Statement by U.S. Senator Chuck Grassley
Ranking Member of the Committee on the Judiciary
Wednesday, June 29, 2011

Balanced Budget Amendment to the Constitution
Tax Increases Not the Answer for Deficit Reduction

The federal budget deficit is 15 times bigger today than it was in 1997, the last time there was a vote in Congress over a balanced budget amendment to the Constitution.  It's time to bring it up again.

Voters sent a clear message in the last election that they want government spending reined in.  They know it's morally wrong to make the next generation pay the bills for the way we live today, and that the problem isn't that people are taxed too little but that Washington spends too much.  In fact, history tells us that an increase in taxes will only fuel more government spending.  Since World War II, Washington has spent $1.17 for every dollar in tax increases, so tax increases have proven to be a license for Congress to spend more money.

State-level requirements for balanced budgets work and serve an important purpose.  A balanced budget amendment to the U.S. Constitution is the kind of serious spending reform needed for the sake of America's fiscal well-being.

WASHINGTON - Senator Chuck Grassley today said that the Federal Emergency Management Agency (FEMA) has awarded funding totaling $4,132,437 to Iowa.

According to the Department of Homeland Security, these federal funds are intended to supplement state and local recovery efforts from damage sustained during severe winter storms in Iowa from January 19 through 26, 2010. 

It is the responsibility of Iowa Homeland Security and Emergency Management to ensure that the eligible sub-grantees receive these awards.

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Q.  Do you offer Senate internships to young Iowans?

A.  Every semester and during two summer sessions I offer Iowa college students and new graduates opportunities to work as interns in my Iowa and Washington, D.C., Senate offices.  Interns assist permanent staff members with constituent services and administrative, legislative and communications work, including work related to my responsibilities as Ranking Member of the Senate Committee on the Judiciary.

Q.  Who should apply?

A.  Right now, I'm encouraging applications from new college graduates who are interested in learning more about American government and gaining valuable work experience.  It's especially important to me to encourage greater understanding and involvement in the process of representative government, so the internships are available to young Iowans in all areas of study, not just to those with political science majors.  Spending a semester working in a congressional office, during college or after college, is a good way both to learn a lot about the legislative branch of the federal government and to develop workplace skills.

Q.  How do students apply?

A.  My office is accepting applications for the fall 2011 session, which runs from late August to mid-December.  Applications are available online at http://grassley.senate.gov/info/internships.cfm.  Forms are also available from my offices in Cedar Rapids, Council Bluffs, Davenport, Des Moines, Sioux City and Waterloo.  Completed applications are due Friday, July 8.  They should be emailed to intern_applications@grassley.senate.gov or faxed to 202-224-5136.

 

June 28, 2011

America's prosperity hinges on our consumer-driven economy.  The economic recovery is slowed in part by tepid consumer confidence that adds to the reluctance by businesses to increase payroll, upgrade equipment and expand operations.  Decision-makers in the private sector are taking a wait-and-see approach due to uncertainty over the federal debt, tax, spending and regulatory policy.  The economic recovery could continue to languish if the federal government fails to rein in spending.

Even so, America's strength and resilience still rests largely within the indefatigable optimism that drives innovators, entrepreneurs, workers and immigrants to scale the ladder of prosperity.

Americans cherish freedoms of speech, press and religion.  U.S. capitalism encourages people from all walks of life to create wealth and achieve the rewards offered by free enterprise.  Bargain hunters would agree the two essential elements of a good buy are the same for a robust economy:  consumer choice and competition in the marketplace.

In the U.S. Senate, I use my legislative and oversight authority to work to strengthen the rights of property owners, taxpayers, consumers, pensioners, patients, and investors.

Consumers armed with accurate, timely information are able to make better decisions and minimize buyer's remorse.  Whether buying big-ticket items such as a car or home or looking for the best surgeon to perform a life-saving transplant, the most informed consumer is likelier to end up a satisfied customer at the end of the day.

I work to foster accountability and transparency in the public and private sectors.  This includes  efforts to advance reforms to the nation's pension laws aimed at preventing bad actors from promising more than they could deliver (remember the Enron scandal); strengthen consumer-friendly comparison tools for family members searching for a quality nursing home; and, let the sun shine in on the financial relationships between medical device makers, pharmaceutical companies, medical professionals and non-profits.

