nominations of two 

distinguished individuals, one to head USDA’s Office of General 

Counsel, and the other to serve on the Farm Credit Administration 

Board, which is tasked with ensuring the safety and soundness of 

financial institutions comprising the Farm Credit System. Legal 

and financial issues are not only touching our stakeholders every 
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day, but the people who benefit from the hard work of our farmers 

and ranchers, the consumers. 

We have talked about the challenging times farmers, ranchers, 

and their families are facing in rural America. Those challenges 

come not only from what Mother Nature throws at them but the 

regulations, the rules, and costly burdens placed upon the agriculture and forestry sector, including numerous and sometimes 

frivolous lawsuits. The FCA Board will also be faced with potential 

decisions regarding regulatory tools meant to enable the lending 

system to responsibly support producers during times such as 

these. 

During these uncertain times, we need these nominees to 

prioritize farmers and ranchers as they review legal questions or 

the ins and outs of how our Farm Credit System is functioning. We 

have two very qualified nominees before us today, and I am happy 

that the Committee has the opportunity to examine their credentials and experience as we endeavor to get them working in their 

new roles as soon as possible. 

Our first witness today is Mr. Glen Smith, who was nominated 

to serve as a member of the Farm Credit Administration. As noted, 

Mr. Smith is a native of Atlantic, Iowa, and a graduate of Iowa 

State University. He is President and Co-Owner of Smith Land 

Service, a company which specializes in farm management, land 

appraisal, and farm and brokerage services. Mr. Smith also owns 

and serves as President of Smith Generation Farms, Inc., a family 

farm operation that encompasses about 2,000 acres in western 

Iowa. 

Our next witness, Mr. Stephen Vaden, the President’s nominee 

to serve as the Department of Agriculture’s General Counsel, has 

a B.A. from Vanderbilt University and a J.D. from Yale Law 

School. He served as law clerk for Julia Smith Gibbons of the 

United States Court of Appeals for the Sixth Circuit, and for Samuel H. Mays, Jr., of the United States District Court for the Western District of Tennessee. 

Prior to his experience at USDA, he has practiced law at the law 

firms of Patton Boggs and Jones Day, where he gained significant 

experience in government regulations law, litigation, administrative law, and appellate work. He is licensed to practice law in Tennessee and the District of Columbia. Stephen has been serving in 

the Office of General Counsel in various way, acting in that capacity for the last few months. 

It is the Chairman’s hope that the Committee consider and approve your nominations as quickly as possible so we can send them 

to the full Senate for consideration. 

I look forward to your testimony and I now turn to my colleague, 

Senator Stabenow, for opening remarks. 

STATEMENT OF HON. DEBBIE STABENOW, U.S. SENATOR 

FROM THE STATE OF MICHIGAN 

Senator STABENOW. Well, thank you very much, Mister Acting 

Chairman, and it is always great to work with you. We worked together on forestry and paper issues, along with other issues that 

relate to the Agriculture Committee, and I know that Senator Rob-
3 

erts will be back in full form next week, so we are looking forward 

to that. 

I am pleased to be here today to consider the final two nominees 

that we currently have pending before our Committee, and welcome to our two distinguished colleagues, who I know are going to 

be involved in introductions as well. 

Mr. Vaden and Mr. Smith, congratulations to you and welcome 

to your families today. We are glad to have them here as well. 

Considering presidential nominations is a key responsibility of 

the Senate and one that this Committee takes very seriously. This 

Committee has worked hard to move nine USDA and CFTC nominees this year in an efficient and bipartisan manner. I am glad to 

see two more nominees before us today. 

Mr. Vaden, being the top lawyer at one of the largest Federal departments is a very important job. If confirmed as General Counsel, your work will touch every corner of the USDA, from advising 

the Secretary to enforcing civil rights and workplace protections for 

nearly 100,000 employees across the department. You will oversee 

the implementation of rules that protect our farmers and our families. Additionally, it will be up to you to ensure that USDA’s own 

rulemaking is fair and transparent. 

Mr. Vaden, you have been a senior leader at the USDA since Inauguration Day. Today I look forward to learning more about the 

role that you have played in the last 10 months. I also have a few 

questions about your previous work as an associate at a law firm, 

handling voting access cases, which I hope you can address today. 

Overall, I am interested in hearing about your experience, qualifications, and vision for this very important position. 

Mr. Smith, while we have considered several USDA nominees 

this Congress, you are the first nominee before us for the Farm 

Credit Administration. Throughout this year I have underscored 

the importance of having qualified, dedicated leaders to serve our 

farmers and ranchers across the government and the Farm Credit 

Administration is no exception. 

The Farm Credit System ensures that rural communities and agricultural producers of all types and sizes have reliable access to 

credit. This is especially pressing given the recent slowdown in the 

farm economy and devastating natural disasters, as you and I have 

had a chance to talk about. 

We also know that new and beginning farmers face unique challenges in accessing capital as they look to start a career on the 

farm. In my home state of Michigan, Greenstone Farm Credit provides more than $6 billion in loans to producers, including more 

than 17,000 small, new, or beginning farmers, including our veterans. Now more than ever, it is critical that our farmers and rural 

communities have a dependable source of credit they can count on. 

I am very proud of how this Committee has worked together to 

consider qualified leaders as quickly as possible. These gentlemen 

are the last nominees pending before our Committee. In order for 

us to continue to fill vacant leadership positions, we need the administration to nominate qualified candidates to come before us. As 

of now, we are still waiting to receive nominees for almost half of 

the Senate-confirmed positions at the USDA. I urge the Trump Administration to nominate experienced and qualified people for these 
4 

roles as soon as possible, so we can ensure the department is running at 100 percent. Our farmers and ranchers in rural communities deserve no less, and I look forward to working with all the 

members in the Committee to make sure that happens. 

Thank you. 

Chairman BOOZMAN. Thank you, Senator. As is our tradition at 

the Agriculture Committee, we like to recognize the family and the 

friends of the nominees who have gathered today. Please stand to 

be recognized. 

Very good. 

[Applause.] 

Senator BOOZMAN. We do appreciate you being here. These 

things are certainly family affairs. 

It is also a privilege to welcome two distinguished members of 

the Tennessee delegation to the Committee, Senator Alexander and 

Representative David Kustoff, and Senator Corker. They are here 

to support their friend and colleague, Stephen Vaden. Thank you 

all for joining us at this important hearing. 

I now turn to Senator Ernst to introduce our first nominee, Glen 

Smith from Iowa. 

Senator ERNST. Thank you, Mr. Chair. It is my pleasure today 

to introduce Glen Smith. Glen Smith is President of Smith Land 

Service, a company he founded in 1982. The company specializes 

in farm management, land appraisal, and farmland brokerage services, working in about 30 of Iowa’s counties. Glen also owns and 

serves as President of Smith Generation Farms, Inc., a family farm 

operation that encompasses about 2,000 acres of corn and soybeans 

in western Iowa. 

Glen was raised on a diversified crop and livestock farm near Atlantic, Iowa, which is just down the road from my home in Red 

Oak, so thank you very much, Glen. When he graduated from Iowa 

State University, which is also my alma mater, in 1979, with a B.S. 

in agricultural business, he went to work for Doane Agricultural 

Services as state manager of their real estate division. 

Glen and his wife Fauzan have four grown children and three 

grandchildren. Welcome to the Committee, Glen. We are glad to 

have you here, and welcome to your family as well. Thank you very 

much. 

Senator BOOZMAN. Senator Grassley. 

Senator GRASSLEY. I associate myself with the remarks of Senator Ernst and also add that there are good people coming out of 

Atlantic besides Mr. Smith. I had a press secretary of 15 years, 

Beth Pellet, and Nancy Pellet, her mother, had a position similar 

to Mr.—or the same as Mr. Smith’s a few years ago in a previous 

Republican administration. 

So I said I associate myself with the comments that are made by 

my colleague. I have known Glen for several years and know that 

he would do an outstanding job for farmers and ranchers at the 

Farm Credit Administration. He has worked in agriculture industry his whole career and will bring his Atlantic, Iowa, common 

sense and leadership to this Board. I look forward to working with 

him when he is confirmed, and we welcome you to the Committee, 

and I am going to be very rude because I have got to chair the Judiciary Committee in 12 minutes, so I will be leaving. 
5 

Senator BOOZMAN. Thank you, Senator Grassley. 

Senator Alexander, it is an honor to have you with us today. 

Thank you for taking the time to introduce Mr. Vaden. 

STATEMENT OF HON. LAMAR ALEXANDER, U.S. SENATOR 

FROM THE STATE OF TENNESSEE 

Senator ALEXANDER. Thank you, Mr. Chairman, and thanks for 

allowing me to come. First, I want to thank the Committee for supporting the Tennessee Wilderness Act this morning. Senator 

Corker and I have introduced that in five separate Congresses. 

This is the fifth one. I see Senator Stabenow smiling. She has 

helped us with that before. The legislation would preserve 20,000 

acres of Cherokee National Forest as wilderness. We hear about it 

from many, many Tennesseans. 

I wish to submit a statement on this legislation for the Committee record and express my hope that the Congress can enact on 

it while Senator Corker is still a member of the United State Senate, which means this year. 

Senator ALEXANDER. Second, attending these always reminds me 

of the time, several years ago, when I came before a confirmation 

hearing and the Senator from Ohio’s turn came and he looked at 

me and said, ‘‘Governor Alexander, I have heard some very disturbing things about you, but I do not think I will bring them up 

now.’’ Senator Kassebaum from Kansas looked over and said, 

‘‘Well, Howard, I think you just did.’’ 

I do not think any of that will happen to the two of you today 

because of your distinguished records, and I know the members of 

the Committee well. 

I am here to introduce Stephen Vaden. I am proud to do that. 

You mentioned his background, Mr. Chairman, so I will not go into 

extensive detail. He grew up on a family farm in Union City, Tennessee. His father was a farmer so he has hands-on experience for 

this job. He attended Vanderbilt University and Yale Law School, 

so he has some academic credentials for the job of legal counsel, 

which are strong. He has had two strong mentors, Julia Gibbons, 

a Sixth Circuit Court of Appeals member who was once my counsel 

when I was governor of Tennessee, and Hardy Mays of U.S. District Court for the Western District of Tennessee, and he has practiced law with two distinguished firms in Washington. 

So based on his hands-on experience, his strong academic credentials, his mentorships, his practice of law, and the time he has had 

here the last few months, he is very well qualified. Also, he is 

strongly supported by his Congressman, David Kustoff of West 

Tennessee, who is here today, and we are delighted to have him. 

The Tennessee Farm Bureau President says that Stephen ‘‘has a 

passion for agriculture that cannot be taught but that is necessary 

in the role of General Counsel.’’ 

Congressman Kustoff said this year, ‘‘I have had the pleasure of 

working with Stephen. I cannot think of anyone better equipped to 

champion our agriculture industries in West Tennessee and across 

the country.’’ Secretary Perdue said, ‘‘Stephen has a firm grasp of 

the legal issues facing American agriculture and, more importantly, 

understands the breadth and complexity of the regulatory burden 

placed upon our producers.’’ He finished by saying, ‘‘Farmers, 
6 

ranchers, foresters, and producers will be well served by his counsel.’’ 

So I am delighted to strongly recommend Stephen to this Committee. I urge the Committee members to support his nomination. 

I hope he can be quickly considered by the full Senate. 

Thank you for your time. 

Senator BOOZMAN. Thank you, Senator Alexander, and thank 

you, Congressman Kustoff, for being here to show your support. We 

are also honored to have Senator Corker here. 

STATEMENT OF HON. BOB CORKER, U.S. SENATOR FROM THE 

STATE OF TENNESSEE 

Senator CORKER. Mr. Chairman and Ranking Member Stabenow, 

thank you so much for letting me be here with Lamar, my good 

friend, and David Kustoff, my friend, to support this outstanding 

nominee. I want to also thank you for considering the Wilderness 

Bill this morning. It is something that I think matters greatly to 

our country, and we thank you for that. 

I want to also thank you. I have never been before the Ag Committee. I have been here 10 years and 10 months, and so my Senate bucket list is now narrowing, so thank you so much. 

[Laughter.] 

Senator BOOZMAN. We are going to have you back. 

Senator CORKER. Yes, thanks. I am pleased to be here with you 

today to introduce Stephen Vaden, who has been nominated to 

serve as General Counsel to the Department of Agriculture. I 

would like to extend a warm welcome to Stephen and those here 

supporting him, and I am sure he will introduce them shortly. 

He is a native of West Tennessee. Stephen attended Vanderbilt 

University as an undergraduate and obtained his law degree from 

Yale University. After serving as a clerk on the U.S. District Court 

of the Western District of Tennessee and the U.S. Court of Appeals 

for the Sixth Circuit, Stephen went on to practice law at Patton 

Boggs, most recently at Jones Day. At both firms, his practice centered on litigation, election law, and administrative law. 

This is pretty amazing. When not in Washington, Stephen returns home to Union City, Tennessee—it is very difficult to get to 

Union City, Tennessee—where his family-owned farm has operated 

for generations. Growing up and working on that farm has given 

him profound insight into the issues facing the agriculture community. I am confident Stephen understands the needs of farmers and 

will be an important asset as we work to help rural America prosper and grow, and I thank this Committee for focusing on that so 

much. 

I wholeheartedly support his nomination. I thank the Committee 

for holding this hearing, and encourage my colleagues to support 

his nomination. Again, thank you so much for the courtesy. It is 

great to be with all of you. 

Senator BOOZMAN. Thank you, Senator Corker, for being here, 

very much. 

Senator STABENOW. Mr. Chairman, Senator Klobuchar had suggested that if we counted the two Senators that were at the end 

of the table, from Tennessee, as honorary members, we could actually vote out the bill. Just a thought. 
7 

Senator BOOZMAN. Whatever it takes. 

[Laughter.] 

Senator BOOZMAN. Seeing a quorum is present now, this hearing 

stands in recess. 

[Whereupon, at 9:50 a.m., the Committee recessed and moved to 

executive session, and reconvened at 9:53 a.m.] 

Senator BOOZMAN. I now reconvene the Nominations Hearing, 

and thank you both—thank all of you for your patience and thank 

you for your patience, particularly our witnesses. 

In following the tradition and custom of the Committee, before 

nominee witnesses are to provide testimony, I need to administer 

the oath. If you both could please stand and raise your right hands. 

First, do you swear that the testimony you are about to present 

is the truth, the whole truth, and nothing but the truth, so help 

you God? 

Mr. SMITH. I do. 

Mr. VADEN. I do. 

Senator BOOZMAN. Do you agree that if confirmed you will appear before any duly constituted committee of Congress if asked to 

appear? 

Mr. SMITH. I do. 

Mr. VADEN. I do. 

Senator BOOZMAN. Thank you. We look forward to your testimony. 

Mr. Smith. 

TESTIMONY OF GLEN R. SMITH, OF IOWA, TO BE A MEMBER 

OF THE FARM CREDIT ADMINISTRATION BOARD, FARM 

CREDIT ASSOCIATION. 

Mr. SMITH. Mr. Chairman, Ranking Member Stabenow, and 

members of the Committee. My name is Glen R. Smith of Atlantic, 

Iowa. This past September, President Trump nominated me to 

serve on the Board of the Farm Credit Administration. I am truly 

humbled by the honor of this nomination, but also quite sobered by 

the huge responsibility, if confirmed, of having a role of ensuring 

that American agriculture continues to have a source for reliable, 

secure credit, which happens to be the mission of Farm Credit. I 

felt it was important for most of my family to be here to witness 

and experience the magnitude of that responsibility, and I thank 

you for the acknowledgment and the introduction. I might add that 

two of these, my son and my son-in-law, left a combine idle in the 

field back in Iowa, and if anybody is familiar with this time of year, 

I assured them that we would get them through just as soon as 

possible—not that I have anything to do with that, right? 

Anyway, as an active farmer, ag-businessman, and even dating 

back to my Ag-Finance days at Iowa State University, I have understood the important role of the Farm Credit Administration in 

setting policy, examining and regulating our nation’s largest longterm agricultural lender, the Farm Credit System. I also understand that the health of American agriculture is critically dependent upon a healthy, viable Farm Credit System. Credit is truly the 

lifeblood of agriculture. 

What I would hope to bring to the Board is a keen sense of agricultural cycles throughout modern history, economic booms and 
8 

busts, many of which I have lived through, the challenges those cycles place on dependable, safe source of credit. I lived through the 

boom ’70s, my wife and I struggled to survive and raise a family 

in the mid ’80s, only to prosper the last 20-plus years, exponentially, in a good agricultural economy. We cannot afford to lose a 

generation of agriculturalists like we did in the ’80s. Farm Credit 

can play a key role in supporting young farmers like my son behind 

me, who is 27, my son-in-law and daughter, in their early 30s, that 

are just entering their risk-prone susceptible stage in their agricultural production careers. 

As a life-long agriculturalist, I have always considered myself to 

be an optimist. As a farmer, you take on the weather, you take on 

pests, you take on the markets, and you have to be an optimist to 

survive. However, I do have to confess that I am very concerned 

about the current agricultural outlook, particular with younger, 

risk-prone producers. Land is typically the dominant asset on a 

farmer’s balance sheet. In the Midwest alone, we have seen a 15 

to 20 percent erosion in land values over the last several years, and 

I think it is very possible we could see another 15 to 20 percent 

erosion in values, which I feel would throw a lot of those financial 

ratios into a danger category. 

The economic prosperity that was enjoyed, roughly in 2006 

through 2013, has contributed to some spending habits that may 

not be sustainable or no longer supportable, and I truly believe 

that low interest rates have camouflaged the difficulty in paying 

back principle with after-tax dollars on high-priced machinery, 

land, and breeding livestock. 

Given the highly capitalized nature of agriculture, an uptick of 

only a few percentage points would significantly and negatively affect farm net operating income, and I believe we are a long ways 

away from crisis management, as experienced in the ’80s. However, 

out of love for this wonderful industry, I would be a strong advocate for caution in the Farm Credit System. 

Being selected as a Board member would represent one of the 

greatest challenges of my life but also potentially the most rewarding. I feel I would be a reliable, honest representation of American 

agriculture and have a vision for its future that defined my own 

life. It will not be an easy transition, moving away from the land 

and community that has defined our life’s work and love. Hopefully 

our positive contribution to public service can offset that severance. 

Again, thank you very much for this honor, and I look forward 

to your questions. 

[The prepared statement of Mr. Smith can be found on page 24 

in the appendix.] 

Senator BOOZMAN. Thank you, Mr. Smith. Mr. Vaden. 

TESTIMONY OF STEPHEN ALEXANDER VADEN, OF TENNESSEE, TO BE GENERAL COUNSEL OF THE DEPARTMENT 

OF AGRICULTURE 

Mr. VADEN. Thank you, Mr. Chairman, Ranking Member Stabenow, and members of this Committee. It is an honor to come before 

you today as the President’s nominee to serve as General Counsel 

for the United States Department of Agriculture. I would like to 

thank Senator Alexander and Senator Corker for the very kind 
9 

words they said about me in introduction, particularly Senator 

Corker’s remark about getting to Union City. He is correct. Every 

Friday evening, I catch the last fight out of Reagan to Memphis, 

and then I have a two-hour drive north to Union City, which gets 

me home about 1:00 on Saturday morning, and I take the last 

flight out Sunday night to return to Washington, DC, and my work 

at the Agriculture Department. 

I would also like to thank Congressman Kustoff for being a supporter of mine since day one, as my hometown Congressman. 

Before I respond to your questions I wish to spend a few moments to tell you about my background and why the President’s 

nomination, as well as Secretary Perdue’s unwavering confidence, 

are so personally meaningful to me. 

I come from a farming family. My father, John Marshall Vaden, 

was born on a farm in rural Obion County, Tennessee, in April 

1918, and engaged in farming his entire life. Following his death 

two years ago, my brother and I learned that one of the family 

farms that we have inherited has been in the family since the early 

1800s, as it appears in exactly its current dimensions on the original map of Fulton County, Kentucky, with the name of my ancestor 

handwritten across the plat. 

It was the profits my father reaped that paved the way for me 

to come before you here today. Those profits, wisely invested over 

time, helped to pay for the exorbitant tuition charged by Vanderbilt 

University and Yale Law School. 

They made it possible for me to delay entering the private sector 

so that I could clerk for two of our nation’s finest Federal judges, 

Judge Julia Smith Gibbons of the United States Court of Appeals 

for the Sixth Circuit, and Judge Samuel H. Mays, Jr., of the United 

States District Court for the Western District of Tennessee. 

They supported my move to the much more expensive Washington, DC, area, where I entered the private practice of law, first 

at the firm of Patton Boggs and later at the firm of Jones Day. I 

therefore understand why low commodity prices can be so harmful 

to the futures of those who come from rural communities, such as 

myself. 

As I am nominated for the role of General Counsel, it is important for me to spend a few moments reviewing my legal experience. 

My practice has focused primarily on three main areas: litigation, 

particularly appellate litigation; administrative law; and regulatory 

compliance. These happen to be three of the principal areas of concern for any department’s general counsel. 

The briefs I have drafted and the cases I have argued have covered areas of law as diverse as the procedural requirements of the 

Administrative Procedure Act, the confines of the First Amendment’s protections, the transparency requirements imposed upon 

Federal agencies by the Freedom of Information Act, the fiduciary 

duties of corporate officers, and the procedural protections provided 

to union members to safeguard their elections, to name just a few. 

My practice, thus, has focused on making certain the government 

and others in positions of power follow the legal guidelines meant 

to guarantee due process of law. Having been on the other side of 

the ‘‘v’’ from the government in litigation, I can understand the 

trepidation citizens feel when they must challenge the govern-
10 

ment’s decision. It is the job of the General Counsel to keep the 

government to its word by requiring the Department to follow its 

constitutional, statutory, and regulatory responsibilities. I believe 

that a general counsel can be considered to have done well if producers can say that while they did not always agree with the Department’s decisions, they felt their concerns were heard, and the 

Department treated them fairly. If confirmed, this is the goal I aim 

to meet. 

I would be remiss if I did not mention, for the past 11 months, 

I have served in the Office of General Counsel, first as a senior advisor, and since the 17th of March, as the Principal Deputy General Counsel. 

Every day I have the high honor of working with 203 of the finest lawyers in America to perform the legal work necessary to 

allow rural America to thrive. We are joined by 54 support staff, 

without whom none of us attorneys could get anything done. As the 

members of this Committee know all too well, the men and women 

of the Office of the General Counsel are committed to providing 

legal advice in a timely and professional manner. 

Equally as important, the office provides that advice with the accumulated knowledge of the challenges that our producers face to 

grow the food and fiber that powers America. It is a charge that 

each and every member of that office takes seriously, including myself. 

As I mentioned in my opening remarks, my father was a farmer. 

Throughout his life he was a grocer, an investor, and a real estate 

developer. But it was the title of ‘‘farmer’’ of which he was most 

proud. I know this because he placed that title—‘‘Farmer’’—below 

his name on every check I ever saw him sign. The last three checks 

he ever signed hang on my wall, framed, as a reminder of the responsibilities I bear as Principal Deputy General Counsel, to ensure that America’s producers are treated fairly, equitably, and in 

accordance with the law. Should the Senate confirm me to the position of General Counsel, I commit to you today to carry out the responsibilities of that office with the same very personal commitment represented by those checks. 

Thank you once again for the opportunity to come before you 

here today, and I look forward to answering your questions. 

[The prepared statement of Mr. Vaden can be found on page 26 

in the appendix.] 

Senator BOOZMAN. Thank you, Mr. Vaden and Mr. Smith, very 

much, for your testimony. 

Mr. Smith, when we met prior to your confirmation hearing we 

discussed young and beginning farmers and the difficulties that 

they face. I hear often from Arkansans about the high barriers to 

enter into production agriculture, and this, as we all know, is a 

very serious issue. Like you noted in your testimony, with the average age of the American farmer now around 60 years of age, we 

must have the next generation ready to produce enough food and 

fiber to sustain an expected world population of 9 billion by 2050. 

The year 2050 is only 32 harvests away. Could you expand on 

what you see the Farm Credit System’s role is in supporting and 

providing opportunities for these younger, riskier farmers and 

ranchers? 
11 

Mr. SMITH. Thank you, Senator. As I mentioned in my opening 

remarks, my concern over the advanced age of the American farmer, I am 61 and I think the average age of farmers in Iowa is 62. 

Sometimes we are still referred to as the young farmers in the 

neighborhood, after 35 years. But I think it is an acute problem 

and I think it is something that Farm Credit can address. 

As a lender you always have that balance between risk, and generally younger producers are riskier. There are programs within 

FSA that help mitigate that risk and also help eliminate those hurdles of capital investment up front, and I certainly would encourage partnerships with Farm Credit and FSA and the programs that 

would help beginning farmers get a start. 

In Iowa, I am quite proud that we do have some good programs 

that offer tax advantage to landlords that choose to rent their 

farms to beginning farmers through state tax credits, and I think 

it could serve as a good model for other states around the country. 

I think we’ve done some good jobs. There’s also financing for land 

for livestock, for machinery also available through the state, to 

their beginning farmer. 

I think in my role with Farm Credit, I do plan to travel considerably, and I think we could share those ideas. Hopefully maybe 

Farm Credit could be a little bit of a clearing house. What my intention is not is to just have a nice, shiny brochure on the coffee 

table saying that we have a beginning farmer program. I think 

part of those travels would be to ask some very specific questions 

about numbers and about risk orientation, and success stories 

along with failure stories, because risk doesn’t go without failure. 

Senator BOOZMAN. Great. Very good. Thank you. 

Mr. Vaden, there is a longstanding history of USDA, generally, 

and specifically the Office of General Counsel, providing technical 

assistance to the Committee as we write the farm bill. This assistance ensures the workability of the legislation. Will you commit to 

continuing to provide OGC resources towards technical assistance 

for the upcoming farm bill, for other legislation that helps to ensure the workability of these programs so the USDA is better able 

to defend itself against potential lawsuits? 

Mr. VADEN. Absolutely, Mr. Chairman. Thank you for the question. As I remarked to you during our meeting in your office, regardless of whether or not the Department may support a particular bill, it can, of course, always become law. So it’s important 

that bill be written well, because we are going to be the ones who 

are asked to interpret it once it is passed into law. So we will absolutely continue to provide the Committee, of both houses of Congress, with technical assistance when requested. 

Senator BOOZMAN. Thank you very much. Senator Stabenow. 

Senator STABENOW. Thank very much, Mr. Chairman. First, Mr. 

Smith, just a follow-up on Senator Boozman’s question on new and 

beginning farmers. You and I talked about that as well, and I know 

you share the commitment, as you have just spoken about. I wanted to remind the Committee that in the last farm bill we included 

veterans in that category, as you and I talked about, and there is 

an extra opportunity for support and assistance for both new and 

beginning farmers, but also for those who have served our country, 

in other ways that are incredibly important. We want to make sure 
12 

we’re providing them the same opportunities. So I appreciate your 

efforts on that front. 

Mr. Vaden, you talked a lot about areas of the law where you 

have argued cases, but I think it is important for me to indicate 

that there is one area of your past work that you did not talk 

about, and that was defending recent state efforts to restrict voting 

access for African Americans and other minorities. This is very 

troubling. Ensuring that citizens have access to the right to vote 

is a bedrock principle of our democracy. In fact, our democracy 

thrives when more citizens participate, and we should be in the 

business of increasing voter participation. 

If you are confirmed, I would expect you to ensure that USDA 

operates in a manner that is consistent with our laws, our values, 

our principles, and that all USDA customers and employees would 

be treated with dignity and respect. 

Let me further go into, just in the interest of time, what Senator 

Boozman talked about in terms of providing information to the 

Committee, because technical assistance, obviously, is very important. But it is also very important that we see the same prompt 

and full information, provided to myself as Ranking Member, on 

the minority side of the Committee, as well as the majority side. 

Earlier this year there was some question about whether or not 

that would happen, if there would be responses as we have always 

had to my questions as well as the Chairman’s. Senator Roberts 

and I sent a joint letter, and talked with Secretary Perdue about 

this issue. He certainly indicated that he would work with us on 

that issue. 

But just for the record, will you commit to allowing and directing 

USDA officials, including yourself, to respond fully and promptly to 

information and requests from me and from all other members of 

the Committee, both sides of the aisle, and commit to providing us 

with the information that is requested? 

Mr. VADEN. Thank you very much for the question, Senator, and 

I enjoyed addressing this with you when we spoke in your office 

earlier this season. 

Yes, Senator, the Secretary has a very simple policy. When we 

receive a letter from a Member of Congress we respond. 

Senator STABENOW. Great. Thank you very much. Will you commit to providing the public with transparency about agency activity 

to the maximum extent permitted by law? 

Mr. VADEN. Senator, as I mentioned in my opening remarks, one 

of my past legal experiences has been suing the government for 

failing to follow the guidelines of the Freedom of Information Act, 

which guarantees citizens access to information for any reason 

whatsoever. So having worked on this issue in the private sector 

and having seen the frustration that clients have when they cannot 

get access to information, I feel very strongly that citizens should 

have access to information to which the law entitles them. 