The federal government's system of checks and balances is meant to prevent overreach by the executive, legislative and judicial branches.  That's why I am a strong supporter of sunshine and whistleblower protection laws.  Representing Iowans in Washington, I also have worked to keep close tabs on taxpayer dollars.  Taxpayers deserve to get the most bang for their buck when their hard-earned money is used to build roads, advance medical research, strengthen national security, pay for the military and fund recovery efforts caused by natural disasters.

Transparency also can improve America's health care delivery system. Policymakers have long debated ways to improve quality and rein in the so-called spending curve of U.S. medicine.  On the Senate Finance Committee, I also channel efforts to improve effective medicine and patient safety by promoting better transparency between patients, health care providers, pharmaceutical companies and medical device manufacturers.

I have pressed the National Institutes of Health (NIH) to fully exercise its authority to achieve public disclosure between industry and the doctors who conduct $31.2 billion annually in federally sponsored medical research.  In response to what I exposed about the dramatic disparity between what a number of influential NIH-funded research physicians reported and what they received from pharmaceutical companies, the NIH drafted new guidelines for grant recipients to manage conflicts of interest.  A proposal has been waiting to be processed at the White House Office of Management and Budget since March.  The administration needs to move on this.  The NIH is in a pivotal position to help establish greater accountability in this area through disclosure.  Good stewardship of the tax dollars that back medical research requires it.

In addition, keeping consumers or medical providers in the dark about those with financial ties to medical device makers, as an example, does not help build trust or improve patient outcomes.

A patient having spinal surgery places trust in the doctor's experience and expertise.  The surgeon relies on the current medical literature regarding safety, complications and adverse affects of a medical device or drug when making an informed decision about risks and benefits for the patient.  Troubling reports indicate that severe side effects may have been unreported or under-reported by clinical investigators with financial ties to a bone-growth product they had reviewed.

A patient who is considering surgery has a right to know if his or her physician has a financial relationship with the medical device the doctor is suggesting.  Likewise, a physician using the product deserves to know if the medical professionals who researched and prepared the literature on it have financial ties or consulting arrangements with that company. Public disclosure documenting such financial ties will promote accountability within the industry and allow the public to draw its own conclusions.   Legislation that I co-authored, the Physician Payment Sunshine Act, was enacted into law last year.  It will compel pharmaceutical, biotechnology, medical device and medical supply companies to disclose payments to physicians to the public, starting March 31, 2013, for all payments in calendar year 2012.   That will increase payment transparency.

Transparency and accountability throughout the public and private sectors are standards of good governance that I will continue to champion.  Transparency fosters goodwill in the marketplace and buoys consumer confidence.  Just as American consumers have a right to know where their meat and vegetables are grown, they also have a right to know if their doctor has financial ties to a pharmaceutical company or medical device manufacturer, and their doctors have a right to know about the financial ties of leaders in their profession.

For generations, American consumers have rewarded big thinkers and innovators to out-think and out-innovate the competition. Protecting the public's right to know is as all-American as apple pie and fireworks on the Fourth of July.

Friday, June 24, 2011

Tax Predictability Sought to Encourage Expansion of Clean Energy Alternative, Sustain and Create Jobs

WASHINGTON, D.C. - U.S. Senators Chuck Grassley of Iowa and Maria Cantwell of Washington today introduced legislation to simplify and extend the tax incentive for domestic biodiesel production.  Their bipartisan bill would provide predictability to investors and producers so the United States can continue moving forward to displace imported fossil fuels with low carbon, renewable biodiesel.

In putting forward the Biodiesel Tax Incentive Reform and Extension Act of 2011, S.1277, Grassley and Cantwell said that the lack of certainty about the tax policy inhibits access to capital and could undermine the progress that the U.S. biodiesel industry has made to build the production capacity and infrastructure needed to displace imported petroleum diesel fuel with domestically produced, renewable, low-carbon biodiesel.

"Today's high gas and diesel prices are slowing our economic recovery and burdening families," said Cantwell. "For economic reasons, national security reasons, and environmental reasons, we must continue to invest in America's clean energy economy. Biodiesel is America's first advanced biofuel, it can be made from a variety of feedstocks, and is less polluting than today's petroleum-based diesel fuel.  This bipartisan bill is smart federal policy because it is helping launch a nascent, domestically-based industry, reforms an existing credit to make sure it supports American biodiesel producers, and provides the industry the certainty it needs to continue to grow."

"America is trying to kick its addiction to foreign oil, and biodiesel is part of the cure," said Grassley.  "The more we can encourage domestic production and meet demand, the better off we'll be economically, environmentally, and geopolitically.  This legislation simplifies the tax credit for producers.  It also gives investors predictability so they'll be more likely to put their money into biodiesel production.  And it's directly tied to jobs."  

The biodiesel tax incentive was first enacted in 2004.  Since then, it has helped encourage the production and use of biodiesel.  Production in the United States has increased from 25 million gallons in 2004 to 690 million gallons in 2009, before Congress allowed the tax credit to lapse at the end of 2009, which resulted in job loss throughout 2010.  The credit was restored retroactively in December 2010 through December 2011.

A study by Cardno ENTRIX, an international consulting firm that specializes in environment and natural resources economics, estimates that this year, domestic biodiesel production is expected to support more than 31,000 jobs and replace 800 million gallons of imported diesel fuel.  The same study estimates that with the appropriate federal framework, by 2015 biodiesel production will replace 1.9 billion gallons of imported diesel fuel, support more than 74,000 jobs, and generate $4 billion in income and approximately $7.3 billion in gross domestic product.  The study also found that if Congress does not enact the Cantwell-Grassley Biodiesel Tax Incentive Reform and Extension Act of 2011 and the biodiesel tax credit is allowed to expire at the end of 2011, consumers would be forced to spend an additional $6.6 billion for diesel fuel between 2012 and 2015.

Specifically, the Cantwell-Grassley measure would:

  • eliminate potential abuses and simplify administration of the incentive for both taxpayers and the Internal Revenue Service.  The bill changes the incentive from a blender credit to a production tax credit so that incentives are given for building the domestic production industry.   The change would focus the benefits of the credit on the production capacity of these cleaner, greener fuels rather than on the activity of just blending them with petroleum diesel. By focusing on the production of the 100 percent bio-based fuel, this bill will shut down, once and for all, any remaining opportunity for the abuse known as "splash and dash," in which oil companies add a few drops of biodiesel to their petroleum diesel just to qualify for the tax credit. 
  • provide the $1 per gallon tax credit for the production of biodiesel, renewable diesel and aviation jet fuel that complies with fuel standards and Clean Air Act requirements that define qualified fuels under current law.
  • increase the credit from $1 to $1.10 for the first 15 million gallons of biodiesel produced for small producers, those with an annual production capacity of less than 60 million gallons
  • simplify the definition of "biodiesel" to encourage production from any biomass-based feedstock or recycled oils and fats.
  • simplify the coordination between the income tax credit and the excise tax liability to tighten compliance and reduce administrative burdens on taxpayers.
  • extend this tax credit for five years, giving needed financial predictability so that more facilities can be brought online in the United States.

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WASHINGTON - Senator Chuck Grassley today encouraged new college graduates in Iowa who are interested in gaining valuable work experience and learning more about American government to apply for a fall internship in his office in Washington and in local offices in Des Moines, Cedar Rapids, Waterloo, Davenport, Council Bluffs and Sioux City.

"Spending a semester after college working in a congressional office is a good way to learn a lot about the legislative branch of government," Grassley said.  "It's important to me to encourage greater understanding and involvement in the process of representative government, so the internships are available to college graduates and students of all areas of study."

Grassley's fall interns will work from late August to mid-December.  Interns assist staff members with constituent services and administrative, legislative and communications work, including that of Grassley's staff on the Senate Committee on the Judiciary, where he serves as Ranking Member.

The application deadline is Friday, July 8.  Application forms are available on Grassley's Senate website and in his offices in Iowa.  Due to security-related delays in postal mail delivery to U.S. Senate office buildings, internship applications should be faxed to 202-224-5136 or emailed to intern_applications@grassley.senate.gov.  For more information, send messages tointern_applications@grassley.senate.gov, or call 202-224-3744 and ask for Emily Smith.

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Prepared Statement of Senator Chuck Grassley of Iowa
Senate Agriculture Committee
Farm Bill Accountability:  The Importance of Measuring Performance,
While Eliminating Duplication and Waste
Thursday, June 23, 2011

Madam Chairwoman, the focus of today's hearing is timely as we consider what policies to set in the next farm bill.  We have to make sure farm bill programs are being implemented the way we intended. 