Senator STABENOW. Then, finally, will you also commit to providing the public with a meaningful opportunity to comment on 

proposed agency actions, such as reorganization, and to considering 

these comments before making a final decision? 

Mr. VADEN. Well, Senator, as you are aware and as we discussed 

in your office, for each of the Secretary’s moves that he has made 
13 

regarding reorganization he has sought and accepted public comment, and as I think you have seen with the letters that he has 

sent to this Committee, as well as the House Committee, notifying 

them of the changes that he wants to make and then following up 

on that, he does take comments into account and changes have resulted as a result of comments received. 

Senator STABENOW. Thank you. Then, finally, one other question. 

This is a topic you and I have talked about extensively but it is 

important to raise because both Senator Roberts and I feel it is important that it be addressed before the next farm bill, to be able 

to help us successfully write a farm bill and address all the needs 

of all of our farmers and ranches in rural communities. In the 2014 

Farm Bill, Congress provided authority to the Federal Crop Insurance Corporation Board to make decisions related to new insurance 

products and improvements to existing products. 

We know our dairy farmers are operating without an effective 

safety net. It is the one area where I feel we missed the mark, in 

terms of the last farm bill, and it needs to be corrected. There is 

a corrective mechanism. There is the authority within the USDA 

to independently make that decision. I know that there is ongoing 

consultation with OMB, but USDA has the capacity and responsibility to act on behalf of our dairy farmers. 

So I ask you, for the record, will you work to move this forward 

so that the issue can come before the next FCIC Board meeting for 

decision at the end of the month, so that we can actually make 

sure this is part of next year’s baseline, as we go into the farm bill? 

Mr. VADEN. Senator, once again I thank you for the question. As 

we discussed, just before the hearing, as a matter of fact—— 

Senator STABENOW. Right. 

Mr. VADEN. —on this very important issue to you, we have been 

working this issue, both internally and with the Office of Management and Budget, and we will continue to do so and make our 

points plain to them about what we feel that the law requires us 

to do. 

Senator STABENOW. Thank you. Just for the record, this is not 

only, as you know, of interest to dairy farmers but really does relate to our capacity to address all of the farm safety net issues that 

we need to within the farm bill. So I look forward to working with 

you on this. I think it is very important to our success with the 

next farm bill. 

Thank you, Mr. Chairman. 

Senator BOOZMAN. No, thank you, Senator Stabenow, and I know 

that Senator Roberts and the entire Committee agree with you 

wholeheartedly regarding request and transparency, which is so, so 

very important. 

Senator Hoeven. 

Senator HOEVEN. Thank you, Mr. Chairman, Madam Vice Chairman. 

Welcome to both of you. Mr. Smith, how can Farm Credit Service 

help our producers in this time of low commodity prices? 

Mr. SMITH. I think the role of a lender maybe is a little similar 

to the role of a parent. Sometimes saying yes all the time is not 

correct. I think close analysis and projection and models, if we 

should continue with these low commodity prices, is essential in 
14 

looking at new loans or expanding existing loans with existing customers. 

I mean it when I say we need to be cautious. We do not have 

the trifecta we did in the ’80s with low prices, super-inflated interest rates, and the third factor would be price supports that were 

not relative to the market. 

Today, I believe due to crop insurance, we have got a good safety 

net there, and I think, particularly with the last farm bill, this 

Committee should be commended for that, and I think a lender 

should work very closely with the borrower on that safety net. We 

do not have high interest rates. That is not saying 5 or 10 years 

from now we will not. 

Senator HOEVEN. So I have got legislation that would raise the 

direct loan—the FSA direct loan from $300,000 to $600,000, and 

the guarantee from $1.3 to $2.5 million. What is your sense of 

that? Is that a good idea, or not, and how would you respond to 

that? 

Mr. SMITH. Well, it is a symptom of the times in that land, at 

least in the Midwest, has about tripled in value in the last 12, 13 

years. So we have had to stick some added zeroes to add relevancy 

to that. But it is debt, and it is debt that has to be paid back. 

Senator HOEVEN. Do you think we need the higher limits or not? 

Mr. SMITH. Yes, I do, because of the relevancy—— 

Senator HOEVEN. Because of the cost of—— 

Mr. SMITH. Yes. 

Senator HOEVEN. —production agriculture—— 

Mr. SMITH. The cost of production agriculture. 

Senator HOEVEN. —has gone up so much. Good. 

The average age of the—or the average farmer age now is 60 

years old. How do we help get the younger producers in there? 

Mr. SMITH. Partnerships with lender and existing farmers I 

think is one way. Subsidized interest rates through FSA. I know 

our firm, we have tried to be a clearinghouse for information on beginning farmer loans through FSA that partners with local banks, 

that can partner with Farm Credit. It is surprising. There are some 

good programs out there but it does not seem like the word gets 

out a lot of times to the consumers. 

Senator HOEVEN. But you would agree we need to find ways to 

bring—to help younger farmers get involved in production agriculture. 

Mr. SMITH. Absolutely. I have got two sitting behind me, Senator. 

Senator HOEVEN. Well, that is good. 

Mr. SMITH. Yep. 

Senator HOEVEN. Of course, the capital constraints, when you 

look at land and equipment, inputs, everything else, that is part of 

the challenge, is it not? 

Mr. SMITH. It is, and I had the question raised earlier in the 

week, what difference we see between going into an uncertain economic time and now. The thing that is most concerning to me, 

where in 1981, average land values in our area was around $2,000. 

It sunk down to around $685, $700 an acre. Today we are $7,500, 

$8,000 an acre. 

Senator HOEVEN. Right. Exactly. 
15 

Mr. SMITH. So it is the high cost of capitalization today that really does worry me. 

Senator HOEVEN. Right. Right. So you have an important role to 

play. 

Mr. Vaden, regulatory burdens is an issue for our farmers now. 

I mean, it’s an issue for all small businesses, so we have to find 

ways to reduce the regulatory burden on all small business. Talk 

about that in terms of farmers, and then, in particular, in my state 

of North Dakota we have a section line issue where we have had 

disputes with Forest Service on section lines, which is very important for our products that we are able to have those section lines 

for access. So I want you to talk about, one, would you be willing 

to work with me on the section line issue, and, two, in general, are 

you willing to reduce the regulatory burden on our producers, farmers and ranchers? 

Mr. VADEN. Absolutely, Senator. As you have correctly noted, the 

burden of regulations on all industries, and in particular, agriculture, is a very important issue to the current administration. I 

know you mentioned an issue regarding the Forest Service. As you 

know, we have a new Chief of the Forest Service, Chief Tooke. I 

have met with Chief Tooke and he is—one of the first things that 

he is engaging in is a look at how the Forest Service can use its 

regulatory authority, both more effectively but use it to reduce the 

burdens on producers. 

Regarding your question about working with you, as I said earlier in response to questions from both the Chairman and the 

Ranking Member, we absolutely will work on you—will work with 

you, rather, to help you craft whatever legislation you may need in 

order to fix the issue that you see. 

Senator HOEVEN. Thanks to both of you. I appreciate it and look 

forward to working with you. 

Senator BOOZMAN. The Chair recognizes Senator Brown for questions, and also wishes him a big happy birthday. 

Senator BROWN. Thank you, Mr. Chairman. 

Senator BOOZMAN. Show them your birthday cake. 

Senator BROWN. This is from Senator Klobuchar, who claims to 

have made this. 

[Laughter.] 

Senator BROWN. What is interesting is there are 35 others that 

look just like it out in the main room. 

Senator STABENOW. They are all for you. 

Senator BROWN. I signed up for Medicare today, too, Mr. Chairman. 

Senator BOOZMAN. Yes, let us cut the cake. 

Senator BROWN. This is not off my time, is it? Thank you. 

Thanks, Mr. Chairman. Mr. Smith, thank you for joining. Mr. 

Vaden, thank you, and it was nice to meet you before the hearing, 

accompanied by your two Senators. 

Mr. Vaden, as you know, USDA’s budget—annual budget is some $125 billion. Its mission is, of course, broad. You can imagine this 

Committee’s concern that your legal experience, as listed on your 

resume, is in election law, Federal campaign finance law, and the 

Foreign Agents Registration Act. As far as I know, the USDA General Counsel does not deal with any of these matters. 
16 

I am also concerned with your lack of managerial experience, and 

my question is this. In your testimony, you noted that the General 

Counsel’s office employs about 250, including some 200 lawyers. 

You worked at law firms for six years prior to this job. What is the 

largest number of individuals you ever managed? 

Mr. VADEN. Thank you for the question, Senator. As I noted in 

response to questions from your staff, when you allowed me the opportunity to meet with them earlier, it varied by case. There were 

some cases where I was the sole attorney responsible for everything that was going on. There were other cases that involved litigators that could involve a dozen or more attorneys. 

Senator BROWN. So this would be an office of 250, including 200 

lawyers, and I guess you are saying in the cases when you had a 

big management role it was maybe a dozen. Okay. 

Mr. VADEN. Senator, I think it is also important to point out that 

for the past 11 months, and beginning March 17th, I have served 

as Principal Deputy General Counsel, as the General Counsel’s 

chair is currently vacant. I have had managerial responsibility for 

those 203 attorneys, as well as those 54 support staff. I would respectfully submit to you, sir, that I think one of the reasons why 

the first time you heard my name was when the President announced my nomination is because I have spent the past 11 

months in my office at the Department of Agriculture, competently 

carrying out the functions of my job, both its managerial and legal 

responsibilities. 

Senator BROWN. Okay. Let me talk about something you have 

done in your practice. Last year you were part of two briefs that 

supported efforts by the states of Ohio and North Carolina to deprive citizens of their right to vote. Senator Stabenow, the Ranking 

Member, mentioned this and did not have time to ask a question. 

I would like to. 

In the North Carolina case, the court found the State Legislature 

targeted ‘‘African Americans with almost surgical precision’’ in its 

efforts to deny the right to vote. In the Ohio case, the lower court 

found Ohio’s actions also targeted minorities. 

Mr. Vaden, I am deeply concerned you have been involved with 

efforts to deny minorities the right to vote and reduce access to the 

polls for everyone. I am concerned about what this might signal for 

USDA’s approach to these issues. What can you tell me—what can 

you tell the Committee—I mean, that is fact, that you were part 

of that. I would like you to answer, what can you tell the Committee about your client? Your client is the Judicial Education Network, your client in both these cases. What can you tell us about 

the Judicial Education Network? 

Mr. VADEN. Well, Senator, as you are aware, as an attorney I am 

covered by Rule 1.6 of the Rules of Professional Conduct, which require me to guard client confidences, both of current clients and 

former clients. With regard to your question about the Judicial 

Education Project, the information on the public record that was 

required to be submitted to the Court of Appeals for the Fourth 

Circuit, as well as the Court of Appeals to the Sixth Circuit, in the 

two cases that you note, list the information about the background 

and membership of that organization. That is a matter—— 

Senator BROWN. But what can you tell—— 
17 

Mr. VADEN. —of public record. 

Senator BROWN. —this Committee. Is the Judicial Education 

Network a nonprofit? 

Mr. VADEN. Senator, I do not have the information in front of 

me. 

Senator BROWN. You do not know? They funded your actions and 

you do not know if they are a nonprofit? 

Mr. VADEN. Senator, while—— 

Senator BROWN. You, a moment ago, Mr. Vaden, illustrated—I 

was about to say bragged—but illustrated that you were a competent manager for the last number of months, and you do not 

know if the group that funded you is a nonprofit? Do you know who 

funds the organization? Do you not know any of those things? 

Mr. VADEN. Senator, as an associate at a law firm it was my job 

to do the legal work that was assigned to me. It was not the job 

of an associate at a law firm to take care of billing practices. 

Senator BROWN. Well, I understand. You have such narrow intellectual curiosity that you were involved in a case that the court 

said—that targeted African Americans with surgical precision, affecting their right to vote, in Ohio the same kind of—the same kind 

of—roughly the same kind of language was used about targeting 

minorities—and you did not care enough or know enough. You are 

a smart guy. You are well educated. You are obviously a good lawyer. You did not have the—any of—you did not have any interest 

in knowing who was funding this and whether they were a not-forprofit? 

Mr. VADEN. Senator, first, thank you for the compliments. Second of all, as it refers to the Judicial Education Project, as you 

know, in both of those cases, its sole function was to file one amicus brief in each case, and I would note for the record that in the 

Ohio case the Sixth Circuit Court of Appeals disagreed with your 

characterization of the record—— 

Senator BROWN. Oh, I understand—— 

Senator BROWN. —the Sixth Circuit Court of Appeals. There is, 

coming out of the Federalist Society and others, a real effort to restrict the right to vote in this country. I know that. It is part of 

a political movement. I know that. I was Secretary of State of Ohio 

in the ’80s, and I know how we expanded the right to vote, and we 

encouraged people to register to vote. I know we are in a different 

time period now, after the Shelby case, and I know what a lot of 

young lawyers are trained to do about targeting right to vote. 

But you, again, did—is—who funded this group? I mean, do you 

now—do you honestly not know who funds the Judicial Education 

Network? Do you honestly not know whether they are a not-forprofit? 

Mr. VADEN. Senator, I would have to refer you to the information 

that was filed with the court which explains, on the public record, 

who was providing funding for the lawsuit. 

Senator BROWN. You cannot say to this Committee, yes, it is a 

not-for-profit, or no, it is not a not-for-profit? You cannot say—you 

cannot give me any indication in this hearing today who actually 

funds the Judicial Education Network? 

Mr. VADEN. Senator, I have not seen their organizational paperwork and I would not want to mislead you by speculating. 
18 

Senator BROWN. It is pretty troubling that you are—you seem so 

blissfully unaware of who funded that lawsuit that clearly was targeted to take people’s right to vote away. I am just stunned by 

that. 

Thanks, Mr. Chairman. 

Senator BOOZMAN. Thank you. Senator Ernst. 

Senator ERNST. Thank you, Mr. Chair. Thank you, gentlemen, for 

being here today. 

As both of you know, the ag economy is going through a bit of 

a slump, rivaled only by the farm crisis that we had in the 1980s. 

While we know that, on average, farm balance sheets are stronger 

than they were in the ’80s, decreasing land prices can change that 

in a hurry. 

I am especially concerned for some of the younger and smaller 

farmers who got their start in the past decade, veterans and other 

beginning farmers who have only known those good times of high 

commodity prices and they have not had a chance to pay off debt 

and build equity. I hear that all the time when I am out on my 

99-county tour, as you would know, Mr. Smith. 

So I would like to start with you, Mr. Smith. If you are confirmed 

to the FCA Board, what do you believe must be done to ensure that 

young and beginning farmers are receiving the support they need 

to avoid going under? 

Mr. SMITH. It is a frequent question that I have gotten in just 

about every Senate office that we have visited is how do we get 

young farmers involved, and as a lender, how do we stay secure 

and reliable and help mitigate that risk. 

One of the things I referred to a little earlier, and would refer 

to again, is partnerships with entities that are encouraging beginning farmers, FSA, for instance, that minimize capital requirements, that have lower interest rates, are ways of possibly Farm 

Credit partnering with other entities to make those loans and try 

to mitigate the risk at the same time. 

As you know, Iowa has been a very—has got some very good programs for beginning farmers, offering subsidies to owners that cooperate with renting land to beginning farmers, and also selling 

land to beginning farmers, if it is sold on a contract, anyway. 

So I think from the standpoint of Farm Credit, I think my role 

would be encouraging using additional programs to help mitigate 

risk, to help that risk with lower interest rates. But one thing, Senator Ernst, that does scare me—and again, not to be repetitive, but 

it is the high cost of capital—the land, the breeding livestock, the 

machinery, that does worry me, that we did not have in the ’80s. 

You know, $30,000 financed, really my beginning machinery package to farm 500 acres. Today, you can ask my son because that is 

his department, but I think it barely financed our GPS equipment. 

Senator ERNST. Right. 

Mr. SMITH. So a huge disparity in the amount of capital that is 

required today, and those beginning—just because you say yes to 

that loan does not mean it might be good for that young borrower. 

Diversification—and we talked in Senator Stabenow’s office a lot 

about this—is diversification, small loans, getting people started in 

a small way I think should be encouraged, maybe is one answer to 

help mitigate that risk. Making $10,000 loans, 20, $15,000 loans, 
19 

and getting people started maybe is better than that big loan that 

may be more efficient, but again, is it really serving the needs of 

those young farmers? 

Senator ERNST. That is a really great point, and in your testimony, you mentioned the economic prosperity of farming communities in 2006 to 2013, that time frame, and the spending habits 

it led to that may no longer be supportable. How concerned are you 

that too many farmers are over-leveraged if interest rates continue 

to rise? 

Mr. SMITH. Very concerned. Very concerned. Even a minimal 

two-point rise in interest rates would significantly impact operating 

budgets, again, getting back to the high cost of capital that we are 

working with today. 

Again, getting back to the diversification part, back in my parents’ generation, pigs, cattle, chickens—that was diversity on farms 

even I grew up with. Today I say an intelligent, working wife is 

the best diversification, hopefully with insurance benefits, right? 

But the point being—and you can ask Fauzan and I, and I know 

you have, because we lived with that, is taking care of those family 

living expenses and not having to serve those in addition to paying 

your loan obligations. 

So a lot of counseling. I think the opportunity in Farm Credit 

with beginning farmers would be a lot of counseling on different 

ideas to survive, not just making the loan. 

Senator ERNST. I appreciate that, and I do think that is essential, the counseling aspect of that. We were laughing about having 

a spouse that maybe works outside of the home, but that is truly 

how many of our farm families are able to survive, especially with 

the crisis that we are seeing with health insurance right now, especially in Iowa. 

Mr. SMITH. Yes. 

Senator ERNST. So thank you, Mr. Smith, so much, for your time. 

Thank you, Mr. Vaden, for being here as well. 

Thank you, Mr. Chair. 

Senator BOOZMAN. Thank you, and next is a former House colleague of mine, Senator Van Hollen. 

Senator VAN HOLLEN. Thank you. Thank you, Mr. Chairman. 

Thank you and the Ranking Member, and welcome, Mr. Smith and 

Mr. Vaden. 

Mr. Vaden, I do want to follow up on some of the concerns that 

have been raised by Senator Stabenow and Senator Brown regarding your representation in some of these voting rights cases, because I think compared to many of your predecessors in this position, as General Counsel, who had experience in the agricultural 

law or natural resources area, you have not had that experience in 

that area. You have had, and done a lot of work in these voting 

rights cases. 

So my first question is, when it came to the North Carolina case, 

I know the Judicial Education Project was a party. Did they pay 

Jones Day in full for that, or was it taken on in part as a part— 

a discounted rate? Do you know whether or not they paid the firm 

in full? 

Mr. VADEN. Senator, as I mentioned in response to my question—to the question from Senator Brown, as an associate I did not 
20 

have access, nor did I participate in the billing function of the firm. 

So that was solely with partners, so I do not know the rate they 

were charged and I do not know their payment status and am unable to comment. 

Senator VAN HOLLEN. Okay. Now, so, you and I share the experience of having been associates in a law firm. Jones Day, of course, 

is a big law firm. It was my experience that in a case like these, 

that if an associate indicated that they did not want to participate, 

the firm would certainly defer to those associate wishes. Did you 

express any concern or—about participating in these cases to your 

partners at Jones Day? 

Mr. VADEN. Senator, my ethical responsibility as a lawyer is to 

represent every client with ethical propriety and zealousness. 

Senator VAN HOLLEN. That was—Mr. Vaden, that is not my 

question. The firm—these were clients of the firm. The first has— 

like Jones Day has hundreds of associates. It happens that you 

were involved in cases on behalf of the Judicial Education Project 

in North Carolina, Ohio, and Virginia. Is that correct? 

Mr. VADEN. That is correct, Senator. 

Senator VAN HOLLEN. So you, at no time, expressed to the partners the fact that you did not want to participate in these cases, 

I assume. Right? 

Mr. VADEN. I did not, just as I did not, Senator, express displeasure about representing multiple labor union to protect the 

rights of their members or any of the other cases for which I 

was—— 

Senator VAN HOLLEN. Are you familiar with the Judicial Crisis 

Project? 

Mr. VADEN. I am aware of the name but I cannot claim to be familiar with it. 

Senator VAN HOLLEN. Okay. So you have had no kind of affiliation or participation in any way with that group. 

Mr. VADEN. The Judicial Crisis Project? 

Senator VAN HOLLEN. Yes. 

Mr. VADEN. No, sir. I do not believe I have. 

Senator VAN HOLLEN. So in the North Carolina case—and you 

mentioned a number of cases where you had, for example, defended 

clients’ due process rights against the government-- 

Mr. VADEN. Yes. 

Senator VAN HOLLEN. —and I think that is a worthy thing. Now, 

of course, in the case of North Carolina, you were on the opposite 

side, right? You were defending the State of North Carolina and 

the Education Project as an amicus—amicus filing—against claims 

from the defendants that their due process rights had been violated. Right? 

Mr. VADEN. The job of an amicus is to make a legal point. 

Senator VAN HOLLEN. I know. I know what the job of amicus is. 

I have got your amicus brief here. The North Carolina—the U.S. 

Court of Appeals in this case, in North Carolina, found, and I 

quote, ‘‘The General Assembly enacted legislation that restricted 

voting and registration in five ways, all of which disproportionately 

affected African Americans.’’ They went on to say, ‘‘We can only 

conclude that the North Carolina General Assembly enacted the 

challenge provisions of the law with discriminatory intent.’’ 
21 

You all wrote in your brief that ‘‘North Carolina allows all its 

citizens to vote, although members of minority races may disproportionately choose, for socioeconomic or other reasons, not to 

take advantage of this equal opportunity. North Carolina’s practices are not the proximate cause of this phenomenon.’’ 

Now clearly the court, both the District Court and the Court of 

Appeals concluded very differently. My question to you is, now, 

stepping back, given the full scope of this case, having now heard 

all the arguments and seen the decisions from the Circuit Court, 

do you agree with the finding of the Court of Appeals, that, in fact, 

the North Carolina law was discriminatory? 

Mr. VADEN. Senator, the ruling of the court is the final decision 

of the court, and that is what the law—that is what they—— 

Senator VAN HOLLEN. Mr. Vaden, I understand what the law is. 

The law of the land is citizens united. I disagree with the decision. 

I am asking you whether, in the full light of being able to look 

back, whether you agree with the finding of the Circuit Court, that 

the North Carolina law was discriminatory? 

Mr. VADEN. I respect the ruling of the court. 

Senator VAN HOLLEN. So you choose not to answer that direct 

question. 

Mr. VADEN. Senator, I have a duty of fidelity to former clients, 

under Rule of Professional Conduct 1.6. I also have a duty to respect the final ruling of each and every court in which I am involved in litigation. I take both responsibilities very seriously. 

Senator VAN HOLLEN. Thank you. Thank you, Mr. Chairman. 

Senator BOOZMAN. Thank you, Senator. Our Senator from Michigan. 

Senator STABENOW. Thank you, Mr. Chairman. I welcome our 

guests again and I have completed my questions. Thank you. 

Senator BOOZMAN. Thank you so much. That will conclude our 

hearing today. I thank the nominees for their thoughtful comments 

and their engagement with the members of this Committee. I also 

thank all of you for your willingness to advocate for American 

farmers and ranchers as USDA and Farm Credit. 

The answers you provide today will be considered as we move to 

approve your nominations in the near future. To that end, I would 

request that if my fellow members have any additional questions 

for the record that they may be submitted to the Committee Clerk 

by 2:00 p.m. Monday, November 13th. We look forward to receiving 

your responses in a timely fashion and to further consider your 

nominations. 

The Committee will be adjourned. 

[Whereupon, at 10:41 a.m., the Committee was adjourned.] 

(23) 

A P P E N D I X 

NOVEMBER 9, 2017 
24 

Introduction 

(Written Statement) 

Glen R. Smith 

Chairman Roberts, Ranking Member Stabenow, and Members of the 

committee, my name is Glen R. Smith of Atlantic, Iowa. This past September, 

President Trump nominated me to serve on the board of the Farm Credit 

Administration. I am humbled by the honor of this nomination, but also sobered 

by the huge responsibility, if confirmed, of having a role in ensuring that American 

agriculture continues to have a source for reliable, secure credit. I felt it was 

important for most of my immediate family to be here to witness and experience 

the magnitude of that responsibility. 

( Introduction of Family) 

As an active farmer, ag-businessman and even dating back to my AgFinance class days at Iowa State I.Jniversity, I have understood the important role 

of the Farm Credit Administration in setting policy, examining and regulating our 

nation's largest agricultural lender, the Farm Credit System. I also understand that 

the health of American agriculture is critically dependent upon a healthy, viable 

Farm Credit System. 

What I would hope to bring to the board is a keen sense of agricultural 

cycles throughout modern history (economic booms and busts) and the 

challenges those cycles place on dependable, safe sources of credit. In my 

lifetime, I have lived through the boom 70's and struggled to survive in the mid to 

late 80's, only to prosper exponentially in the last 20 plus years. With the 

alarmingly advanced average age of the American farmer, we cannot afford to 

lose a generation of agriculturalists like we did in the 80's. Farm Credit can play a 

key role in supporting young farmers like my son who is 27 or my daughter and 

son-in-law who are in their early 30's, both of whom are just entering the growth, 

risk-prone stage of their production agriculture careers. 

As a life-long agriculturalist, I have always considered myself to be an 

optimist. However, I do have to confess that I am very concerned about the 

current agricultural outlook, particularly with younger, risk-prone producers. Land 

is typically the dominate asset on a farmer's balance sheet. In the Midwest, we've 

already seen a 15-20% erosion in land values over the last several years. A further 

15-20% erosion in land values is not out of the realm of possibility, which would 
25 

throw financial ratios into a danger category. The economic prosperity enjoyed 

2006-2013 has contributed to spending habits in the farming community that may 

no longer be supportable. Low interest rates have camouflaged the difficulty in 

paying back principle with after tax dollars on high price machinery and land. 

Given the highly capitalized nature of agriculture, an uptick of only a few 

percentage points in interest rates would significantly and negatively impact farm 

net operating income. We're a long ways from crisis management as experienced 

in the 80's; however, out of love for this wonderful industry, I would be a strong 

advocate for caution within the Farm Credit System. 

Being selected as a board member to the Farm Credit Administration would 

represent one of the greatest challenges of my life, but also potentially, one of 

the most rewarding. I feel! would be a reliable, honest representation of 

American agriculture and have a vision for its future that has defined my own life. 

My wife and I feel the time is right in our lives for a transition from the private 

sector to public service. We are financially secure and our four grown children 

have all graduated from state universities. Our youngest son has been actively 

involved in our farm operation anp businesses for several years and is well 

prepared to assume leadership responsibilities as I plan to resign from those 

entities. 

It won't be an easy transition, moving away from the land and community 

that has defined our life's work and love. Hopefully, our positive contribution to 

public service can offset that severance. Again, I thank you for considering me for 

this tremendous opportunity, and look forward to answering your questions. 
26 

Written Remarks of Stephen Alexander Vaden 

U.S. Department of Agriculture General Counsel Nominee 

before the 

United States Senate Committee on Agriculture, Nutrition & Forestry 

November 9, 2017 

Mr. Chairman, Ranking Member Stabenow, and members of the Committee, it is an honor 

to come before you today as the President's nominee to serve as General Counsel for the United 

States Department of Agriculture. Before I respond to your questions, I wish to spend a few 

moments to tell you about my background and why the President's nomination - and Secretary 

Perdue's unwavering confidence- are so personally meaningful to me. 

I come from a farming family. My father, John Marshall Vaden, was born on a farm in 

rural Obion County, Tennessee, in April 1918 and engaged in farming his whole life. Following 

his death two years ago, my brother and I learned that one of the family farms we inherited had 

been in the family since the early 1800s, as it appears in exactly its current dimensions on the 

original map of Fulton County, Kentucky, with the name of my ancestor handwritten across its 

plat. 

It was the profits my Father reaped that paved the way for me to come before you today. 

Those profits, wisely invested over time, paid for the exorbitant tuition charged by Vanderbilt 

University and Yale Law School. They made it possible for me to delay entering the private 

practice of law so that I could clerk for two of our nation's finest federal judges -Julia Smith 

Gibbons of the United States Court of Appeals for the Sixth Circuit and Samuel H. Mays, Jr., of 

the United States District Court for the Western District of Tennessee. They supported my move 

to the much more expensive Washington, D.C., area, where I entered the ptivate practice oflaw 
27 

first at the finn of Patton Boggs and later at the finn of Jones Day. I therefore need no refresher 

course on why low connnodity prices are harmful to the futures of rural communities. 

As I am nominated for the role of U.S. Department of Agriculture General Counsel, it is 

important to spend a moment reviewing my legal experience. My practice has focused primarily 

on three main areas: litigation, particularly appellate litigation; administrative law; and regulatory 

compliance. These happen to be three of the principal areas of focus for any departmental general 

counsel. The briefs I have drafted and the cases I have argued have covered areas oflaw as diverse 

as the procedural requirements of the Administrative Procedure Act, the confines of the First 

Amendment's protections, the transparency requirements imposed on agencies by the Freedom of 

Information Act, the fiduciary duties of corporate officers, and the procedural protections provided 

to union members to safeguard union elections- to name just a few. 

My practice thus has focused on making certain the govemment and others in positions of 

power follow the legal guidelines meant to guarantee due process of law. Having been on the 

other side of the "v" from the govemment in litigation, I can understand the trepidation citizens 

feel when they must challenge a govemmental decision. It is the job of the General Counsel to 

keep the govemment to its word by requiring the Department to follow its constitutional, statutory, 

and regulatory responsibilities. I believe that a General Counsel can be considered to have done 

well if producers can say that, while they did not always agree with the Department's decisions, 

they felt their concerns were heard; and the Depariment treated them fairly. If confirmed, this is 

the goal I aim to meet. 

I would be remiss if! did not mention that, for the past eleven months, I have served in the 

Office of General Counsel first as a senior adviser and, since March 1 7, as the principal deputy 

general counsel. 
28 

Every day I have the high honor of working with 203 of the finest attorneys in America to 

perform the legal work necessary to allow rural America to thrive once again. They are joined by 

54 support staff, without whom, none of us attorneys could get anything done. As the members 

of this Committee know all-to-well, the men and women of the Office of the General Counsel are 

committed to providing legal advice in a timely and professional manner. Equally as important, 

the Office provides that advice with the accumulated knowledge of the challenges that our 

producers face to grow the food and fiber that powers America. It is a special charge that each 

member of the Office takes seriously including myself. 

As I mentioned at the opening of my remarks, my Father was a farmer. Throughout his 

life, he also was a grocer, an investor, and a real estate developer. But it was the title of farmer of 

which he was most proud. I know this because he placed that title- "Farmer"- below his name 

on every check I ever saw him sign. The last three checks he ever signed hang on my wall, framed, 

as a reminder of the responsibilities I bear as principal deputy general counsel to ensure that 

America's producers are treated fairly, equitably, and in accordance with the law. Should the 

Senate confirm me as General Counsel, I commit to you to carry out the responsibilities of that 

office with this same, very personal, commitment. 

Thank you, once again, for the opportunity to come before you today. I look forward to 

answering your questions. 
(29) 

DOCUMENTS SUBMITTED FOR THE RECORD 

NOVEMBER 9, 2017 
Nominee Report I U.S. Office of Government Ethics; 5 C.F.R. part 2634 I Form Approved: OMB No. (3209-0001) (March 2014) 

Executive Branch Personnel Public Financial Disclosure Report (OGE Form 278e) 

Filer's Information 

Smith, Glen Richard 

Board Member, Farm Credit Administration 

Other Federal Government Positions Held During the Preceding 12 Months: 

None Names of Congressional Committees Considering Nomination: 

• Committee on Agriculture, Nutrition, and Forestry 

Electronic Signature- I certify that the statements I have made in this form are true, complete and correct to the best of my knowledge. 

lsi Smith, Glen Richard [electronically signed on 06/05/2017 by Smith, Glen Richard in lntegrity.gov] 

Agency Ethics Official's Opinion- On the basis of information contained in this report, I conclude that the filer is in compliance with applicable laws and 

(subject to any comments below). 

Is/ Shebest, Philip J, Certifying Official [electronically signed on 09/15/2017 by Shebest, Philip J in lntegrity.gov] 

Other review conducted by 

Is/ She best, Philip J, Ethics Official [electronically signed on 09/15/2017 by Shebest, Philip J in lntegrity.gov] 

U.S. Office of Government Ethics Certification 

lsi Apol, David, Certifying Official [electronically signed on 09/22/2017 by Apol, David in lntegrity.gov] 
1. Filer's Positions Held Outside United States Government 

# ORGANIZATION NAME CITY, STATE ORGANIZATION POSITION HELD FROM 

TYPE 

Smith Land Service Co. 

2 Smith Generation Farms, Inc. 

3 S&K Land Co. Atlantic, Iowa Limited Liability Member 12/2003 

Company Manager 

2. Filer's Employment Assets & Income and Retirement Accounts 

# DESCRIPTION ElF VALUE INCOME TYPE INCOME 

AMOUNT 

Smith Land Service Co. (Farmland Services) N/A $100,001- Salary plus $109,759 

$250,000 dividends. 

----- -------

2 N/A $1,000,001 - None (or less 

all $5,000,000 than $201) 

3 S&K Land Co., 50% ownership in a real See Endnote No None (or less $15,001-

estate holding company. than $1,001) $50,000 

4 VANGUARD INTL EQUITY ET INDEX FDS Yes None (or less None (or less 

than $1,001) than $201) 

5 VANGUARD TOTAL WORLD ET STOCK INDEX Yes $1,001-$15,000 

FUND 

6 CAPITAL WORLD GROWTH & INCOME FD Yes $1,001-$15,000 

INCOME CLASS A 

7 BOARDWALK PIPELINE PARTNERS LP N/A None (or less Capital Gains $201 - $1,000 

than $1,001) 

8 FIDELITY ADVISOR VII EMERGING ASIA FD Yes $201 - $1,000 

9 PIMCO INCOME OPPT'Y FUND Yes None (or Jess $201 - $1,000 

than $1,001) 
3. Filer's Employment Agreements and Arrangements 

# EMPLOYER OR PARTY CITY, STATE 

Smith land Service Co Atlantic, Iowa 

2 Smith Generation Farms, Inc Atlantic, Iowa 

4. Filer's Sources of Compensation Exceeding $5,000 in a Year 

# SOURCE NAME CITY, STATE 

STATUS AND TERMS 

I will resign from my position with this entity but 

other officers will continue to operate it ana I will 

retain a passive investment with this entity. Before I 

assume the duties of the position of Board Member, 

my son, Peter T. Smith, will be named President of 

the business. Additionally, all client fees will be fixed 

before I assume the duties. 

I will resign from my position as President but will 

retain a passive investment interest in this entity. I 

will not provide any services material to the 

production of income. 

BRIEF DESCRIPTION OF DUTIES 

Smith Land Service Co. See Endnote Atlantic, Iowa Administrative, Farm on:m;;,apm,mr 

2 S&K land Co. See Endnote Atlantic, Iowa Co-Owner (50%) Land Improvement, Acquisition and Exc

5. Spouse's Employment Assets & Income and Retirement Accounts 

# DESCRIPTION ElF VALUE INCOME TYPE INCOME 

AMOUNT 

Smith Land Service Co. (Farm land sales, N/A 

management and appraisal) 

2 Rodan and Fields See Endnote N/A 

3 Cass County Memorial HosJlital, defined N/A Retirement benefit plan (value not rea ily ascertainable) Payments 

----

4 AMERICAN CAPITAl INCOME BUILDER FUND Yes $1,001 - $15,000 $201 - $1,000 
# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOUN

5 AMERICAN FUNDAMENTAL INVESTORS Yes $1,001-$15,000 $201-$

FUND 

6 AMERICAN FUNDS WA MUT INVS Yes $201 -$

7 AMERICAN GROWTH FUND OF AMERICA Yes $1,001-$15,000 $201 - $

8 AMERICAN INCOME FUND OF AMERICA Yes $1,001-$15,000 $201 - $

9 EUROPACIFIC GROWTH FUND Yes $1,001 - $15,000 None (o

than $2

10 FRANKLIN LOW DURATION TOTAL RETURN Yes $1,001-$15,000 

FUND 

11 MORGAN MID CAP VALUE FUND Yes $1,001-$15,000 $201-$

12 VICTORY SYCAMORE SMALL COMPANY Yes $1,001-$15,000 $201 - $

OPPT'Y FUND 

6. Other Assets and Income 

# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOUN

---

Commercial Real Estate, Atlantic, Iowa N/A $100,001 - $15,00

$250,000 $50,000 

2 Farmland, Cass County, Iowa, leased for N/A $250,001 - Rent or $5,001 

cash rent $500,000 Royalties 

7. Transactions (N/A)- Not required for this type of report 

8. Liabilities 
# CREDITOR NAME 

Agri-Financial 

9. Gifts and Travel Reimbursements 

(N/A)- Not required for this type of report 

Endnotes 

PART # 

2. 3 

4. 4. 2 

5. 2 

ENDNOTE 

TYPE AMOUNT 

Mortgage $500,001 - (investment/ren $1,000,000 

tal property) 

YEAR 

INCURRED 

2014 

LLC dissolved in 

* Commercial rE *Farmland, Cross 

held the following properties: 

Atlantic, Iowa; 

Iowa 

RATE T

4.67% 1

I did not services to any clients who paid more than $5000 in any year 

services 2015. 

I did not 

services 

services to any clients who paid more than $5000 in any y

2015. 

Consultant relationship is ongoing. 
Summary of Contents 

1. Filer's Positions Held Outside United States Government Part 1 discloses positions that the filer held at any time during the reporting period (excluding positions with the United States Government). Positions 

even if the filer did not receive compensation. 

This section does not include the following: (1) positions with religious, social, fraternal, or political organizations; (2) positions solely of an honorary na

held as part of the filer's official duties with the United States Government; (4) mere membership in an organization; and (5) passive investment interes

partner or non-managing member of a limited liability company. 

2. Filer's Employment Assets & Income and Retirement Accounts 

Part 2 discloses the following: 

• Sources of earned and other non-investment income of the filer totaling more than $200 during the reporting period (e.g., salary, fees, partnership 

honoraria, scholarships, and prizes) 

• Assets related to the filer's business, employment, or other income-generating activities that (1) ended the reporting period with a value greater th

produced more than $200 in income during the reporting period (e.g., equity in business or partnership, stock options, retirement plans/accounts 

underlying holdings as appropriate, deferred compensation, and intellectual property, such as book deals and patents) 

This section does not include assets or income from United States Government employment or assets that were acquired separately from the filer's bu

employment, or other income-generating activities (e.g., assets purchased through a brokerage account). Note: The type of income is not required if th

income is $0- $200 or if the asset qualifies as an excepted investment fund (ElF). 

3. Filer's Employment Agreements and Arrangements 

Part 3 discloses agreements or arrangements that the filer had during the reporting period with an employer or former employer (except the United S

Government), such as the following: 

Future employment 

Leave of absence 

Continuing payments from an employer, including severance and payments not yet received for previous work (excluding ordinary salary from a c

Continuing participation in an employee welfare, retirement, or other benefit plan, such as pensions or a deferred compensation plan 

Retention or disposition of employer-awarded equity, sharing in profits or carried interests (e.g., vested and unvested stock options, restricted stoc

a company's profits, etc.) 

4. Filer's Sources of Compensation Exceeding $5,000 in a Year 

Part 4 discloses sources (except the United States Government) that paid more than $5,000 in a calendar year for the filer's services during any year of 

period. 
The filer discloses payments both from employers and from any clients to whom the filer personally provided services. The filer discloses a source even 

made its payment to the filer's employer and not to the filer. The filer does not disclose a client's payment to the filer's employer if the filer did not provi

for which the client is paying. 

5. Spouse's Employment Assets & Income and Retirement Accounts 

Part 5 discloses the following: 

• Sources of earned income (excluding honoraria) for the filer's spouse totaling more than $1,000 during the reporting period (e.g., salary, consulting 

partnership share) 

• Sources of honoraria for the filer's spouse greater than $200 during the reporting period 

• Assets related to the filer's spouse's employment, business activities, other income-generating activities that (1) ended the reporting period with a va

than $1,000 or (2) produced more than $200 in income during the reporting period (e.g., equity in business or partnership, stock options, retiremen

and their underlying holdings as appropriate, deferred compensation, and intellectual property, such as book deals and patents) 

This section does not include assets or income from United States Government employment or assets that were acquired separately from the filer's spo

employment, or other income-generating activities (e.g., assets purchased through a brokerage account). Note: The type of income is not required if the 

income is $0- $200 or if the asset qualifies as an excepted investment fund (ElF). Amounts of income are not required for a spouse's earned income (exc

honoraria). 

6. Other Assets and Income 

Part 6 discloses each asset, not already reported, that (1) ended the reporting period with a value greater than $1,000 or (2) produced more than $200 in 

income during the reporting period. For purposes of the value and income thresholds, the filer aggregates the filer's interests with those of the filer's sp

dependent children. 

This section does not include the following types of assets: (1) a personal residence (unless it was rented out during the reporting period); (2) income or 

benefits associated with United States Government employment (e.g., Thrift Savings Plan); and (3) cash accounts (e.g., checking, savings, money market a

single financial institution with a value of $5,000 or less (unless more than $200 of income was produced). Additional exceptions apply. Note: The type of 

required if the amount of income is $0- $200 or if the asset qualifies as an excepted investment fund (ElF). 

7. Transactions 

Part 7 discloses purchases, sales, or exchanges of real property or securities in excess of $1,000 made on behalf of the filer, the filer's spouse or depend

reporting period. 

This section does not include transactions that concern the following: (1) a personal residence, unless rented out; (2) cash accounts (e.g., checking, saving

market accounts) and money market mutual funds; (3) Treasury bills, bonds, and notes; and (4) holdings within a federal Thrift Savings Plan account. Add

exceptions apply. 
8. Liabilities 

Part 8 discloses liabilities over $10,000 that the filer, the filer's spouse or dependent child owed at any time during the reporting period. 

This section does not include the following types of liabilities: (1) mortgages on a personal residence, unless rented out (limitations apply for PAS filers); (

secured by a personal motor vehicle, household furniture, or appliances, unless the loan exceeds the item's purchase price; and (3) revolving charge acc

credit card balances, if the outstanding liability did not exceed $10,000 at the end of the reporting period. Additional exceptions apply. 

9. Gifts and Travel Reimbursements 

This section discloses: 

• Gifts totaling more than $37S that the filer, the filer's spouse, and dependent children received from any one source during the reporting period. 

• Travel reimbursements totaling more than $375 that the filer, the filer's spouse, and dependent children received from any one source during the re

For purposes of this section, the filer need not aggregate any gift or travel reimbursement with a value of $150 or less. Regardless of the value, this secti

include the following items: (1) anything received from relatives; (2) anything received from the United States Government or from the District of Columb

local governments; (3) bequests and other forms of inheritance; (4) gifts and travel reimbursements given to the filer's agency in connection with the file

(5) gifts of hospitality (food, lodging, entertainment) at the donor's residence or personal premises; and (6) anything received by the filer's spouse or dep

totally independent of their relationship to the filer. Additional exceptions apply. 
Privacy Act Statement 

Title I of the Ethics in Government Act of 1978, as amended (the Act). 5 U.S.C. app. § 101 et seq .• as amended by the Stop Trading on Congressional Know

2012 (Pub. L. 112-1 05) (STOCK Act), and 5 C.F.R. Part 2634 of the U.S. Office of Government Ethics regulations require the reporting of this information. T

of the information on this report is for review by Government officials to determine compliance with applicable Federal laws and regulations. This repor

disclosed upon request to any requesting person in accordance with sections 105 and 402(b)(1) of the Act or as otherwise authorized by law. You may in

applications for public access of your own form upon request. Additional disclosures of the information on this report may be made: (1) to any requestin

subject to the limitation contained in section 208(d)(1) of title 18, any determination granting an exemption pursuant to sections 208(b)(1) and 208(b)(3) o

a Federal, State, or local law enforcement agency if the disclosing agency becomes aware of violations or potential violations of law or regulation; (3) to a

agency, court or party in a court or Federal administrative proceeding when the Government is a party or in order to comply with a judge-issued subpoe

source when necessary to obtain information relevant to a conflict of interest investigation or determination; (5) to the National Archives and Records Ad

the General Services Administration in records management inspections; (6) to the Office of Management and Budget during legislative coordination on 

legislation; (7) to the Department of justice or in certain legal proceedings when the disclosing agency, an employee of the disclosing agency, or the Unite

party to litigation or has an interest in the litigation and the use of such records is deemed relevant and necessary to the litigation; (8) to reviewing officia

office, department or agency when an employee transfers or is detailed from one covered position to another; (9) to a Member of Congress or a congres

response to an inquiry made on behalf of an individual who is the subject of the record; (1 0) to contractors and other non-Government employees work

contract, service or assignment for the Federal Government when necessary to accomplish a function related to an OGE Government-wide system of rec

on the OGE Website and to any person, department or agency, any written ethics agreement filed with OGE by an individual nominated by the President 

requiring Senate confirmation. See also the OGE/GOVT-1 executive branch-wide Privacy Act system of records. 

Public Burden Information 

This collection of information is estimated to take an average of three hours per response, including time for reviewing the instructions, gathering the da

completing the form. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for redu

burden, to the Program Counsel, U.S. Office of Government Ethics (OGE), Suite 500, 1201 New York Avenue, NW., Washington, DC 20005-3917. 

Pursuant to the Paperwork Reduction Act, as amended, an agency may not conduct or sponsor, and no person is required to respond to, a collection of 

unless it displays a currently valid OMB control number (that number, 3209-0001, is displayed here and at the top of the first page of this OGE Form 278
39 

Philip J. She best 

Designated Agency Ethics Official 

Farm Credit Administration 

1501 Farm Credit Drive 

Mclean, VA 22102 

Dear Mr. She best: 

The purpose of this letter is to describe the steps that I will take to avoid any actual or apparent 

conflict of interest in the event that I am confirmed for the position of Board Member, Farm 

Credit Administration. 

As required by 18 U.S.C. § 208(a), I will not participate personally and substantially in any 

particular matter in which I know that I have a financial interest directly and predictably 

affected by the matter, or in which I know that a person whose interests are imputed to me has 

a financial interest directly and predict_ably affected by the matter, unless I first obtain a written 

waiver, pursuant to 18 U.S.C. § 208(b)(1}, or qualify for a regulatory exemption, pursuant to 18 

U.S. C. § 208(b)(2). I understand that the interests of the following persons are imputed to 

me: any spouse or minor child of mine; any general partner of a partnership in which I am a 

limited or general partner; any organization in which I serve as officer, director, trustee, general 

partner, or employee; and any person or organization with which I am negotiating or have an 

arrangement concerning prospective employment. 

I am President of an S Corp doing business as Smith Land Service Co., which manages the 

officers' consulting work. Upon confirmation, I will resign from my position with this entity but 

other officers will continue to operate it. Before I assume the duties of the position of Board 

Member, my son, Peter T. Smith, will be named President of the business. Because I will retain 

a passive investment interest in this entity, I will not participate personally and substantially in 

any particular matter that to my knowledge has a direct and predictable effect on the financial 

interests of Smith Land Service Co., unless I first obtain a written waiver, pursuant to 18 U.S. C.§ 

208(b)(1). All amounts owed to me by my clients will be fixed before I assume the duties of the 

position of Board Member, and I will not participate personally and substantially in any 

particular matter that has a direct and predictable effect on the ability or willingness of any 

client to pay the agreed upon amount. In addition, I will not participate personally and 

substantially in any particular matter involving specific parties in which I know a client of mine 

is a party or represents a party for a period of one year after !last provided service to that 

client, unless I am first authorized to participate, pursuant to 5 C.F.R. § 2635.502(d). I also will 

not participate personally and substantially in any particular matter involving specific parties in 

which I know a client of Smith Land Service Co is a party or represents a party, unless 1 am first 

authorized to participate, pursuant to 5 C.F.R.§ 2635.502(d). 
40 

l arn President of Sn1ith Generat~on Farrns/ lnc. Upor; confirmation~ : -...vHl resign from my 

position as PresidEnt. l wHi continue to have a financ1al interest in this entitV1 but! \<Vlil not 

providt:: services material to the production o{ i'"'JCO;T;e_ ~!"t5:ttad, i wiH receive oniv passive 

!nvestment income from rt. i 1tvW not partidpate personally and substantiaHv in any particuiar 

rn-atte:r that to my knov-~riedge has a d~;ect and predktabh~ effect on the finanr.:at interests of 

Smith Ge0er2Iion Farms .. inc., unless 1 first cbta~il a vv~·itten \\l31ver_ pursu.:1rtt to J.8 U.S.C. 

§ 2Q8{b){l), 

i have a m:a0aged account or otherwise :1se the sen/c:es of an invescment professional dur\ng 

rny appointment, i will ensure that the account manager or Irwes.trr:ent professional obtains rrP:/ 

prior approvai on 3 case~by-case basis for the pun::hase of a0y assets other th3n cash, cash 

equfvaients, lnt·estrnent funds that quaHfv for the exemption at 5 C.F .R. § 2640.201(2}, 

obflg2tlo:!s nf the- un:ted Stotesl or munldpc! bc,n,ds. 

i cutre;1tly hdve personal farf:"l mort~age that w2s sold to J.\gri-Flnanci:at .. an entity that dots 

~usines; vvith F3tmer iVisc l p!a;~ at. r~f!nandng thls rnortgage 'vvith ar: ins.t!tutto;, not affmate.d 

v·Jfth the Farm Credit Svsterr~ before! assur!le the duties of the position of Board fv1ember. tf 

the ref:n.anch;g does not take place: befor-e th:at have been advised that the dutles of tf1e 

posltion of Board fV1ernber mav involve ~::rarc;cula; rr:2tters affecting H:e ffnanc.ial jnterests of 

_t..gr~-FinandaL Hov~1everJ the iikel!f:ood that r:.y duties involve any such 1nattcr is :emctt~. 

,;:\cr::.:;rdingiy, regarding Agri-Fir;anda!, ~ot pa:t~c:pate personaHy and substar1tialiy fn any' 

;::;3tticu1cr rrratte.r that to rnv kno\.,v!er.?ge ':as dl;·eci. a.'ld p:edlctabie effect on the creditor's 

ability or :.vi!lingness to coi!eci: the debt cr o~ the zrnour;t terms cf the loan~ :1rdess: first 

vbtair. a 'i'iritten wai;.:et, pu:~suar;t to !8 U-S. C.§ 208{:::;(1 L cr quaHfv for 2 regulatory 

i:~<ernpilOt\ to 18 U.S. C.§ 208{b)(2f. 

;r:eet !n person vcu during the fir::t \veek of n·iy service in -the posftior of Board 

~/!ember in crder to cornp!ete the lniti:a! eth!cs briefing required under 5 C.F.R. § 2638.305. 

'l.Jii hin 90 days of my confirmation, ! docurnent :nv cornp!iance 'i>vith this ethics agreement 

! ha·,;e completed t~--:e steps described ln this e:th;c.s agreernen:.. 

I Ufiderstand that as an ap;.:rolntee i 

13770} and !h.at i be bour1d by the ;-eqJ;rcments and restrictions thertin in addit}or; to the 

C()n:rnftto1ents 1 have rndde this ethics 2gree0H:!r~t. 

: have been 2dvised that thl$ ethics agreement be oosted publ!clv~ ::onsl:stent \·vlth 5 U.S.C.. 

§ 532, o;o; the website of i:+te U.S. Office of Governtne;;-t Eth!cs vvith eth~cs agreements of other 

fie pub!ic ?inancia! disdcsure reports. 
41 

UNITED STATES OFFICE OF 

GOVERNMENT ETHICS 

* 

The Honorable Pat Roberts 

Chainnan 

Committee on Agricultm·e, Nutrition, 

and Forestry 

United States Senate 

Washington, DC 20510 

Dear Mr. Chairman: 

September 22, 2017 

In accordance witb the Ethics in Government Act of 1978, I enclose a copy of the 

financial disclosure report tiled by Glen Smith, who has been nominated by President Trump for 

the position of Board Member, Farm Credit Administration. 

Vv'c have reviewed the report and have obtained advice from the agency concerning any 

possible conflict in light of its functions and the nominee's proposed duties. Also enclosed is an 

ethics agreement outlining the actions that the nominee will undertake to avoid conflicts of 

interest. Unless a date for compliance is indicated in the ethics agreement, the nominee must 

fully comply within three months of confim1ation with any action specified in the ethics 

agreement. 

Based thereon, we believe that this nominee is in compliance with applicable laws and 

regulations governing conflicts of interest. 

Sincerely, 

DAVTDAPOL 

David J. Apol 

Acting Director and General Counsel 

Enclosures 

1201 NEW YORK AVE NW,SUITE SOO•WASHINGTON DC·20005 * * * * 
42 

Mr. Glen R. Smith 

54939 Buck Creek Road 

Atlantic, Iowa 50022-8203 

November 3, 2017 

The Honorable Pat Roberts, Chairman 

U.S. Senate Committee on Agriculture, Nutrition 

& Forestry 

328A Russell Senate Office Building 

Washington, DC 20510-6000 

Dear Chairman Roberts: 

As required of all nominees, five-days prior to the confirmation hearing, I am writing to update 

my financial information that I provided to the Committee on October 8, 2017. Nothing has 

changed in my finances or holdings, and I have not received any additional honoraria since my 

earlier submission. 

Thank you. 

Sincerelyyours, ~-----------

/~ (>_ ~.- / ~C- . 

Glen R. Smith 
43 

U.S. Senate Committee on Agriculture, Nutrition & Forestry 

Questions for Executive Nominees 

115th Congress 

Addendum 

Question 6 (A) 

I will resign my position of Township Trustee upon confirmation to the Farm Credit 

Administration Board. 

Question 6 (B)-

Senator Charles Grassley (In-kind Co-host Event)- August 10, 2016 

Senator Charles Grassley- made 8 fund raising contacts (by phone and In-person) for the 

event 

Senator Joni Ernst (In-kind Host Event)- October 23, 2014 

Senator Joni Ernst- made 39 fundraising contacts (by phone and in-person) for the 

event 

Governor Jeb Bush- spoke on behalf of the candidate at local caucus meeting 

Question 6 (C) 

Campaign Contributions: 

7/25/2016- Representative David Young- $500.00 

11/8/2016- Representative David Young- $500.00 

Question 7 

Spring Semester, 2014, 2016 and 2017 

Iowa State University- one-day presentation on building appraisal to an economics 

class (Powerpoint attached) 

2017 Iowa Farmland Seminar- (Powerpoint attached) 

Ft Myers, Florida, January 22, 2017 

Scottsdale, Arizona, January 29, 2017 

2017 Rotary Presentation- (Powerpoint attached) 
44 

December 2009 -November 2011- KSOM 96.S -Informational advertisement radio 

program titled, "Ag Week In Review"- Subject: agricultural economy {non-political). 

Ethics Agreement 

Smith Land Service, Company fees are based on a fixed percentage of our clients' land 

ownership earnings. Smith Land Service, Company's annual fee revenue varies based 

upon our clients' rental income. Therefore, any passive earnings I receive from Smith 

Land Services, Company have already been negotiated prior to my confirmation to the 

FCA Board. If confirmed, I will not take part in any further negotiations between Smith 

Land Services, Company and clients. 

Ethics Agreement 

Following the meeting with Senate Committee on Agriculture staff, I met with the FCA 

ethics official, Phil Shebest, to clarify my obligations as an FCA Board Member, if 

confirmed. Mr. Shebest verifies that the ethics letter is comprehensive. 

OGE278#3 

Following the meeting with Senate Committee on Agriculture staff, I met with the FCA 

Ethics Official, Phil Shebest, to ensure the accuracy of the original answer to both 

questions. The answer I gave to the questions were at the advice of the Office of 

Government Ethics. However, if it is helpful and for more clarification, the answer to 

both questions is the same. 

I, Glen R. Smith, have reviewed the questionnaire and to the best of my ability 

affirm that the answers are correct. 

11/3/2017 

Signature Date 
45 

U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION & FORESTRY 

Questions for Executive Nominees 

ll5'h Congress 

1. Basic Biographical Information 

Please provide the following information. 

Position to Which You Have Been Nominated 

~--=,-,.-,--,--'N~am~e5.ol!!fwP'-lo~si!!iti!llo!!.n ______ -J--, I_ Date of Nomination 

Farm Credit Administration Board I September 12, 2017 

l 

Cu"ent Legal Name 

First Name Middle Name Last Name Snflix 

Glen Ric bard Smith Mr. 

Addresses 

50022 

Other Names Used 

il Name Used Name Used To From 

First Name Middle Name Last Name Suffix (Montb/Y ear) (Montb/Y ear) 

(Check box if (Check box if 

estimate) estimate) 

Est E." Ll D 

Esl Est 

0 0 

L 

I 
46 

Birth Year and Place 

Year of Birth Place of Birth 

(Do not include month and daY.) 

1956 Atlantic. Iowa 

MarimlSmms ------~ 

~C~h-ec~k--~AJ~I~Th=-a-t~D~e-~-r~ihe~Y~o-u-r~C~.u-r-re_n_t~S~it_u_a~ti-on-:-----------------------------~ 

Never Married 

0 

Married 

Xo 

Separated 

0 

Annulled 

0 

Spouse's Name 

(current spouse only) 

SJ!ouse's First Name SJ!onse's Middle Name SJ!.!!use's Last Name 

Faw.an Marie Smith 

Spouse's Other Names Used 

(current spouse only) 

ij 

Name Used 

From 

First Name Middle Name Last Name Suffix (MonihJYear) 

(Cheek box if 

estimate) 

Fauzan Marie Nemer Ms. X Est 

04/1956 n 

! 