And if they are not being properly administered, then we need to fix the problems.  I want to thank the undersecretaries and assistant secretary for coming today.  I am eager to hear their testimony on a variety of issues.

I know many farmers are probably eager to hear the department's comments regarding crop insurance.  Most farmers tell me crop insurance is crucial to their operations. 

But as we know, the crop insurance program has had a reduction in funds.  So it's more important than ever that we hear what the department is doing to minimize waste, fraud, and abuse in the crop insurance program.  We have to make sure those dollars go to those who really need it.

I am also eager to hear from the department about what they are doing to ensure individuals applying for farm program payments are truly actively engaged in farming.

I am also particularly pleased Assistant Secretary Leonard is here today.  Thank you Madam Chairwoman for requesting his presence on today's panel.  As you know Madam Chairwoman, I made a request back in March for a full committee hearing on the activities of the Department of Agriculture's Office of Civil Rights. 

I will note I also made the same request to the past two chairs of the Agriculture Committee as well. 

While I'm glad Mr. Leonard is here today, I still believe the civil rights and discrimination issues facing the department are a big enough concern that this committee needs to take up the issue in a separate hearing. 

I do hope you will consider conducting a separate hearing on civil rights and discrimination issues at the Department of Agriculture in the near future.

As for today's hearing Mr. Leonard, I hope you will shed some light on how the department is handling some of the problems that have plagued it over the years.

Specifically, I would like you to speak on what the department is doing to address complaints made by employees.   I continue to hear from Agriculture Department employees that they have to wait a long time to have their complaints heard and processed. 

I have also received reports about retaliatory behavior by managers after complaints are made.  What is being done to address these concerns? 

I am not passing judgment on the validity of any employee's particular claim.  My concern is that their claims be considered in a timely and appropriate manner, because that is what they deserve.

I hope the department will provide us with some idea of how it is making sure that happens.

Thank you Madam Chairwoman.

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WASHINGTON - Sen. Chuck Grassley of Iowa has introduced legislation to extend a program he established to help children who are in foster care or at risk of such placement because of a parent or caretaker's abuse of methamphetamine or another substance.  The program encourages innovative regional partnerships to prevent and minimize the children's time in foster care and helps parents get needed treatment so families can be reunited whenever possible.

"Many of the children in foster care are there because of substance abuse at home," Grassley said.  "The regional partnerships are meant to keep the children safe and ideally get the parents back in a position to care for their children as soon as possible." 

Grassley's bill, the Partners for Stable Families and Foster Youth Affected by Methamphetamine or Other Substance Abuse Act, would reauthorize a grants program that he drafted and saw through to enactment in 2006.  The grants support regional partnerships for services including family-based, comprehensive, long-term substance abuse treatment services; early intervention and preventive services; child and family counseling; mental health services; parenting skills training; and replication of successful models for providing family-based, comprehensive long-term substance abuse treatment services. 

"This program is meant to prevent the substance abuse and dissolution of families that have a very great cost to society and state and federal treasuries over time," 
Grassley said.  "Children who come from families with substance abuse are in danger of repeating the behavior, so breaking the cycle is important.  Through partnerships, we can reduce the time children spend in foster care and ensure that parents are provided the treatment needed to keep the family together."

Nationally, nearly 900,000 children were determined to be victims of abuse or neglect and more than 300,000 children entered the foster-care system due to methamphetamine use in 2005, according to a report by the RAND Corporation. Additionally, the cost associated with this number of children in foster care exceeded $900 million.

Grassley is founder and co-chair of the Senate Caucus on Foster Youth and co-chairman of the Senate Caucus on International Narcotics Control.

The text of his statement on the bill's introduction is available here.

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Finance Leaders Begin Investigation Into Medtronic Infuse Trials 

Washington, DC - Senate Finance Committee Chairman Max Baucus (D-Mont.) and senior Committee member Chuck Grassley (R-Iowa) asked medical device manufacturer Medtronic on Tuesday to produce documents related to its controversial bone growth product Infuse.  In a letter sent to Medtronic, the Committee raised concerns over recent media reports that indicate medical researchers in charge of Infuse clinical trials may have been aware of and failed to report evidence that the product may cause sterility in men and potentially-harmful bone growth.  The letter also notes many of these investigators had substantial financial ties to the device manufacturer.