Est 

0 

Widowed 

0 

SJ!O!!se's 

Sutro: 

Mrs. 

Name Used To 

(MonthN ear) 

(Check box if 

estimate) 

:E.st 

0611982 0 

Est 

0 
47 

Children's Names (if over 18) 

First Name Middle Name 

Rachel Marie 

Jacob Glen 

Peter Thomas 

Anna Kathryn 

2. Education 

List all post-secondary schools attended. 

Name of 

School 

Tmva State 

Universtiy 

T,·pe of School 

(vocational/technical/trnde school, 

college/university/military college .. 

conespondence!distancele>1ension/online 

school) 

University 

Date Began 

School 

(month/year) 

(check box if 

estimate) 

Augml/1974 

Last Name 

Wayson 

Smith 

Smith 

Smith 

Date Ended 

School 

(month/year) (check 

box if estimate) 

(check "pr=nt" box 

if still in school) 

J.'ebruary/1979 

Est Present 

Est Present 

F.st Present 

B.S. 

Suffix 

Mrs. 

Mr. 

Mr. 

Ms. 

February 

1979 
48 

' 

3. Employment 

(A) List all of your employment activities, including unemployment and self-employment. 

If the employment activity was military duty, list separate employment activity periods to 

show each change of military duty station. Do not list employment before your 18th 

birthday unless to provide a minimum of two years of employment history. 

Tvj!e of Eml!lo:yment 

(Active Military Duty Station, Date 

National Guard/Reserve, Eml!lo\'ment 

USPHS Conunissioned Corps, Date Ended 

Other Fe<k'nll employment, NameofYoor Most Recent Location Emi!IOl'Dlent (month/year) 

State Government (Non- Em!! lover/ ~ (City and ~ (check box if 

Federal Emplo;ment), Self- A,sill!!ed Dntv Title/Rank State (month/year) estimate) 

emplo}ment, Unemployment, Station only) (check box if (check 

Federal Contractor~ Non- estimate) "present" box 

Government Emplo~ment if still 

(excluding selt:.C.mp1oyment), employed) 

Other 

Self Smith Generation President Atlantic, Apn111981 l~nt 

Farms, Inc. Iowa 

Self Smith Land President Atlantic, ApriJ/1982 """""' SerYicc. Co. Iowa 

Self S&KLand Member- Atlantic, 2003-est Den-tnbcr 21){6 

Co., L.L.C. Manager Iowa 

j Independent Doane Agricultural State Ankeny, M:tU'Cht1979 "" 

1 

Contractor Sef\ice. Co. Manager- Iowa 1981 Cl: 

Real Estate 

Division 

Part-Time Employee Jim and Nancy Fam1hand Atlantic, !ill E." 

Pellett Iowa 1971) Cl: 1978 1':1 

(B) List any advisory, consultative, honorary or other part-time service or positions with 

federal, state, or local governments, not listed elsewhere. 

Name of Go,·emment 

Entitv 

Name of Position 

DateSenice 

Began 

(montblyear) 

(check box if 

estimate) 

Date Senice Ended 

(month/year)(check box 

if estimate) (check 

"present" box if still 

sen'ing) 

F.st Present 
49 

I 

I 

4. Honors and Awards 

List all scholarships, fellowships, honorary degrees, civilian service citations, military 

medals, academic or professional honors, honorary society memberships and any other 

special recognition for outstanding service or achievement. 

Accredited Rural Appraiser (ARA) in American Society of Farm Managers and Rural 

Appraisers 

5. Memberships 

List all memberships that you have held in professional, social, business, fraternal, 

scholarly, civic, or charitable organizations in the last 10 years. 

Unless relevant to your nomination, you do NOT need to include memberships in 

charitable organizations available to the public as a result of a tax deductible donation of 

$1,000 or less, Parent-Teacher Associations or other organizations connected to schools 

attended by your children, athletic clubs or teams, automobile support organizations (such 

as AAA), discounts clubs (such as Groupon or Sam's Club), or affinity 

memberships/consumer clubs (such as frequent flyer memberships). 

Dates of Yoor Membershil! Name of Omanization (You may approximate.) Position(s} Held 

Cass Atlantic 2015 - Present Board Member 

De,·elopment Corporation 

Atlantic Commnnity Schools Board 2002 -20ll Board Member and Past President 

Wesley Retirement Senices 1994- 1999 Board Member 

Nislu~a Valley YMCA 2003-2005 Board Member 

Iowa Chapter. American Society 1985 - Present Board Member and Past President 

Of Farm Managers and Rural 

Appraisers 

Atlantic Rotary Club 1985-2014 Board Member and Past President 

I 
50 

I First United Methodist Church 1983 - Present Members and AdministratiYe 

' 

Council 

Iowa Farm Bureau Association 1982 - Present Member 

6. Political Activity 

(A) Have you ever been a candidate for or beeu elected or appointed to a political office? 

Yea!lsl Election 

Name of Office Elected! AJ!I!J!intedl Held or Term of Senice 

Candidate OnlY AJ!POintment (if applicable) 

Made 

TO\mship Trustee Elected Estimate 19&2- 35 years 

Elected 

Re-ElectedPresent 

(B) List any offices held in or services rendered to a political party or election committee 

during the last ten years that you have not listed elsewhere. 

Name of PartY/Election Office/Senices Rendered Rem!!nsibilities Dates of 

Committee Senice 

I 

I 
51 
52 

(C) Itemize all individual political contributions of$200 or more that you have made in the 

past five years to any individual, campaign organization, political party, political action 

committee, or similar entity. Please list each individual contribution and not the total 

amount contributed to the person or entity during the year. 

Name of Recil!ient Amonnt Year of Contribution 

Governor Kim Reynolds $200.00 2017 

I Senator Charles Grnssley (In-kind co-host event) $251.00 2016 

Senator Charles Grassl"}· $1000.00 2016 

Representative Da\id Young $500.00 2016 

Governor Jeb Bnsb $200.00 2016 

I Senator Joni Ernst (In-Kind Host Event) $660.00 2014 

Senator Joni Ernst $500.00 201-t 

Represcntati,·e Da\id Young $300.00 2014 

Senator Joni Ernst $500.00 2014 

Representative David Young $200.00 2014 

Da\id Wciderstciu, County Attorney $250.00 2014 

Tom l.athum For Congress $250.00 2012 

I 
53 

7. Publications 

List the titles, publishers and dates of books, articles, reports or other published materials 

that you have written, including articles published on the Internet. 

Title Publisher Date(s) of Publication 
54 

8. Lobbying 

In the past ten years, have you registered as a lobbyist? If so, please indicate the state, 

federal, or local bodies with which you have registered (e.g., House, Senate, California 

Secretary of State). 
Nominee Report I U.S. Office of Government Ethics; 5 C.F.R. part 2634 1 Form Approved: OMB No. (3209-0001) (March 2014) 

Executive Branch Personnel 

Public Financial Disclosure Report (OGE Form 278e) 

Filer's Information 

Vaden, Stephen A. 

General Counsel, Department of Agriculture 

Other Federal Government Positions Held During the Preceding 12 Months: 

Senior Adviser to the Office of General Counsel, U.S. Department of Agriculture (1/2017- 3/2017) 

Principal Deputy General Counsel, U.S. Department of Agriculture (3/2017- Present) 

Names of Congressional Committees Considering Nomination: 

Committee on Agriculture, Nutrition, and Forestry 

Electronic Signature- I certify that the statements I have made in this form are true, complete and correct to the best of my knowledge. 

Is! Vaden, Stephen A. [electronically signed on 07/14/2017 by Vaden, Stephen A. in lntegrity.gov] 

Agency Ethics Official's Opinion- On the basis of information contained in this report, I conclude that the filer is in compliance with applicable laws and 

(subject to any comments below). 

Is/ Bender, Stuart, Certifying Official [electronically signed on 09/06/2017 by Bender, Stuart in lntegrity.gov] 

Other review conducted by 

U.S. Office of Government Ethics Certification 

lsi Apol, David, Certifying Official{electronically signed on 09/08/2017 by Apol, David in lntegrity.gov] 
1. Filer's Positions Held Outside United States Government 

# ORGANIZATION NAME 

jones Day 

CITY, STATE 

Washington, 

District of 

Columbia 

2. Filer's Employment Assets & Income and Retirement Accounts 

# DESCRIPTION ElF 

jones Day N/A 

3. Filer's Employment Agreements and Arrangements 

None 

4. Filer's Sources of Compensation Exceeding $5,000 in a Year 

# SOURCE NAME CITY, STATE 

jones Day Washington, 

District of 

Columbia 

Miriam Adelson Washington, 

District of 

2 

Columbia 

3 Alliance Data-Epsilon Washington, 

District of 

Columbia 

ORGANIZATION POSITION HELD FROM 

TYPE 

Law Firm Associate 

VALUE INCOME TYPE 

Salary 

BRIEF DESCRIPTION OF DUTIES 

Associate 

Legal services ~·---"----~ Legal services 

8/2014 

INCOME 

AMOUNT 

$314,486 

T
it SOURCE NAME CITY, STATE BRIEF DESCRIPTION OF DUTIES 

4 America Leads Washington, 

District of 

Legal services 

Columbia 

5 Campaign Capital Group Washington, 

District of 

Legal services 

Columbia 

6 Coalition to Save Medicare Advantage Washington, Legal services Retiree Coverage District of 

Columbia 

7 Coalition to Stop Internet Gambling Washington, 

District of 

Legal services 

Columbia 

8 Community Financial Services Association of Washington, Legal services America District of 

Columbia 

9 Discovery Communications Washington, 

District of 

Legal services 

Columbia 

10 Doug McAuliffee Strategies Washington, Legal services 

District of 

Columbia 

11 Drive Capital, LLC Washington, 

District of 

Legal services 

Columbia 

12 DT Client Services Washington, Legal services 

District of 

Columbia 

13 eBay, Inc. Washington, 

District of 

Legal services 

Columbia 

14 EPU, LLC. Washington, Legal services 

District of 

Columbia 

15 Foundation for Accountability and Civic 

Trust 

Washington, 

District of 

Legal services 

Columbia 
# SOURCE NAME CITY, STATE BRIEF DESCRIPTION OF DUTIES 

16 Fraternity and Sorority PAC Washington, 

District of 

Legal services 

Columbia 

17 FreedomWorks for America Washington, Legal services 

District of 

Columbia 

18 Future 45 Washington, Legal services 

District of 

Columbia 

19 GIC Special Investments Washington, Legal services 

District of 

Columbia 

20 Google, Inc. Washington, 

District of 

Legal services 

Columbia 

21 GRA Venture Fund Washington, Legal services 

District of 

Columbia 

22 Gus West Government Affairs Washington, Legal services 

District of 

Columbia 

23 Havenstein for Governor Washington, Legal services 

District of 

Columbia 

24 Hayek Institute for American Renewal Washington, Legal Services 

District of 

Columbia 

25 Heaney for Congress Washington, Legal Services 

District of 

Columbia 

26 Internet Corp. for Assigning Names and Washington, Legal services 

Numbers District of 

Columbia 

27 judicial Education Project Washington, 

District of 

Legal services 

Columbia 
# SOURCE NAME CITY, STATE BRIEF DESCRIPTION OF DUTIES 

28 L Brands, Inc. Washington, 

District of 

Legal services 

Columbia 

29 Las Vegas Sands Co. Washington, 

District of 

Legal services 

Columbia 

30 LoBiondo for Congress Washington, Legal services 

District of 

Columbia 

31 Maverick Capital LLC Washington, Legal services 

District of 

Columbia 

32 Ministry of Sport of Russian Federation Washington, Legal services 

District of 

Columbia 

33 Edward T. Moore and Lawrence W. Washington, Legal services 

Rosenfeld District of 

Columbia 

34 National Football League Players Washington, Legal services 

Association District of 

Columbia 

35 National Republican Senatorial Committee Washington, Legal services 

District of 

Columbia 

36 Oklahoma Leadership Council Washington, Legal services 

District of 

Columbia 

37 Opportunity Solutions Corp. Washington, Legal services 

District of 

Columbia 

38 Pat Roberts for U.S. Senate Washington, Legal services 

District of 

Columbia 

-----------

39 Pershing Square Capital Management Washington, Legal services 

District of 

Columbia 
# SOURCE NAME CITY, STATE BRIEF DESCRIPTION OF DUTIES 40 Reynolds American, Inc. Washington, 

District of 

Legal services 

Columbia 

41 Ron johnson for Senate Washington, 

District of 

Legal services 

Columbia 

42 Sphere Consulting Washington, 

District of 

Legal services 

Columbia 

43 Steris Corp. Washington, 

District of 

Legal services 

Columbia 

44 Strategic Elements Washington, 

District of 

Legal services 

Columbia 

45 StudentsFirst Washington, Legal services 

District of 

Columbia 

46 Tarrance Group Washington, 

District of 

Legal services 

Columbia 

47 Tennesseans for a Responsible Future Washington, Legal services 

District of 

Columbia 

48 The Business Roundtable Washington, Legal services 

District of 

Columbia 

49 The Maccabee Taskforce Washington, 

District of 

Legal services 

Columbia 

50 Verint Systems, Inc. Washington, Legal services 

District of 

Columbia 

51 Victory Media, LLC. Washington, Legal services 

District of 

Columbia 
5. Spouse's Employment Assets & Income and Retirement Accounts 

None 

6. Other Assets and Income 

# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOUN

IRA See Endnote No 

1.1 EUROPACIFIC GROWTH FUND CLASS F2- Yes $1,001-$15,000 None (o

AMERICAN FUNDS N/L than $2

1.2 JPMORGAN U.S. LARGE CAP CORE PLUS Yes $1,001-$15,000 None (o

FUND SELECT CLASS N/L than $2

1.3 MFS RESEARCH FUND CLASS A M/F Yes $1,001-$15,000 None (o

than $2

1.4 PRUDENTIALJENNISON SMALL COMPANY Yes $1,001 - $15,000 None (o

FD INC CL Z N/L than $2

2 Raymond james RJCS Managed Southern See Endnote No 

Sun Account 

2.1 AGCO CORPORATION N/A $1,001 - $15,000 None (o

than $2

2.2 BROAD RIDGE FINL SOLUTIONS N/A $1,001-$15,000 

INCORPORATED 

2.3 CENTENE CORPORATION DEL N/A $1,001-$15,000 

2.4 CLEAN HARBORS INCORPORATED N/A $1,001-$15,000 

2.5 ENVISION HEALTHCARE CORPORATION N/A $1,001-$15,000 

2.6 FLOWSERVE CORPORATION N/A $1,001 - $15,000 None (o

than $2
# DESCRIPTION ElF 

2.7 HANESBRANDSINCORPORATED N/A 

2.8 IDEX CORPORATION N/A 

2.9 KNOWLES CORPORATION N/A 

2.10 MURPHY USA INCORPORATED N/A 

2.11 NEWFIELD EXPL COMPANY N/A 

2.12 OGE ENERGY CORPORATION N/A 

·-··------------------

2.13 PENT AIR PLC SHS N/A 

2.14 POLARIS INDUSTRIES INCORPORATED N/A 

2.15 THOR INDUSTRIES INCORPORATED N/A 

2.16 TIMKEN COMPANY N/A 

2.17 TRINITY INDUSTRIES INCORPORATED N/A 

2.18 WESTERN UN COMPANY N/A 

2.19 WESTROCK COMPANY N/A 

2.20 Cash (U.S. Investment Account) N/A 

2.21 Diebold NXDF Inc N/A 

2.22 DARLING INGREDIENTS INCORPORATED N/A 

3 Ambassador Account #1 See Endnote No 

VALUE INCOME TYPE 

$1,001-$15,000 

$1,001-$15,000 

$1,001-$15,000 

$1,001-$15,000 

INCOM

AMOU

None (

than $

---

None (

than $

$1,001 - $15,000 None (

_________ th_a_n_ $

$1,001-$15,000 

$1,001 - $15,000 

$1,001 $15,000 

$1,001 - $15,000 

$1,001 - $15,000 

$1,001 - $15,000 

$1,001-$15,000 

$1,001-$15,000 

$1,001 - $15,000 

None (or less 

than $1,001) 

Dividends $201-

None (

than $2

None (

than $

-------·-----

Capital Gains 

None (

than $

None (

than $

None (

than $

None (

than $

None (

than $

None (

than $

None (

than $

$2,501 
# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOU

3.1 ALLERGAN PLC SHS N/A $1,001.$15,000 

3.2 ALLSTATE CORPORATION N/A $1,001.$15,000 None (

than $2

3.3 ALPHABET INCORPORATED CAP STK CLASS N/A $1,001.$15,000 

A 

3.4 AMAZON COM INCORPORATED N/A $1,001 • $15,000 

·o~-c'~-~----~-·---~~-,--• 

3.5 BECTON DICKINSON & COMPANY N/A $1,001 -$15,000 

3.6 CELGENE CORPORATION N/A $1,001.$15,000 

3.7 CVS HEALTH CORPORATION N/A $1,001.$15,000 

3.8 EXPRESS SCRIPTS HLDG COMPANY N/A $1,001.$15,000 

3.9 HALLIBURTON COMPANY N/A $1,001.$15,000 

3.10 HOME DEPOT INCORPORATED N/A $1,001.$15,000 

3.11 INGERSOLL-RAND PLC SHS N/A $1,001.$15,000 

3.12 INTERCONTINENTAL EXCHANGE N/A $1,001.$15,000 

INCORPORATED 

3.13 )PM ORGAN CHASE & COMPANY N/A $1,001-$15,000 

3.14 KANSAS CITY SOUTHERN COM NEW N/A $1,001 - $15,000 

3.15 LAUDER ESTEE COMPANIES INCORPORATED N/A $1,001.$15,000 

CLASS A 

3.16 MICROSOFT CORPORATION N/A $1,001 • $15,000 Dividends $201 • 

Capital Gains 
# 

3.17 

3.18 

3.19 

3.20 

3.21 

3.22 

3.23 

3.24 

3.25 

DESCRIPTION 

NXP SEMICONDUCTORS NV 

0 REILLY AUTOMOTIVE INCORPORATED 

NEW 

PIONEER NAT RES COMPANY 

PRICELINE GRP INCORPORATED COM NEW 

SYNCHRONY FINL 

VISA INCORPORATED COM CLASS A 

Cash (U.S. Investment Account) 

Rockwell Collins Inc. 

Salesforce.com Incorporated 

4 Ambassador Account #2 

4.1 

4.2 

4.3 

4.4 

4.5 

4.6 

4.7 

COCA COLA COMPANY 

JOHNSON &JOH_N_S_O_N_~--· 

Procter & Gamble 

JOHNSON CITY TN HEALTH & EDL FACS BRD 

HOSP REV, REV BDS, MOUNTAIN ST HLTH 

ALLIANCE, SER 2012 A 

DREYFUS MUN BD INFRSTRCTR FD SHS 

EATON VANCE MUN BD FD 

EATON VANCE MUN INCOME 2028 TE SHS 

See Endnote 

ElF 

N/A 

N/A 

N/A 

N/A 

N/A 

N/A 

N/A 

N/A 

N/A 

No 

-----

N/A 

N/A 

N/A 

N/A 

Yes 

Yes 

Yes 

VALUE INCOME TYPE INCOM

$1,001-$15,000 

$1,001-$15,000 

$1,001-$15,000 

$1,001-$15,000 

$1,001 - $15,000 

$1,001 - $15,000 

$1,001-$15,000 

$1,001-$15,000 

None (or less 

than $1,001) Capital Gains 

$1,001-$15,000 Capital Gains 

Dividends 

$1,001 - $15,000 Dividends 

$15,001 - Dividends 

$50,000 

$15,001- Interest 

$50,000 

$1,001 - $15,000 

$1,001-$15,000 

$1,001-$15,000 

AMOU

None (

than $2

None (

than $2

None (

than $2

$201-$

$201-$

$201 - 

$201-$

$201 -$

$201 - 

$201-

$201 - 
# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOU

4.8 EATON VANCE NATL MUN OPPORT TR COM Yes $201 - 

SHS 

4.9 INVESCO MUN OPPORTUNITY TR Yes $201 - 4,10 INVESCO QUALITY MUNIINCORPORATED Yes $1,001-$15,000 $201-$

TRST 

--------··---·--------------

4.11 MAINSTAY DEFINEDTERM MN OPP FD Yes $15,001- $201 - 

$50,000 

4.12 NUVEEN INTER DURATION MN TMFD Yes $1,001-$15,000 $201 - 

4,13 NUVEEN MUN VALUE FD INCORPORATED Yes $1,001- $201-

4.14 PUTNAM MANAGED MUN INCOM TR Yes $15,001- $201 - 

$50,000 

4.15 WESTERN ASSET INTM MUNI FD Yes $1,001-$15,000 $201 - 

INCORPORATED 

4.16 WESTERN ASSET MUN HIINCM FD Yes 4,17 WESTERN ASST MN PRT FD INCORPORATED Yes $1,001-$15,000 

4.18 Cash (U.S. Investment Account) N/A $1,001 - $15,000 

4.19 Yes $201 - 

4.20 Yes $1,001 - $15,000 $201-$

5 See Endnote No 

5.1 Cash (U.S. Investment Account) N/A $1,001 - $15,000 

5.2 AMERIGAS PARTNERS L P UNIT L PINT N/A $1,001-$15,000 

5.3 CROWN CASTLE INTERNATIONAL N/A $1,001 - $15,000 

CORPORATION NEW REIT 

SA GEO GROUP INCORPORATED NEW REIT N/A $1,001-$15,000 

5.5 IRON MTN INCORPORATED NEW REIT N/A $1,001-$15,000 None (

than $
# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOU

5.6 MAGELLAN MIDSTREAM PRTNRS LP COM N/A $1,001-$15,000 None (

UNIT RP LP than $

5.7 RYMAN HOSPITALITY PPTYS INCORPORATED N/A $1,001-$15,000 

REIT 

5.8 SPECTRA ENERGY PARTNERS LP N/A $1,001 - $15,000 

5.9 VENT AS INCORPORATED REIT N/A $1,001-$15,000 

5.10 WELL TOWER INCORPORATED REIT NIA $1,001-$15,000 

5.11 WEYERHAEUSER COMPANY REIT NIA $1,001-$15,000 5.12 ABBVIE INCORPORATED NIA $1,001 - $15,000 5.13 ALTRIA GROUP INCORPORATED NIA $1,001-$15,000 5.14 AMEREN CORPORATION NIA $1,001-$15,000 5.15 AMERICAN ELEC PWR INCORPORATED NIA $1,001-$15,000 5.16 AMGEN INCORPORATED NIA $1,001-$15,000 5.17 ASTRAZENECA PLC SPONSORED ADR N/A $1,001-$15,000 5.18 AT&T INCORPORATED N/A $1,001-$15,000 

5.19 AXIS CAPITAL HOLDINGS LIMITED SHS NIA $1,001-$15,000 5.20 BAE SYSTEMS PLC SPONSORED ADR NIA $1,001-$15,000 5.21 BB& T CORPORATION N/A $1,001-$15,000 None (

than $
# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOUN

5.22 BCE INCORPORATED COM NEW N/A $1,001-$15,000 Dividends $201-$5.23 BP PLC SPONSORED ADR N/A $1,001 - $15,000 

5.24 BRITISH AMERN TOB PLC SPONSORED ADR N/A $1,001-$15,000 

5.25 CARDINAL HEALTH INCORPORATED N/A $1,001-$15,000 5.26 CHEVRON CORPORATION NEW N/A $1,001-$15,000 5.27 CINEMARK HOLDINGS INCORPORATED N/A $1,001-$15,000 

5.28 COCA COLA COMPANY N/A $1,001 - $15,000 

5.29 COMPASS MINERALS INTERNATIONAL N/A $1,001-$15,000 

INCORPORATED 

5.30 CORNING INCORPORATED N/A $1,001-$15,000 

5.31 DOMINION ENERGY INC N/A $1,001-$15,000 

5.32 DUKE ENERGY CORPORATION NEW COM N/A $1,001-$15,000 None (

NEW than $2

5.33 EMERSON ELEC COMPANY N/A $1,001-$15,000 

5.34 ENTERGY CORPORATION NEW N/A $1,001-$15,000 

5.35 EXXON MOBIL CORPORATION N/A $1,001-$15,000 

5.36 FASTENAL COMPANY N/A $1,001 - $15,000 

5.37 GLAXOSMITHKLINE PLC SPONSORED ADR N/A $1,001-$15,000 None (

than $2
# DESCRIPTION ElF VALUE INCOME TYPE 

5.38 GRAINGER W W INCORPORATED N/A $1,001-$15,000 5.39 IMPERIAL BRANDS PLC SPON ADR N/A $1,001-$15,000 5.40 INTEL CORPORATION N/A $1,001-$15,000 5.41 JOHNSON &JOHNSON N/A $1,001-$15,000 5.42 JOHNSON CONTROLS INTERNATIONAL PLC N/A $1,001 - $15,000 

SHS 

5.43 KIMBERLY CLARK CORPORATION N/A $1,001-$15,000 

5.44 MARATHON PETE CORPORATION N/A $1,001-$15,000 5.45 MCDONALDS CORPORATION N/A $1,001 - $15,000 

5.46 MERCK & COMPANY INCORPORATED N/A $1,001-$15,000 

5.47 METLIFE INCORPORATED N/A $1,001-$15,000 5.48 MICROSOFT CORPORATION N/A $1,001-$15,000 

5.49 MOTOROLA SOLUTIONS INCORPORATED N/A $1,001-$15,000 

COM NEW 

5.50 MUNICH REGROUP ADR N/A $1,001-$15,000 

5.51 NATIONAL FUEL GAS COMPANY NJ N/A $1,001 - $15,000 

5.52 NATIONAL GRID PLC SPON ADR NEW N/A -$15,000 Dividends 

5.53 NOV ARTIS A G SPONSORED ADR N/A $1,001 - $15,000 None (

than $2
# DESCRIPTION ElF VALUE INCOME TYPE 

5.54 OCCIDENTAL PETE CORPORATION DEL N/A $1,001-$15,000 5.55 OMNICOM GROUP INCORPORATED N/A $1,001-$15,000 None {

than $2

5.56 PEPSICO INCORPORATED N/A $1,001-$15,000 

5.57 PHILIP MORRIS INTERNATIONAL N/A $1,001-$15,000 Dividends $201 - 

INCORPORATED 

5.58 PNC FINL SVCS GROUP INCORPORATED N/A $1,001-$15,000 

5.59 PPL CORPORATION N/A $1,001-$15,000 5.60 PRAXAIR INCORPORATED N/A $1,001-$15,000 5.61 PROCTER AND GAMBLE COMPANY N/A $1,001 - $15,000 

5.62 QUALCOMM INCORPORATED N/A $1,001 - $15,000 5.63 REYNOLDS AMERICAN INCORPORATED N/A $1,001-$15,000 

5.64 ROGERS COMMUNICATIONS N/A $1,001-$15,000 

INCORPORATED CLASS B 

5.65 ROYAL DUTCH SHELL PLC SPONS ADR A N/A $1,001-$15,000 

5.66 SANOFI SPONSORED ADR N/A $1,001-$15,000 5.67 SOUTHERN COMPANY N/A $1,001-$15,000 5.68 SWISSCOM AG SPONSORED ADR N/A $1,001-$15,000 5.69 TARGET CORPORATION N/A $1,001 - $15,000 None {

than $
# DESCRIPTION ElF VALUE INCOME TYPE 

5.70 TE CONNECTIVITY LIMITED REG SHS N/A $1,001 - $15,000 

5.71 THOMSON REUTERS CORPORATION N/A $1,001 - $15,000 5.72 TOTALS A SPONSORED ADR N/A $1,001-$15,000 

5.73 UNILEVER PLC SPON ADR NEW N/A $1,001-$15,000 5.74 UNION PAC CORPORATION N/A $1,001.$15,000 5.75 UNITED PARCEL SERVICE INCORPORATED N/A $1,001.$15,000 

CLASS B 

5.76 US BAN CORP DEL COM NEW N/A $1,001-$15,000 

5.77 VALERO ENERGY CORPORATION NEW N/A $1,001 - $15,000 

5.78 VERIZON COMMUNICATIONS N/A $1,001 . $15,000 Dividends $201-$

INCORPORATED 

----

5.79 VODAFONE GROUP PLC NEW SPONSORED N/A $1,001.$15,000 Dividends $201-$

ADR 

5.80 WAL-MART STORES INCORPORATED N/A $1,001 . $15,000 

5.81 WEC ENERGY GROUP INCORPORATED N/A $1,001 - $15,000 5.82 WELLS FARGO & COMPANY NEW N/A $1,001-$15,000 

5.83 Public Storage N/A $1,001-$15,000 5.84 Sabra Healthcare REIT, Inc.· Common Stock N/A $1,001-$15,000 5.85 Uniti Group Inc. REIT N/A $1,001-$15,000 None (

than $
# DESCRIPTION ElF VALUE INCOME TYPE 

5.86 ALLIANZ SE SP ADR 1110 SH (GERMANY) N/A $1,001-$15,000 5.87 CONSOLIDATED EDISON INCORPORATED N/A $1,001 - $15,000 

5.88 COTY INCORPORATED COM CLASS A N/A $1,001 - $15,000 5.89 AG SPONSORED ADR N/A $1,001-$15,000 

5.90 EXTENDED STAY AMER INC SHS 1 COM 1 N/A $1,001-$15,000 

CLASS B 

5.91 GENERAL MLS INCORPORATED N/A $1,001-$15,000 

5.92 INTERPUBLIC GROUP COMPANIES N/A $1,001-$15,000 

INCORPORATED 

5.93 NOVO-NORDISK AS ADR (DENMARK) N/A $1,001-$15,000 None (

than $2

--------

5.94 PFIZER INCORPORATED N/A $1,001-$15,000 

5.95 RETE ELETIRICA NAZIONALE ADR N/A $1,001-$15,000 

than $2

5.96 UNIBAIL-RODAMCO SE ADR REP JCE 08 N/A $1,001-$15,000 None (

(FRANCE) than $2

6 Banc3. (Community bank) N/A 

7 Residential Rental Property 1, Obion County, See Endnote N/A $15,001-

TN $50,000 

8 Residential Rental Property 2, Obion County, See Endnote N/A $15,001-

TN $50,000 

9 Residential Rental Property 3, Obion County, See Endnote N/A $1,001-$15,000 

TN 

10 Residential Rental Property 4, Obion County, See Endnote N/A $1,001-$15,000 None (

TN than $2
# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOU

11 Rental Property 5, Obion County, See Endnote N/A $15,001- $1,001 

$50,000 

12 Rental Property 6, Obion County, See Endnote N/A $15,001- $1,001 

$50,000 

13 Residential Rental Property 7, Obion County, See Endnote N/A $1,001.$15,000 Rent or $1,001

TN 

14 Residential Rental Property 8, Obion County, See Endnote N/A $1,001.$15,000 Rent or $1,001

TN 

15 Residential Rental Property 9, Obion County, 

TN 

See Endnote N/A $1,001.$15,000 

16 Rental Property 10, Obion See Endnote N/A $1,001.$15,000 

17 Rental Property 11, Obion See Endnote N/A $15,001. $50,000 

18 Rental Property 12, Obion See Endnote N/A $1,001 - $15,000 19 Rental Property 13, Obion See Endnote N/A $1,001-$15,000 

20 Rental Property 14, Obion See Endnote N/A $1,001.$15,000 Rent or $1,001

21 Rental Property 15, Obion See Endnote N/A 

22 Rental Property 16, Obion See Endnote N/A 

23 Rental Property 17, Obion See Endnote N/A 

24 Rental Property 18, Obion See Endnote N/A $1,001 

25 Rental Property 19, Obion See Endnote N/A $15,001- $1,00

$50,000 

26 Residential Lot 1, Obion County, TN See Endnote N/A $1,001.$15,000 None 

than $
# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOU

27 Residential Lot 2, Obion County, TN See Endnote N/A $1,001-$15,000 None (

than $2

28 Residential Lot 3, Obion County, TN See Endnote N!A $1,001 - $15,000 

29 Residential Lot 4, Obion County, TN See Endnote N/A $1,001-$15,000 

---

30 Residential Property 20, Obion County, TN See Endnote N/A $15,001-

$50,000 

-------------

31 Commercial Property 1, Obion County, TN See Endnote N/A $15,001- None (

$50,000 than $2

32 Farm Land 1, Obion County, TN See Endnote N/A 

33 Farm Land 2, Obion County, TN See Endnote N/A 34 Farm Land 3, Fulton County, KY See Endnote N/A 35 U.S. Bank Account (cash) #1 N/A $250,001- Interest $1,001 

$500,000 

36 U.S. Bank Account (cash) #2 N/A $100,001- Interest 

$250,000 

37 U.S. Bank Account (cash) #3 N!A Interest $1,001 

38 U.S. Bank Account (cash) #4 N!A Interest 

39 U.S. Bank Account (cash) #5 N/A Interest 

40 U.S. Bank Account (cash) #6 N!A Interest $201 - 41 No 41.1 JOHNSON &JOHNSON N/A $15,001- Dividends $201-$

$50,000 
# DESCRIPTION ElF VALUE INCOME TYPE INCOM

AMOUN

41.2 PROCTER AND GAMBLE COMPANY N/A $15,001- Dividends $201 - $

$50,000 

41.3 JOHNSON CITY TN HEALTH & EDL FACS BRD N/A $1,001-$15,000 Interest $201 -$

HOSP REV, REV BDS, MOUNTAIN ST HLTH 

ALLIANCE, SER 201 OA 

41.4 NORTH TX TWY AUTH REV, FIRST TIER REF N/A $1,001-$15,000 Interest None (o

REV BDS, INT AT MATY SER 2008D ASSURED than $2

GUARANTY CORP FORMERLY ACE GTY 

41.5 METROPOLITAN WAD C ARPTS AUTH See Endnote N/A $15,001- None (o

DULLES TOLL RD REV, REV BDS, DULES 

METRO RAIL AND CAPITAL, INT AT MATY SER 

$50,000 than $2

20098 ASSURED GUARANTY CORP 

FORMERLY ACE GTY 

42 Residential Lot 5, Obion County, TN See Endnote N/A $1,001 - $15,000 None (o

than $2

43 Vanguard 500 Index Fund (VFIAX) Yes $15,001- None (o

$50,000 than $2

7. Transactions 

(N/A)- Not required for this type of report 

8. Liabilities 

None 

9. Gifts and Travel Reimbursements 

(N/A)- Not required for this type of report 
Endnotes 

PART # 

6. 

6. 

6. 