"These reports that doctors conducting medical trials while on Medtronic's payroll may have hidden serious side effects for patients are deeply troubling," said Senate Finance Committee Chairman Baucus.  "Information is one of the most important tools patients and doctors have when making medical decisions.  Patients have a right to know the risks associated with their treatments, and medical device companies have a duty to disclose this information.  We need to do everything we can to ensure companies aren't concealing serious medical complications from patients just to increase profits."

"A patient having surgery has to rely on his doctor's knowing the risks and benefits of a medical device.  The doctor in turn has to rely on the medical literature.  If the medical literature has been written by those with financial ties to the device maker, the doctor and his patient should know that.  A lack of transparency leaves doctors and patients in the dark on something any of us would want to know before surgery.  It's alarming to learn after the fact that articles draw conflicting conclusions about a device's safety and complications.  The lack of disclosure of payments raises questions about the integrity of the conclusions reached, whether integrity was compromised or not," said senior committee member Grassley.

The full text of Baucus's and Grassley's letter to Medtronic appears below:

June 21, 2011

Via Electronic Transmission

Omar Ishrak, Ph.D.

Chairman and Chief Executive Officer

Medtronic, Inc.

710 Medtronic Parkway

Minneapolis, MN 55432

Dear Dr. Ishrak:

The United States Senate Committee on Finance (Committee) has jurisdiction over the Medicare and Medicaid programs.  As Chairman and a senior member of the Committee, we have a special responsibility to the more than 100 million Americans who receive health care under those programs to ensure that beneficiaries receive treatments that are safe and effective.

We are extremely troubled by press reports suggesting that doctors conducting clinical trials examining the safety and effectiveness of Infuse on behalf of Medtronic were aware that Infuse, a treatment commonly used in spinal surgery, may cause medical complications, but failed to report this in the medical literature.  This issue is compounded by the fact that some clinical investigators have substantial financial ties to Medtronic. 

  • Last year, the Milwaukee Journal Sentinel reported that a Medtronic-funded study published in 2004 found that 75% of bone morphogenetic protein 2 (BMP-2) patients experienced ectopic bone growth, where potentially harmful bone growth occurs outside of the fusion area.  The authors, who had financial ties to Medtronic, "concluded that 'although not desirable,'" the ectopic bone growth "did not appear to have an ill effect on the patients." However, in a separate 2008 study conducted by physicians without financial ties to Medtronic, "neurological impairment occurred" in five patients who had the same ectopic bone formation.[1]
  • According to the New York Times, a recent study "found that men treated with Infuse developed a condition that causes temporary or permanent sterility at a far higher rate than men who received a bone graft."  This link to sterility was not reported in the original Medtronic-funded study.[2] In addition, the Milwaukee Sentinel Journal reports that one author of the original study, Thomas A. Zdeblick, an orthopedic surgeon at the University of Wisconsin School of Medicine and Public Health, received "more than $23 million in various royalty payments from Medtronic since 2002."  In addition, "Zdeblick also is the editor of the journal where two of the Infuse papers that failed to mention the link [to sterility] were published."[3

We are also concerned that other severe side-effects of Infuse and similar bone-growth products developed by Medtronic may have been unreported or under-reported in clinical literature.  Reports have linked Infuse to potentially fatal swelling in the neck and throat, and radiating leg pain.  Concerns have also been expressed about a potential link to cancer.[4

Given these concerns, please provide the Committee with the following documents:

1.       All documents and communications pertaining to adverse postoperative events and/or medical complications relating to the use of recombinant human bone morphogenetic protein 2 (rhBMP-2) treatments, including but not limited to:

a.       All communications with and regarding medical journals or their representatives pertaining to adverse postoperative events and/or medical complications relating to the use of recombinant human bone morphogenetic protein 2 (rhBMP-2) treatments.

b.      All communications with and regarding clinical investigators who participated in Medtronic sponsored clinical trials pertaining to adverse postoperative events and/or medical complications relating to the use of rhBMP-2 treatments.

c.       All communications with and regarding the Food and Drug Administration (FDA) pertaining to adverse postoperative events and/or medical complications relating to the use of rhBMP-2 treatments. 

d.      All communications and records between and among Medtronic and members of FDA Advisory Boards pertaining to adverse postoperative events and/or medical complications relating to the use of rhBMP-2 treatments. 

e.      All communications and records between and among Medtronic and physician consultants pertaining to adverse postoperative events and/or medical complications relating to the use of rhBMP-2 treatments. 