6. 4 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

6. 

~~~·~--·····---~-··· 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

M 

ENDNOTE -~· ...... - ... ~·~·· ......... ....... T __h __i ... s .. re_pre_se~ts ~~%_o_\l\/l:'._el'_:~ip .. t~_:p~~ .. fl.".rt)i·with sibli~~--owning other 50% of thep~

.............. ~-· ...... .... . ....... !~is_~epresents 50% ownership i_n the 

rPr>rp•;pnt< 50% ownership_inthe property,.\11/ith sibling~wningother 50% of the p

This_re_pre:e_.~ts50'lfJ .. o\l\/nership in the property, with siblingowning other 50% of the p

o\11/.ne_r~~ij:l~~t~e p~o_Pe_rty. with siblifl_g owning_ot~er 50% of the p

.. _:r~is repres_e~ts~O."Al__o_\l\lnership in the property~ with sibling owning other 50% of the p

Thisr.e_p_r:e_s.~ts50%ownership in the prop_erty, with sibling owning other 50% of the p

This .. represents 50% ownership in the_ property, with sibling owning other 50% of the p

This repres_ents 50% owners_ hip in the properry~_\l\lithsibli~go\l\l~ingother 50% of the p

This represents~~% ownership in the property~. with siblingo.\11/ningother 50% of the p

!~isrefJ~es_e_nts~50l)6o\l\/ne_rshiJ>~n.t~e~r_<J_IJ".rty:.with sibling owning other 50% of the p

T_h~_r_e_p:_e_se~tsSOo/oo.\11/n_:rship_inth~prope_rty, with sibling owning ()ther 50% of the p

This represents 50% ownership in the property, with sibling owning other 50% of the p

---~--_, ____ _ !~is_re_p!esents 50% ownership in the property, with sibling owning other 50% of the p

.~.!~~~~presents 50% ownership intheproperty,with sibling owning other 50% of the p

. .............. ~is_.::_e_f]~".:".r\ .. ~s-50% ownership in the property, with siblingowni_ngother 50% of the p

This reoresents 

Thic; rPnresents 

. .................................. ------·---------;~-·--··· 

with sibling()wni_ng other 50% of the p
PART # ENDNOTE 

6. 25 This 50% ownersh~~~e pro~e!t}':\<1/it~~i~~!:l!'L~~~~ng 

~~e!2~~~of~t~~prop

6. 26 This rpn,rP<,Pn1r< 

6. 27 This rpn,rP<<>nik 

6. 28 This rPnrP«Pnt< 

6. 29 This r<>n,rP<<>nlcc -······~········-- .. ··-·· 

6. 

6. 

30 This other 50% of the 

·-······-·~··--··--··--

6. 32 This 50% ownership in the property, with sibling owning other 50% of the pr

0-~~·-----·-·~-·-,~~-~- -~--~~---·-~---- ~~--·- ~--~-" ·-·--- --- -·-- ~~~-------~··· ---~ ·-·-··-~---····~·

6. 33 

6. 34 50% ownership in the property, with sibling owning other 50% of the pro

-------··~~~-~-~--~~-·······~·-·--·~----~·-

···- -·-····-~--· -~-~-~--

6. 41.5 Bond. 

6. 42 This represents 50% ownership in the property, with sibling owning other 50% of the pro
Summary of Contents 

1. Filer's Positions Held Outside United States Government 

Part 1 discloses positions that the filer held at any time during the reporting period (excluding positions with the United States Government). Positions 

even if the filer did not receive compensation. 

This section does not include the following: (1) positions with religious, social, fraternal, or political organizations; (2) positions solely of an honorary na

held as part of the filer's official duties with the United States Government; (4) mere membership in an organization; and (5) passive investment interes

partner or non-managing member of a limited liability company. 

2. Filer's Employment Assets & Income and Retirement Accounts 

Part 2 discloses the following: 

Sources of earned and other non-investment income of the filer totaling more than $200 during the reporting period (e.g., salary, fees, partnership 

honoraria, scholarships, and prizes) 

• Assets related to the filer's business, employment, or other income-generating activities that (1) ended the reporting period with a value greater th

produced more than $200 in income during the reporting period (e.g., equity in business or partnership, stock options, retirement plans/accounts 

underlying holdings as appropriate, deferred compensation, and intellectual property, such as book deals and patents) 

This section does not include assets or income from United States Government employment or assets that were acquired separately from the filer's bu

employment, or other income-generating activities (e.g., assets purchased through a brokerage account). Note: The type of income is not required if th

income is $0- $200 or if the asset qualifies as an excepted investment fund (ElF). 

3. Filer's Employment Agreements and Arrangements 

Part 3 discloses agreements or arrangements that the filer had during the reporting period with an employer or former employer (except the United S

Government), such as the following: 

Future employment 

Leave of absence 

• Continuing payments from an employer, including severance and payments not yet received for previous work (excluding ordinary salary from a c

• Continuing participation in an employee welfare, retirement, or other benefit plan, such as pensions or a deferred compensation plan 

Retention or disposition of employer-awarded equity, sharing in profits or carried interests (e.g., vested and unvested stock options, restricted stoc

a company's profits, etc.) 

4. Filer's Sources of Compensation Exceeding $5,000 in a Year 

Part 4 discloses sources (except the United States Government) that paid more than $5,000 in a calendar year for the filer's services during any year of 

period. 
The filer discloses payments both from employers and from any clients to whom the filer personally provided services. The filer discloses a source even 

made its payment to the filer's employer and not to the filer. The filer does not disclose a client's payment to the filer's employer if the filer did not prov

for which the client is paying. 

5. Spouse's Employment Assets & Income and Retirement Accounts 

Part 5 discloses the following: 

• Sources of earned income (excluding honoraria) for the filer's spouse totaling more than $1,000 during the reporting period (e.g., salary, consulting 

partnership share) 

• Sources of honoraria for the filer's spouse greater than $200 during the reporting period 

• Assets related to the filer's spouse's employment, business activities, other income-generating activities that (1) ended the reporting period with a v

than $1,000 or (2) produced more than $200 in income during the reporting period (e.g., equity in business or partnership, stock options, retiremen

and their underlying holdings as appropriate, deferred compensation, and intellectual property, such as book deals and patents) 

This section does not include assets or income from United States Government employment or assets that were acquired separately from the filer's spo

employment, or other income-generating activities (e.g., assets purchased through a brokerage account). Note: The type of income is not required if the 

income is $0- $200 or if the asset qualifies as an excepted investment fund (ElF). Amounts of income are not required for a spouse's earned income (ex

honoraria). 

6. Other Assets and Income 

Part 6 discloses each asset, not already reported, that (1) ended the reporting period with a value greater than $1,000 or (2) produced more than $200 i

income during the reporting period. For purposes of the value and income thresholds, the filer aggregates the filer's interests with those of the filer's sp

dependent children. 

This section does not include the following types of assets: (1) a personal residence (unless it was rented out during the reporting period); (2) income or 

benefits associated with United States Government employment (e.g., Thrift Savings Plan); and (3) cash accounts (e.g., checking, savings, money market 

single financial institution with a value of $5,000 or less (unless more than $200 of income was produced). Additional exceptions apply. Note: The type o

required if the amount of income is $0- $200 or if the asset qualifies as an excepted investment fund (ElF). 

7. Transactions 

Part 7 discloses purchases, sales, or exchanges of real property or securities in excess of $1,000 made on behalf of the filer, the filer's spouse or depend

reporting period. 

This section does not include transactions that concern the following: (1) a personal residence, unless rented out; (2) cash accounts (e.g., checking, savin

market accounts) and money market mutual funds; (3) Treasury bills, bonds, and notes; and (4) holdings within a federal Thrift Savings Plan account. Ad

exceptions apply. 
8. Liabilities 

Part 8 discloses liabilities over $10,000 that the filer, the filer's spouse or dependent child owed at any time during the reporting period. 

This section does not include the following types of liabilities: (1) mortgages on a personal residence, unless rented out (limitations apply for PAS filers); 

secured by a personal motor vehicle, household furniture, or appliances, unless the loan exceeds the item's purchase price; and (3) revolving charge acc

credit card balances, if the outstanding liability did not exceed $10,000 at the end of the reporting period. Additional exceptions apply. 

9. Gifts and Travel Reimbursements 

This section discloses: 

• Gifts totaling more than $375 that the filer, the filer's spouse, and dependent children received from any one source during the reporting period. 

• Travel reimbursements totaling more than $375 that the filer, the filer's spouse, and dependent children received from any one source during the r

For purposes of this section, the filer need not aggregate any gift or travel reimbursement with a value of $150 or less. Regardless of the value, this secti

include the following items: (1) anything received from relatives; (2) anything received from the United States Government or from the District of Columb

local governments; (3) bequests and other forms of inheritance; (4) gifts and travel reimbursements given to the filer's agency in connection with the file

(5) gifts of hospitality (food, lodging, entertainment) at the donor's residence or personal premises; and (6) anything received by the filer's spouse or dep

totally independent of their relationship to the filer. Additional exceptions apply. 
Privacy Act Statement 

Title I of the Ethics in Government Act of 1978, as amended (the Act), 5 U.S. C. app. § 101 et seq., as amended by the Stop Trading on Congressional Know

2012 (Pub. l. 112-1 OS) (STOCK Act), and 5 C.F.R. Part 2634 of the U.S. Office of Government Ethics regulations require the reporting of this information. T

of the information on this report is for review by Government officials to determine compliance with applicable Federal laws and regulations. This repor

disclosed upon request to any requesting person in accordance with sections 1 OS and 402(b)(1) of the Act or as otherwise authorized by law. You may in

applications for public access of your own form upon request. Additional disclosures of the information on this report may be made: (1) to any requestin

subject to the limitation contained in section 208(d)(1) of title 18, any determination granting an exemption pursuant to sections 208(b)(1) and 208(b)(3) o

a Federal, State, or local law enforcement agency if the disclosing agency becomes aware of violations or potential violations of law or regulation; (3) to a

agency, court or party in a court or Federal administrative proceeding when the Government is a party or in order to comply with a judge-issued subpoe

source when necessary to obtain information relevant to a conflict of interest investigation or determination; (5) to the National Archives and Records Ad

the General Services Administration in records management inspections; (6) to the Office of Management and Budget during legislative coordination on 

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party to litigation or has an interest in the litigation and the use of such records is deemed relevant and necessary to the litigation; (8) to reviewing officia

office, department or agency when an employee transfers or is detailed from one covered position to another; (9) to a Member of Congress or a congres

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contract, service or assignment for the Federal Government when necessary to accomplish a function related to an OGE Government-wide system of rec

on the OGE Website and to any person, department or agency, any written ethics agreement filed with OGE by an individual nominated by the President 

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unless it displays a currently valid OMB control number (that number, 3209-0001, is displayed here and at the top of the first page of this OGE Form 278
81 

September 6, 2017 

Mr. Stuart Bender 

Designated Agency Ethics Official 

U.S. Department of Agriculture 

Washington, DC 20250 

Dear Mr. Bender: 

The purpose of this letter is to describe the steps that I will take to avoid any actual or apparent 

conflict of interest in the event that I am confirmed for the position of General Counsel of the U.S. 

Department of Agriculture. 

As required by 18 U.S.C. § 208(a), I will not participate personally and substantially in any 

particular matter in which I know that I have a financial interest directly and predictably affected by 

the matter, or in which I know that a person whose interests are imputed to me has a financial interest 

directly and predictably affected by the matter, unless I first obtain a written waiver, pursuant to 

18 U.S.C. § 208(b)(l), or qualij'y for a regulatory exemption, pursuant to 18 U.S.C. § 208(b)(2). I 

understand that the interests of the following persons are imputed to me: any spouse or minor child of 

mine; any general partner of a partnership in which I am a limited or general partner; any organization 

in which I serve as officer, director, trustee, general partner or employee; and any person or 

organization with which I am negotiating or have an arrangement concerning prospective employment. 

I resigned from my position as an Associate with Jones Day in January 2017. For a period of 

one year after my resignation, I will not participate personally and substantially in any particular matter 

involving specific parties in which I know that entity is a party or represents a party, unless I am first 

authorized to participate, pursuant to 5 C.F.R. § 2635.502(d). In addition, I will not participate 

personally and substantially in any particular matter involving specific parties in which I know a 

former client of mine is a party or represents a party for a period of one year after I last provided 

service to that client, unless I am first authorized to participate pursuant to 5 C.F.R. § 2635.502(d). 

I own real property in Obion County, Tennessee, and Fulton County, Kentucky. This property 

is leased out for farming on a fixed cash basis to a tenant on a fixed cash lease on the farm. I will not 

participate personally and substantially in any particular matter that will have a direct and predictable 

effect on my interest in the value of this property unless I first obtain a written waiver, pursuant to 18 

U.S.C. § 208(b)(l), or qualify for a regulatory exemption, pursuant to 18 U.S.C. § 208(b)(2). 

Through my farm property, I participate in USDA's Agriculture Risk Coverage (ARC) and 

Price Loss Coverage (PLC) programs. The ARC program provides revenue loss coverage at the 

county level. In other words, ARC is a local county-specific program. ARC payments are issued 

when the actual county crop revenue of a covered commodity is less than the ARC-CO guarantee for 

the covered commodity. As noted above, the ARC program is distinctly and separately focused on 

each of the numerous specific counties across the country. Because my farming property is located in 

Obion County, Tennessee, and Fulton County, Kentucky, I will not participate personally and 

substantially in any particular matter involving the ARC program that will have a direct and 
82 

Mr. Stuart Bender 

Page2 

predictable effect upon Obion County or Fulton County unless I first obtain a written waiver, pursuant 

to 18 U.S.C. § 208(b)(l), or qualify for a regulatory exemption, pursuant to 18 U.S.C. § 208(b)(2). 

PLC program payments are commodity-specific and are issued when the effective price of a 

covered commodity is less than the respective reference price for that commodity. In other words, the 

PLC program is focused distinctly on specific covered commodities. Because the commodities grown 

by the tenant on my farming property are corn and soybeans, I will not participate personally and 

substantially in any particular matter involving the PLC program that will have a direct and predictable 

effect on the commodities of corn and soybeans unless I first obtain a written waiver, pursuant to 18 

U.S.C. § 208(b)(l), or qualify for a regulatory exemption, pursuant to 18 U.S.C. § 208(b)(2). 

If! rely on a de minimis exemption under 5 C.F.R. § 2640.202 with regard to any of my 

financial interests in securities, I will monitor the value of those interests. If the aggregate value of 

interests affected by a particular matter increases and exceeds the de minimis threshold, I will not 

participate personally and substantially in the particular matter that to my knowledge has a direct and 

predictable effect on the interests, unless I first obtain a written waiver pursuant to 18 U.S.C. 

§ 208(b )(I). 

If I have a managed account or otherwise use the services of an investment professional during 

my appointment, I will ensure that the account manager or investment professional obtains my prior 

approval on a case-by-case basis for the purchase of any assets other than cash, cash equivalents, 

investment funds that qualify for the exemption at 5 C.F.R. § 2640.201(a), obligations of the United 

States, or municipal bonds. 

I will meet in person with you during the first week of my service in the position of General 

Counsel in order to complete the initial ethics briefing required under 5 C.F.R. § 2638.305. Within 90 

days of my confirmation, I will document my compliance with this ethics agreement by notifying you 

in writing when I have completed the steps described in this ethics agreement. 

I understand that as an appointee I must continue to abide by the Ethics Pledge (Exec. Order 

No. 13770) that I previously signed and that I will be bound by the requirements and restrictions 

therein in addition to the commitments I have made in this ethics agreement. 

I have been advised that this ethics agreement will be posted publicly, consistent with 

5 U.S.C. § 552, on the website of the U.S. Office of Government Ethics with ethics agreements of 

other Presidential nominees who file public financial disclosure reports. 

Sincerely, 

.lttJ..tif~, ;L 

Stephen A. Vaden 
83 

UNITED STATES OFFICE OF 

GOVERNMENT ETHICS 

* 

The Honorable Pat Roberts 

Chainnan 

Committee on Agriculture, Nutrition, 

and Forestty 

United States Senate 

Washington, DC 20510 

Dear Mr. Chairman: 

September 8, 2017 

In accordance with the Ethics in Government Act of 1978, I enclose a copy of the 

financial disclosure report filed by Stephen A. Vaden, who has been nominated by 

President Trump for the position of General CounseL Department of Agriculture, 

Vv' e have reviewed the repon and have obtained advice from the agency conceming any 

possible conflict in light of its functions and the nominee's proposed duties. Also enclosed is an 

ethics agreement outlining the actions that the nominee will undertake to avoid conflicts of 

interest. Unless a date for compliance is indicated in the ethics agreement, the nominee must 

fully comply within three months of confitmation with any action specified in the ethics 

agreement. 

Based thereon, we believe that this nominee is in compliance with applicable laws and 

regulations govetning conflicts of interest. 

Sincerely~ 

David J, Apol 

Acting Director and General Counsel 

Enclosures 

1201 NEW YORK AVENW•SUTTE 500,WASHINGTON DC•20005 * * * * 
84 

November 6, 2017 

The Honorable Pat Roberts, Chairman 

Committee on Agriculture, Nutrition & Forestry 

United States Senate 

Washington, D.C. 20510 

The Honorable Debbie Stabenow, Ranking Member 

Conunittee on Agriculture, Nutrition & Forestry 

United States Senate 

Washington, DC 20510 

Dear Chairman Roberts and Ranking Member Stabenow: 

Please be advised that pursuant to section 10 I (b) of the Ethics in Government Act of 1978, as 

amended, I have informed the appropriate ethics officials that the information required by section 

1 02(a) (I)( A) of the Act with respect to income and honoraria contained in OGE Form 278e 

(Executive Branch Public Financial Disclosure Report) executed by me on August 29, 2017 is 

correct. 

This information is current as of Monday, November 6, 2017. This date is within five days prior 

to the date of the first hearing scheduled to consider my nomination. 

Sincerely, 

Stephen Alexander Vaden 
85 

November 3, 2017 

The Honorable Pat Roberts, Chairman Committee on Agriculture 

Nutrition & Forestry United States Senate 

Washington D.C. 20510 

The Honorable Debbie Stabenow, Ranking Member Committee on Agriculture 

Nutrition & Forestry United States Senate 

Washington, DC 20510 

RE: Addendum to the Committee Questionnaire 

Chairman Roberts and Ranking Member Stabenow: 

During my interview with your staff counsels, the following questions were raised. Please accept 

this letter and its contents as my responses: 

Employment from 6/2004 -7/2005? During the period of May 2004 and August 2005, I 

worked for my Father taking care of his rental and agricultural properties. It is listed on the 

additional form submitted and referenced as "property manager." 

Pro bono work for any campaign? No, I did not provide pro bono legal services to any 

campaign. 

Campaign contributions to Grant Starrett? 

Trump-Pence transition work? The work performed for the Presidential Transition Team 

(PTT) was as a volunteer and not client-billable work. As the OGE Form 278 only requires the 

disclosure of firm clients for which you did work and for which the law firm received payment 

and because the work I did for the PTT was as a volunteer and Jones Day did not receive 

compensation for this work, I was not required to disclose it on my OGE Form. 

Out of an abundance of caution, before submitting my OGE Form 278, I consulted with USDA's 

Director of Ethics who confirmed that this was correct and that it would be erroneous to disclose 

this volunteer activity on the OGE Form 278's client list, since the form only requires listing 

sources of'·compensation of$5,000 or more." 

Sincerely, 

Stephen Alexander Vaden 
86 

U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION & FORESTRY 

Questions for Executive Nominees 

115t11 Congress 

1. Basic Biographical Information 

Please provide the (ollowing information. 

Position to Whiclr You Have Been Nominated 

Name of Position Date of Nomination 

General Counsel of Department of Agriculture 

Current Legal Name 

First Name Middle Name Last Name Suffix 

Stephen Alexander Vaden 

Oflice Address 

(include street address) 

Otlrer Names Used 

~i Name Used Name Used To From 

First Name Middle Name Last Name Suflix (MonthlY ear) (MonthlY ear) 

(Check box if (Check box if 

estimate) estimate) 

N/A Est Est 

0 0 

Est Est 

0 0 
87 

Birtll Year and Place 

Year of Birth Place of Birth 

(Do not include month and day.) 

1982 Memphis, TN 

Marital Status 

Check All That Describe Your Current Situation: 

Never Married Married Separated Annulled Divorced Widowed 

X 0 0 0 0 0 

Spouse's Name 

(current spouse only) 

S!louse's First Name S!lonse's Middle Name S!louse's Last Name S11ouse's 

Suffix 

N/A 

Spouse's Otlter Names Used 

(current spouse only) 

ij Name Used Name Used To From 

First Name Middle Name Last Name SuffiX (Month/Year) (Month/Year) 

(Check box if {Check box if 

estimate) estimate) 

N/A Est Est 

0 0 

Est Est 

0 0 
88 

Children's Names (if over 18) 

First Name Middle Name Last Name Suffix 

N/A 

2. Education 

List all post-secondary schools attended. 

Type of School Date Began Date Ended 

School 

Name of (vocational/technicaVtrade school, School (month/year) (check Date college/university/military college, (month/year) Degree School correspondence/distance/extension/online (check box if box if estimate) Awarded 

school) estimate) (check "present" box 

if still in school) 

Vanderbilt University E" Est Presenl B.A. 5/14/04 

University 8/2000 0 5/2004 0 0 

Yale Law Professional School E•t Est Present J.D. 6/4/08 

School 8/2005 D 6/2008 D 0 

E•t Est Present 

D 0 D 

Est Est Present 

D 0 0 
89 

3. Employment 

(A) List all of your employment activities, including unemployment and self-employment. 

If the employment activity was military duty, list separate employment activity periods to 

show each change of military duty station. Do not list employment before yom· 18th 

birthday unless to provide a minimum of two years of employment history. 

TyJle of Em11loyment 

(Active Military Duty Station, Date 

National Guard/Reserve) Ern(!loyment 

USPHS Commissioned Corps, Date Ended 

Other Federal employment, Name of Your Most Recent Location Em11loyment (month/year) 

State Government (Non~ Em(!loyer/ Position (City and Began (check box if 

Federal Employment), Self- Assigned Duty State (month/year) estimate) 

employment, Unemployment. Station Title/Ran It only) (check box if (check 

Federal Contractor, Non- estimate) "present'' box 

Government Employment if still 

(excluding self-employment), employed) 

Other 

Other Federal U.S. Department of Principal Washing 112017 [$( Present [$( 

Employment Agriculture Deputy ton, D.C. 0 

General 0 

Counsel 

Non-Government Jones Day Associate Washing 8/2014 E<t 112017 Est 

Employment ton, D.C. 0 0 

Non-Government Patton Boggs Associate Washing 1/2011 E•t 7/2014 Est 

Employment ton, D.C. 0 0 

Other Federal Hon. Samuel H. Law Clerk Memphi 9/2009 Est 1212010 

Employment Mays, Jr. (W.D. s,TN 0 0 

Tenn) 

Other Federal Hon. Julia Smith Law Clerlt Memphi 9/2008 E<t 9/2009 E>t 

Employment Gibbons (6th Cir.) s,TN 0 0 

(B) List any advisory, consultative, honorary or other p"art-time service or positions with 

federal, state, or local governments, not listed elsewhere. 

Date Service Date Service Ended 

Name of Government Name of Position Began .(month/year) (check box 

Entity (month/year) if estimate) (check 

(check box if ''present" box if still 

estimate) serving) 

None E" E•t Present 

0 0 0 
90 

4. Honors and Awards 

Est 

Est 

Est Present 

0 

Est Present 

List all scholarships, fellowships, honorary degrees, civilian service citations, military 

medals, academic or professional honors, honorary society memberships and any other 

special recognition for outstanding service or achievement. 

Phi Beta Kappa 

Phi Alpha Theta (history honorary society) 

Vanderbilt Fellow to the Center for the Study of the Presidency 

5. Memberships 

List all memberships that you have held in professional, social, business, fraternal, 

scholarly, civic, or charitable organizations in the last 10 years. 

Unless relevant to your nomination, you do NOT need to include memberships in 

charitable organizations available to the public as a result of a tax deductible donation of 

$1,000 or less, Parent-Teacher Associations or other organizations connected to schools 

attended by your children, athletic clubs or teams, automobile support organizations (such 

as AAA), discounts clubs (such as Groupon or Sam's Club), or affmity 

memberships/consumer clubs (such as frequent flyer memberships). 

Name of Organization Dates of Your Membershil! Position{s} Held (You may approximate.) 

First Baptist Church October 2016- Present Member 

Federalist Society for Law and August 2006 - Present Member of the Administrative 

Public Policy Studies Law Practice Group Executive 

Committee March 2015- Present 

Teneo* August 2008 (approx.)- Present Member 

*Social organization unaffiliated 

with Teneo Holdings 
91 

6. Political Activity 

(A) Have you ever been a candidate for or been elected or appointed to a political office? 

No 

Year(s} Election 

Name of Office Elected/A!!JlOinted/ Held or Term of Service 

Candidate Only Alli!Ointment (if applicable) 

Made 

N/A 

(B) List any offices held in or services rendered to a political party or election committee 

during the last ten yea1·s that you have not listed elsewhere. 

Name of Party/Election Office/Services Rendered Resuonsibilities Dates of 

Committee Service 

NIA 
92 
93 

(C) Itemize all individual political contributions of $200 or more that you have made in the 

past five yean to any individual, campaign organization, political party, political action 

committee, or similar entity. Please list each individual contribution and not the total 

amount contributed to the person or entity during the year. 

Name of Reci11ient Amount Year of Contribution 

Tennessee Republican Party $250.00 2017 

Tennessee Republican Party $275.00 2016 

Grant Starrett for Congress $1,200.00 2016 

Grant Starrett for Congress $1,500.00 2016 

Ken Leonczyl< for Congress $1,500.00 2012 

Ken Leonczyl< for Congress $1,000.00 2012 

Bill Sanderson for State Representative $250.00 2016 

John Stevens for State Senate $200.00 2016 
94 

7. Publications 

List the titles, publishers and dates of books, articles, repot·ts or other published materials 

that you have written, including articles published on the Internet. 

Title Publisher Date(s} of Publication 

Ghosts from the Past: Richard Available on Vanderbilt Published online March 2004 

Nixon, the 1970 Cambodian University library website 

Incursion, and a Re-Evaluation of 

His "Plan" to End the Vietnam 

War 

More Judicial Accountability is Tile Commercial Appeal July 5, 2013 

Welcome 

Tennessee Trial Court Strikes Federalist Society State Courts June l, 2015 (Summer 2015 

Down State's Tort Reform Act Guide edition) 

Perez v. Mortgage Ba111iers E11gage: Tile Joumal of tile October 2015 (Volume 16, Issue 

Associatiou: Portending a Return Federalist Society Practice Groups 3) 

to Judicial Engagement 

Bad Buy in Real Life Potboiler is Tile Teuuesseau August 24, 2008 

Not Election of Judges 

Cllevron Deference in the Circuit Federalist Society Blog: August 17, 2016 

Courts Podcast: October 28,2016 

Prc-9/ll Politicians in a Post 9/ll Oxford University Press 2007 

World (essay in l11telligeuce aud 

Natioual Security: Tile Secret 

World of Soles) 
95 

8. Lobbying 

In the past ten years, have you registered as a lobbyist? If so, please indicate the state, 

federal, or local bodies with which you have registered (e.g., House, Senate, California 

Secretary of State). 

I have not registered as a lobbyist. 

(97) 

QUESTIONS AND ANSWERS 

NOVEMBER 9, 2017 
98 

Senate Committee on Agriculture, Nutrition, and Forestry 

Nomination Hearing 

Thursday, November 9, 2017 

Questions for the Record 

Mr. Glen Smith 

Questions from Chairman Pat Roberts 

1. Crop insurance is a critical tool to producers in Kansas and many of the entities who finance 

them. What thoughts do you have about risk management and how the Farm Credit 

Administration should consider these tools as you assess the state of our agricultural 

economy and its potential impacts on the safety and soundness of the Farm Credit System? 

Crop insurance is the most important risk management tool and safety net farmers have to 

manage the up-and-down cyclical nature of production agriculture. After the elimination of 

direct payments, lenders have come to depend on crop insurance before extending credit 

to a farmer. If confirmed to the Farm Credit Administration board, the knowledge I've 

gained over the past 35 years as a farmer and agribusiness owner will guide my decisions. 

The Farm Credit System remains safe and sound so that it can continue to serve its mission 

of providing competitive credit to America's farmers, ranchers, and their cooperatives. I 

know from experience, crop insurance is a critical tool for the System to continue to serve 

its mission. 

2. Farmer Mac is a Government Sponsored Enterprise under the Farm Credit Administration's 

jurisdiction. As with a number of other GSEs, Farmer Mac experienced significant financial 

losses due to investments during the economic downturn of 2008. It has since recovered 

and remains an important partner to both System lenders and commercial banks. What 

lessons were learned after 2008, and what safeguards should the Farm Credit 

Administration maintain to ensure the strength of Farmer Mac? 

Farmer Mac was created by Congress in 1987 to provide a secondary market for agricultural 

lenders and rural utility cooperative loans. The Farm Credit System stepped in to stabilize 

Farmer Mac in 2008 when non-Farm Credit System investments resulted in losses. FCA 

routinely examines Farmer Mac to evaluate its safety and soundness. If confirmed, I will be 

very active with the Office of Secondary Market Oversight to ensure that Farmer Mac 

continues to be safe and sound so that it will continue to serve its important mission to 

agricultural lenders. 

3. One point of contention I hear from competitors is that the System is expanding into areas 

of the economy that, some argue, Congress might not have envisioned when the System's 

lending jurisdiction was expanded back in the early 1990s. What limits are there to the 

lending authority of the Farm Credit System, and does the Farm Credit Administration 
99 

authorize System lending to any company engaged in business in a "rural" part of the 

country, regardless of the availability of other private financing? 

I too have heard this contention from my banker friends. My understanding is that Congress 

gave the System the authority to lend to functionally similar entities over 20 years ago as a 

risk diversification tool. There are guidelines in the statute that need to be followed. 

Sometimes, however, the lines are a bit gray. It is the FCA board's responsibility to make 

sure that the System stays within the lines. I think that is where communication with this 

committee is vital. Even though similar entities may be within the guidelines of the statute, I 

believe the board should always keep in mind that System institutions are agricultural co-op 

lenders and they must be wary about possible criticism and reputation risk that could result 

if they misinterpret the guidelines. 

4. At times, it may be necessary to gauge the correct oversight response towards a particular 

issue of the Farm Credit System. What principles will guide your decision making on 

regulatory questions? In addition, what impact, if any, do you believe agricultural 

commodity prices should have on this regulatory lens at the FCA? What ideas do you have 

going forward to make sure confidence in the Farm Credit Administration is improved? 

If confirmed, I know that I have a lot to learn. I was honored and humbled by my 

nomination to the Farm Credit Administration board. As a successful farmer and agribusinessman, I know the importance of being flexible. My wife and business partner of 35 

years and I intentionally kept our family business at a manageable size so that we could 

react to ever-changing conditions. Regulation aimed at promoting the strength of the 

System also needs to be flexible. Congress created FCA as a small, independent, regulatory 

agency that nimbly responds to the unique credit needs of farmers and ranchers in the 

volatile agriculture economy. As a safety and soundness regulator, FCA has to be aware of 

market conditions. Current conditions in the agriculture economy do cause me concern. As 

an FCA board member, I will encourage System lenders to focus on their relationships with 

their member-borrowers and to work with them to determine the best outcome for each 

individual. 

Questions from Senator Debbie Stabenow 

1. You have been nominated to serve at a challenging time for the farm economy. From low 

commodity prices to major natural disasters and trade uncertainty, there are many factors 

that are impacting a farmers' bottom line. At the same time, it is my understanding that 

today, the Farm Credit System on the whole is in a safe position from a lender's perspective 

to weather the current downturn. However, a prolonged period of low commodity prices 

could begin to take a toll on both farmers and lenders. If confirmed, you will have an 

important role in balancing the Farm Credit Administration's (FCA) mission to serve 

agriculture and rural America, while maintaining the financial stability of Farm Credit 

System lenders. 
100 

a. How will the current state of the farm economy shape your decision making? 

The current state of the farm economy warrants caution. As a safety and soundness 

regulator, FCA will need to take that into consideration in the examination process. 

b. How will you work with FCS institutions to find the balance between maintaining their 

financial safety and soundness, while also ensuring our farmers and ranchers have a 

dependable source of credit? 

America has a diverse ag economy and while many ag producers are under some stress, 

each bank and association regulated by FCA face similar but different challenges. Farm 

Credit System institutions know their borrowers best. Regulation aimed at promoting 

the strength of the System needs to be flexible. Congress created FCA as a small 

regulatory agency that nimbly responds to the unique needs of farmers and ranchers in 

the volatile agriculture economy. 

2. The Farm Credit System's (FCS) rural and agricultural mission is part of what makes it such a 

valuable partner for many farmers, ranchers, and communities around the country. 

However, this reputation can be compromised when it is perceived that FCS institutions are 

engaging in activities that stray from this mission. In particular, commercial lenders often 

cite loans that fall under the "similar entity" lending authority as instances where the FCS is 

falling short of fulfilling their mission. While it is important that this authority is used 

judiciously, it also provides an important tool by allowing greater diversification of risk 

among FCS institutions. 

a. How will you advise regulated entities when it comes to decisions related to using the 

"similar entity" authority, or other authorities that may be scrutinized by the public or 

private lenders as straying from the mission of Farm Credit? 

Congress gave the System similar-entity authority as a risk management tool. The 

authority allows the System to diversify its loan portfolio by working through nonSystem, commercial lending institutions. Reputation a I risk to the System posed by any 

transaction must always be considered. The Farm Credit System is a governmentsponsored enterprise with a public purpose mission. This mission means the role of FCA 

as an arm's-length regulator goes beyond the obligation to confirm institutional 

compliance with the Farm Credit Act. FCA will need to work with the Agriculture 

Committee to determine the congressional intent for this authority. 

b. Will you commit to working with the other FCA board members to protect the FCS's 

reputation as a reliable partner for farmers, ranchers, and rural communities? 

If confirmed, I am committed to working with the other members of the FCA board and 

other stakeholders to protect the FCS's reputation as a reliable partner for farmers, 

ranchers, and rural communities. 
101 

3. FCA board members are responsible for reviewing any mergers, name changes, and other 

corporate changes within the FCS. If confirmed, what factors will you consider as you review 

mergers and other potential changes within the FCS? 

If I am confirmed, service to mission will be one of the criteria I will use to evaluate possible 

mergers, name changes, or other corporate changes. I will also look to the professional staff 

at FCA for guidance in any potential System change. 

4. In addition to FCS institutions, the FCA is also responsible for the oversight of Farmer Mac, a 

separate GSE created in the wake of the 1980s farm crisis to provide a secondary market for 

agricultural loans. This secondary market serves an important function, but few people fully 

understand Farmer Mac, its mission, where it fits in the lending community, and it is a 

smaller portion of the FCA's regulatory responsibilities. Will you commit to providing the 

same rigor of oversight of Farmer Mac's safety and soundness as you will to the rest of the 

Farm Credit System? 

Congress created Farmer Mac in 1987 to provide a secondary market for ag lenders and 

rural utility cooperative loans. I believe in its mission and have used it in my private sector 

career. Rigorous oversight of Farmer Mac is critical to its ability to fulfill its mission. 

Therefore, I am committed to providing the same degree of oversight to the safety and 

soundness of Farmer Mac as is applied to the rest of the Farm Credit System. 

5. In your ethics agreement, you agree, if confirmed, to resign from your current position with 

Smith Land Service Co. and Smith Generation Farms Inc. and agree to receive passive 

investment income from these entities. What do you understand that agreement to receive 

passive investment income to mean regarding any activities or actions you can take with 

regard to Smith Land Service Co and Smith Generation Farms or any advice you can provide 

to individuals operating those entities? 

If confirmed, I have agreed to resign from Smith Land Service Co. and Smith Generation 

Farms. My son Peter will take over all decision-making roles in both companies. I 

understand he may seek advice from time to time, but all final decisions will be his and his 

alone. I have been in contact with the FCA ethics official. I will comply with their guidance, 

and if in the future any questions arise, I will seek and follow agency ethics guidance. 

6. If you are confirmed, I look forward to working with you on the upcoming Farm Bill and 

other issues of importance to American farmers, ranchers, and families. If confirmed, do 

you agree, without reservation, to: 

a. Promptly reply to any request for information from me or any duly constituted 

committee of the Congress and provide the requested information? 

I do. 
102 

b. Respond to my requests for data and technical assistance in drafting legislation? 

We will provide any requested assistance. 

c. Notify me or my staff in advance of making public any major changes FCA decides to 

make or major decisions FCA makes during your tenure? 

We will always keep you aware of any major changes to FCA during my tenure. 

d. Provide to this Committee any reports provided by FCA to the Senate Appropriations 

Committee or the Agriculture, Rural Development, Food and Drug Administration, and 

Related Agencies Appropriations Subcommittee? 

We will provide to this committee any reports requested in accordance with statute. 

Questions from Senator Amy Klobuchar 

1. In Minnesota, the average farmer is 58 years old. As I travel the state, I hear from young 

people who are enthusiastic about getting started in agriculture and are actively trying to 

acquire the capital necessary to begin their own operation. In your testimony you talked 

about the importance of supporting young farmers. In your opinion, how big of a problem is 

access to land and capital for young and beginning farmers? How can the Farm Credit 

Administration help address the obstacles that young and beginning farmers face in 

accessing capital? 

I believe that land and machinery are significant barriers for young people wanting to begin 

a career in production agriculture. Iowa farmland averages $7,500 to $8,000 an acre. I am 

sure Minnesota land values are comparable. Costs for farm implements and machinery are 

in the hundreds of thousands of dollars. Unless a young or beginning farmer inherits the 

family farm or has help from someone, it is almost cost-prohibitive to start. At my 

confirmation hearing, I suggested that a young person might want to start out small -for 

example, raising specialty crops on a small-acreage farm. 

Farm Credit System institutions have programs to help young and beginning farmers and 

ranchers. Something I've noticed about these programs is that a lot of young people are not 

aware of them. In this case, more aggressive marketing and outreach about these programs 

to young people would be helpful. Also, I believe Farm Credit should partner more often 

with USDA's Farm Service Agency. 

FSA loan guarantees could be very helpful in mitigating the risk associated with young and 

beginning farm lending. I am passionate about the future of our industry and for the next 

generation of farmers and ranchers. This is personal to me because my son and daughter 

are young farmers just entering the growth, risk-prone stage of their careers. If confirmed 

to the FCA board, I will dedicate myself to helping the next generation of America's farmers 

and rancher. 
103 

2. Mr. Smith, as your testimony described, commodity prices have been declining for several 

years and the USDA is forecasting lower cash income for crops and livestock going forward. 

Some believe that we are heading into a period of lower commodity prices for several years. 

I have recently met with lenders in Minnesota and they outlined for me the challenges that 

credit institutions may face as commodity prices drop. How can the Farm Credit System and 

its member institutions help individual farmers get through a longer-term downturn in 

commodities prices? 

First, the economic prosperity many in agriculture enjoyed recently spurred spending 

practices that may not be sustainable if the farm economy has a prolonged downturn. That 

is one thing farmers and ranchers should consider in their finances. A farmer may want to 

keep farm machinery longer instead of trading up. Also, diversifying income with off-farm 

jobs may be necessary. In other words, there are actions farmers and ranchers can take to 

help themselves survive, but Farm Credit may have to act as a financial advisor at times to 

assist in these decisions. 

As far as the Farm Credit System and its institutions are concerned, I believe they should be 

partners with their borrower-owners during difficult times. As a government-sponsored 

enterprise, Farm Credit has an obligation to be there for farmers and ranchers in the bad 

times as well as the good times. Farm Credit borrowers also have rights, provided by 

Congress, that require Farm Credit institutions to work with troubled borrowers. These 

rights include a least-cost test between foreclosure and loan restructuring and a right of 

first refusal, to name a few. 

As the Farm Credit System's safety and soundness regulator, FCA may need to take a 

prolonged downturn in commodity prices into consideration in our examination and 

oversight responsibilities. In general, I believe that good communication and a willingness 

for the borrowers, lenders, and regulator to work together will keep the Farm Credit System 

safe and sound and at the same time allow farmers and ranchers to survive a prolonged 

downturn in the farm economy. 
104 

Senate Committee on Agriculture, Nutrition, & Forestry 

Nomination Hearing 

November9, 2017 

Questions for the Record 

Mr. Stephen Vaden 

Chairman Pat Roberts 

(I) In 1935, Congress created the authority for the "Section 32" account that provides funds 

towards child nutrition programs, as well as programs for producers and other domestic 

food assistance. Section 32 is funded by a permanent appropriation of 30 percent of annual 

U.S. customs revenue. While Congress has reduced USDA's flexibility to assist farmers 

with these dollars, some discretion remains for AMS to purchase commodities and to make 

available food commodities for those affected by disasters, such as the recent hurricanes. 

What are your views generally regarding these types of authorities? Should USDA seek 

to utilize all of its available authorities to help various constituencies, even when not 

required by law? USDA has authority to use a variety of resources to provide food 

assistance for those in need during a disaster. These authorities help USDA fulfill the 

Secretary's mission to "Do Right and Feed Everyone." However, like any resource 

available to USDA. the "Section 32" resources must be utilized in a manner consistent with 

applicable law. One of my roles as General Counsel would be to define the legal options 

USDA has to use such resources to address specific situations. Once these options have 

been identified. the selection of a specific approach is a decision of the policy officials of 

USDA. not the General Counsel. 

(2) A significant amount of resources is spent defending the U.S. Forest Service from frivolous 

litigation. Are there any tools that Congress can provide to the Agency to help with this 

issue? I understand that several Congressional committees are reviewing the major 

environmental statutes and that some of the contemplated changes would affect the manner 

in which litigation is conducted. OGC is providing technical assistance as requested. 

(3) Regarding commodity checkoffs, how should USDA work to ensure that qualified state 

beef councils and qualified state soybean boards can still operate and promote the beef and 

soybeans produced in their states? Will the recent RCALF vs. MT Beef Council case 

require a change in operation by these entities? The Agricultural Marketing Service (AMS) 

continues to work with the Cattlemen's Beef Board and the United Soybean Board to 

oversee the work done by the qualified state beef councils and qualified state soybean 

boards respectively. It is premature to speculate whether a change in operations will be 

needed, as the Federal courts have not rendered final decisions on the pending cases 

involving qualified state beef councils. USDA is committed to ensuring these entities 

remain in operation. 

(4) The Farm Bill process is complex and functions best for the Department and stakeholders, 

in the short and long term, when there is candid communication, both technical and 

programmatic, between the implementing agencies and the legislative branch of 

government. How will the U.S. Department of Agriculture work to help to ensure that these 
105 

lines of communication are not chilled by future third party information requests, especially 

those that appear broad or do not have a particular subject matter? OGC will provide advice 

regarding compliance with the FOIA statute, including all applicable exemptions. 

(5) The National Bioengineered Food Disclosure Standard became law in July 2016. As you 

are aware, there was a significant delegation of authority to the Secretary regarding the 

scope and application of the Standard. The law also included express preemption language 

that prohibited state and local governments from interrupting the distribution and 

availability of food in interstate commerce. When the Secretary makes the detem1inations 

regarding the scope of the Standard, how will you advise him regarding whether any 

exemption under the Standard would or would not affect the express preemption provided 

last summer? The preemption language in 7 U.S.C. § I639i to be broad, notwithstanding 

the exclusion in 7 U.S.C. § 1639j. My advice to the Secretary would be that any exemptions 

under the National Bioengineered Food Disclosure Standard should not affect the 

preemption provided in those statutory provisions. 

(6) Authority for a new organic checkoff was included in the 2014 farm bill. Checkoff 

promotions are prohibited from disparaging other products. What does "disparagement" 

mean to you? How will you ensure that the new organic checkoff will not disparage food 

that is produced from biotechnology? The Ag1icultural Marketing Service (AMS) 

considers communications disparaging when they depict other commodities in a negative 

or unpleasant light via either overt or subjective video, photography. or statements. AMS 

does not consider communications that are strictly comparative to be disparaging. 

Comparative advertising is advertising that compares facts about different commodities or 

products. Should the Secretary implement a new organic checkoff, AMS would exercise 

the same oversight of that checkoff as it does of all commodity checkoffs. It would review 

all communications that are to be funded by the organic checkoiT and disapprove any 

communications deemed disparaging to another commodity or competitor, including 

commodities produced from biotechnology, or in violation of the prohibition against false 

and misleading advertising. The Office of the General Counsel's role would be to advise 

AMS should questions arise about the checkoffs proposed communications. 

(7) Senator Stabenow and I wrote the Secretary in September regarding administrative actions 

that could improve dairy insurance through the Risk Management Agency. Dairy producers 

have raised the question of whether the milk they produce may be treated by definition as 

"livestock" or as a separate "agricultural commodity" under crop insurance. If confirmed 

as General Counsel, how will you ensure the agencies and the Department conduct reviews, 

reach decisions, and implement programs to provide support for producers in a timely and 

transparent manner? The role of the General Counsel is to provide legal advice to ensure 

that the actions of USDA are consistent with applicable law. To the extent that the law 

requires a specific review, decision, or action bt: made within a specific pe1iod of time or 

through a specific process, my staff and I will work with the appropriate USDA policy 

officials to ensure such legal obligations are satisfied. OGC will also work with your 

Committee to provide timely technical assistance as requested. 
106 

(8) USDA OIG's Management Alert Memo on September 29, 2017, discusses efforts by 

USDA's Office of the Chieflnformation Office (OCIO), Agriculture Security Operations 

Center (ASOC), to drill down on suspicious network activity. Essentially, monitoring has 

revealed that USDA suffers "information technology-related misconduct, or unauthorized 

network use" involving some degree ofpomography. This activity, which exposes USDA's 

IT systems to risk, is preventable. Do you commit to drilling down on the problem, and 

using available resources to eliminate the problem? It is my understanding that OCIO's 

office had submitted to OIG a plan of action to address suspicious network acti·vity and the 

Secretary's office has told OCTO to make these corrections a priority. 

Senator Debbie Stabenow 

(1) The Office of General Counsel plays a critical role in ensuring that USDA- along with 

its Agencies, offices, and employees, and institutions participating in or administering 

USDA programs- acts in accordance with the law. 

a. Please describe your vision and priorities in leading this critical Office. My 

priorities are excellent client service, providing professional training and 

development opportunities for OGC attomeys, protecting the rule of law, and 

ensuring that our attorneys render the best possible legal advice. 

b. What changes to the Office- or to its operations, processes, or personnel - do you 

believe should be implemented, if any? Currently. the Regional Attorney position 

for the Mountain Region as well as the Deputy Associate General Counsel position 

for OGC's General Law Division are vacant. T anticipate that these leadership 

positions will be filled. Should I be confinncd as General Counsel, I would also 

anticipate the appointment of a Principal Deputy General Counsel. OGC is 

cunently transitioning to a new document management system that will allow all 

attorneys easy access to all of the Office's legal documents. I also anticipate further 

steps toward integrating the Regional Oflices into the work of the Depm1ment as a 

whole. 

c. Please describe how your management approach has been developed through 

specific examples of your past experiences. My management approach has been 

developed through my experience vvorking as an attorney in a two large law !inns. 

as a clerk tor two federal judges, and running my family's business. I believe in 

direct lines of communication with those who are responsible for the issue at hand. 

I have an open-door policy and expect attorneys with issues requiring my attention 

to bring those matters directly to me. I believe in eliminating unnecessary meetings 

so that attomcys can spend the majority of their time advising clients. I expect 

senior attorneys, including myself, to be available to our clients as their needs 

dictate. 

(2) The USDA's Office of the Inspector General (OIG) plays a critical role. 
107 

a. Do you commit to ensuring that USDA cooperates fully and candidly with any 

request for information from the OIG, and that USDA provides all requested 

information promptly to OIG? Yes. 

b. What steps will you take to ensure the OIG has timely access to all requested 

information? Our career Deputy General Counsel Inga Bumbary-Langston serves as 

OGCs liaison to OIG. She is in regular contact with OIG to ensure that our stat! 

promptly fi.tltlll any pending requests for information. as stated above. 

(3) Recent media reports have revealed a lack of cooperation by certain Executive Branch 

officials with respect to the important work of the Government Accountability Office 

(GAO). As you know, GAO is an independent, nonpartisan agency that works for 

Congress, with a principal focus on investigating the Federal government's spending of 

taxpayer dollars. As public servants, we must ensure that taxpayer dollars are spent 

appropriately, and GAO plays a critical role in fulfilling our collective responsibility to 

American taxpayers. 

a. Do you commit to ensuring that USDA cooperates fully and candidly with any 

request for information from GAO, and that USDA provides all requested 

information promptly to GAO? Yes. 

b. What steps will you take to ensure that GAO has timely access to all requested 

information? OGC staff will work with agency GAO liaison officers to make sure 

that any problems with respect to access to infom1ation are promptly resolved 

between the agency and GAO. \vl1en requested, OGC attomeys will attend GAO 

entrance conferences with instructions to ensure that the process for accessing 

records is finalized at the start. Finally. OGCs career Associate General Counsel 

for General Law and Research maintains a positive relationship with GAO's 

appropriations law group and provided all infmmation requested as well as legal 

input for two GAO decisions rendered in FY 2107 on appropriations matters. 

(4) If confirmed as General Counsel, you will be asked for your legal opinion on proposed 

USDA policies and actions, and on occasion, you may believe that a proposed policy or 

action is not fully supported by Jaw. 

a. Should such a situation arise, do you commit to clearly communicating your legal 

concerns to the appropriate senior USDA leadership? Yes. 

b. What will you do if other USDA officials or individuals outside USDA ask you to 

approve something that you do not feel the law, congressional intent, or the 

Constitution supports or allows? I will ren1se to approve it. 

(5) Except for a valid claim of executive privilege, do you believe that there are any other 

bases to withhold docUlllents or information from Congress? If so, please describe those 

bases. Unless there is a statute that specifically prohibits the sharing of the infmmation, 

it is my understanding that the Executive Branch works to accommodate Congressional 
108 

committee requests according to longstanding policy and practice recognized by the 

courts. Where such requests touch upon Executive Branch confidentiality concerns, we 

will work with the Committee under this Constitutional accommodation process to reach 

a mutual agreement for conditions of release to satisfy the Committee interest. 

(6) On June 14, 2017, I sent a letter to you, Acting Deputy Secretary Michael Young, and 

Chieflnformation Officer Jonathan A1boum, requesting information relating to USDA's 

actions with respect to public disclosure of records and information under FOIA. In a July 

28, 2017 written response to my letter, Chief Information Officer Alboum stated that 

proposed amendments to USDA's FOIA regulations, including amendments to 

incorporate changes required by the FOIA Improvement Act of 2016, had been drafted 

by USDA personnel and were "near the point of proceeding through formal Departmental 

clearance before seeking publication in the Federal Register." 

a. What is the current status of the proposed amendments? OGC has cleared the 

regulations and they are being sent to the Office of Budget and Program Analysis 

(OBPA) by OCIO for transmission to OMB. 

b. By what target date do you anticipate the publication of the amendments in the 

Federal Register? The timeline will be determined by OBPA and OMB in 

conjunction v>ith other rulemakings on the agenda. 

c. Do you commit to prioritizing the prompt finalization of these amendments? Yes. 

(7) Please describe, in detail, any role of political appointees and other non-career personnel 

at USDA in the review of requests for information under the Freedom of Information Act, 

including the final determinations of, and responses to, such requests. The role of political 

appointees and other non-career personnel in the review of requests for information under 

FOIA, including the final detenninations o[ and responses to, such requests are govemed 

by the FOIA Act, including its 2016 amendments. Those amendments require USDA to 

appoint as its chief FOTA offic~r someone of the rank of at least an Assistant Secretary. 

USDA will follow this requirement, meaning that the person who holds this role will 

likely be a political appointee. Generally, review of requests for infonnation, including 

final detem1inations, is handled by career staff. If a requeiitcr appeals the withholding of 

information, that appeal is frequently decided by the head of the agency from which the 

information was requested. That person may be a political appointee. From time to time, 

when asked by career personnel, OGC will provide legal advice with respect to the 

interpretation of the FOIA statute. 

(8) Do you believe that there are any circumstances under which a USDA employee or 

official could properly decline to testify before a Congressional Committee? If so, for 

each such instance, please provide the legal basis. At times. the Executive Branch may 

decline to provide a patticular employee to testify when requested, and instead provide 

someone more suitable for the subject matter at hand. If a request is made for an employee 

of the agency to testify to which we have an objection and the Committee disagrees, we 

would work with the Committee under the accommodation process to find a solution that 

would meet the Committee's needs and satisfy our institutional concems about providing 

testimony. 
109 

(9) In February 2017, USDA removed thousands of pages from its APHIS website relating 

to the enforcement of the Animal Welfare Act and the Horse Protection Act, including 

facility inspection reports, lists of regulated entities, enforcement records, and research 

facility annual reports. Much of this information continues to be withheld from the public, 

depriving the public of a valuable resource to gain transparency into USDA's 

enforcement of these important animal welfare laws and cases of abuse and mistreatment 

of animals. 

a. Will you commit to providing a briefing on this issue and updating the Committee on 

where USDA stands regarding reposting the information previously removed? Yes. 

b. If confirmed will you promote transparency and adherence to animal welfare laws 

and restoring, to the greatest extent allowed by the law, the AWA and HPA records 

previously available? Yes. 

(10) On January 30,2017, President Trump issued an executive order (EO), titled "Reducing 

Regulation and Controlling Regulatory Costs," requiring that for every significant 

regulation issued by an agency, two regulations must be repealed. The notice and 

comment requirement in the Administrative Procedure Act (APA) provides the American 

public with a crucial voice in the Federal rulemaking process. 

a. If confirmed as General Counsel, will you follow the one-in-two-out directive in the EO? 

If so, how will you ensure that both the letter and the spirit of the APA is followed, 

notwithstanding the directive contained in the EO? USDA will comply with the 

requirements of the EO. and USDA recognizes the importance of public participation in 

the rulemaking process. Compliance with the EO will not prevent compliance with the 

APA: notice and comment rulemaking will proceed as required. The EO repeatedly 

includes the qualifying statement "unless otherwise required by law." In the event USDA 

cannot meet a requirement of the EO because it would prevent compliance with federal 

hrw, USDA will work closely with OIRA to develop appropriate altematives, such as 

extending timelines or obtaining a waiver of the requirement. 

b. There has been considerable confusion over whether and how this EO would apply to 

regulations required by statute, such as the GMO labeling program, which is required by 

statue to be fully implemented by July 29, 2018. Please list USDA regulations currently 

under development that are required by statute, such as the GMO labeling program, and 

explain how USDA will apply the EO to the GMO labeling regulations and other 

statutorily-mandated regulations, including how such application of the EO will comply 

with the safeguards provided by the Administrative Procedure Act. The EO repeatedly 

includes the qualifying statement ·'unless otherwise required by law." OMB issued 

guidance on April 5, 2017 specifically advising that the EO does not prevent agencies 

fi·om finalizing significant regulatory actions in order to meet a statutory deadline, even 

if unable to identify offsetting regulatory actions at the time of issuance. The guidance 

further provides that agencies must offset such regulatory actions as soon as practicable 

thereafter. USDA will folio\,. this guidance. As previously indicated, the requirements of 
110 

EO 13771 are not preemptive of statutorily imposed requirements, and therefore will not 

impede compliance with the AP A. I have been advised by career personnel that the 

Bioengineered Food Rule is the only rule currently under development that is required by 

statute. 

c. List any regulations that USDA has identified for repeal in order to meet the EO 

requirements. To the best of my knowledge. the following are the Proposed and Final 

Rules withdrawn after January 20. 2017: 

Published 

Agency RIN Title Action Date FRCite 

Part 340 -- Importation. 

Interstate Movement, and 

Environmental Release of 

0579- Certain Genetically NPRMAPHIS AEI5 EnQineercd Organisms Withdrawal 11/7!2017 82FR51582 

Scope of Sections 202(a) 

and (b) of the Packers and 

0580- Stockyards Final Rule- 10/18/2017 

G!PSA AB28 Act Withdrawal 82 FR 48594 

Un1~tir Practices and 

Undue Preferences in NPRM -

Violation of the notice of no 

osgo. Packers and Stockyards fm1her action 

GIPSA AB27 Act (Withdrawal) I 0/18/2017 82 FR 48603 

Rq,'l.llations Issued Under 

Authority of the Export 

Apple Act and 

Export Grapes and Plums: 

Changes to Export Withdrawal 

Reporting Requirements; of a proposed 

AMS Exempt Withdrawal mle 10/5/2017 81 FR46415 

Restrictions on the 

Importation of Fresh Pork 

0579- and Pork Products NPRMAPHIS AD96 From a Reuion in l\1exico Withdrawal 8/11/1017 82 FR 37546 

0551-

FAS AA68 Quality Samples Program NPRM 8/03/2006 71 FR 43992 

0551- Expmt Sales R~potting 

FAS AA8l Prm.,•Tam NPRM 3/19/1013 78 FR 16819 

0572- Project Financing - RUS AC21 Renewable Energy Loans ANPRM 615/2013 78 FR 33755 

0572- Rural Detennination and 

RUS AC32 Financing Percentage NPRM 61512013 78 FR 33757 
111 

Tuberculosis: Require 

Approved Herd Plans 

0579- Prior to Payment of 

APHIS AC65 Indemnity NPRM 7/24/2008 73 FR43171 

0581- Farmers' Market 

AMS AC83 Promotion Program NPRM !il9/2011 76 FR 3046 

National School Lunch 

Program: Reimbursement 

0584- for snacks in afterschool 

FNS AC72 care programs NPRM 1 Oil 1/2000 65 FR 60502 

0596- Enhancing Policies 

Forest Service AC89 Relating to Partnerships ANPRM 9/14/2010 75FR55710 

Management of Surface 

ActiYities Associated with 

Outstanding Mineral 

0596- Rights on National Forest 

Forest Sef\ice AD03 Svstem Lands (Directive) ANPRM 12/29/2008 73 FR 79424 

(11) The President and Secretary Perdue have each talked about removing regulatory burdens 

that they have characterized as hindering the productivity offarmers and ranchers. 

a. Please provide a list of any USDA rules or regulations that have been delayed or 

rolled back since January 20, 2017. To the best of my knowledge, these are the 

Actions Taken to Delay Effective Dates after January 20,2017: 

RIN: 0579-AEOS- Became Effective March 21, 2017 

The Department of Agriculture's Animal and Plant Health Inspection SeiTice 

(APHIS) delayed the effectiw date of the final rule for Agricultural Bioterrorism 

Protection Act o(:;OO:!; Biennial Review and Republication o(lhe Select Agent and 

Toxin List, which was published on January 19, 2017 (82 FR 6197) from February 

21,2017, until March 21,2017. RIN: 0579-AEOS 

RIN: 0596-AD26 Became Effective April !7, 2017 

The Department of Agriculture's Forest Sef\ice delayed the effective date of a final 

rule titled, Roadless Area Conservation: National Forest Srstcm Land> in 

Colorado, which reinstated the North Fork Coal Mining Area exception to the 

Colorado Roadless Rule, and was published in the Federal Register on December 

19,2016, from February 17,2017, until Aprill7, 2017. RIN: 0596-AD26 

RIN: 0580-AB28 Withdrawn 10 18/2017 

The Department of Agriculture's Grain Inspection. Packers and Stockyards 

Administration (GIPSA), Packers and Stockyards Program withdrew the Scope o( 

Sections 201{a) and {hi o(the Packers and Stockrards Act interim finalmle (lFR) 

published in the Federal Register on December 20, 2016. GJPSA accepted and 

analyzed comments on the IFR received on or before March 24,2017. ln addition, 
112 

in the April 12, 2017 Federal Register, GIPSA solicited and analyzed comments 

received on or before June 12, 2017. on four altemative actions regarding the 

disposition of the TFR. After careful review and consideration of all comments 

received, GIPSA withdrew the IFR. RIN: 0580-AB28 

RIN: 05~4-AD87- Became Fully Effective 06/5/2017 

The Department of Agriculture's Food and Nutrition Service (FNS) extended the 

etlective dates and comment period for a rule that was published January 6, 2017. 

and implemented provisions of the Food, Conservation and Enenrv Acto( 2008 

(rTEA I a(fi;cting the eligibilitv, benefits, certification, and emplovment and 

training rE& Ti requirements for applicant or participant households in the 

Supplemental Nutrition Assistance Program (SNAP). The etlective date for the 

final rule published on January 6, 2017 (82 FR 20 I 0) was delayed to May 8, 2017. 

The effective date for the amendments to 7 CFR 273.ll(e) and 273.11(t). which 

were issued as an interim final rule, was delayed to June 5, 2017. The effective date 

for the amendments to 7 CFR 273.2( c)( l )(v) was delayed to March 9. 2018. RIN: 

0584-AD87 

RTN: 0581-AD74- Final Rule; delay of effective date to 5/14/2018 

The Department of Agriculture's Agricultural Marketing Service (AMS) has 

delayed the effective date of the Organic Livestock and Poultrv Practices final rule 

published in the Federal Register on January 19, 2017, until May 14, 2018. The 

final rule was originally set to take effect on March 20. 2017. This action follows 

two other actions taken to delay the effective date; first to March 20. 2017. then to 

November 14,2017. RIN: 0581-AD74. 

b. Please identify any specific regulations or rules that USDA has identified to repeal 

thus far. The GlPSA Rule was repealed. We will ask for comment regarding the 

Organic Livestock and Poultry Practices Rule. 

c. Will USDA provide the public with notice and an opportunity to comment on any 

future actions to rescind or remove any such regulations? USDA will comply with 

the requirement of the Administrative Procedure Act. 

d. Will you seek approval from Congress to carry out this regulatory reform 

agenda? USDA will comply with the requirements of the Administrative 

Procedure Act and all other applicable laws, including the Congressional Review 

Act. 

e. Do you commit to keeping the Committee informed of USDA's plans for removing 

regulatory burdens? Yes, if requested. 

(12) On May 11, 2017, Secretary Perdue announced a major reorganization of USDA, 

impacting several critical mission areas. Although USDA solicited comments from the 

public on the reorganization, with a public comment period that closed on June 14, 2017, 
113 

USDA apparently proceeded with the reorganization prior to that date. The time line in 

that statement is incomplete. On May 11. 2017, Secretary Perdue announced the first 

phase of a reorganization of USDA by signing a Secretarial Memorandum and submitting 

a Report to Congress. The Department also solicited public comments on the proposed 

reorganization through a posting on the USDA website and a Request for lnfonnation 

published in the Federal Register. These changes reflected the establishment of the Under 

Secretary for Trade and Foreign Agricultural Aft~tirs, made corresponding changes to 

create the Farm Production and Conservation Mission Area. and disestablished the 

position of Under Secretary for Rural Development (RD), instead realigning RD to report 

directly to the Secretary. Although the Secretary signed the Secretarial Memorandum on 

May II, 2017, the Memorandum stated that it would not go into eftect until "the latter of 

30 days fl·om signature or the latest effective elate that is applicable to any required 

notification to interested parties." Accordingly, the reorganization changes outlined in 

the Secretary's Memorandum did not take effect until June 16, 2017, as stated in the 

Secretary· s letters to Congress that same day, more than 30 days after the Secretary 

announced the proposed reorganization, notified Congress. and solicited public comment. 

a. Does the proposed reorganization comply with labor relations obligations and with 

human resources management rules and regulations? If so, how did you determine this? 

USDA reYiewed and complied with affected labor-management contracts and applicable 

personnel statutes and regulations in announcing the reorganizations. 

b. With respect to the proposed reorganization, did USDA complete the Civil Rights Impact 

Analysis (CRIA) that was required pursuant to USDA regulations? If yes, please provide 

a copy of the civil rights impact analysis. USDA will evaluate and mitigate any potential 

civil rights impacts in accordance with all applicable laws and regulations. 

c. Did USDA comply with Department Regulation 1010 for this reorganization? 

Departmental Regulation 1010 is an intemal procedure of the Department for providing 

appropriate notice of certain organizational changes to Congress and others, and to ensure 

that reorganizations that affect more than one mission area are coordinated by a central 

responsible figure, the Assistant Secretary for Administration. However, the DR does not 

constrain the ability of the Secretary to implement a reorganization of the Department 

under his authority using a Secretary's Memorandum with the completion of 

organizational charts and other administrative matters required by DR 1010 to follow 

after. This follows the precedent set by the prior Administration in the creation of 

Departmental Management and the realignment of the Of1ice of Advocacy and Outreach. 

d. In your staff interview, you indicated that USDA could have dispensed with obtaining 

public comments on the proposed reorganization if desired. What authority do you point 

in support of this position? Does 7 U.S.C. section 2201 direct the Secretary to allow 

interested persons to provide their views to USDA on any proposed reorganization? The 

Secretary's authority to reorganize the Department by transfers, functions, and 

delegations is provided for in Reorganization Plan No. 2 of 1953, which is codified as a 

note to 7 U.S.C. 220 I. Section4(b) of the Reorganization Plan provides that the Secretary, 

"to the extent deemed practicable by the Secretary," shall provide advance notice and an 
114 

opponunity to comment on a reorganization. The Secretary could have determined that 

notice and comment was not practicable in this circumstance, but he did not. 

c. Was the proposed reorganization, or any part of it, in effect prior to the conclusion of the 

public comment period or review of comments received? No. 

f. How were the comments on the aspects of the reorganization announced on May 11,2017 

received, considered or adjudicated by USDA? Were any changes made to the proposed 

reorganization in response to public comments? Please describe any such changes. This 

was not APA notice and comment rulemaking. The comments were considered in terms 

of the final adoption of the reorganization. On reconsideration after reviewing the 

submitted comments, the Under Secretary for Food Safety will continue to be the U.S. 

Codex Office Policy Committee chair; and the Under Secretary for Trade and Foreign 

Agricultural Affairs will be the vice chair. 

g. While the creation of the Trade Under Secretary was required by the law, the rest of the 

reorganization was not. What analyses (legal, workload, etc.) did USDA conduct to 

justify the reorganization, including the justification that moving NRCS to the new 

mission area for Farm Production and Conservation would "improve customer service"? 

The legal requirement for the establishment of the Under Secretary for Trade lacked some 

conforming amendments. notably. how to deal with the remaining misnamed Under 

Secretary for Farm and Foreign Agricultural Services. The Farm Bill provision also did 

not create an additional Under Secretary. Thus, it was determined that existing legal 

authority under the Reorganization Plan combined with the Fam1 Bill trade Under 

Secretary provision allowed for the renaming of the Under Secretary for Farm and 

Foreign Agricultural Services as the Farm Production and Conservation mission area to 

accomplish the mandate of the Fam1 Bill provision. The move ofNRCS to FPAC brings 

together all the agencies directly serving producers under one "roof' with the intent to 

provide the highest and best customer service. 

(13) Did you participate, in any way, in USDA's decision to eliminate the position of 

Undersecretary of Rural Development? If so, please describe, in detail, your 

involvement. OGC provides legal advice. not policy advice. T commented, when asked, 

regarding the legal powers available to the Secretary to reorganize the Department. 

(14) The Office of Management and Budget (OMB) has a clear role in both the fmmulation 

of the President's Budget and the regulatory review and approval process. But the 

majority of decisions at USDA are vested with Secretary Purdue. The OMB budget 

proposal for agriculture included a number of radical proposals and was rejected by 

Congress. 

a. From a legal perspective, is it accurate that the Secretary is obligated to follow 

Congressional direction and that OMB has no legal authority to require USDA to 

manage to a budget that was rejected by Congress? The Secretary is obligated to 

follow the law and expects to manage USDA ·s budget as provided in appropriations 

acts. The President's budget and the Congressional appropriations do not line up 
115 

one-to-one. Therefore. where Collb'Tess bas not expressly rejected or modified a 

budgetary line item, the Secretary will manage the program in accord with the 

instructions of the President's budget and in accommodation with the amounts and 

conditions provided in the appropriations act. 

b. Please identify any programs, grants or initiatives that are Congressionally directed 

and/or funded that have been targeted for elimination or had funding reduced, in 

conflict with Congressional intent? None. 

(15) On April 25, 2017, President Trump issued an executive order (EO) establishing the 

Interagency Task Force on Agriculture and Rural Prosperity (Task Force), for which 

USDA is expected to provide administrative support and funding, subject to 

appropriations and any applicable legal requirements. 

a. What, if any, planning or specific activities have taken place concerning the EO? 

OGC played a minor role with the EO to date. 

b. Do you commit to informing the Committee of any legislative, regulatory, or policy 

changes that are identified or contemplated by the Task Force? Upon the release of 

the report by the White House, I am available to provide legal context to the 

Committee, if requested. 

c. Do you further commit to briefing the Committee on the report that is required by 

section 5 of the EO, and providing the Committee with copies of any supporting 

materials underlying fhe report? Upon the release of the report by the White House. 

I am available to provide legal context to the Committee. if requested. 

(16) The Forest Service continues to operate wifh a broken budget, with the agency now 

routinely spending over half of its budget fighting wildfires, up from 16% in 1995. 

a. In response to questions that I posed during Secretary Perdue's confirmation, the 

Secretary "committed to working across the Administration to build support for a 

comprehensive solution" to the Forest Service's budget. Has USDA followed through 

on Secretary Perdue's commitment to me? If so, please describe the work that has 

been completed to date. Secretary Perdue has made identifying a comprehensive 

solution to the Forest Service budget a top priority and has worked with Congress. the 

Administration and key stakeholders to cra1l a permanent solution. 

b. Will USDA submit language to Congress to fix the wildfire budget, as it has in past 

years? Budget submissions of the Forest Service are included in the budget submitted 

by the President of the United States; USDA will continue to pro\·idc advice and 

guidance to Administration officials in this regard. 
116 

( 17) Secretary Perdue has indicated in an October 6, 2017 letter to the Committee that the 

USDA maintained a coordinating role in Secretary of Interior Zinke's recent review of 

national monuments designated under the Antiquities Act of 1906. 

a. What was your role in that review? Career attorneys provided answers to Department 

of Interior officials on technical questions relating to the authority of the Secretary of 

Agricultnre to manage national monuments jointly with the Secretary of the Interior. 

b. In the letter, Secretary Perdue indicated that "USDA continues to be actively involved 

in reviewing the remaining four national monuments in California and are in the 

process of advancing related data to the joint Department of Interior team." Can you 

outline USDA's continuing role in the review of these California monuments in more 

detail and provide a description of the "related data" that Secretary Perdue was talking 

about in his letter? USDA responded to requests from DOl regarding the four Forest 

Service-managed monuments under review in Califomia. Related data provided by 

the USDA Forest Service included information on associated land use plans; activities 

permitted at the monument prior to and since monument designation (recreation, 

energy. minerals. timber. grazing, subsistence, and cultural); agency awareness of 

associated legislative language; altemative options other than monument designation 

for protecting resources within the designated areas; designated wilderness areas or 

wilderness study areas within the monuments; and nearby cultural or historic 

resources located near monuments that would benefit fi·om additional protection. 

c. Secretary Zinke's final report to President Trump following the aforementioned 

review contained a recommendation to administratively shrink or diminish at least 

one national monument that is partially comprised of Forest Service land. Did the 

USDA recommend that Forest Service land be removed from existing national 

monuments during the review process? As a cooperating Department. USDA 

provided data and information tor the assessments associated with the existing 

National Monuments greater than 100,000 acres in size without a recommendation 

for removing acreage. 

d. If so, which specific acres on which national forest(s) did USDA recommend 

removing? No specific acres were recommended for removal. 

e. Please share the rationale that USDA is using to justifY the acreage's removal from 

the national monument(s). As a cooperating Department. USDA provided data and 

infom1ation for the assessments associated with the existing National Monuments 

gr.:ater than 1 OOJJOO acres in size without a recommendation for removing acreage. 

f. If confirmed, will you commit to publicly releasing all the relevant USDA documents 

on which the national monument review and the recommendations were based? The 

documents requ.:sted are protected by attomey-client and attomey-work product 

privileges, among others. If a valid request were received from the Committee. 

USDA would ·work with the Committee to provide access while maintaining the legal 

and other privileges. 
117 

g. Do you believe that the President has the authority to shrink, diminish, rescind, 

modifY, or revoke the acreage that comprises an existing national monument 

designated by a past President under the Antiquities Act? If the answer to this is yes, 

please provide a citation for any such legal authority. This is a matter of Presidential 

authority and one that is not within my purview, but it is within the purview of the 

Attorney General. 

h. If you answered yes to 17(g), do you believe that the Federal Land Policy 

Management Act of 1976 made clear that only Congress has the authority to modify 

and revoke withdrawals for national monuments created under the Antiquities Act? 

If not, why not? Explain. This is a matter of Presidential authority and one that is not 

within my purview, but it is within the purview of the Attorney General. 

(18) Recently the Department released a report in response to President Trump's energy 

independence executive order in which USDA recommended rescinding an order from 

the previous administration that protected more than I million acres of Forest Service 

land surrounding the Grand Canyon from new mining claims. 

a. Was the USDA General Counsel's office involved in the recommendation to rescind 

the order protecting the Grand Canyon area from new mining claims? Forest Service 

staff reviewed regulations and policies per the executive order and recommended 

revisions for consideration to the order for mining restrictions near the Grand Canyon. 

Once the draft repon was completed, the Office of General Counsel reviewed the 

report for legal sufficiency with no specific comments on recommendations for 

revision. 

b. If the answer to 18(a) was yes, explain the Department's rationale for changing 

course. The Forest Service was asked to look at burdens to development on Forest 

Service lands and this is one of the burdens that was identified. 

(19) Thirteen federal agencies, including USDA, contributed to last week's release of the most 

recent National Climate Assessment. The new report found, among other things, that "It 

is extremely likely that human influence has been the dominant cause of the observed 