2.      A detailed account of payments that Medtronic made to all Infuse clinical investigators.  Please include payments to corporate entities in which Medtronic-sponsored Infuse clinical investigators are principals. 

3.       For each individual and organization identified in question number 2 above, please provide the following information for each payment in table format:  

a. Date of payment

b. Payment description (CME, royalty, honorarium, research support, etc.)

c. Amount of payment

d. Year end or year-to-date payment total

In cooperating with the Committee's review, no documents, records, data, or other information related to these matters, either directly or indirectly, shall be destroyed, modified, removed, or otherwise made inaccessible to the Committee.

We look forward to hearing from you by no later than July 11, 2011. All documents responsive to this request should be sent electronically, on a disc, in searchable PDF format to [staff] and [staff].

If you have any questions, please do not hesitate to contact [staff] with Senator Baucus at (202) 224-4515 or [staff] with Senator Grassley at (202) 224-6522.

Sincerely,

 

Charles E. Grassley                       Max Baucus

Senator                                                Chairman


1 "Complications rise along with off-label use of BMP-2," Journal Sentinel, August 28, 2010.

2 "New Study Links Spine Product From Medtronic to Risk of Sterility in Men," New York Times, May 25, 2011. 

3 "Researchers get royalties, papers omit sterility link," Journal Sentinel, May 25, 2011.

4 "Complications rise along with off-label use of BMP-2," supra note 1.

   

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WASHINGTON - Senator Chuck Grassley today made a request to the leadership of the Senate Agriculture Committee that Iowa host a field hearing to discuss the next farm bill.

In his letter to Senate Agriculture Committee Chairwoman Debbie Stabenow and Ranking Member Pat Roberts, Grassley said that Iowa is one of the leading states in producing a number of agricultural products and that the state lies in the heart of the farm belt.  Iowa is the number one producer of corn, soybeans, pork, and eggs.

"Iowa agriculture is crucial to the health of the economy of the state, and supports thousands of non-farm jobs around the state," Grassley said.  "In addition, the committee has a history of conducting field hearings in Iowa as it considers farm bill legislation."

Here is a copy of the text of the letter.

Tuesday, June 21, 2011

The Honorable Debbie Stabenow
Chairwoman, Committee on Agriculture 
Nutrition and Forestry
Russell Senate Office Building 328A
Washington, D.C. 205 10-6000

The Honorable Pat Roberts
Ranking Member, Committee on Agriculture
Nutrition and Forestry
Russell Senate Office Building 328A
Washington, D.C. 20510-6000

Dear Chairwoman Stabenow and Ranking Member Roberts:

I appreciate your leadership in moving the committee forward in considering the upcoming farm bill. The hearings held so far have provided very insightful information, and I am looking forward to upcoming discussions.

As you consider future committee hearings, I urge you to conduct a field hearing in my home state of Iowa.  Iowa is one of the leading states in producing a number of agricultural products.  It lies in the heart of the farm belt and is home to some of the most innovative and dynamic agriculture businesses in the world. In addition, there are countless examples throughout the state which highlight the tremendous work accomplished through rural development programs. Consequently, the committee has a history of conducting field hearings in Iowa as it considers farm bill legislation.

The policies set in the next farm bill have a tremendous impact on not only farmers, but all Iowans, as there are thousands of non-farm jobs supported by agriculture. Conducting a field hearing in Iowa will give the committee a tremendous opportunity to hear from farmers, rural Americans, companies leading the way in agriculture innovation, and other citizens impacted by farm bill programs.

You have recently received a letter from Iowa Governor Terry Branstad and Iowa Secretary of Agriculture Bill Northey extending an invitation for the committee to have a hearing in Iowa, and they have graciously offered to assist in hosting the hearing. I join them in inviting you to schedule a hearing in Iowa, and I urge you to take them up on their offer to assist in hosting the hearing.

If you would like to discuss this matter further, please let me know, or get in touch with my staff.

Sincerely,

Charles E. Grassley
United States Senator

 

 

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