(global) warming since the mid-20th century," and goes on to say "For the warming over 

the last century, there is no convincing alternative explanation (other than human 

influence) supported by the extent of the observational evidence." 

a. Do you agree with the repmi's findings outlined above? OGC provides legal 

counsel, not scientific counsel. Consequently, the Office does not take policy 

positions on matters of science. 

b. If not, why not? Explain. OGC provides legal counsel, not scientific counsel. 

Consequently. the Office does not take policy positions on matters of science. 
118 

(20) On August 8, 2017, I sent a letter to Secretary Perdue regarding media reports that USDA 

leadership officials, through internal USDA communications, sought to remove mentions 

of phrases such as "climate change," "reduce greenhouse gases," and "sequester carbon," 

among others, and replace those terms with other terminology such as "weather 

extremes." The censorship ofUSDA's dedicated and highly-skilled scientists and natural 

resource professionals does a great disservice to the men and women who grow the food, 

fuel, and fiber that drive our economy, not to mention the agency's civil servants 

themselves. 

a. Were you or the Office of General Counsel (OGC) consulted with respect to these 

internal USDA communications or any policy or directive - formal, informal or 

otherwise - pertaining to the subject covered in those communications? If so, 

please describe, in detail, the actions taken by you and/or OGC. As Secretary 

Perdue stated in his letter dated August 22. 2017 letter to you, there is no USDA 

policy prohibiting the use of such phrases. OGC engaged in no such consultations. 

(21) In 2016, the USDA proposed a rule change to the Horse Protection Act regulations 

concerning horse soring, after a 2010 audit by USDA's Inspector General found that the 

program failed to adequately ensure that horses were not being abused. The rule had 

overwhelming, bipartisan Congressional support from 42 Senators and 182 

Representatives who sent letters to USDA, along with more than I 00,000 public 

comments submitted in support. After an extended public comment period, the rule was 

revised and finalized. Although the rule final rule was announced by USDA on January 

13, 2017, a backlog at the Federal Register prevented it from being published. If 

confirmed, will you commit that the USDA will publish the final rule promptly? The 

OGC does not dictate policy decisions by agencies. 

(22) If confirmed, do you commit to ensuring that all USDA employees and customers are 

treated with dignity and respect, and not discriminated against on the basis of race, color, 

national origin, religion, sex, gender identity (including gender expression), sexual 

orientation, disability, age, marital status, family/parental status, income detived from a 

public assistance program, political beliefs, or reprisal or retaliation for prior civil rights 

activity? Yes. 

(23) How does USDA ensure that military personnel and veterans are given the legal 

protections to which they are entitled, including protections afforded to military personnel 

who are on reserve duty? All Departmental agencies must provide training to human 

resources personnel related to the employment of military personnel, including training 

on the protections afforded to military personnel under the Uniformed Services 

Employment and re-employment Rights Act (USERRA). Additionally, supervisors, 

managers, and executives are required to complete initial and ongoing supervisory 

training. Furthermore, postings throughout the Agency enumerate covered employees' 

rights under USERRA. Finally, where applicable, Departmental Regulations highlight 

the authorities and context under which they operate including an emphasis on 

performance management and lea\·e. 
119 

a. During your time at USDA, have any USDA employees been fired while on reserve 

duty? During my tenure. USDA has upheld the rights of all qualifying employees 

serving in the military. This includes employees holding temporary, part-time, 

probationary, or seasonal employment positions. Under 20 CFR § I 002.41, 

USERRA protections do not extend to individuals employed for brief. nonrecurrent periods. Nor do these protections extend to those for whom there is no 

reasonable expectation that their employment would have continued indefinitely or 

for a significant period of time. To the best of my knowledge, no USDA employees 

have been fired while on reserve duty since January 20, 2017. 

(24) What steps does the Office of General Counsel take to ensure that information provided 

in an employee's or nominee's financial disclosure report (OGE 278) is complete and 

accurate? Please describe how the Office of General Counsel interacts with and assists 

nominees in completing OGE 278 forms. Stuart Bender. the Director of the Office of 

Ethics. and his deputy, Andrew Tobin, work personally with each USDA nominee 10 

ensure the accuracy of each nominee's Form 278. Through personal meetings with each 

nominee, they ensure that all necessary assets and affiliations are listed before the 

transmittal of the f01m to OGE. Mr. Bender and Mr. Tobin also proYide advice to each 

nominee about their ethical requirements and what actions the nominee will need to take 

to comply with those requirements, such as divestiture, recusal, or some other action. 

(25) As you know, Michael Young served in the position of Acting Deputy Secretary of 

Agriculture from January 20, 2017 until September 2, 2017. Stephen Censky was 

confirmed to the position of Deputy Secretary of Agriculture on October 3, 2017. Who 

served as Acting Deputy Secretary of Agriculture, from September 2, 2017 to October 3, 

2017? No one. The position was vacant. 

(26) How many career Senior Executive Service (SES) employees at USDA have been 

reassigned, or have been proposed to be reassigned, since January 20, 2017? For each 

such reassignment or proposed reassignment, please describe the career SES employee's 

pre-reassignment and post-reassignment positions, as well as any bases for deciding to 

propose and/or implement the reassignment. To date. USDA has issued 12 directed 

reassignments for SES personnel. Reassignments were made in accordance with 

applicable OPM regulations. The Secretary approved these reassignments. supporting the 

intent of the SES as a mobile corps of professionals and believes that rotation of SES 

provides an opportunity to improve talent development. mission delivery. and 

collaboration. All the new assignments were made based on organizational needs and to 

match the knowledge. skills, and abilities of each SES member to their new positions. 

USDA SES Directed Reassignments 2017 

CmTcnt Position 

Deputy Assistant Secretary for 

Administration, ES-030 I, OM 
120 

Ruiz, Carl-Martin Director, Office of Adjudication, Deputy Assistant Administrator. 

ES-0301 OASCR Oftlce oflnvestigation 

Enforcement and Audit, FSIS 

Alboum, Jonathan Chieflnformation Officer. ES- Deputy Director. Oftlce of 

2210. DA Procurement and Property 

Management, DM. ES-030 I 

Jeanquart, Robet1a Director. Oftlce of Human Deputy Director, National Finance 

Resources. ES-0201, DM Center, ES-0340 

Nash, Douglas Deputy Chief Information Oftlcer, Deputy Administrator, 

ES-2210. OCFO Information Technology Service, 

ES-2210.AMS 

Chen. Vivian Deputy Assistant Administrator. Director, Recreation and Heritage 

Office of Public Health and Resources. ES-0401 

Science. ES-060 I, FSIS 

Sekar, Radha Director. Office of Budget and Associate Director, Midwest Area. 

Finance. ES-050 l, FSA ES-0340. ARS 

Beyerhelm, Associate Administrator for Associate Deputy Administrator for 

Christopher Operations and Management, ES- Farm Loan Programs, ES-030 I, 

0301, FSA FSA 

Simon, Samantha Director, Field Management Senior Invasive Species 

Division, ES-0340, GIPSA Coordinator. ES-040 I, APHIS 

White, John Depnty Director, Office of Budget Deputy Director, National Financial 

and Finance. ES-050 I. FSA Accounting and Operations Center, 

ES-0505. RD 

Adams, Keith Assistant Administrator. Deputy Administrator, Compliance 

Telecommunications. ES-0301. and Analysis, ES-030 l. AMS 

RUS 

Adkins. Anita Director, Office of Human Deputy Director. National Finance 

Resources, ES-0201, RD/RHS Center, ES-0340. OCFO 

(27) Is USDA holding all of its agencies and offices to the full-time equivalent (FTE) 

employee caps specified in the President's FY2018 budget proposal? If yes, will the 

current cap on FTEs remain in place even if the FY18 omnibus appropriations bill is 

enacted that increases funding beyond the President's budget request for some agency 

salaries and expenses accounts? USDA does not use full-time equivalent employee caps 

but manages its resources by funding levels provided by Congress. USDA agencies 

operate in accordance with enacted legislation. 

(28) At present, the Senate is still waiting to receive nominees for almost half of the Senateconfirmed positions at USDA. Under the Federal Vacancies Reform Act of 1998 

(Vacancies Act), if an Acting official remains in office beyond the 300-day mark after 

the start of the new Administration, then the Acting official risks violating the Vacancies 

Act. 

a. What will happen to current Acting officials roles at USDA at the conclusion of the 

300-day period? There are currently no acting officials for PAS positions. 
121 

b. What steps will USDA take to ensure compliance with the Vacancies Act and 

minimize any negative impact on the effectiveness of USDA operations and 

programs? USDA has complied with the Vacancies Act since January 20. 2017 and 

has filed reports on nominations, confirmations. resignations. and 

assumption/termination of acting status as required. Since almost all USDA 

authorities are delegated down to the non-PAS agency head level. there has been no 

impact on the effectiveness of USDA operations and programs due to a lacking of 

actings for vacant positions. As Secretary Perdue has stated many times, the 

professional staff at USDA has been unsurpassed during this time of transition. 

c. Please provide the names of all individuals currently serving as Acting officials in 

Senate-confirmed positions at USDA, and the respective dates on which they started 

serving in that Acting capacity. None. 

(29) It has come to my attention that with the Farm Bill due to expire on September 30, 2018, 

USDA NRCS is planning to sunset the Regional Conservation Partnership Program. 

However, NRCS is not planning to sunset the Environmental Quality Incentives Program 

or Conservation Stewardship Program, even though these programs also expire on 

September 30, 2018. 

a. Can you please provide the legal reason the agency cannot prepare for an FY19 sign 

up for RCPP but they can continue to accept applications for EQIP and CSP? NRCS 

has been advised that with respect to FY 19 a sign-up may be initiated and offers 

accepted for RCPP but such action is not required. 

b. Even though NRCS is not authorized to allocate funding for RCPP projects beyond 

September 30, 2018, are there any legal barriers to the agency accepting applications, 

as long as applicants are made aware of the fact that awards can only be made 

contingent on the passage of a new Farm Bill? NRCS has been advised that with 

respect to FY 19 a sign-up may be initialed and offers accepted for RCPP but such 

action is not required. 

c. Is the budget proposal, which calls for elimination ofRCPP, a factor in the decision 

to not prepare for an Fiscal Year 2019 RCPP application period, contingent on a new 

Farm Bill? If so, please list any other mandatory programs that USDA intends to 

sunset. The Depmtment has not concluded its review of programs for consideration 

in the upcoming Farm Bill debate and at this time continues to work with Committee 

statTby providing technical assistance as requested. Accordingly. the Department will 

continue to implement all statutorily required programs. 

(30) What role, if any, do you think Presidential Signing Statements should have in how you 

interpret or implement legislation? According to the Department of Justice's Office of 

Legal Counsel. Presidential Signing Statements have four main purposes: ( 1) to set forth 

the President's interpretation of a new statute for the Executive branch to follovv; (2) to 

set f01th how the President intends to implement the new Jaw; ( 3) to set forth the 
122 

President's enforcement primities when a new law is enacted: and (4) to identity for 

Congress substantial constitutional problems with the law that cannot be avoided such 

that it cannot be implemented and a correction is needed. OGC interprets statutes in 

accordance with their text, Snpreme Court and other relevant caw law, and other useful 

authorities and tools of statutory construction. 

(31) During your time at USDA, have there been any changes in litigation strategies or 

settlements? Do you anticipate making any such changes if confirmed? There have been 

none by USDA. USDA does not have independent litigation authority. The Department 

of Justice litigates on behalf of USDA in federal court. Should DOJ announce changes in 

its strategies affecting USDA, OGC will advise USDA's client agencies on how best to 

respond. OGC handles administrative cases before USDA ·s administrative judges and 

administrative law judges. It also handles employment disputes that are heard by 

administrative panels. I anticipate considering changes to agencies' settlement process by 

requiring agencies to consult with OGC attomeys before settling any case. This will 

promote the rule of law and better protect taxpayer monies. 

(32) What role would you like to see unions play at USDA, and what style or arrangements 

involving labor and management do you intend to foster? For example, will you foster 

labor-management partnerships at the USDA or do you believe that other kinds of 

arrangements would be preferable? What steps would you take to achieve the kind of 

labor-management relationships you want? I believe in a culture of clear 

communications. Expectations should be set and their fultillment should be rewarded. I 

believe that negotiations are the preferred way to come to an agreement on terms legally 

subject to collective bargaining. 

Senator Patrick Leahy 

1) The General Counsel of USDA oversees two Deputy General Counsels, five Associate 

General Counsels, four Regional Attorneys, and according to your written testimony, a 

total of 203 attorneys and another 54 support staff, which are spread across four regional 

offices, 8 branch offices, and the Washington, D.C. office. How have your previous 

associate positions in private practice prepared you for the considerable management role 

that comes with the position of General Counsel? And in your previous positions in private 

practice, how many staff were you personally responsible for overseeing or managing? I 

have management experience handling litigation and other matters for fim1 clients as well 

as the opportunity to observe and learn from my fellow attorneys and clients. The number 

of staff I was responsible for overseeing varied from case to case, and the largest number I 

can recall was approximately 12. Since March 17, 2017, I have been responsible for 

overseeing the USDA's 203 attorneys and 54 support staff ofOGC. 

2) You stated several times at your confirmation hearing that, as an associate at a law firm, it 

was not your job to take care ofbilling practices and that you were not able to comment on 

the billing for your clients. If you are confirmed to be the next General Counsel of the 

USDA, you would be responsible for the Office of the General Counsel, which has an 
123 

annual budget of$44,697,000. With that in mind, what should this Committee know about 

your previous management and budgeting experience that has prepared you for the position 

to which you have been nominated, since as an associate you had no experience or 

responsibility with financial matters? Beginning in college, I took a greater share of 

responsibility tor my family's business and financial matters and have successfully 

managed annual budgets and made certain that reYenucs do not exceed expenses since that 

time. In that capacity. I dealt with a complicated balance sheet and handled assets Yalued 

in the millions of dollars. 

3) With respect to competition policy for agriculture, should the USDA focus on the effects 

that certain practices have on individual farmers and firms in those markets? The role of 

OGC is to proYide legal - not policy counsel. OGC should and will adYise USDA to 

tollow the law as interpreted by the federal courts. 

4) What role do you believe the USDA should play in the overall farm economy and 

competitive markets? The role of OGC is to provide legal not policy counsel. OGC 

should and will advise USDA to follow the law as interpreted by the federal courts. 

5) Last week it was announced that the USDA is again delaying the effective date of the 

Organic Livestock and Poultry Practices final rule (AMS-NOP-15-00 12; NOP-15-06PR) 

that was published on January 19, 2017. In the November 9, 2017, announcement of this 

delay, one of the reasons cited was that the Department was questioning its statutory 

authority to promulgate this rule. This rule has received tremendous scrutiny since it was 

first published on April 13, 2016, and has received comments and input from hundreds of 

organic farmers and organic farming associations in support of the rule, including 

comments from the Northeast Organic Farming Association of Vermont (NOFA-VT) and 

Vermont Organic Farmers (VOF), which is a USDA accredited organic certifier 

representing over 650 certified organic fmmers and processors. 

a. As the Principal Deputy General Counsel or acting General Counsel, what specific 

role, if any, did you have in the review and decision for the continued delay of the 

Organic Livestock and Poultry Practices final rule? I provided legal advice 

regarding the requirements ofth<? Administrative Procedure Act. 

b. Have you reviewed the authorizations given to the Secretary under the Organic 

Foods Production Act (OFPA) and the direction within the Act for the National 

Organic Standards Board to advise the Secretary on aspects of the implementation 

of the title, the applicable organic certification program, and practices determined 

to be inconsistent with the applicable organic certification program? Y cs. 

c. Do you believe that the USDA has the statutory authority to promulgate this mle? 

lf not, what is the justification for that view? As noted in the recent Federal Register 

notice, USDA believes there are questions about the scope of its statutory authority. 

It plans to seek comments from the public about that issue, which was raised during 

the prior comment period. The justification for these questions is the statutory text 

and a number of Supreme Court decisions, such as City of" Arlington v, FCC. 
124 

Chevron v. Narural Resources Defense Council, Utili~v Air Regulatory Group \'. 

EPA, and Yates v. United States. 

6) In your testimony you cited your legal experience and that your practice focused on 

"litigation, particularly appellate litigation; administrative law; and regulatory 

compliance." You went on to say that you have expertise on the transparency requirements 

imposed on agencies by the Freedom of Information Act (FOIA). 

a. How do you. believe has your past work on FOIA has prepared you for this General 

Counsel role? My past work has acquainted me with the Federal Records Act, 

FOIA, and the case law interpreting USDA's responsibilities under these statutes. 

b. Do agree that our very democracy is built on the idea that our goverurnent should 

not operate in secret, and that transparency allows the American people to hold their 

govemment accountable? Yes. 

c. Do you share my belief that our federal agencies should operate under a 

presumption of openness when considering the release of govemment information 

under FOIA and aim to reduce the overuse of statutory exemptions to withhold 

information from the public? Yes. 

7) Given your stated expertise in transparency requirements imposed on agencies by FOIA, 

it would be useful to hear from you about the transparency efforts you have been involved 

with at the USDA related to the abrupt decision earlier this year to take the animal welfare 

database offline. 

a. What specific role, if any, did you have with the decision at the beginning of this 

year to remove the Animal and Plant Health Inspection Service's inspection reports 

related to violations of the Horse Protection Act and the Animal Welfare Act? The 

decision was made by OGC career attorneys to allow for the documents' review 

under the Privacy Act and I supported their recommendation. The OGC career 

employees· initial recommendation to take this course of action was made in 2016. 

b. It is conceming that earlier this year, in response to a FOIA request from members 

of the media about the USDA decision to remove the animal welfare database, all 

of the 1,771 pages of material produced in response was redacted without clear 

explanation. Can you explain the justification for the Department's wholesale 

redaction of these 1,771 pages? Without knowing which specific request you are 

refening. I cannot fully respond. However, this matter is the subject of litigation; 

and the Department of Justice would have adYised what redactions were 

appropriate. 

8) There were reports recently that one of your first official acts at the Department was to 

terminate the labor contract between the Office of General Counsel and its staff of over 

200 lawyers and legal professionals nationwide. Can you share more information with the 

Committee about what transpired, your role in this termination, and where things stand at 
125 

this point? OGC began negotiations with its union for a new collective bargaining 

agreement (CBA) in August 2015. In December 2016. then-General Counsel Jeffrey Prieto 

submitted a final proposal to the union through its president, Matt Tilden. who rejected the 

offer. Union management did not share the terms of Mr. Prieto's offer with bargaining unit 

members. Mr. Tilden submitted a counteqJroposal to Mr. Prieto, which Mr. Prieto rejected. 

By its terms, the CBA expired in March 2017. OGC then exercised its contractual right to 

renegotiate the contract. as the union had exercised that same contractual right on the 

expiration of an earlier agreement in 20 I 0. OGC's negotiating team is comprised solely of 

career attorneys and I have not participated in the negotiations. I am apprised of the 

negotiations' progress as events warrant. Currently. OGC has reached tentative agreement 

with the union on 31 of 44 articles of the CBA and is negotiating an additional 7 articles 

with the help of Commissioner Randall Mayhew of the Federal Mediation and Conciliation 

Service. Four articles are the subject of a proceeding before the Federal Labor Relations 

Authority to determine their negotiability. OGC remains hopeful of reaching an agreement 

on the remaining negotiable articles. 

Senator Sherrod Brown 

1) Your resume states that one of your practice areas was advising clients on compliance with 

the Foreign Agent Registration Act. Have you advised any persons who have previously 

been employed by or affiliated with a presidential campaign or presidential transition team, 

or are currently employed by an executive branch agency? If so, please provide the names 

of any such individuals as well as the scope and extent of your representation. My work 

regarding F ARA matters involved advising lobbying and strategic communications 

companies on whether taking on particular client matters would require their having to 

register under FARA. T do not know if any employees of these clients were previously 

employed by or affiliated with a presidential campaign. presidential transition team or are 

cmTently employed by an executive branch agency. 

2) Your resume states that one of your practice areas was election law. If so, please provide 

the names of any individuals or groups as well as the scope and extent of your 

representation. My client list was disclosed on OGE Form 278. 

3) Please share with the Committee a full list of your pro bono clients over the course of your 

career. Subject to Rule of Professional Condud 1.6, I represented the American 

Association ofUni...-ersity Professors in litigation before the Kentucky Supreme Court on 

a First Amendment issue. I also represented Ms. Esperanza Guerrero in an appeal before 

the United States Court of Appeals for the Fourth Circuit, where the Court upheld the denial 

of qualified immunity for a police officer accused of entering Ms. Guerrero· s home without 

a warrant. And, as noted in my November 3. 2017 letter to the Committee, I volunteered 

to assist with the Presidential Transition Team to help perfonn public records searches on 

individuals under consideration to serve on agency "beachhead" teams. 

4) You previously have represented the Judicial Education Project (JEP), in which you 

defended recent State efforts to restrict voting access for African-Americans and other 

minorities. 
126 

a. Have you been in contact with this client since August 2016? Yes. when the 

decision of the Court in the Virginia case was rendered in December 2016. 

b. Have you asked JEP to waive any privilege that might exist so as to better inform 

the Committee about this client? Would you do so? No and no. 

c. In conjunction with your work for the Judicial Education Project, have you 

communicated, directly or indirectly, with anyone at the Judicial Crisis Network, 

and if so, with who? When did these communications occur? To the best of my 

knowledge. no. 

5) Following up on a question I asked you during your confirmation hearing, please answer 

the following if you have personal knowledge or have access to the information through 

any means not related to your representation of the client: 

a. Do you know if the JEP is a non-profit organization? According to publicly 

available documents that l have reviewed in response to this question. JEP indicates 

on IRS Form 990 that it is organized as a 50l(c)(3) organization. 

b. Did you ever learn of or make an attempt to learn of the identity of the individuals 

or entities who fund the JEP? If so, please provide any information you discovered 

in your personal capacity. No. with the exception of seeing a publicly available 

version of IRS Fom1 990 online as referenced above. 

c. If you know the answers (or, in the case of question two, you know the identity of 

some, but not all of the individuals or entities that fund JEP) but are unable or 

unwilling to provide the answers, please explain in detail, with appropriate citations 

for any legal basis, why you are not providing these answers. N/A 

6) You filed an amicus brief on behalf of four U.S. Senators and the Judicial Education Project 

in North Carolina State Co11ference of NAACP v. McCrory in June 2016. In your brief you 

argued that North Carolina's voting restrictions were "race neutral." Yet, the Fourth Circuit 

found the law in question required "inperson voters to show certain photo IDs, ... which 

African Americans disproportionately lacked, and eliminated or reduced registration and 

voting access tools that African Americans disproportionately used," such as same-day 

registration and early voting. The Fourth Circuit concluded that North Carolina's voting 

restrictions "target African Americans with almost surgical precision" and "impose cures 

for problems that did not exist." 

a. Are there any facts in the Fourth Circuit's decision with which you disagree? 

Please see the bridfiled on behalf of JEP. I respect the opinion of the Court. 

b. Do you still agree that the North Carolina voter ID law was not intended to 

disenfranchise African Americans? Please sec the brief filed on behalf of JEP. 1 

respect the opinion of the Court. 
127 

7) It's my understanding that over a period of years, USDA has worked to greatly reduce the 

backlog of EEOC and civil rights cases at the department. USDA has a long history of 

systemic discrimination. The Congress has engaged in considerable oversight and, in my 

opinion, the previous Administration took significant steps to improve the system for both 

producers and employees. By all accounts, you have expressed your recognition of the 

challenges and your interest in continuing upon this progress. Thank you for that, and I 

know it is the Committee's expectation to see results in this regard. 

a. What steps are you taking to close this backlog? Through an extensive six-month 

initiative and collaboration between OGC and OASCR, USDA was able to reduce 

the average processing time for EEO complaints. Over 50+ OASCR staff were 

detailed for six-months to the Office of Adjudication's Employment Directorate to 

address processing deficiencies. Significant achievements were realized and some 

staff realignments took place to keep up the momentum. More importantly, 

OASCR has established procedures to ensure that they are able to maintain and 

improve on this success and prevent future backlogs of investigations. 

b. Were any of these new policies put in place prior to your arrival? There were some 

shon-tcrm EEO initiatives prior to January 20. 2017 which unfortunately did not 

have pem1ancnt effects. Since that date. OASCR successfully eliminated a 

significant backlog of program discrimination complaints and maintained that 

progress to date. 

c. Are you investigating fewer claims? OASCR reports that the number of EEO 

complaints filed in the past three years remains constant but the number of program 

complaints filed has decreased. 

d. Are there more employees in the office? No, OASCR reports that the number of 

employees has remained at about 130- 134 FTEs for the past six years. 

e. Who led USDA's Office of the Assistant Secretary for Civil Rights (OASCR) on 

January 20, 2017? Has anyone else led OASCR since January 20, 2017? If so, 

please identify the names of those individuals and the dates of their 

leadership. Winona Lake Scott was named as the Acting Deputy Assistant 

Secretary for Civil Rights and David King was detailed to Ms. Scott's position as 

the Acting Associate Assistant Secretary for Civil Rights on January 20, 2017. 

f. How many full-time-equivalent (FTE) employees and contractors serve in USDA's 

OASCR? How have the numbers of employees and contractors in this office 

changed since you joined the USDA? OASCR reports 134 FTEs and six contract 

employees. This number has remained constant since I joined USDA. 
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g. How many complaints were pending in USDA's OASCR on January 20, 2017? 

How many complaints are currently pending in OASCR? As of January 20, 2017, 

OASCR reports that there were 168 EEO complaints filed in FY 2017, 89 pending 

a decision on acceptance, 143 pending investigation, and 140 pending a final action 

either by USDA or EEOC. As of November 13, 2017, the number of EEO matters 

in FY 2018 are 51 new eomplaints filed, 26 complaints pending a decision on 

acceptance, 161 pending investigation, and 80 pending final action. As of January 

20, 2017, OASCR reports that there were 48 accepted program discrimination 

complaints for FY 2017. 299 pending investigation. and l\3 pending a final action 

either by USDA or EEOC. As of November 13, 2017, the number of program civil 

rights matters in FY 2018 are eight complaints accepted. 146 pending investigation, 

and 13 7 pending final action. Please note that these numbers for both EEO and 

program complaints are cumulative and change as each stage of the processes move 

forward. 

h. Of the complaints that were pending in USDA's OASCR on January 20,2017, how 

many are no longer pending? Of those complaints that are no longer pending, in 

how many complaints were problems found, and in how many complaints was 

wrongful conduct identified? With respect to EEO cases. many are settled, 

withdrawn, or outside ofUSDA 's control because they are pending action at EEOC. 

Since January 20, 2017, OASCR issued two findings of discrimination in EEO 

cases and one finding in a program discrimination case. Once a finding is issued, 

the decision and the investigative file are forwarded to the appropriate human 

resources office within 10 days of issuance for review for appropriate 

administrative and/or corrective action in accordance with USDA's civil rights 

accountability policy. 

8) Do you commit to protecting whistleblowers who identify problems with USDA-related 

issues? Yes. 

a. If yes, what specific measures will you take to ensure that whistleblowers are 

protected? OGC assists Agencies and the Department when contaded about certain 

complaints of whistleblowing made to the Office of Special Counsel ( OSC) and 

other federal agencies, and will continue to work with OSC to attempt to resolve 

claims where wan·anted prior to investigation. OGC attomeys working to defend 

cases ofwhistleblower retaliation before the U.S. Merit Systems Protection Board 

(MSPB) will ensure a fair and honest legal analysis and recommend attempted 

resolution, if warranted. USDA's Office of the Inspector General (OIG) is 

responsible for ensuring compliance with the Whistleblower Protection 

Enhancement Act of 2012, which, among other things, directs Inspectors General 

to designate a Whistleblower Protection Ombudsman. OGC will work with the OlG 

\Vhistleblower Ombudsman on any alleged whistleblowing issues if contacted, and 

will \York to ensure compliance with anti-retaliation laws related to whistleblowing, 

including the recently-enacted Kirkpatrick Whistlcblower Protection Act. 
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9) In early November, the U.S. Global Change Research Program (GCRP) released its Climate 

Science Report. The report is a product of a number of scientists across government agencies 

including USDA, NASA, NOAA, and DOE. The report found that "based on extensive 

evidence, that it is extremely likely that human activities, especially emissions of greenhouse 

gases, are the dominant cause of the observed warming since the mid-20th century." 

a. Do you agree with this assessment? If not, on what scientific studies do you base your 

opinion? The Office of the General Counsel provides legal - not scientific- counsel 

and therefore, does not take policy positions on matters of science. 

b. Do you believe that there are negative effects of climate change on American 

agriculture? Yes. 

c. If confirmed, would you use the science summarized in the report to guide agency 

decisions and policy recommendations made to the Secretary of Agriculture? The 

Ofllce of the General Counsel provides legal not scientific counsel. 

d. Will you commit to not taking any adverse action or making any adverse 

recommendation concerning the employment of any USDA scientists who contributed 

to the report? I will commit to advising USDA to follow all applicable laws with 

respect to employment matters. 

e. Will you advise the Secretary of Agriculture and direct your subordinates to consider 

the report the best and latest compilation of climate science for the U.S.? The Office 

of the General Counsel provides legal not scientific - counsel. 

I 0) News reports have reported that USDA staff have been instructed to "stop using the phrase 

'climate change."' 

a. Are you aware if this is true? As stated in Secretary Perdue's August 22, 20171etter 

to Senator Stabenow, there is no USDA policy prohibiting the use of the tetm 

climate change. 

b. Do you believe this is an appropriate demand of agency staff? If yes, why? As 

noted above, no such policy was issued. 

IJ)Who has served as Acting General Counsel since January 20, 2017? Please provide names 

and time periods in which those named individuals served as the Acting General Counsel. I 

served us Acting General Counsel from March 17,2017. until the President's nomination of 

me to serve as General Counsel on September 5, 2017. 

Senator Michael F. Bennet 

1) Along other Colorado River Basin Senators, we asked that USDA dedicate half of the $150 

million in FY17 Watershed Act (PL-566) funding to the Colorado River Basin. Across the 

West, this funding can help address western agriculture's off farm needs. I was 
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disappointed to learn that the Department did not fund any Colorado projects, despite 

proposals to build on successful conservation work in the Lower Gunnison basin. 

a. How many projects that were awarded FY17 Watershed Act funds also received 

funding through the Regional Conservation Partnership Program (RCPPP)? NRCS has 

identified three Watershed Act projects that have different components of the project 

being funded with direct FY 2017 Watershed Act funding or with RCPP funding. The 

Watershed Act projects are the Departce Creek project in Arkansas, the Wahoo Creek 

project in Nebraska, and the Uintah County project in Utah. 

b. Is the USDA prohibited from providing Watershed Act funding to applicants or 

projects that also received RCPP funds? The authorities of the Watershed Protection 

and Flood Prevention Act of 1954 (Watershed Act), Public Law 83-566 may be used 

to implement an RCPP project but RCPP projects can only be funded with RCPP funds. 

\\'atershed Act funds are not among the cowred program funds made available under 

the Food Security Act of 1985 to implement RCPP. In certain situations, a project 

proponent may receive both Watershed Act funding and RCPP funding in order to meet 

the objectives of a larger Watershed Act plan. 

2) Farmers and ranchers depend on trained and qualified USDA staff to work with them on 

applications for grants and loans, and enrollment in conservation programs. We continue 

to hear about vacancies for trained loan officers and Country Executive Directors at USDA 

offices across Colorado. Our farmers and ranchers are rightfully concerned about the 

shortage of staff. 

a. How is the USDA currently making hiring decisions for its state and local offices? 

Staffing decisions for the Farm Service Agency and the Natural Resources 

Conservation Service state and local ot1ices are handled by these agencies of USDA 

and not by the General Counsel. 

b. If confirmed, will you provide state and local offices the authority to fill these positions 

and increase the number of individuals who are training to become farm loan or county 

office employees? The General Counsel does not have hiring authority for FSA and 

NRCS state positions or FSA county ollice positions. 

Senator Chris Van Hollen 

1) Given your previous experience in election law, do you believe that voter fraud is a problem 

within our system? For example, President Trump has frequently alleged that millions of 

Americans voted illegally in the 2016 elections costing him the popular vote. Do you believe 

that to be true? I believe that we must always be diligent against perceived or actual voter 

fraud to protect this precious right given us by the U.S. Constitution. 

2) The Jones Day Amicus Brief you co-authored argued that "The challenged laws [in North 

Carolina] are reasonable, race-neutral regulations of the time, place, and manner of holding 
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elections, and do not impose "a substantial burden on the right to vote," much less an unequal 

burden on voting opportunities." The Fourth Circuit rejected your argument and found that the 

legislature requested race specific information regarding voters and voter practices and with 

"surgical precision" wrote laws that would impact African American North Carolinians but 

not white North Carolinians. How do you explain the legislature's decision to place restrictions 

on voting methods overwhelmingly used by African American North Carolinians, like early 

voting, but not those used by white North Carolinians, like absentee voting? I will allow the 

brief tiled by the Judicial Education Project to speak for itself. and am othenvise unable to 

comment on the decisions made by the Nonh Carolina legislature. 

3) Mr. Vaden, I think it's important to note that prior to joining USDA in January, you had no 

particular involvement in any agriculture-specific issues or any agriculture-specific clients 

during your tenure at Jones Day. Your nomination is a significant departure by the Trump 

Administration from the background and experience of previous USDA General Counsel 

nominees, Republican or Democrat. For example, during the Obama Administration, Jeff 

Prieto was a longtime attorney at the Justice Department's Environment and Natural Resources 

Division before becoming USDA General Counsel. His predecessor, Ramona Romero, was an 

attorney with DuPont, a major U.S. agribusiness company involved in a wide range of 

agricultural policy and legal issues. Going back to the Administration of George W. Bush, 

Nancy Bryson was a long time environment and natural resources attorney both at the Justice 

Department and in private practice. Please walk the Committee through your specific 

experience with the key laws that guide the USDA and support its authorities. Given your lack 

of experience in agricultural legal matters, why do you believe you are as prepared and as 

qualified as your predecessors to be USDA General Counsel? As I mentioned in my opening 

statement my family has been engaged in fanning since at least the early nineteenth century. 

I made the fam1management decisions for our family's farmland from college until my joining 

USDA. In addition, my prior experience litigating as well as advising clients focused on the 

Administrative Procedure Act. Freedom of Information Act. common law as well as statutory 

fiduciary duties, and the protections of the First Amendment Y cs. I was an associate in Jones 

Day's Government Regulation practice group so that advising clients on the Administrative 

Procedure Act and regulatory compliance in general constituted the bulk of my work. 

Regulatory compliance and administrative law are the focus of what any departmental general 

counsel handles. 

4) Mr. Vaden, an August 7, 2017 story by The Guardian reported emails in which a USDA 

supervisor directed employees to avoid using the term climate change. Do you believe that the 

rapid pace of climate change is driven by human activity? If confirmed, will you also direct 

your staff to avoid using the term climate change? OGC provides legal counseL not scientific 

counsel. Consequently, the Office does not take policy positions on matters of science. As 

explained in tbe Secretary's August 22, 2017 letter to Senator Stabenow, there is no USDA 

policy prohibiting the usc of the term climate change. 

5) Mr. Vaden, my understanding is that you have been involved in the USDA reorganization 

process. I have heard some concerns from stakeholders about USDA's ongoing reorganization 

and the lack of information and stakeholder engagement about the process. Specifically, I've 

heard from the Chesapeake Bay Commission that the Natural Resources Conservation Service 
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(NRCS) staff are stretch too thin doing administrative work that used to be done by the Farm 

Services Agency (FSA), leaving significantly less time for one-on-one engagement with 

farmers. Can you assure the Committee that if confirmed, you will make sure the Department 

does not over-reach in its reorganization efforts and engages with core partners about plans 

moving forward? Yes. 

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